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Agenda 12/12/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 12, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER 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 MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN 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 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 1 December 12, 2000 4. APPROVAL OF MINUTES A. November 14, 2000 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation designating December 21, 2000 as "National Homeless Persons' Memorial Day". To be accepted by Mr. George Drobinski, Chairman, Collier County Hunger and Homeless Coalition and Ms. Kelly Shavers, Co-Chair. Proclamation designating the month of December 2000 as "Civil Air Patrol Week in Collier County". To be accepted by Mr. George Navarini, Captain of the Civil Air Patrol and Director of Marketing & Public Affairs, Florida Wing. Proclamation recognizing Dr. Denise Bianton, County Director of the University of Florida Extension Service, for receiving the State "Visionary Leadership" Award from the Florida Association of Extension Professionals. B. SERVICE AWARDS 5 Year Attendees: 1) Raul Leon, Road & Bridge - 5 Years 2) Gary Harrison, Inspections & Planning ~ 5 Years 10 Year Attendees: 3) Terrence Sumter, Road & Bridge - 10 Years 4) Michael O'Hara, Facilities Management - 10 Years 15 Year Attendees: 5) Judith Jaeger, Public Information - 15 Years 6) Alamar Smiley, Building Review/Immokalee - 15 Years C. PRESENTATIONS 1) Recommendation to recognize James Wyatt, Operator II, Water Department, as Employee of the Year for 2000. Presentation of Grant and Matching Fund checks from the Library and The Friends of the Library to help finance the Seniors On Line Project to be presented by Doris Lewis, Chair of the Library Advisory Board and Dr. Jay Wolff, President of The Friends of the Library of Collier County, Inc. 6. APPROVAL OFCLERK'S REPORT 2 December 12. 2000 A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Request by the Livingston Road Beautification Association and Collier Naplescape to propose the future creation of a Livingston Road Taxing District to construct improvements along Livingston Road. B. Request by Leonard Wisniewski regarding purchase of trailer at County Auction. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM WAS CONTINUED FROM THE NOVEMBER 28~ 2000 MEETING AND IS FURTHER CONTINUED TO THE JANUARY 9~ 2001 MEETING. Consideration of an alternative road impact fee calculation for a self-serve car wash facility in Immokalee. B. TRANSPORTATION SERVICES 1) Approval of the recommended exterior bus design and color, and selection of a graphics company to provide a trolley design for transit system buses. 2) Approve the execution of a county incentive grant program agreement with the state of Florida Department of Transportation for $3,640,000 in state matching funds for the six-lane improvement to Livingston Road from Golden Gate Parkway to Pine Ridge Road. (Staff requests that this item be heard at 10:00 a.m.) 3) Approve the execution of a county incentive grant program agreement with the state of Florida Department of Transportation for $5,915,000 in state matching funds for the six-lane improvements to Livingston Road from Pine Ridge Road to Immokalee Road. (Staff requests that this item be heard at 10:00 a.m., immediately following Item 8(B)2). PUBLIC UTILITIES PUBLIC SERVICES SUPPORT SERVICES 1) Authorize termination of Arthur Andersen Contract for a Position Classification Study. 3 December 12, 2000 EMERGENCY SERVICES COUNTY MANAGER 1) Recommendation that the Board of Collier County Commissioners Approve The Attached Resolution (00-___) Which Established A Series Of Position Statements On Key Issues Expected to be addressed by the Florida Legislature and authorize the Chairman to present the Resolution to the Legislative Delegation at the Scheduled Hearing on January 17, 2001. H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT CONTINUED FROM THE 11/14/00 MEETING: Report on status of and settlement negotiations in Collier County v. Marshall, Et al., Case No. 99-2009-CA-T, now pending in the Twentieth Judicial Circuit Court (prescription easement claim for Miller Boulevard Extension) and request for Board direction. Recommendation for the Board to approve the proposed settlement and release agreement between the County and Fireman's Fund Insurance Company for Fireman's Fund's payment of workers' compensation benefits to Sheriff's employees. Recommendation to accept a settlement proposal in the case of Jeanette Saubert and William Saubert rs. Collier County Board of County Commissioners, Case No. 99-3972-CA, pending in the Twentieth Judicial Court, Collier County Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Citizens Advisory Task Force. B. Appointment of member to the Golden Gate Beautification Advisory Committee. C. Appointment of member to the Golden Gate Community Center Advisory Committee. 11.OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 4 December 12, 2000 1) To authorize the establishment of an ad hoc committee to assess the current and future electoral needs of the community's citizens and the electors of Collier County, Florida. (Request that this item be heard first on the regular agenda.) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Recommendation that the Board of County Commissioners adopt by Ordinance Petition CP2000-01, an amendment to the Growth Management Plan Future Land Use Element and Future Land Use Map to establish the Bayshore/Gateway Triangle Redevelopment Overlay. B. ZONING AMENDMENTS 1) (This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.) Petition PUD-99-28, Karen Bishop of PMS, Inc. of Naples, representing Vanderbilt Partners II, Ltd., requesting a rezone from RSF-3(3), A(ST), RMF- 6 ST(3), RMF-6(3), RFM-12 ST(3), RSF-3, RSF-3 ST, RSF-4(3), and RSF-4, to "PUD" Planned Unit Development to be known as Cocohatchee Bay PUD for a maximum of 590 residential dwelling units and recreational facilities including a golf course and clubhouse for property located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive, in Section 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 532~ acres. 2) (This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.) Petition PUD-99-13, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Relleum, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Balmoral PUD for a maximum of 296 residential dwelling units for property located on the east side of the future Livingston Road North, 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 59.16 + acres. 3) THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 23~ 2001 MEETING. Petition PUD-2000-16, Robert L. Duane, AICP, of Hole Montes and Associates, Inc., representing Auto Vehicle Parts Co., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Collier Boulevard Mixed Use Commerce Center PUD for a maximum of 433 residential dwelling units and a maximum of 270,000 square feet of retail and office uses, for property located in the northwest quadrant of 1-75 and Collier 5 December 12. 2000 Boulevard (C.R. 951), in Section 34, Township 49 South, Range 26 East, Collier County, consisting of 70 + acres. C. OTHER 1) Adopt an ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. 2) Amend Ordinance No. 2000-019, Vehicle for Hire Ordinance, to rescind the temporary surcharge and increase the taxicab rates. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.) Petition CU.2000-11, Jeff Davidson, P.E., of Davidson Engineering, Inc., representing Big Island Excavating, Inc., requesting Conditional Use "1" of the "A- MHO" zoning district for earthmining for property located V: mile south of Immokalee Road and south of the existing Longan Lake Excavation in the Corkscrew Community in Section 25, Township 47 South, Range 27 East, consisting of 102 acres. (This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.) Petition CU-2000-15, Judith A. Innes requesting a Conditional Use "24" of the "A" Rural Agricultural zoning district for a horse stable on less than 20 acres of !and per Section 2.2.2.3. for property located at 262 and 266 Rose Apple Lane, in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4 + acres. 14. B. OTHER STAFF'S COMMUNICATIONS 6 December 12, 2000 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition VAC-00-016 to vacate the County's interest in a parcel of !and conveyed to Collier County as a 10' wide drainage easement, recorded in Official Book 686, pages 1664 through 1665, and to accept a 15' wide drainage easement as a relocation easement. Located in Section 5, Township 48 South, Range 25 East, Collier County, Florida. 2) Petition VAC-00-017 to vacate the County's interest in a parcel of land conveyed to Collier County as a 15' wide utility easement, recorded in Official Record Book 2678, Pages 2563 through 2565. Located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. 3) Petition SNR-2000-06, Community Development and Environmental Services Division requesting a street name change from West Avenue in the Pine Ridge Subdivision to West 7 December 12, 2000 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) Street, located in the Pine Ridge Subdivision, Plat Book 3, Page 51C and Plat Book 4, Page 24, Collier County, Florida. Award Bid 000-3154 for household hazardous waste collection contractor to USL City Environmental Services of Florida, Inc. Approve an agreement to accept an Artificial Reef Grant from the Florida Fish and Wildlife Conservation Commission. Recommendation to approve Commercial Excavation Permit No. 59.770, "Jim Weeks Commercial Excavation, DeSoto Boulevard, Unit 67, Tract 147" located in Section 21, Township 48 South, Range 28 East: bounded on the north and south by vacant !and zoned Estates, on the west by DeSoto Boulevard, and on the east by vacant !and zoned agricultural. Approve first amendment to cable television franchise agreement with MediaOne Enterprises. Approve transfer of cable television franchise from MediaOne Enterprises, Incorporated, to Comcast Cablevision of the South, Incorporated. Approve joint agreement with the City of Naples and the School Board regarding the County's, City's, and School Board's respective use of public/educational/government (PEG) programming within the city limits and the unincorporated areas of Collier County. Board authorization for the County Attorney to expand scope of services of retained outside legal counsel to lobby for amendments to Florida's Communications Services Tax Simplification Act before a final decision is made whether to file a lawsuit in Federal Court to challenge implementation of that act. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Quail West Phase III, Unit One". Request to approve for recording the final plat of "Montreux at Fiddler's Creek", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Saturnia Lakes Plat One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Indigo Lakes Unit Four", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the f'mal plat of "Valencia Lakes", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Mustang Island" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. A resolution establishing a schedule of development related review and processing fees, including: providing for new and revised building permit and land use petition fees; reflecting current fees for fire code plan review and prevention permits collectively established and adopted by the independent fire districts in Collier County and approved by the Board of County Commissioners on November 28, 2000; adopting that same schedule of 8 December 12, 2000 fees for the dependent fire districts in Collier County; updating language to reflect current nomenclature; superseding Resolution 99-328. B. TRANSPORTATION SERVICES 1) Adopt resolutions and enter into contract renewal with the Florida Department of Transportation for roadway sweeping and median mowing at selected locations within Collier County. 2) This item has been deleted. 3) Approve a budget amendment to provide funds to the Bayshore Municipal Services Taxing Unit Beautification fund construction budget. 4) Approve a budget amendment to adequately fund Transportation Administration, recognize unanticipated revenue and fund the move to the Transportation Administration, Engineering and Planning Department. C. PUBLIC UTILITIES 1) Approve delegating authority to the Public Utilities Administrator to authorize downward modifications of the Take or Pay provisions in the Reclaimed Water Irrigation Contracts. 2) Approve a standard County Contract with Malcolm Pirnie, Inc. for professional engineering services as per RFP g00-3046 "Solid Waste Characterization and Program Analysis." 3) Encumber FY-2001 funds for engineering services during construction of County utility relocations in conjunction with U.S. 41 road widening from Myrtle Road to Old U.S. 41, Projects 70047, 70048 and 73048. 4) Approve list of qualified engineering firms for RFP 00-3119, Annual Contract for Utility Engineering Services. 5) Approve a budget amendment for driveway structural repairs for the Mandatory Trash Collection and Disposal Program for District 1. 6) Approve a Change Order to a Construction Contract with Project Integration, Inc., for the North County Water Reclamation Facility 5-MGD Expansion Project, Bid 99-2908, Project 73031. 7) This item has been deleted. 9 December 12, 2000 8) 9) 10) 11) 12) 13) Award Request for Proposal ~00-3129 for the purchase of an Automatic Meter Reading System. Approve Consent Order Case No. 00~0951-11-HW, Collier County Regional Water Treatment North Plant. Approve funding and a Work Order for construction engineering inspection services for a 12" water main on East U.S. 41 from Manatee Road to Boyne South and a 6" force main from pump station 3.17 to Boyne South, Projects 70862 and 73061. Amend Professional Services Agreement with Metcalf & Eddy, Inc., for the North County Regional Water Treatment Plant, Contract 95-2323, Project 70859. Amend Work Order ABB-FT-00-06 for engineering services related to the development of a supplemental water source to augment the Reclaimed Water Supply, Project 74125. Convey a Utility Easement from Collier County, a Political Subdivision of the State of Florida, to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District for Construction and Maintenance of Electrical Lines, Fiber Optic Lines, Raw Water Mains and Wells as part of the South County Regional Water Plant Reserve Osmosis Expansion Project. PUBLIC SERVICES Amend the Agreement with the Collier County Fair Board which provides a tax-exempt commercial paper loan for the construction of two wings for the Agricultural Pavilion. 2) Approve Work Order #BSW-00-09 to Barany Schmitt Summers & Weaver, Inc. for professional architectural services at Golden Gate Community Center. 3) Approve Work Order #ABB-FT-01-01 to Agnoli, Barber & Brundage, Inc. for professional engineering services at Golden Gate Community Center. 4) Authorize preparation and advertisement of an ordinance establishing the Collier County Coastal Advisory Committee. 5) Authorize implementation of the Haldeman Creek Restoration Project. 6) Approve Amendment No. 4 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Segmented Breakwater Project. 7) Approve Amendment No. 8 to the Professional Services Agreement with Humiston & Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. 1o December 12, 2000 E. SUPPORT SERVICES 1) Approval to Create and Fund a new position titled, "Wellness Coordinator" which will manage the County's Corporate Wellness Program. 2) This item was deleted. 3) Approve a Change Order for Law Engineering and Environmental Services, Inc. in the amount of $6,607.82 for additional costs associated with the disposal and remediation of contaminated soil discovered during the replacement of piping on four underground fuel storage tanks. 4) Authorize a Contract Amendment and Budget Amendment for Design Services for the new lmmokalee Jail Center. F. EMERGENCY SERVICES 1) Approval of an Emergency Management Preparedness and Assistance Competitive Grant Application. Approval of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-045; #01-047; #01-057. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commi~ioner request for approval for payment to attend function serving a valid public purpose. 2) Commissioner request for approval for payment to attend function serving a valid public purpose. 11 December 12, 2000 J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to Adopt the Resolution and Budget Amendment Appropriating Carry Forward and Expenditure Budgets for Open Purchase Orders at the end of Fiscal Year 2000. L. COUNTY ATTORNEY 1) Reconunendation that the Board approve the settlement in Ingersoll v. Collier County, Case No. 98-4274-CA, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $45,000 and all claims against the County would be dismissed with prejudice. 2) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance a qualifying apartment project. 3) Recommendation that the Board of County Commissioners approve the mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the mediated Settlement Agreement relative to the acquisition on Parcel Nos. 41T and 13-45 in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/5/86, et al., Case No. 99-3040-CA. 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 '~ ilE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGEN(' .~S 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 12 December 12. 2000 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 PUD.2000.15 Bruce Anderson, Esq., of Young van Assenderp, Varnadoe and Anderson, and Greg Stuart, AICP, of Stuart & Associates, representing Greg Eagle, Trustee, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Edison Village PUD for a maximum of 54,000 square feet of office and commercial uses for property located at the northwest quadrant of the intersection of Collier Boulevard (CR 951) and Lely Cultural Parkway in Section 22, Township 50 South, Range 26 East, Collier County, Florida, consisting of 7.44 + acres. Petition PUD-00-17, Mr. Donald A. Pickworth, representing Benderson Development Co., requesting a rezone from "I" Industrial to "PUD" Planned Unit Development to be known as l- 75/Collier Boulevard Commercial Center PUD allowing for commercial retail !and uses for property located on the southwest quadrant of the intersection of Collier Boulevard (C.R. 951) and Davis Boulevard (S.R. 84), in Section 3, Township 50 South, Range 26 East, Collier County, Florida. Petition PUD-84-7(6), George L. Varnadoe, of Young, van Assenderp, Varnadoe & Anderson, P.A., representing 951 Land Holdings, Ltd., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a mixed residential golf course community and for an amendment to the Marco Shores/Fiddler's Creek PUD for the purpose of adding the land being rezoned and consolidating this area into the Fiddler's Creek Master Plan while not increasing the total number of dwelling units authorized for the Fiddler's Creek portion of Marco Shores. The area to be rezoned is located in Sections 11 and 14, Township 51 South, Range 26 East, Collier County, Florida. (Companion to DOA-2000-04) Do Petition DOA.2000-04, George L. Varnadoe of Young, van Assenderp, Varnadoe and Anderson, P.A., representing 951 Land Holdings, Ltd., for an amendment to the Marco ShoresfFiddler's Creek Development of Regional Impact, DRI Development Order 84-3, as amended, for the purpose of adding approximately 168 acres to the Fiddler's Creek portion of the DRI in which the current land use theme of residential golf course community is extended without any increase to the number of dwelling units authorized, and to amend the Master Plan to iljustrate the residential/golf course land use theme for property located in Sections 11 and 14, Township 51 South, Range 26 East, Collier County, Florida. (Companion to PUD-84-7(6)) Eo Petition R-2000-06, J. Gary Butler, P.E. of Butler Engineering, Inc. representing Mario Curiale of Southern Development Co. Inc., requesting a rezone from its current zoning classification of "A" Rural Agricultural to "C-4" General Commercial. The subject property is an undeveloped 2.02 acre parcel located on the north side of Tamlami Trail East approximately one half mile east of Collier Boulevard in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Petition CU-2000-14 D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, representing Joseph E. Townsend, Trustee, requesting Conditional Use "1" of the "A" zoning district for earthmining for property located on U.S. 41 approximately 3 ¥2 miles east of Collier Boulevard, in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 42.5 + acres. Petition V-2000-22, Kay D. Sorerisen or Manuel L. Mayo requesting a 7.5 foot variance from the required side yard of 7.5 feet to 0 feet for property located at 6595 Glen Arbor Way being further described as a certain lot or parcel of land being a portion of Lot 1, Vineyards Arbor Glen. Petition V-2000-29, Sammy Hamilton, Jr. representing Everglades Corner, Inc. requesting a 30 foot variance from the required 50 foot front yard setback established for automobile service stations to 20 feet for a gasoline service station canopy replacement for a property located at 31990 East Tamiami Trail, at the corner of Tamiami Trail and SR 29 approximately 23 miles 13 E)ecembe~ 12, 2000 east of Comer Boulevard (CR 951), in Section 25, Township 52 South, Range 29 East, Comer County, Florida. Petition VAC 00-018 to disclaim, renounce and vacate the County's and the public's interest in a portion of a 20' wide berm easement and a portion of a drainage easement in Tract "C", according to the plat of Riviera Colony Golf Estates - Tract Map" as recorded in Plat Book 10, Pages 104 through 108, Public Records of Collier County, Florida. Located in Section 18, Township 50 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 December 12, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 12, 2000 DELETE: ITEM 8(E)1: Authorize termination of Arthur Anderson Contract for a Position Classification Study. (Staff request.) ADD: ITEM 9(D): Recommendation to approve an emergency Ordinance to amend Collier County Ordinance No. 2000-61, the Collier County Water Irrigation Ordinance to automatically incorporate all water restrictions contained in each emergency water restriction order declared from time-to- time by the South Florida Water Management District. (County Attorney request.) ADD: ITEM 10(D) Discussion regarding Collier County's sponsorship of 4th of July parade. (Request by Commissioner Coletta.) ADD: ITEM 16(L)4): Approval of the Stipulated Final Judgment relative to the easement acquisition on Parcels 201 and 201T in the lawsuit entitled Collier County v. Joseph Delucia, eta!., (Golden Gate Boulevard Project). (Staff request.) CONTINUE: ITEM 13(A)1 TO JANUARY 9, 2001 BCC MEETING. Petition CU-2000-11, Jeff Davidson, P.E., of Davidson Engineering, Inc. representing Big Island Excavating, Inc., requesting Conditional Use "1" of the "AMHO" zoning district for earthmining for property located 1/2 mile south of Immokalee Road and south of the existing Longan Lake Excavation in the Corkscrew Community. (Petitioner request.) MOVE: ITEM 16(A)3 TO 8(A)2: Petition SNR-2000-06, Community Development and Environmental Services Division requesting a street name change from West Avenue in the Pine Ridge Subdivision to West Street. (Staff request.) MOVE: ITEM 16(D)4 TO 8(D1: Authorize preparation and advertisement of an ordinance establishing the Collier County Coastal Advisory Committee. (Request by City Councilman Herms.) MOVE: ITEM 17(F) TO 13(A)3: Petition CU-2000-14 D. Wayne Arnold, AICP, of Q. Grady Minor & Assoc. representing Joseph E. Townsend, Trustee, requesting Conditional Use "1" of the "A" zoning district for earthmining for property located on US 41 approximately 3-1/2 miles east of Collier Boulevard. (Staff request.) CHANGE TO ITEM 8(G)1: Request Board consideration of a bill to amend a special act for Collier County to authorize the use of a hearing examiner. (Staff request.) CHANGE TO ITEM 17(A): - Item 34 on page 12 of the PUD document should be amended to delete SIC code category number 7299. The deleted number should be replaced with SIC code Category number 7291. The effect of this change is to eliminate those uses permitted in the 7299 category. The replacement category of 7291 does not add a new category of uses; it becomes the last category in the range currently defined starting from number 7219. (Staff request.) CHANGE TO ITEM 12(A)1: This item is the review and final adoption of the Comprehensive Plan Amendment (CP 2000-01) to establish the Bayshore/Gateway Triangle Redevelopment Overlay.Based on conversations with the Department of Community Affairs, the Botanical Garden and the general public, revisions were made to Exhibit A that is attached to the proposed ordinance under this item. (Staff request.) NOTE: Item 8(B)2 and companion item 8(B)3 to be heard consecutively at 10:00 a.m. (Request by Transportation staff.) Item 11(A) 1 to be heard first on regular agenda. (Request by Supervisor of Elections.) ITEM 16(A)8: Approve transfer of cable television franchise from MediaOne Enterprises, Inc. to Comcast Cablevision of the South, Inc. Request that the Board accept the attached letter from Comcast dated November 27, 2000. Letter was omitted from published agenda. (Staff request.) Item 16(A)17 - Noted for the record that the schedule of Development Review and Permitting Fees has been amended from the version in the published agenda. $300 pre-application fee for site development plans and zoning petitions have been established, and several basic plumbing, mechanical, electrical and structural permits were increased from $36 to $50 to be consistent with other permit fee increases. Other revisions were minor in nature and all other changes have been approved by the Development Services Advisory Committee. ii~ 4'Wlilr ~ly it J~ ¢ffi~t~d tt~t at aR' l~i~t ia #lilt ti~ ~ ~ ov~' f/fly y~ar~ t~ I~d mi~ tl~ I-I~i~j Act of 1949 called fo~ a d~=~nt harem a~ ~uJtabl~ Iki~d ~Wror~t re. ~v~'y Am~i=~n fam~; and, ~nd ~YHEREA$, of CWlier ATTEST: PH.D., DW.r;,HT E. ~ROC'ff, AGENDA AT!~M CEC 12 2000 PROCLAA4A T~'ON ¢i~1Ai~ Patrol, a ci~flian auxiliary of the United ~afes Ai~ F~, communi~, ~a10, ~d the na#~] ~/f~; ~ ~VHEREA$, the members of Floeida ~Vin~, Civil Air Patrol are peemd 1o ~i~ of their flint ~ ~~ f~ th~ ~fit of ~eir f~llow Amerces th~ ae~al ond ~nd se~ ~d ~ o~~, thigh hum~i10~an and m~y flights, a~ many this organization of volunteers/s htlpintj conduct on effectiv~ national pro, ram of atrosl~ce e~uca#on and training for its members atut the ~nernl public; amt, ~VlqEREAS, this putriotic oetjoniza#on of:t:er~ an ou?~anding pt~m of leadership training ond develol~nent ond carter motivation to teena~ WHEREAS, Oecembee I~ 2000 of ~d'~ the daek ~W THE~ be it ;~ ~i~ C~. FI~d~,~ that ' d~/~d a~ , of the foondin~ of /n its hooe and which 10~ay of be Civil A Patrol Month in Cbliier by call" the month with of this DONE AND ORDERED BOARD at= COUNTY CO&ftA~T-~SXQNER$ COLUTER COUNTY, FLoI~rDA A TTEST: J'A44E$ D. CARTER, Ph.D., Dw-rGIqT ~. BRO~K, CLb-RK AGENDA i[TEM DEC 12 P I~ O C L A II4 A T I O N WHEREAS, the Board of Collier County Commissioners has been notified by the Florida Association of Extension Professionals that Dr. Denise Blanton, County Director with the University of Florida Extension Service, is the recipient of the "Visionary Leadership" Award; and, WHEREAS. this award recognizes Extension Faculty who have developed innovative educational programs to address complex problems; and, WHEREAS, Denise has distinguished herself with the following educational programs: "Makes T~is a Nice Place to Live", for 600 families in Farm Workers Village; 'Learn to Lead", for 203 community and 'FastTrac", for 166 small their profitability. NOW THEREFORE Commissioners of ~:Denis~'~lanton .forreceivin9 ~:~ CoJlier Cou .n[ty. BOARD OF' COUNTY Leadership" ,e residents ATTEST: bWT&HT E. BROCK. CLERK DEC 12 2O00 pg., ,/ .... EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JAMES WYATT, OPERATOR II, WATER DEPARTMENT, AS EMPLOYEE OF THE YEAR FOR 2000. OBJECTIVE: The "Employee of the Year" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Jim Wyatt has been with Collier County since 1993 working in the South Water Plant. He is responsible for a number of assorted duties which he has taken on, above and beyond, his responsibility as a Water Plant Operator. The Water Department operates the pump station which supplies water to the Goodland residents. Part of Jim's responsibility is to see that the Goodland section functions properly, which includes operating, maintaining and upkeep of the facility. Over the last several years, Jim has initiated a fire extinguisher control program for the outlying stations, gives water plant tours to visitors as well as new employee orientation groups and takes on the responsibility of new operator training. Jim has saved the County a large amount of cost with hi§ suggestion for the location of a PLC (Programmable Logic Controller) and designed an air conditioning system to be used at the Goodland Re-Pump Station. Jim's knowledge, professionalism and concern for customers, water quality and Collier County have earned him the recognition of being selected as Employee of the Year for 2000. FISCAL IMPACT: "Employee of the Year" selectees receive a $250.00 cash award. Funds for this award are available in the Department Budget. RECOMMENDATION: That James Wyatt, Operator !1, Water Department, be recognized as the "Employee of the Year" for 2000. PREPARED aary.~Jo~ B~roJck , Administi'~tive Secretary, County Manager's Office Thomas W. Olliff ~'-b~'-~ County Manager UV__/' DATE: A~F, hJE~A i'TEM j No. DE't', 12 2000 COLLIER COUNTY MANAGER'S OFFICE November 27, 2000 Mr. W. Neil Dorrill Dorrill Management Group 5645 Strand Boulevard, Suite 3 Naples, FL 34110 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Request for Public Petition to Propose the Future Creation of a Livingston Road Taxing District to Construct Improvements Along Livingston Road Dear~l: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 12, 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 VV. Harmon Turner 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. Sincerely, County Manager TWO:jeb cc: County Attorney / - ~(3ENbA_ITI~M ' No. "-i ~t~r DEC 1220OO Dorrill Management Group November 22, 2000 Mr. Tom Olliff Collier County Manager Collier County Government 3301 East Tamiarni Trail Naples, Florida 34112 Re: Livingston Road Public/Private Beautification Dear Mr. Olliff: Two Community groups have formed an effort to make the Livingston Road corridor a .fully landscaped and scenic parkway in our community. The Livingston Road Beautification Association and Collier Naplescape have developed concept plans to construct medians, streetscapes and lighting improvements from Radio Road to the County line. C0nfuming our discussion on October 20, 2000, we would like to appear on the December 12, 2000 County Commission agenda as a public petition to propose the future creation of a Livingston Road taxing district to construct improvements along this important new roadway. If you upon review of the above have any questions please do not hesitate to contact me. WND:ss cc: Commissioner Jim Carter, Chairman Susan Watts, Naplescape, Livingston Road Beautification Assoc. AGE ND..A iTEM DEC 1 Z 2000 5645 Strand Boulevard, Suite #3 ° Naples. Florida 34110 · tel. 941-592-9115 · f:Lx 941-59q-1422 COLLIER COUNTY MANAGER'S OFFICE November 28, 2000 Mr. Leonard D. VVisniewski 2630 N.E. 35th Avenue Naples, FL 34120 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Request for Public Petition by Leonard Wisniewski Regarding Purchase of Trailer at County Auction. Dear Mr. Wisniewski: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 12, 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 VV. Harmon Turner 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. Sincerely, Thomas W. OIl~ff County Manager TWO:jeb cc: County Attorney Steve Carnell, Purchasing Director A(3ENDA ITEM _ DEC RECEIVED COUNTY ADf,!dNISTRATORS OFF!C:F ACTION L, U U '.: FILE AGENDAJ,TEM ' ! No. -1 C) ' DEC 12 2000 EXECUTIVE SUMMARY APPROVgL OF THE RECOMMENDED EXTERIOR BUS DESIGN AND COLOR, AND SELECTION COMPANY TO PROVIDE A TROLLEY DESIGN FOR TRANSIT SYSTEM BUSES. OF A GRAPHICS OBJECTIVE: To enhance Collier County's public transit by approving the recommended Trolly design and color as endorsed by the Marketing Subcommittee of the TRAC with support from the City of Naples, and approving the purchase and installation of Trolley graphics on Collier County's seven Blue Bird buses scheduled for delivery in January, 200'1. CONS]"DERATIONS: On November 8, 2000 the Transit Review Advisory Committee (TRAC) Marketing Committee approved the green Trolley Illusion design for Collier County's seven public transit buses. The City of Naples has also endorsed this design and color option. Staff requested a design and color recommendation from the CACFFAC and MPO. Staff will present these recommendations dudng the BCC meeting on December 12, 2001. The recommended Kit is copyrighted by Mr. Stan Mitts and is, therefore, eligible for the exemption for single source commodities (Purchasing Policy, Section 5 C) FISCAL IMPACT: Funding in the amount of $62,650 is budgeted in the Gas Tax Fund. An initial deposit of $10,000 will be required. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the trolley design and color and that the Board approve the purchase and installation of the Trolley Illusion Bus Kit with an initial $10,000 deposit and authorize all purchase orders necessary. Prepared by: '~J',~'~' ~~J~ Date:/.-~/'~"/~), ~. David i~ Hope, Pu!~c Tr~z~portation Manager Reviewed by: ~~ _~_ . Date: 1'/~, rec,o Approved by= r~ ~i'~~~ ~ Date:/~l-/~ N~ff ~n ~, ~ranspo~tion Se~i~s Administrator ~ DEC I z [ Xl FROM :Stan and Marjorie Mitts PHON5 NO. : 517 750 1807 Now. 29 20~ 12:32AM P1 7160 Spring Arbor RD. P.O. Box 405, Spring Arbor, MI 49283-0405 Phone: $17 750-1177 Fax: 517 750-1807 E-maih sandm(~modempool. com Toll Free: 1-877-443-2838 November 29, 2000 At~ Mr. Fred BlatcMcy Fax: 941-732-0844 The following is information about the Trolley Illusions Bus (}raphies, which you requested by phone on November :28,2000. A description of the Trolley Illusions Bus Kit: 3M vinyl is used for the printed wood and other prints. Projected durability given by the manutaeters of the printing materials is 3 to 5 yrs. rainitalini. The printed material is covered with a clear coat, adding a generous UV protectant and extra protection from general waahi~ and weather. This will add additional years to the life of the printc~ vinyl. The "boards" which go over the windows to form the trolley window frames are primed on top quality pcrforatcd vinyl, which does not block passenger vision from insidc. All top quality materials arc used. The kits arc adaptable to almost any style of bus, giving the same trolley appeaxance or can bc moderately modified upon r~quest. No alterations have to be rr~a~ to the bus to have the trolley graphics applicd, The Trolley Illusions is my own design, copyrighted on December 7, 1998, all rights reserved. Everything, including the woodgrain design am my own creation. Thc graphics look very realistic. Many have thought the buses with the trolley graphics were rcal trolleys, until they were told differcntly. I request that my design not be shown to other graphic companies for gctt'mg bids. This is very im- portant in prot~t'mg my copyright. vinyl scrolls and striping is included with the kits. Any future replacement pieces will be available. AGENQA ITEM No._ ~-~/ DEC 1 Po. FROM : Start and Marjor~e Mitts PHONE NO. : 517 750 1807 Nov. 29 2000 12:32P~1 P2 2. Prices quoted to David Hopc are as follows: 7 Trolley Illusions Kits to fit 25it. bus ~ $5,500.00 ca. Total: $38,500.00 Cost to install the kits in Naples, FL., $3,000.00 ca. Total: $21,000.00 including travel, accomodations, Total $59~500.00 Lcttexing rnr the bu.~s is available at a discounted cost of $ 450.00 l~r bus. Lettering would bc custom designed to fit the trolley design and customer needs. I install personally, sinoc the graphics ar~ very detailed and artistically laycd out to give a realistic 1oolc I guarantee my work. I am covered by business liability insurance. Proof of insurance will be given upon request. Projected time for installation l~r bus is approx'unately five days. Upon receipt of a purchase order, estimated time to produce the 7 kits will be 3 to 3 1/2 weeks. A deposit is r~luircd at the time of the purchase order, so kits can be produced, The amount of deposit is n~gotiable. S~at with th'L~ fax is a copy of the copyright c~rtilicate, references, and a promotional fiyex. Looking forward to doing business with you, Start Mitts DEC 1 z 2000 FROM : Stan and Marjorie Mitts PHONE NO. : 517 758 1887 Now. 29 2888 12:33AM P3 TROLLEY ILLUSIONS VI L KITS FOR BUSES Customized For Your Bus Long-term Outdoor Durability Vinyl Kits include: Trolley graphics on high quality 3M vinyl, including some lower body stripes and scrolls. Extra added UV protection for longer durabiliW Lettering is not included in the kit, but will be available at a discounted price, attractively designed and customized for your bus. The painting of the color of the bus is not included. Future replacement pieces are available. For more information contact: Start Mitts $tan Mitts Signs PO Box 405 Spring Arbor Michigan 4~283-o4o5 DEC 1 2 2000 Phone: 5x7 75o-xx77 Toll Free: x-877-443-2838 Fax: 517 75o-x177 E-mail: sandm~modempool.com Pl~se visit our web site: www.trolleyillusions.com Copyright x998 Stan Mitts FROM : Start and Mariorim Mitts CERTIFICATE OF REGISTRATION PHONE 1,413. : 517 750 1807 This Cer~lfioate Issued under the seal of the Copyright Offioe in aooordance with title 17, United States Code, attests that registration has been made for the work identi- lied below.The information on thl; certificate h~ been made a pan of'~he Copyright Office records. Nov. 29 20~ 12:33RH P4 FORM VA i _jIii IS~rER, COPYR!~.~ ~'. ~i~, ' ~,ey .',,,., . FROM :Stan and MErjor~m M~tts PHONE NO. : S17 ?~1~ 1B07 No~. 29 2000 12:34R~1 PS REFERENCES Mr. (}onion $zlaehetim or Mr. David Vassal $a~kson Tra-aporta~n Authority 2350 East High Slxoet $a~kson, MI 49203 Phone: 517 787-8363 Mr. Loe Shanks City ofTu.~aloosa Tranait Authority 2450 liargrove Rd. E. Tusealoosa, Alabama 35405 Phone: 205 556-3876 Baldwin Rural Area Transportation System. Attn: Rosie or Barb PO Box 907 Robertsdale, Alabama 36578 Phone: 334 947-2728 Mr. Richard Strevey Maai~ee County Transit 180 Memorial Dr. Manistee, MI 49660 Phone: 231-723-6561 Mr. Robert K~nne3y or Mr. K~n Stevens Lowell Regional Transit Authority 145 Thornth'ke St. Lowell, MA 01852 Phone; 978-459-0164 Alabama Department on Transportation 1409 Colosaeum Blvd. PO Box 303050 Montgomery, Alabama 36130 Phone: 334 242-6084 DEE I Z 2OO0 EXECUTIVE SUMMARY APPROVE THE EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORATION FOR $3,640,000 IN STATE MATCHING FUNDS FOR THE SIX-LANE IMPROVEMENTS TO LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD. OBJECTIVE: Approve the execution of a County Incentive Grant Program agreement with the State of Florida Department of Transportation, hereinafter referred to as "Department" and Collier County, herein;after referred to as "County", for improvements to Livingston Road from Golden Gate Parkway to Pine Ridge Road, hereinafter referred to as "Project". CONSIDERATION: The County shall provide the services for the construction of six-lane improvements to Livingston Road from Golden Gate Parkway to Pine Ridge Road. The D. epartment has agreed to provide the County with financial assistance for the Project since it will relieve congestion to the State Highway System.. The Department shall contribute a maximum of $3,640,000 to cover a portion of the costs of construction for the Project. FISCAL IMPACT: Upon completion of the project, the Department shall reimburse the County for actual costs up to $3,640,000. Funding for this project is budgeted in FY 01 in the Gas Tax Fund. These funds will be reimbursed to the Gas Tax Fund and represent a new revenue source for implementation of the County's Capital Improvement Element. 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 execution of a County Incentive Grant Program Agreement with the State of Florida Department of Transportation for the six-lane improvements to Livingston Road from Golden Gate Parkway to Pine Ridge Road; and (2) Authorize the Chairman to execute the attached Resolution; and (3) Approve and authorize the Chairman to execute the County Incentive Grant Program Agreement on behalf of the Board of County Commissioners. Mitch RiJ~br, P.E., Interim-Director Transp9Cr~ation Engineering and Construction Management Department, APPROVED BY: //~~¢¢ ~, ~.~ DA Nol/m~ ~eder, ~iministrator Tra7°rtati°n Divisi°n . ,,, ~,E DEC 1 2 2000 Pg: ] Catalog of State Domestic Assistance No. __55008~ Form 525-010-41 OGC - POLICY PLANNING Page 1 of 9 Financial Project No.: 410003 I 54 01 COUNTY: COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No 410003 1 54 01 for Livingston Road from Golden Gate Parkway to Pine Ridge Road, hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. dated the ~ day of , , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT consists off Livingston Road from Golden Gate Parkway to Pine Ridge Road, as further described in Exhibit "A," attached hereto and made a part hereof. DEC 1 2 2000 Form 525-010-41 OGC - POLICY PLANNING Page 2 of 9 B. The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, including COUNTY's standards and specifications. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT fi'om the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the COUNTY'S standards and specifications. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. i) The DEPARTMENT must approve any consultant and/or contractor scope of services prior to advertising by the COUNTY. All work to be performed under this Agreement is to be in accordance with the requirements listed in 1B hereinabove. ii) The DEPARTMENT's approval must be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Construction (2000), as amended. E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Paul Theberge, P.E. Resident Construction Engineer Florida Department of Transportation P.O. Box 789 Fort Myers, Florida 33902 TO COUNTY: Mr. Mitch Riley, P.E. Transportation Engineering & Construction Management Department 3301 Tamiami Trail, Bldg. D Naples, Florida 34112 2-TERM A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this Agreement and shall be performed in accordance with the following schedule: a) Design to be completed on or beforeN/A b) Construction contract to be let on or before __May 1, 2001__ c) Construction to be completed on or before September 30, 2002. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and ,',' ...... ,~---~- :- ,h:, coi,,~ ....A~el~iD~,iT!51~I ....Agreement. No. CSr{ I DEC 12 2000 Form 525-010.-41 OGC - POLICY PLANNING Page 3 of 9 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to a maximum participation, in the amount of THREE MILLION SIX HUNDRED FORTY THOUSAND AND NO/100 DOLLARS' ($3,640,000.00). The COUNTY agrees to bear all expenses in excess of the DEPARTMENT's participation. i) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: once the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT. ii) Any provisions for an advance payment are provided in an Exhibit to this agreement. iii) In the event the COUNTY proceeds with the design, construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the project. Invoices submitted after the 180-day time period will not be paid. C. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. D. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044 (29) 1999, Florida Statutes. E. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. F. The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. G. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. and paid in accordance with Section 112.061, Florida Statutes. Bills for travel expenses specifically authorized by this Agreement shall be submitted DEC 1 2 2000 Form 5254)10-41 OGC - POLICY PLANNING Page 4 of 9 I. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. J. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. K. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be fin'nished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. L. The DEPARTMENT, during any fiscal year, shall not expend money, 'incur any liability, or enter into any contract which, by its terms, involves the expenditure o fmoney in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. M. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with any public entity and may not transact ~usiness ~th any public entity ' AGr-~-NDA ITEM DEC 12 2000 Form 525-010.41 OGC - POLICY PLANNING Page 5 of 9 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, employees, contractors/subcontractors, consultants/subconsultants. Neither COUNTY nor an3 of its officers, agents, employees, contractors/subcontractors, consultants/subconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees fi'om all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor/consultant, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of the agreement, when it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or cause its contractor to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COMPENSATION. The COUNTY shall also carry and keep in force ~ · a .... ,4~ +!~, ~br~, ' Worker's Compensation insurance as required for the State of ""'"~'-~n'l:y~,~ ....kers Compensation Law. I No. '~Y-"~-. ?~- I 5-COMPLIANCE WITH LAWS / DEC 1 2 2000 ] A. The COUNTY shall aliow public access to all docur~entll~paper~.(-'~letters. or [thee Form 525-010-41 OGC - POLICY PLANN1NG Page 6 of 9 material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. :The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statute§. criteria. Recipiems of state funds are to have audits done annually using the following State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. Ifa recipiem expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. Ifa recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid fi'om non-State funds. Reporting Packages and management letters generated fi-om audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. DEC 1 Z 2000 Form 525-010-41 OGC - POLICY PLANNING Page 7 of 9 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the fight to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the fight to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Contract may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date 'of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same perc~ ntage of the contract price as A(3ENDA ITEM -- DEC 2 2000 Form 525-010-41 OGC - POLICY PLANNING Page 8 of 9 the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 7-MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and inchdes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation fi'om the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect 'provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall he in Leon County, Florida. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT. H. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on AGENDA ITEM No. ~/7__ ,~ Form 525-010-41 OGC - POLICY PLANNING Page 9 of 9 a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract wi. 'th any public entity, and may not transact business with any public emity. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this ~ day of , , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the ~ day of ,... , and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of ATTEST: COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .(SEAL) BY: Deputy Clerk JAMES D. CARTER,. Ph~.D,., Chair, man, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI(~I~istanl~ Count~ Attor e~ ATTEST: ,(SEAL) EXECUTIVE SECRETARY DOT District Construction/Maintenance Engineer Approval: BY: DISTRICT SECRETARY DISTRICT ONE DOT Legal Review: Availability of Funds Approval: (Date) DEC 1 2 2000 EXHIBIT A Livingston Road Phase II with project limits fi'om Golden Gate Parkway (CR 886) to Pine Ridge Road (CR 896). Project specifics include: A new six-lane divided highway with a high degree of access control. Project length is approximately 2.6 miles. Project is one mile west of and parallel to 1-75. The southern terminus at Golden Gate Parkway connects to Livingston Road Phase I (new six-lanes currently under construction) which extends south to Radio Road (CR 856). The northern limit of the project connects to Livingston Road Phase III. AGENDA ITEM No. q~aCz.. ~ DEC 1 2000 pg. I~ ! 2 3 4 6 7 8 9 lo 11 12 ~3 14 I$ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3~ 32 33 34 3~ ~6 RESOLUTION NO. 2000. ~ A RESOLUTION AUTHORIZING THE EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD. WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the "Department" and Collier County, hereinafter referred to as the "County" are both desirous of entering into the County Incentive Grant Program Agreement, hereinafter referred to as "Agreement"; and WHEREAS, the County shall furnish the services with which to construct Livingston Road from Golden Gate Parkway to Pine Ridge Road as described in Exhibit "A" of the Agreement; and WHEREAS, the Department has agreed to provide the County with financial assistance in the amount of $3,640,000. for improvements to Livingston Road from Golden Gate Parkway to Pine Ridge Road, in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the Collier County Board of County Commissioners .believes such an Agreement is in the best interest of the citizens of Collier County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COM_~HSSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. OF COUNTY 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, between Collier County and the State of Florida Department of Transportation, agreeing to furnish the services required to construct Livingston Road from Golden Gate Parkway to Pine Ridge Road in exchange for financial assistance from the State of Florida Department of Transportation in the amount of $3,640,000. ADOPTED this __ majority vote favoring adoption. day of , 2000 after motion, second and AGENDA ITEM 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 ATTEST: DWIGHT E. BROCK, Clerk By:. Deputy Clerk Approved as to form and legal sufficiency: H~idi F./~sh~ton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D, Chairman EXECUTIVE SUMMARY APPROVE THE EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORATION FOR $5,915,000 IN STATE MATCHING FUNDS FOR THE SIX-LANE IMPROVEMENTS TO LIVINGSTON ROAD FROM PINE RIDGE ROAD TO IMMOKALEE ROAD. OBJECTIVE: Approve the execution of a County Incentive Grant Program Agreement with the State of Florida Department of Transportation, hereinafter referred to as "Department" and Collier County, hereinafter referred to as "County", for improvements to Livingston Road from Pine Ridge Road to Immokalee Road, hereinafter referred to as "Project".' CONSIDERATION: The County shall provide the services for the construction of six-lane improvements to Livingston Road from Pine Ridge Road to Immokalee Road. The Department has agreed to provide the County with financial assistance for the Project since it will relieve congestion to the State Highway system. The Department shall contribute a maximum of $5,915,000 to cover a portion of the costs of construction for the Project. FISCAL IMPACT: Upon completion of the project, the Department shall reimburse the County for actual costs up to $5,915,000. Funding for this project will be budgeted in FY 02 in the Gas Tax Fund. These funds will be reimbursed to the Gas Tax Fund and represent a new revenue source for implementation of the County's Capital Improvement Element. 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: (4) Adopt the attached Resolution authorizing the execution of a County Incentive Grant Program Agreement with the State of Florida Department of Transportation for six-lane improvements to Livingston Road from Pine Ridge Road to Immokalee Road; and (5) Authorize the Chairman to execute the attached Resolution; and (6) Approve and authorize the Chairman to execute the attached County Incentive Grant Program Agreement (3 originals) on behalf of the Board of County Commissioners. Mitch Ri~ey,.P.E., Interim-Direc-~Cor Transp0~ttatlon .l~ngine~'ing and Construction Management Department APPROVED BY: -/~/F, ff~.~¢ ~/~ DATE: NOrth Fe¢? dministrator Tm~tatlon Division AG~DA I~M DEC 12 2000 l ! 2 $ ? 1o 11 12 13 15 16 17 2o 21 22 23 2~ 25 26 27 28 2~ 3o 32 33 36 RESOLUTION NO. 2000- ~ A RESOLUTION AUTHORIZING THE EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO LIVINGSTON ROAD FROM PINE RIDGE ROAD TO IMMOKALEE ROAD. WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the "Department" and Collier County, hereinafter referred to as the "County" are both desirous of entering into the County Incentive Grant Program Agreement, hereinafter referred to as "Agreement"; and WHEREAS, the County shall furnish the services with which to construct Livingston Road from Pine Ridge Road to Immokalee Road as described in Exhibit "A" of the Agreement; and WHEREAS, the Department has agreed to provide the County with financial assistance in the amount of $5,915,000. for improvements to Livingston Road from Pine Ridge Road to Immokalee Road, in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the Collier County Board of County Commissioners believes such an Agreement is in the best interest of the citizens of Collier County, Florida. 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, between Collier County and the State of Florida Department (~f Transportation, agreeing to furnish the services required to construct Livingston Road from Pine Ridge Road to Immokalee Road in exchange for financial assistance from the State of Florida Department of Transportation in the amount of $5,915,000. ADOPTED this ~ majority vote favoring adoption. day of 2000 after motion, second and DEC 12 2000 37 38 39 40 4! 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: DWIGHT E. BROCK, Clerk By:. Deputy Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph.D., Chairman Catalog of State Domestic Assistance No. __55008~ Form 525-010-41 OGC - POLICY PLANNING Page 1 of 9 Financial Project No.: 410014 I 54 01 COUNTY: COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 410014 1 54 01 for Livingston Road from Pine Ridge Road to Immokalee Road, hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. dated the ~ day of , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: I-SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of: Livingston Road from Pine Ridge Road to Immokalee Road, as further described in Exhibit "A," attached hereto and made a part hereof. DEC 12 2OO0 p~. Form 525-010-41 OGC - POLICY PLANNING Page 2 of 9 B. The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, including COUNTY's standards and specifications. The COUNTY shall be respons~le for obtaining clearances/permits ' required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the COUNTY'S standards and specifications. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. i) The DEPARTMENT must approve any consultant and/or contractor scope'of services prior to advertising by the COUNTY. All work to be performed under this Agreement is to be in accordance with the requirements listed in lB hereinabove. ii) The DEPARTMENT's approval must be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Construction (2000), as amended. E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Paul Theberge, P.E. Resident Construction Engineer Florida Department of Transportation P.O. Box 789 Fort Myers, Florida 33902 TO COUNTY: Mr. Mitch Riley, P.E. Transportation Engineering & Construction Management Department 3301 Tamiami Trail, Bldg. D Naples, Florida 34112 2-TERM A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this Agreement and shall be performed in accordance with the following schedule: a) Design to be completed on or beforeN/A b) Construction contract to be let onor before ~August 1, 2001 c) Construction to be completed on or before July 30, 2003. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. Form 5254)1041 OGC - POLICY PLANNING Page 3 of 9 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to a maximum participation, in the mount of FIVE MILLION NINE HUNDRED FIFTEEN THUSAND AND NO/100 DOLLARS' ($5,915,000.00). The COUNTY agrees to bear all expenses in excess of the DEPARTMENT's participation. i) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: once the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT. ii) Any provisions for an advance payment are provided in an Exhibit to this agreement. iii) In the event the COUNTY proceeds with the design, construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the project. Invoices submitted after the 180-day time period will not be paid. C. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. D. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044 (29) 1999, Florida Statutes. E. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. F. The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. G. Bills for fees or other compensation for services or expenses shall be submitted in deta'fi sufficient for a proper preaudit and postaudit thereof. H. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. AGENDA ITEM -- Form 525-01041 OGC - POLICY PLANNING Page 4 of 9 I. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. J.' A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) fi'om a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. K. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. L. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement fi'om the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for pq. riods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. M. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on ~ ,,r foal nro~erty to a public entity, may not be awarded or perform work as a contractor, upIfl~.~r,t~u~~tor, ?r consultant under a contract with any public entity and mav not trm~sact b~ siness with ~ckntltv ' ' DEC 1 2' 2000I' Form 525-0104 1 OGC - POLICY PLANNING Page 5 of 9 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-1NDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees fi'om all suits, actions, clakns, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants. Neither COUNTY nor any of its officers, agents, employees, contractors/subcontractors, consultants/subconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The COUNTY agrees to include the following indemnification in allcontracts with contractors/subcontractors, consultants/subconsultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor/consultant, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms 9f the agreement, when it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or cause its contractor to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COMPENSATION. The COUNTY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 5-COMPLIANCE WITH LAWS s ~/, paOi~oth~ A. The COUNIY shall allow public access to all documen r Form 525-010-41 OGC - POLICY PLANNING Page 6 of 9 material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the' COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other' than those set out in Section 337.274, Florida Statutes. Eo criteria. Recipients of state funds are to have audits done annually using the following State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. Ifa recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted . in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. Ifa recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. Reportifig Packages and management letters generated fi'om audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. Form 525-010-41 OGC - POLICY PLANNING Page 7 of 9 The recipient shall follow up and take corrective action on audit findings. Preparation of a sunrotary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package 'of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the' right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed ' in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Contract may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such terminatio.n, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an mount which is the same percent[g$ ......... ride as k~ a ,...~ ,_.,~ DEC 12 2000 Form 525-010-41 OGC - POLICY PLANNING Page 8 of 9 the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 7-MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation fi'om the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is Completed and accepted and payment made by the DEPARTMENT. H. An entity or affiliate who has been placed on the discriminatory vendor list may not nublic entitv_.--e~,~ ,~nt submit a bid on submit a bid on a contract to provide any goods or services to a Form 525-01041 OGC - POLICY PLANNING Page 9 of 9 a contract with a public emity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this ~ day of .... by the Chairman of the Board of Commissioners, authorized to emer into and execute same by Resolution Number of the Board on the ~ day of , , and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, thisday of 9 ATTEST: COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) BY: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Chairman ATTEST: (SEAL) EXECU~VE SECRETARY DOT District Construction/Maintenance Engineer Approval: BY: DISTRICT SECRETARY DISTRICT ONE DOT Legal Review: Availability of Funds Approval: (Date) ^~NDA ITEM DEC 2000 EXHIBIT A Livingston Road Phase III with project limits from Pine Ridge Road (CR-896) to Immokalee Road (CR-846). The project specifics include: a new 6-lane divided highway with a high degree of access control. Project length of approximately 4 miles. Project is one mile west of and parallel to 1-75. The southern terminus at Pine Ridge Road connects to Livingston Road Phase II (new 6-lanes programmed for construction in FY 01) which extends south to Golden Gate Parkway and connects to Livingston Road Phase I which extends further to Radio Road (CR-856) (new 6-lanes currently under construction). The northern limit of the project at Immokalee Road connects to a 2-lane segment of Livingston Road currently under construction that will eventually connect to Bonita Beach Road in Lee County. AGENDA ITEM No. ~---'~ EXECUTIVE SUMMARY AUTHORIZE TERMINATION OF ARTHUR ANDERSEN CONTRACT FOR A POSITION CLASSIFICATION STUDY. OBJECTIVE: To comprehensively review the County's current pay plan to ensure internal equity and proper classification of the various job titles. CONSIDERATIONS: The County is presently under contract with the firm of Arthur Andersen Consultants to perform a classification study within the Board of County Commissioners' agency. Subsequent to commencing this phase of the work, staff has encountered several issues regarding the scope of the services to be performed. After discussing this with the consultant's representatives, staff believes that the current project approach will not sufficiently meet the needs of the agency. Further, it is not certain at this time that the consultant is fully willing or able to modify the project approach. As of this writing, staff is discussing these issues with the consultant. Should staff not be able to reach a successsful resolution to these matters, staff would recommend to the Board that the current agreement be terminated (staff will seek to bring about termination in a mutually acceptable manner). Further, staff will be prepared to present alternative options to the Board pursuant to the consideration of this recommendation. FISCAL IMPACT: Phase II of the contract with Arthur Anderson, in the .amount of $54,500 is currently budgeted in the General Fund, Human Resources Department. GROWTH MANAGEMENT IMPACT: There is no anticipated growth management impact. RECOMMENDATION: That the Board of County Commissioners terminate contract 99-2999 with Arthur Andersen Consultants and consider and direct staff to take alternative action as presented to the Board in public' session. SUBMITTED BY: REVIEWED BY: REVIEWED BY: George P. Bradley, Human Resources Director Steve Carneif,/, CPM Purchasing/General Services Director Jo Xnne Learner, Support Services Administrator Date: /'2/5-/00 Date: IT/cv,y~/© C) Date: RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE ATTACHED RESOLUTION (00-__) WHICH ESTABLISHED A SERIES OF POSITION STATEMENTS ON KEY ISSUES EXPECTED TO BE ADDRESSED BY THE FLORIDA LEGISLATURE AND AUTHORIZE THE CHAIRMAN TO PRESENT THE RESOLUTION TO THE LEGISLATIVE DELEGATION AT THE SCHEDULED HEARING ON JANUARY 17, 2001 The back-up for this item will be provided prior to the meeting. AGENDA I;r';u No.__~ ~ DEC 1 2 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE ATTACHED RESOLUTION (00- ) WHICH ESTABLISHED A SERIES OF POSITION STATEMENTS ON KEY ISSUES EXPECTED TO BE ADDRESSED BY THE FLORIDA LEGISLATURE AND AUTHORIZE THE CHAIRMAN TO PRESENT THE RESOLUTION TO THE LEGISLATIVE DELEGATION AT THE SCHEDULED HEARING ON JANUARY 17, 2001 OBJECTIVE: To provide the area's elected representatives to the Florida Legislature with the desired position of the Board of County Commissioners on key issues expected to be addressed in the 2001 session. CONSIDERATIONS: Attached is a resolution that outlines a number of different positions that are being suggested for forwarding to the Legislative Delegation. A large number of these positions are those developed through the Flodda Association of Counties and were adopted in the Legislative meeting held in Tallahassee in November of this year. Key positions of FAC include; .k Support of legislation to reform and clarify Florida's election process, ,k Opposition to any redirection of funding that provides for current or future county transportation needs to fund the High Speed Rail initiative, -k Support of State funding for the Flodda Health Kids local match, -k Support for using any savings from the closure of the G. Pierce Wood Memodal Hospital (GPW) to fund community-based care programs, and -k Continued efforts to cladfy and find funding regarding Article V, court costs. In addition there are positions being recommended of local interest including: · State Transportation Funding, ~- Cable Franchise regulations, · Changes to the Statutory allowances for continuing education reimbursements, · a request for $102,000 in State support for the Southwest Florida Horticultural Learning Center, and · Support for Library aid and construction grant funding, It is recommended that the Board adopt the attached resolution and support in whole the positions described. Further it is recommended that the Chair be appointed to attend the January 17, 2001 Legislative Delegation hearing scheduled for these chambers at 2:00pm and present this resolution for consideration by Collier County's Legislative Delegates. FISCAL IMPACT: There are a number of key funding issues included within this package. Continued state support of the County's Library programs amounts to an estimated $350,000 annually, new funding for the Horticultural Learning Center project is requested at $102,000, Construction assistance for an addition to the Immokalee Branch Library amounts to $340,000, a change to the local option gas tax funds to an indexed system, as State Gas taxes already are, would provide significant growth in this important revenue source, and adoption of proposed bills regarding cable franchise regulation would significantly decrease revenues to the County. Further there are a number of positions taken by the FAC regarding the continuing trend, particularly in Social or Human Services issues to continue to shift responsibilities from the State to local governments which could have significant financial implications as well. GROWTH MANAGEMENT IMPACT: The growth management positions supported by FAC and included within the resolution would ask the Legislators to consider efforts to streamline the review process, promote more local flexibility, and establish processes to equitably apportion the costs of infrastructure, both capital and operational between development and the overall community. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the attached resolution and authorize the Chairman to attend and present same to the Legislative Delegation at the Delegation Hearing scheduled for January 17, 2001. Prepared by:. Thomas W. Olliff, County Manager RESOLUTION NO. 00- RESOLUTION ESTABLISHING A SERIES OF POSITION STATEMENTS ON KEY ISSUES EXPECTED TO BE ADDRESSED BY THE FLORIDA LEGISLATURE DURING THE 2001 LEGISLATIVE SESSION WHEREAS, The Flodda Legislature will meet to decide on Statewide issues, many of which will affect the residents of Collier County; and WHEREAS, each year the elected representatives to State Government which make up the Collier County Legislative Delegation graciously conduct a hearing to hear from the people of Collier County; and WHEREAS, The Collier County Commission as the elected local government representatives of the citizens of Collier County are very interested in ensuring that the decisions made by the State Government while good for the entire State of Florida consider Collier County fairly, support the important programs and initiatives of County government and assist Collier County Government in providing the highest quality of life and government service possible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Collier County Legislative Delegation is requested to support the following Library related initiatives and programs: Continued budget support for the Division of Library and Information Services (the State Library) in light of the pending reorganization of the Office of the Secretary of State; · Full funding of State Aid to Public Libraries, based on the formula of 25 cents of State match for every dollar locally invested in libraries; · Full funding for the State Aid to Libraries program; · All State Library construction grants, includinq the Collier County application for $340~000 to help build a 2,000 square foot addition to the Immokalee Branch Library; · Replacement of the integrated library automation system serving the State University System and Community Colleges; 2. The Collier County Legislative Delegation is requested to support a request for $102,000 of State funds for the Southwest Florida Horticulture Learning Center (see attached description); 3. The Collier County Legislative Delegation is requested to support: A revision to the Florida Statute regarding the Per Diem Rate. Although legislation was apparently drafted to raise the current $3/$6/$12 schedule to $6/$9/$15, it was not approved, and; A revision to Florida Statue 112.063 regarding Tuition reimbursement. It is requested that the State modify the job related provision to give the County additional discretion. it is requested that the statute be amended to incorporate coursework which is part of a pre-approved career development program for developing and retaining employees. This additional statement would enable counties to tie tuition reimbursement with Career development initiatives and provide additional incentives for employees to participate in career development opportunities. 4. The Collier County Legislative Delegation is requested to support any effort that would allow for the indexing of local option gas taxes as are State Gas Taxes. 5. The Collier County Legislative Delegation is requested to support the Florida Association of Counties 2001 Legislative Priorities Program requesting the implementation of legislation consistent with Revision 7 to the Constitution and the Intent Document promulgated by the Constitution Revision Commission. Such legislation must include the following: Clarifying counties' responsibility for funding court operations, specifically as it relates to facilities, security, communication services, existing radio systems, and existing multi-agency criminal justice information systems; and Immediate state funding of essential court elements, including but .not limited to, juror compensation, court reporting services, court interpreter/translator services, conflict counsel, witness fees, and expert witness fees; 6. The Collier County Legislative Delegation is asked to support the Florida Association of Counties 2001 Legislative Priorities Program requesting legislative initiatives to improve access to elder care and long-term care services: · Alternative care to nursing home placement and including community- based care services as part of the definition for long-term care; Strengthen county authority to define local systems of cam and increase funding flexibility by removing budget categories so that monies can be directed locally to meet community needs; and · Increase state funding for services such as Community Care for the E!dedy, Home Care for the Elderly, Medicaid Waiver, Aizheimer's Disease, Senior Centers, and the Assisted Living Waiver programs, respectively; 7. The Collier County Legislative Delegation is requested to support the Florida Association of Counties 2001 Legislative Priorities Program requesting legislation to reform and clarify Fiodda's election process that: Identifies a new revenue source for uniform election ballots and tabulation devices for national, state, and regional elections; Clarifies ballot tallying, recount procedures and timelines for certifying final election results, and clarifying procedures and standards for investigating, examining, and correcting ballots in ballot protests in national, state, and regional elections; · Requires audits for local election procedures; and · Simplifies election protests in national, state, and regional elections; 8. The Collier County Legislative Delegation is requested to support the Florida Association of Counties 2001 Legislative Priorities Program requesting legislation that improves comprehensive planning by defining the role and interests of the state, promoting local flexibility, ensuring citizen participation, and streamlining the review process. Such legislative changes should address the following: Restructuring the Department of Community Affairs' (DCA) role to reviewing certain compelling state interests that include Water Quality and Quantity; Educational Facilities (including funding and infrastructure); Transportation; Intergovernmental Coordination; Agriculture Retention/Rural Economic Management/Evacuation; Providing for some level of regional review to address the extra- jurisdictional impacts of local decisions and to promote better intergovemmental coordination; Creating a state/local policy to maintain viable agricultural operations, to retain agricultural lands, to encourage rural economic development, and to allow local government flexibility to address growth; Encouraging urban infill and revitalization efforts that preserve local government authority and provide new options in directing urban infill and revitalization efforts, including additional revenue sources/options and incentives for redevelopment; Providing for some level of regional review to address the extra- jurisdictional impacts of local decisions and to promote better intergovernmental coordination; Creating a stats/local policy to maintain viable agricultural operations, to retain agricultural lands, to encourage rural economic development, and to allow local government flexibility to address growth; Encouraging urban infill and revitalization efforts that presen/e local government authority and provide new options in directing urban infill and revitailzation efforts, including additional revenue sources/options and incentives for redevelopment; Establishing a process to equitably apportion the costs of infrastructure, both capital and operational, between development and the overall community; Encouraging greater and eadier citizen involvement in the comprehensive planning process; Providing greater technical as~istanca and funding for local planning efforts; This Resolution adopted this day of after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: ~avid C. Weigh, Cou~ Attorney FAC Reeolul~ Requesting the Collier Legislative Delegation's support for: A BILL TO BE ENTITLED AN ACT AMENDING CHAPTER 67-1246, AS AMENDED BY CHAPTER 69-964, LAWS OF FLORIDA, A SPECIAL ACT FOR COLLIER COUNTY, FLORIDA, AMENDING THE SCOPE OF THE ACT TO AUTHORIZE A COUNTY HEARING EXAMINER PROGRAM; AMENDING DEFINITIONS; AMENDING THE FUNCTIONS, POWERS, AND DUTIES OF THE PLANNING COMMISSIONS; AMENDING PROCEDURES FOR ESTABLISHING DISTRICT BOUNDARIF~S, ADOPTION OF REGULATIONS; AMENDING PROVISIONS SUPPLEMENTING AND AMENDING THE ZONING ORDINANCE; AMENDING BOARD OF ZONING APPEALS, POWERS AND DUTIES; AMENDING EXERCISE OF POWERS; AMENDING APPEAL FROM DECISION OF ADMINISTRATIVE OFFICIAL; AND ADDING THE PROCEDURE FOR ESTABLISHING A COUNTY HEARING EXAMINER PROGRAM. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 C~ 2001- Bill No. A BILL TO BE ENTITLED AN ACT AMENDING CHAPTER 67-1246, AS AMENDED BY CHAPTER 69-964, LAWS OF FLORIDA, A SPECIAL ACT FOR COLLIER COUNTY, FLORIDA, AMENDING TI-IE SCOPE OF Tl:ll*~ ACT TO AUTHORIZE A COUNTY HEARING EXAMINER PROGRAM; AMENDING DEFINITIONS; AMENDING THE FUNCTIONS, POWERS, AND DUTIES OF THE PLANNING COMMISSIONS; AMENDING PROCEDURES FOR ESTABLISHING DISTRICT BOUNDARII~S, ADOPTION OF REGULATIONS; AMENDING PROVISIONS SUPPLEMENTING AND AMENDING THE ZONING ORDINANCE; AMENDING BOARD OF ZONING APPEALS, POWERS AND DUTIES; AMENDING EXERCISE OF POWERS; AMENDING APPEAL FROM DECISION OF ADMINISTRATIVE OFFICIAL; AND ADDING THE PROCEDURE FOR ESTABLISHING A COUNTY HEARING EXAMINER PROGRAM. Be It Enacted by the Legislature of the State of Florida: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 Section 1. The title to Chapter 67-1246, as amended, Laws of Florida (the Special Act), is amended to read as follows: A SPECIAL ACT FOR COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY AND MUNICIPALITIES THEREIN TO PLAN, ZONE, REGULATE SUBDMSIONS; TO ESTABLISH AND MAINTAIN BOARDS, HEARING EXAMINERS, AND COMMISSIONS FOR THE CARRYING OUT OF THE PURPOSES OF THIS ACT; DEFINING CERTAIN WORDS AND PHRASES; LIMITING THE AREAS AND JURISDICTIONS WHICH MAY QUALIFY UNDER THE PROVISIONS OF THIS ACT; EST.s~P.OL!S~-~N.C AMENDING THE SCOPE AND PURPOSE OF PLANNING COMMISSIONS; REGULATING THE TERMS OF OFFICE AND PROVIDING RIFLES FOR PROCEDURE AND PROVIDING FOR FEES AND OTHER INCOME; ~ AMENDING THE FUNCTIONS, POWERS AND DUTIES OF PLANNING COMMISSIONS; PROVIDING FOR THE PREPARATION, RECOMMENDATION AND APPROVAL OF A COMPREHENSIVE PLAN AND ADOPTION BY THE GOVERNING BODY; PROVIDING THE MANNER FOR REVIEW AND AMENDMENTS OF THE COMPREHENSIVE PLAN; PROVIDING ZONING PURPOSES AND DISTRICTS AND SETTING FORTH WHAT MAY BE REGULATED; PROVIDING PROCEDURE FOR ESTABLIS~G DISTRICT BOUNDARIES AND THE ADOPTION OF REGULATIONS THERETO; PROVr~iNC .s~ AMENDING THE MANNER FOR SUPPLEMENTING AND AMENDING TI-IE~ ZONING ORDINANCE; PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR CONTINUITY IN ZONING; PROVIDING A BOARD OF ZONING APPEALS, T~ TERM OF OFFICE, TFIF~ MANNER OF REMOVAL FROM OFFICE, TItF~ FILLING OF VACANCY; PROVIDING FOR OFFICERS AND RULES OF PROCEDURE, AND EMPLOYEES OF THE BOARD OF ZONING 2 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 APPEALS AND PROVIDING FOR APPROPRIATIONS, FEF~S AND OTHER INCOME; PR4~fI~ING AMENDING THE POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS AND MANNER OF EXERCISING SAID POWERS; ~ AMENDING THE PROVISIONS FOR APPEALS FROM DECISIONS OF ADMINISTRATIVE OFFICIALS; AND ADDING THE PROCEDURE FOR ESTABLISHING A COUNTY HEARING EXAMINER PROGRAM~ STAYING WORK ON PREMISES; PROVIDING FOR A COURT REVIEW OF BOARD OF APPEALS DECISIONS; PROVIDING FOR ENFORCEMENT OF THE ZONING ORDINANCE OR OTHER REGULATIONS ADOPTED UNDER THIS ACT; PROVIDING A STATE- MENT OF INTENT REGARDING SUBDIVISION REGULATION; PROVIDING FOR SUBDIVISION REGULATION; PROVIDING FOR APPROVAL OF PLATS; PROVIDING THAT OTHER AGENCIES OF THE GOVERNING BODY MAY PARTICIPATE IN PROCEDURE' PRIOR TO FILING OF PLAT; PROVIDING FOR ENFORCEMENT OF ORDINANCE OR REGULATIONS PASSED UNDER THIS ACT AND LEGAL PROCEEDINGS HEREUNDER; PROVIDING FOR THE CONTINUATION OF EXISTING PLANS, ORDINANCES, REGULATIONS, COMMISSIONS AND BOARDS; PROVIDING FOR THE REPEAL OF PREVIOUS LEGISLATION; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Section 2. The Scope of the Special Act, is amended to read as follows: Scope of act. All municipalities lying within the county of Collier, state of Florida, and the county of Collier, of the state of Florida, may plan, may zone, may regulate subdivisions and may establish and maintain the boards, hearing examiners, and commissions described herein for carrying out the purposes of this act. The powers delegated by this act may be employed by 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 municipalities or the county individually, or, by mutual agreement, in such combinations as common interest dictate. Section 3. Special Act, Section 3, Definitions, is amended to read as follows: Section 3. Definitions. As used in this act, the following words or phrases have the meaning indicated below: Area: The complete area qualifying under the provisions of this act, whether this be all of the lands lying within the limits of a municipality, lands in and adjacent to municipalities, all unincorporated lands within Collier county, the portions of such unincorporated areas as may qualify under the provisions of this act, or areas comprising combinations of the lands in municipalities and Collier county. Due public notice: As used in the phrase "public hearing or hearings with due public notice" involves the following requirements: Unless. otherwise expressly provided for by Florida Statutes, s. 125.66, as amended, or s. 166.041, as amended, as may be applicable, due public notice requires that A at least fifteen (15) days notice of the time and place of such hearings shall be published one (1) time in a newspaper of general circulation in the area. The notice shall state the time and place of the hearing, the nature of the matter to be discussed and that written comments filed with an appropriate designated official will be heard. Governing body: The municipal commission or council, county commission, or any other 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 chief local governing unit, however designated, for the political jurisdiction affected. Nonconformity: A lot, structure, or use of land, or any combination thereof, which is not in compliance with a zoning ordinance, but which was lawfully created or begun prior to adoption of the zoning ordinance provisions with which it does not comply. Ordinance: When used in relation to Collier county or the board of county commissioners shall mean a resolution of the board of county commissioners, or shall mean such other appropriate official action as is customarily taken by the governing body involved, regardless of how such official action is regularly called. Plat: Includes map, plan or replat, and is a pictorial representation of a subdivision. Subdivision: The division of a parcel of land into two (2) or more lots or parcels of land, for the purpose, whether immediate or future, of transfer of ownership, a map or plat of which is recorded in the public records of the county, and intended for use as residential, multi-family, commercial or industrial properties. The term includes a resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Street: The primary means of access, whether public or private, to a lot or parcel of land. Special exception: As. used in connection with the provisions of this act dealing with zoning, a special exception is a use that would not be appropriate generally or without restfiction 5 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 throughout the particular zoning district or classification but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public safety, health, comfort, good order, appearance, convenience, prosperity, morals and the general welfare. Such uses may be permitted in such zoning district or classification as special exceptions, if specific provision for such special exceptions is made in the zoning ordinance. The singular usage includes the plural and the plural the singular. Section 4. Special Act, Section 6, Planning commissions, is amended to read as follows: Section 6. Functions, powers, and duties of the planning commissions. The functions, powers, and duties of planning commission shall be, in general: (a) To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such basic information and materials may include maps and photographs of man made or natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the area and its various parts. (b) To prepare, and from time to time recommend amendment and revisions to, a comprehensive and coordinated general plan for meeting present requirements and such future 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 requirements as may be foreseen. (c) To prepare and recommend principles and policies for guiding the development of the (d) To prepare and recommend ordinances designed to promote orderly development along the lines indicated by official principles and policies and the comprehensive plan. (f) To keep the governing body and the general public informed and advised on matters relating to planning. -(-g3-(_.D To conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the various components of the comprehensive plan, and such additional public hearings as are specified under the provisions of this act or may be required by ordinance. (~,/g) In addition, a planning commission may make, cause to be made, or obtain special studies on the location, condition and adequacy of specific facilities of the area. These may include, but are not limited to, studies on housing, commercial and industrial facilities, parks, playgrounds, beaches and other recreational facilities, schools, public buildings, public and 7 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 private utilities, traffic, transportation and parking. qO(h) To perform any other duties which may be lawfully assigned to it. Section 5. Special Act, Section 11, Supplementing and amending the zoning ordinance, is amended to read as follows: Section 11. Supplementing and amending the zoning ordinance. The governing body may from time to time amend or supplement the regulations and districts fixed by any zoning ordinance adopted pursuant to this act. Proposed changes may be suggested by the governing body, by the planning commission, the hearing examiner, or by petition of the owners of fifty per cent (50%) or more of the area involved in the proposed change. In the latter case, the petitioner or petitioners may be required to assume the cost of public notice and other costs incidental to the hearings. The planning commission, regardless of the.source of the proposal for change, shall hold a public hearing or hearings thereon, with due public notice, and submit its recommendation on the proposed change to the governing body, except that the county planning commission may only render recommendations for those proposed changes which pertain to the county and which would change the actual list of permitted, conditional, or prohibited uses within a zoning category, or otherwise would alter or amend provisions of the county's codified land development regulations. The governing body may will hold a public hearing or hearings thereon and shall act on the recommendation. No change in the zoning ordinance shall become effective 8 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 except by an affirmative vote of four fifths (4/5's) of the full membership of the governing body. Section 6. Special Act, Section 14, Board of zoning appeals; powers and duties, is amended to read as follows: Section 14. Board of zoning appeals; powers and duties; boards of zoning appeals c,n or the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties. (a) To hear and decide administrative appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act. Co) 9 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 No vafiimee administrative appeal shall be n,,'.:*~cdzcd considered by a board of zoning appeals or the governing body acting as a board of zoning appeals except after public hearing with due public notice. Section 7. Special Act, Section 15, Exercise of powers, is amended to read as follows: lO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 15. Exercise of powers. In exemising its powers, boards of zoning appeals or the governing body may, in conformity with the provisions of this act and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the administrative order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act, and appealed from, and may make such administrative order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the administrative .appeal is taken. Section 8. Special Act, Section 16, Appeal from decision of administrative official, is amended to read as follows: Section 16. Appeal from decision of administrative official. Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within thirty (30) days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. Due public notice of the hearing on the administrative .appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within thirty (30) days of the hearing; otherwise, the action appealed from 11 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 shall be deemed affirmed. Section 9. A new Special Act, Section 31, is hereby added, as follows: Section 31. The method and procedures for implementing a county hearing examiner program will be as set forth by County Ordinance. Section 10. Savings clause. If any section, sentence, clause, phrase, or word of this act is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this act, and it shall be construed to have been the legislative intent to pass this act without such unconstitutional, invalid or inoperative part therein; and the remainder of this act, after the exclusion of such part of parts, shall be deemed and held to be valid as if such parts had not been included therein. Section 11. law. Effective date. This act shall take effect immediately upon its becoming a 12 EXECUTIVE SUMMARY REPORT ON STATUS OF AND SETTLEMENT NEGOTIATIONS IN COLLIER COUNTY V. MARSHALL, ET. AL., CASE NO. 99-2009-CA-TB, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION) AND REQUEST FOR BOARD DIRECTION. OBJECTIVE: To report on the status of and settlement negotiations in Collier County v. ,'~4arsh, et. al., Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. CONSIDERA'i'IONS: In 1997, the Board directed staff to, in essence, establish an easement of record over Miller Boulevard Extension, a dirt/gravel road running between U.S. 41 and Miller Boulevard in Southern Golden Gate Estates. (See attachment 1 - minutes from 7/29/'97 and 9/23/97 Board meetings.) The purpose of the Board's direction was to ensure that County and emergency vehicles might use Miller Boulevard Extension and to allow the County to seek necessary permits to.fill one or more very large potholes that made travel on Miller Boulevard Extension extremely difficult or unsafe during the rainy season. After making efforts to acquire easement rights by donation, the County filed an action on June 18, 1999 seeking to establish by judicial declaration a prescriptive easement over Miller Boulevard Extension The action was filed with respect to 18 parcels that are traversed by Miller Boulevard Extension. As a result of filing that action, the County has acquired stipulated easement rights for 2 of the parcels and it has also obtained defaults against owners of 5 more c~f the parcels. The State of Florida owns 7 of the remaining parcels, while Florida Wildlife Federation owns 1 parcel and 3 other parcels are still in the hands of individual owners. Of the parcels remaining in the hands of individual owners, 2 of those owners have reportedly entered into a contract to sell their property to the State but the sale has been delayed due to the pending action filed by the County. It has also been reported that the remaining individual owner has sold his parcel to the Miccosukee Indian tribe although that information has not been confirmed. During the course of discovery in the case, the County has learned that, as part of its Save the Everglades project, the State is Continuing forward with its plans to purchase all of the parcels traversed by Miller Boulevard Extension and to remove 130 miles of paved road in Southern Golden Gate Estates, including virtually all roads south of 66'h Avenue S.E. Among the roads designated for removal is the portion of Miller Boulevard lying south of 66'~ Avenue S.E. (Please see the attachments 2, 3 and 4 to this Executive Summary, which outline the status of the States acquisition program as of July 11, 2000 and also .~et fc~t~A hydrologic restoration.plan of Southern Golden Gate Estates as currently proF ~sec~11~ tl,~"~ South Florida Water Management District and the Army Corps of En'gineers or ce the State has completed its acquisition program.) At this juncture, the State has acqu red or is in' contract to acquire 15,4'11 of t'ae 19,998 parcels.in the project area, including ~arcels over which Miller Boulevard Extension runs: .(See attachment 5 to this I=xecuti' , 'g~,,-~,-,._ . which is a map showing ownerships in t-he Save Our Everglades project ar( ' a~-~t~i!-~,:~_ 2O0C As attachment :! indicatesl the State is Currently in a phase of maki g al~Jit'~"~i -.t i. I'~OV i~ offers to the approximately 4,000 parcel owners that have either not responded or refused the State's initial offer for acquisition. The County Attorney has been advised by counsel for the Department of Environmental Protection that in January 2001 the State will seek eminent domain authority to acquire all remaining parcels. Because the State's Save Our Everglades project is moving forward far more rapidly than previously, it now appears that Miller Boulevard Extension will at some point in the next five years not be a viable road for any purpose. This is so because most of the roads to which Miller Boulevard Extension provides a connection will be removed and will be flooded as a result of the proposed hydrologic restoration plan. (See attachments 3 and 4 to this Executive Summary.) Pursuant to court order,.a mediation of the pending court case was held on September 28, 2000. Although no recommended resolution was reached, settlement discussions among the most interested parties in the prescriptive easement litigation, i.e., Florida Wildlife Federation, the County, and the State, have continued. At this time, a possible settlement ~voutd likely need to include or address the following elements among others: ¸. Waiver of the County's prescriptive easement rights in Miller Boulevard Extension. Entry into a Temporary Use Agreement with the State and Florida Wildlife Federation. The Temporary Use Agreement would need to allow County vehicles and emergency vehicles use of Miller Boulevard Extension until the earlier of either January 1, 2006 or the beginning of the physical removal of significant portions of Miller Boulevard in Southern Golden Gate Estates as part of the " hydrologic restoration plan proposed by South Florida Water Management District and the Army Corps of Engineers. It is the County's understanding that once the State has acquired all the properties in question, it will transfer the management of these properties to the South Florida Water Management District. The State believes the physical removal of Miller Boulevard as a paved road is likely to occur well before 2006. The County would be permitted to seek any necessary permits to fill significant or dangerous potholes along Miller Boulevard Extension but would not be allowed to raise :~e overall elevation of Miller Boulevard Extension or install any culverts or do any additional grading along Miller Boulevard Extension. Interested persons would retain the ability to object to any such requested permits, although additional negotiation on this issue is anticipated. As the State acquires new properties, the County would immediately assign any rights it has acquired either'by way of default or stipulation or otherwise to the State. The Count3" would dismiss its prescriptive-easement lawsuit. Nevertheless, this issue. remain:; up in the air to the extent that at'teast one of the private owners is t~ot in contract with the. State property. to the Miccosukee Indian tribe. 10. The County would remain subject to all permitting requirements to perform any filling of potholes along Miller Boulevard Extension. The Temporary use Agreement would be subject to approval by the Big Cypress Basin Board and U.S. Fish and Wildlife Service in addition to the signatory parties. If and to the extent allowed by law, the County would hold other signatories to the Temporary Use Agreement harmless for any liability arising from any work performed by the County on potholes. The County also would bear the cost of removing any such work to the extent required by the State or the South Florida Water Management District. Given the limitations on the work that co~ld be performed, any such costs would likely be relatively minor. GROWTH MANAGEMENT: If the County enters into a settlement agreement along the lines outlined above, eventually it will loss all access or claim to Miller Boulevard Extension. Thus, the road would not be available for the County's use. At this time, the County prescriptive easement rights over Miller Boulevard Extension have not been iudicially declared by a court. Even if those rights were declared to exist by a court, however, that will not stop the State's acquisition program or the hydrologic restoration. At most, the County would gain some unknown amount of monetary compensation for an easement that will necessarily be eradicated as part of the State~s acquisition program. Accordingly, under any scenario, it appears the County will ultimately lose access to Miller Boulevard Extension. FISCAL IMPACT: Should the County proceed with the litigation, there will be a substantial expenditure of County Attorney and staff time in prosecuting the County's claim. Further, expert witnesses will need to be retained if Florida Wildlife Federation is successful in convincing the court that this case involves issues of violations of the Federal Clean Water Act and the Federal Endangered Species Act. If these issues remain in the case, it is estimated that the case from this point could easily cost $20,000 or more to prosecute to conclusion in the circuit court. Even if the County is successful, it is almost a certainty that both the State and Florida Wildlife ~woutd appeal. RECOMMENDATION: That the Board provide the Office of the County, Attorney direction in light of this report on the status of the prescriptive easemen.t litigation and related settlement negotiations as to whether to continue to pursue a settlement proposal to bring back for Board consideration or'to continue to prosecute the prescriptive easement case. Michael W. Pettit, Assist:ant County Attorney Reviewed and ' Approved b.y: Date: //~ ~-~-d,~Z~) County Attorney. h:Debbie Armstrong~xecutive SummariesV,,4,arshall 110600 3 ATTACHMENT I 'AGEND T Pg.-- M/nutes 09/23/1997 R Page t of 2 ~~E~ NORRIS: Yea, i~ ~2], T .: .../browser.hrml?doc=5109&~: NOV C---0,0&wrav=i 1/06/2000 Minutes 09/23/1997 R Page 1 of 2 ~ ~CK: -- o~ gett~n~ ~, ~OLLER: N~ ~lr. M~. ST'JD~T: ?~r the ~cor~, ~rJ~rle abou~ the i~t, which Is ml~ly ~ ~ke ~be road pawma~e for ~lSS2~ER BKR~: ~. C~ml~n~, :~ like ~o M~ m ~to~ ~o the aug~emt~ ~de ~ the atto~, ~ ~ htve any m~ker~ on ~h~e, ~23~ B~: ~ you wan~ ~, PX~: ND, ~1 I ~mnC Co ~'~ dula~ ~ ri~t thing. .._/browser.html ?doc=5109&type=image&page= 12&scale=fit&size=61 O, 1220&c=O,O&wrap= 11/06/2000 .Minutes 09/23/1997 R Page 1 of 2 until th~rm ~ a ~al~ o~r ~f people li~nq ~ ~at p~err no ~l, ~o ser~, ~l~ is u~L~ly ~fmi~. ~po~? .... /browser.html?doc=5109&rvpe=ima~e&l~a~c= 13&scale=fit&size=610. ~)612000 July 29, 1997 EASEMenT ~TGHTS FOR COLLIER ~ AND ~ PUR~.IC TO A S~GME~T OF CHAI~ HANCOCK: Next was an item moved from the consent agenda, item 16(B) (2). This is a request regarding the Miller Boulevard Extension and, again, for those members of the public wishing to speak on this item, the board has had a lengthy discussion on this a~d what we'd like to entertain at this point with the exception of Mr. Muller's statements, is any new information that can be provided that would be pertinent. Mr. Muller, good morning. MR. MULLER: Good morning. Good morning, Commissioners. For the record, my name is Russ Muller and I'm an engineer withyour transportation services department. Item -- agenda item 8(B) (2), formerly 16(B) (2), is regarding Miller Boulevard Extension. A mile and a quarter unpaved road cor~.ecting southern Golden Gate Estates with US 41. There are many issues connected with this roadway, but the item before you today seeks approval to go to court and determine if the :raveling public has any rights to the road, and at the same time, ~irect staff to attempt to acquire easements through gift. That's it. COMMISSIONER CONSTANTINE: Has anything materially changed since we last discussed this? MR. MULLER: No. COMMISSIONER CONSTANTINE: Thank you. CHAIRMAN HANCOCK: Okay. Are there any questions of Mr. Muller? There has been some corres/Dondence in my office that refers to the paving of Miller Boulevard Extension. What we're talking about here, as I understand it, is the minimum grading necessary to make the road passable. Is that -- MR. MULLER: That's what we'd have to go for first. C~I~AN HANCOCK: Okay. MR. ML~LER: To see if we have rights in there to go in there and work and then go in there to make it passable and then eventually, I think your direction from last September was to pave it, that may be a permitting impossibility. CHA/RMAN HANCOCK: Right. Understanding that there may be n_ we may hit some hurdles then. I think the minimum benefit we wanted was, and it came from a public safe~- standpoint, was to be able to get emergency equipment in there because we know there's service calls in there and we've had trucks stalled out in water. COF~MiSSiON-ER CONSTANTINE: -I suspect you-all got the same letter I did, and that's from ~ne emergency personnel who said it can be a difference of between-8 or-10 minutes and 30 minutes in response ~_~So, 'clearly, there is a need for this. CHAIRMAN HANCOCK: Okay. Let's go ahead a~d go to P11i "~ AGeNDAITEM No . ge 8 N3¥ 2000 _ July 29, 1997 sueakers on this, Mr. Fe-~-nandez. ..~:..MRi FEP_NANDEZ: Mr. Chai,~an, the first speak~i~!;~elieve had to !e~Ve~cause of jury duty, Nancy Payton, but she~'~asked'~'that her ~ comments on the back of the form be included in the record. C~%!RMAN HANCOCK: Okay. MR. FERNANDEZ: The next is Clifford Fort. MR. FORT: I'll waive my speaking. Thank you, Commissioners. MR. FERNANDEZ: The next is Rebecca Jetton. CHAIRMAN HANCOCK: And following Ms. Jetton will be? MR. F~RNANDEZ: Nettie Phillips. CEA!RMAN FANCOCK: Ms. Jetton. MS. JETTON: Thank you. I'm here representing the Department of Co__rmm~nity Affairs, the Big Cy!Dress Critical Area Program. My supervisor, Mike McDal~iel, from the Critical Area Program has written to you expressinglthe Department of Community Affairs' strong conce_~n regarding improvement to Miller Boulevard. Several years ago, Governor Chiles wrote to you stating his concern that improvements to Miller Boulevard would lead to increased traffic resulting in higher panther mortality rates and also may continue to make acquisition of southern Golden Gates more difficult. The U.S. A~a~ Corps of ~gineers have written to you in the past regarding the need for permits to fill the wetlands. U.S. Fish and Wildlife have expressed their concern for protection of pant_her - habitat. Federal and state funding as of this year will provide 50 million to complete the acquisition of southern Golden Gate Estates. It's anticipated that a proposed settlement agreement regarding the private lawsuit for inverse condemnation against the state will go to the gove_~-ment ~nd cabinet next month and that will result in new appraisals and should also result in acquisition of the balance of the land in Southern Golden Gate Estates. All these actions will facilitate the restoration of Fakaunion Canal and when that occurs the ground water level should come hck and you should have a decrease in wildfires that you're having there. The department is certainly sensitive to your concern about providing public safety to t~e individuals who live there. From revLewLng files over the last 10 years prepared by your staff and from looking at maps that Division of Forestry h~s prepared, it appears to me that most of these houses are located above 52nd Street. I would request that the board appoint a work group of all the stakeholders to evaluate other access options and come back to the board in the next 30 days with their recommendation. Thank you. CHA~.RMAN PLANCOCK: Thank you. Do you have any questions? Tb~k you. MR. FERNANDEZ: Next is Nettie ?hillips and then Mike S4monik. MS. PHILLIPS: Good morning. My ~ame is Nettie Phillips, for T_he record. I'm supportive of Miller Boulevard Ext~ion being further exp~ded, paved, whatever h~s to be done, so that the users of southern Golden Gate Estates can have the. use of their proper~y or'the use of t~t road, a more conven_i~nt use of evacuation for health reasons, kor !i ~e reasons, fc~r' t~e c=~~ iss$oner ... July 29, 1997 '~ncock, i believe it was last Tuesday, I happened to catch some of ,he commission meeting .a~d~I couldn't help but notice that you were addressing Twin Eagles when you told those people -- well, you tcid~ some people that had some opposition to Twin Eagles project that you couldn't have the people lose the use of their property and therefore being deprived of the use of their private property rights. Well, I feel that the people in south Golde_u Gate Estates have the same rights, and for 12 plus years, they have been deprived of those rights. They should be able to use Miller Boulevard Extension and they should have the use of their land, as well. I mean, I'm opposed to what the government has done to them over there. It looks like they're still gonna be in limbo up to the year 2000, possibly longer. I call that the loss of use of your property and the loss of your private property rights, constitutional private property rights. C.EAIRMAN F~ANCOCK: I think you're preaching to the choir on that one. MS. PHILLIPS: Well, okay. The state of -- the county ccnunissioners and the State of Florida do not have to implement federal requlations. They ca~u fight this and I'm really appalled that the communities are not more up on what's going on in our country and our rights and that our state and county goverranents do have the right to protect the citizenry and we do not have to implement federal ru~e$ ~-~nd regulations in the state, in the county. That's really for ashington, D.C. and it's really for interstate commerce and they do ot really have the right to come down and ~mplement these rules on us, especially federal mandates that are unfounded. So, I mean, I'm really upset with our communities, that they don't support our government better, so that our government would support the people to our constitutional property rights and not a legislative democracy. MR. FE~/qAI~D~Z: Next is Michael Simonik a~d Clifford Fort has asked to be reconsidered to speak again. MR. SZMONIK: Good morning Mr. Chairman a~d commissioners. My name is Michael Simonik. I'm the environmental policy manager for the Consez-vancy of Southwest Florida. We nearly have 6,000 right now. We are urowin~ by leaps and bounds. I think it's a bull market at the Conservancy in our membership. We have 600 volunteers and 32 member boseds a~d I'm here representing them I think there is new information that has been brought to light in the last few months over this issue and some of it was spokenof by Mr. Jetton about the new 50 million dollars that is being put tow-~rds the acquisition of the estates and facilitating that process a~d speeding it I think the agreement of the'lawsuit is very close at hand and .that will also facilitate the rest of the purchase of the preDerty a~d there's a~ issue -- it's an issue of timing with Miller Boulevard. We're not gorn~a stand up here as the Consez-~ancy and say that. we oppose Miller Boulevard on the grounds that it's running through --~vironme~. takly. sens. itive areas, because maybe in the future that's. ~e best p~ace to have public access r~$~j~A~ ~f P No. i ~ND~ July 29, 1997 Forest. · The issue is timing. It is now not .the time to put Hi!let Boulevard Extension in. This will not he~p facilitate the c~m~letion of the acquisition of southern Golden Gate Estates. So we are not objecting -- we might not object to Miller Boulevard Extension being put in once we have the completion of the acquisition. Another thing and, I guess -- well, I heard of th~s -- I haven't heard mention today of the alternate -- alternative road, which is the Collier Seminole State Park Road, that has lfm~ted access and it's gated ~d that might be used for fire and safety, too. So I haven't heard from staff on why that would cost more or why that's not a good alte_~-native. I don't know. Maybe I can have that question answered, and then another thought is a twist on the issue, or maybe it's just a twisted thought. The Department of Forestry has been curiously silent in the Miller Boulevard Extension. As far as I know, the division is neutral on it ~nd I don't think they're here today, but i think that they'll w~nt a road there in the future, they just don't want one now. So, I thi.~-k that's a new issue too, is that they're being silent on this. I guess with Miller Boulevard, one thing else about it is the cost of the road and the litigation ~nd hdw long is it gonna take throughout all this litigation to get the road and are we gonna have the purchase done by then. So with the Division of Forestry -- another issue with Division of Forestry is, if they want the road when every~hing's purchased and maybe that will be in three years, about the same tJ-me the litigation ends, why is the county going to Day for their road? I guess that's my twist on it. You're gonna put up the money now to build a road that they may want in three years when the acquisition of their state forest is done. So that's all I have on that. Thank you. COMMISSIONER MAC'KIE: I have a question for you, Michael. You said that the -- that we can delay the ilmprovements to r2n~ road because of the acquisition project. My question is, is it the Conservancy's position that '.improving the road might delay the acquisition process? ~. S~fONIK: At this time, yes. That's our position at tfme, is that it won't held facilitate -- it certainly won't help facilitate acquisition in a speedier manner. COMMISSIONER MAC'KIE: Okay. I agreed that it won't do anything to helD, but how might it do something to hinder? MR. SiMONiK: It wiZi bring public acgess into the area. More people may want to move into there and make it more marketable. A VOICe: WhiCh mea~s values go up. MR. SIMON/K: but no one is losing rights right ~ow by not having Y~iler Boulevard paved. It's not been paved.. A VOICE: Not.yet. C~AIRMAN PANCOCK: .Folks,. folks, folks,. folks, there will be no' comments from the audience. If you;d like to speak a£: an at the podium, you can register as a stDea' =~- ~-~ vm~:'d you. .Any-further .questions? No .. Page II July 29, 1997 COMMiSSiONER MAC'KIE: Well, I just would like for staff to answer the question too about Collier Seminole as -- that gazed access there as an alternative. I'm not familiar enough wizh the ruads out there to know if that's a reasonable alternative. MR. BOBANICK: For the record, Dave Bobanick, Inter4m Transportation Director. Commissioners, we did make a visual inspection of the State Park Road. Part of my staff went out and took a look at it. Concluded that it did lie relatively 'low. It needed improvements that we felt were in excess of the -- of a hundred thousand dollars. Well in excess of the $75,000 that we estimate it would take just to fill the holes on the Miller Boulevard Extension. So we did make an inspection of it and felt it would cost Si~T. ificant!y more just to bring the road up to make conditions where it was passable for emergency vehicles. ~IR. SIMONiK: Can I ask one more question? CF-AZRMAN EArNCOCK: Quickly. 5fR. SIMONIK: Is there any litigation involved with using the Collier S~ino!e State Park? We have to go through that. CF_AIRMAN HANCOCK: I don't understand the -- COMMiSSION~ER MAC'KIE: At a cost. COMMiSSION~ER NORRIS: Is it a public road easement, is what he's saying. MR. BORANICK: We've not identified -- it's a road over public- ~-~_nds. It's not a public road -- CHAIRMAN HANCOCK: Okay. MR. BOBANICK: -- as far as we know. C.~_A!RMAN FANCOCK: Thank you. No, ma'am. No, ma'am. Excuse me. Oh, I'm sorry. Okay. We have so many people that charge the microphone after certain speakers, MR. FERALANDEZ: Clifford Fort and then A1 Perkins. MR. FORT: I'm sorry. I wasn't going to ~peak until I heard Ms. Jetton speak with the DCA. My name is Clifford Fort. I'm president of the southern Golden Gate Utilities Association and Director of Rroken Wing Ranches located in sections I and 12, township 50 south, range 28 east. It appears to me fram the comments th~az are being made here, it is flagrantly overt the politics that are becoming involved here and you, as commissioners, have been dealing with that for a long time, trying to give us a fair shake out there. Unfortunately, you're kind of put in a tough position because you have all this pressure, but, you know, the heal~th, safety and welfare of the citizens and the residents of southern Golden Gate is a priorizy. You k~now, remember when those stolD sign~ went out there and everybody said t_hey,re going to be shot down? Well, you. know, several people turned u~ dead and the other day, despite Ms. Jetton's comment regarding anyboc%t .living south of 52nd, that is absolutely fallacious. I would invite Ms.~ Jetton to come out tc~.my ranch. We've got a ,-beautiful home built out there~ I've sold five, five acre tracts, and y"the way', we're' gonna have 'about three permits for three 3,000 quare foot homes cc~ning out there AGEN~ I.~M July 29, 1997 The utilities have been confirmed, and it's real simple, you know, nobody wants us to be able to, get in and out of there, and you-all are gonna be the first ones to bite the bullet when somebody doesn't get rescued in there and there's times when those roads -- when those rebec!es are out there, the o~ly way to come in there is Miller. Well, I wish you-all would go out there and take a look at Miller and see if you were in trouble and you had to get out there. We're stuck. One way in and one way out. They open up that access, they're aware of the utilities and t_his is a flagrant effort by the state and [my ~_he environmental groups to drive those values down and it's presumed here this is a done deal, because there's 50 million dollars. Well, I'll be glad to- Give you newspaper articles where they've been call -- people have been calling going, 'Wow, you've got 50 million dollars. I'm ready to sell." Sight unseen they're being offered a thousand dollars a~ acre and told their land might be appraised lower, if it's appraised. Now, nobody in their right mind would think that that's a square deal, and nobody would think that we're getting a fair shake out there. So I really hope this thing's being sorted out 'cause you-all have heard the same tune. I've heard it for !0 years. For 10 years we've been trying to get an off of Miller, and then they'll have us rotting out there for another 10 years because there's- not been one co~=~Litment to conmLend that -- to condemn that area. We have a right to ingress and egress, and we have a right to our safety and i hope that you will remain firm on this. Thank you so much. MR. FERNA/VDEZ: A! Perkins a~d then Mary Dunavan CP_AJRMAN FD~COCK: I appreciate that Mr. Fort. I should have asked you haif~=y through, that, you know, again, we -- some things that we've already heard, let's try to curtail t_hose things. MR. PERKINS: Good morning, Cuu~ssioners, ladies ~ud gentlemen and people at home. You've heard it all before. I'm only going to skim across the top, try to refresh your memory on some of this stuff. I don't know whether I said ~ name or not. A~ Per ~kins, Belle Meade Groups. i've been pushing on this because of the fact that we've had fatalities out there due to the negligence of the State of Florida and the PEP, t_he Department of Internal Plunder. The Conservancy sits up here this.morning and tells us all about how wonderful they. are. They instigated some of the lands being put on the CARL list, which they in turn are being funded through Natures Cons~_rvancy, which goes through the Big Cypress Basin Board. The end uD withm0ney. They're getting~ paid.'. Tgaey a.re subcontractors. They'pick up 14.5 iz~administra~ive costs. 'The Natures Conservancy pick~. up an additional three perce~t profit margin. These Deopte are ~%id lobbyists.. I'd li~e know if they're registered paid Iobbyists. They're here getting pai~. I'm not getting paid. I'm.here.on b~ba]f of a b_unch of work~Dg people who can't get away 'from their jobs because they're trying to make ends meet ; ' YOU talk about 'the fire out.there, I heard'that this - .. -. ' .- - - P~ e 13 July 29, 1997 eah, right. Division of Forestry took 'em -- almost burnt clear to Sabal Pan-m Road because they took ~nd started a controlled burn that got away from them. Fire trucks were coming from North Naples axld ell the way up in Estero, down 75, had no place to go except back up and around and they couldn't get through. We're talking about an hour's worth of time lost. That in distance in a fire, in a heated fire 45 feet high, you just lost a lot of animals, a lot of property, a lot of f~nces ~nd God knows what else. The time, the labor, the amount of money that was spent to try to control that thing and put it out, you people paid for it. You perpetuated their jobs. The pa~nther, great old panther. They packed them up shipped them off to canned hunts in Texas. That's where you pay to kill a panther for a monument or a -= C}IAI~MAN FANCOCK: Let's remind ourselves of that. We need to come back on -- MR. PERKINS: Right. Okay. Access to the Picayuane Strand State Park. This needs to be addressed, because if you're gonna have a park in there, how the heck do you get to it? At the same time too, and I'm going to drive this home, the evacuation routes from Marco Island, Gocdletue, Fidd!er's Creek, all along 41, the farmers, and also with the Port of the Islands, how do you get out of there in time? And don't tell me you're gonna use 41. Don't tell me you're gonna use 75 .-~%nd as far as 951 goes, you're gonna be backed up all the way to the nunokalee Road, and if you have accidents, you are going to have a big robiem all over. You're gonna perpetuate the problem. Collier Seminole State Road. Okay. Dead ends on private property and it's also controlled by the DEP, which would put more hurdles in the way. They bought property on Miller Boulevard along with the Wildlife Federation and the Forestry just to .hinder the improvement of Miller Boulevard. Now, the next thing they'll want to do is most likely they'll what to mitigate it. That's called extortion in my language, and as far as the stipulated settlement went, it's time to take -- totally get rid of that. All it has done is kill some of my friends. With that, water heights. I need to address that. When you take and create enough water out there, you're gonna have panthers dying because there's nothing for it to feed on. You're gonna have all the animals that run across the ground, dead. You're gonna increase the mosquitoes here for encephalitis, ~nd if you don't believe me, if you read the paper about the bear over on Port Royal, what was it doing there? Because it didn't nave anyplace to eat, nothing to eat. When you do that out therm, you're gonna move all those animals in town and, hopefully, they'll all end 'up at the Conservancy having lunch. I would like this board to approve this, if for no other reason, to save lives. Save lives. Do the right th{.ng for a change. Save some lives in this community, because that's basically what we're all about. With that, I'll quit. Thank you-for your indulgence. MR. FERNANDEZ: Mary. Dunavan and then Tina McDonald. A MS. DUNAVAN: Good morning, Co~=~issioners. My-name is Mary ~unavan and I'm speaking for myself and A1 touched a lot .hat I was going. to speak on,. but I would.like .~O: upDor~ 2000 July 29, 1997 up of Miller Bcu!evard and ~he fires do burn an/zna!s and it does burn their habitat, and if there, s .no access to fight the fires, then we are not doing right by the animals, let alone the humans that live in that area and the humans are taxpayers in th{s county, so with that, t/n~nk you very much. M~. FERNANDEZ: Tina McDonald and Vilma Cirincione. MS. MCDOAIALn: Good morning. My name is Tina McDonald. represent Collier Cattle Corporation and Tropical Ranch Properties. We feel that it is the board's responsibility to address the priorities most prevalent, which is the health and safety and welfare of the citizens a~ld the property owners in the southern Golden Gate area. In the s~mertime, Jane's Scenic Drive is usually flooded. There was only one way out to the south. Wildfires to the north would trap the residents. We feel that if .Miller Boulevard were put in a condition where people could get in and out, and not being trapped in there, would be most beneficial. The wildlife that's there is gonna cross Miller Boulevard, but we need to get our fire safety people in there, c~ firefighters, our ennergency services, that we are entitled to as taxpayers. Thank you very much. ~!R. FERNANDEZ: Vilma Cirincione and Brad Cornell. MS. CiRINCIONE: I'm ViLma Cirincione. I'm here to represent myself a~nd my neighbors. The funny thing about this is tb~t most of_ the people that are against making Miller Road passable, don't live there, don't live in the Estates, but yet they're fighting it tooth and nail. Now, animals are in~portant. I'll go with that water flow, but humans are first. I think our welfare is more i~portant. Now, there are people on Everglades Boulevard area in the Estates, you know, north of !-75, that could use that road to get out. Especially if you wanted to go to Port of the Isles or anSrp!ace to Everglades City. You could use that. It would be a shortcut. I mean, it would save a lot of miles. In the past, I've been to meetings at the tram-sportation department, at Horseshoe, and'one of the it~m~ r_hat came up at the time and Mr. Archibald spoke of and said that ~Liller Road was actually important farm to market road. That at the time he felt it should be considered and put in, which as far as I'm concerned, and other people, still goes. And we need this road now.- Not in the future. It's been discussed for 'years and it seom~ that they keep putting it off a~d in the past we have seen, or other people that have lived here for years, where these groups take over th4s l=roperty and 10 years down the road they end up building on' it. One good example is the area of Davis and 951. Where people were ~ushed out for environm~ta! reasons and'others, they were bought out. and you know ~_he construction that's at that area.~ow, That south part ~here were people in my neighborhood that owned down there and yet they're building like crazy t2~ere~ All of a sudden i'~ becomes. okay. They don~t-worry about water flow, 'a~'~na!s, or ann there's a profit. ~age 1'5 · o..t 4." July 29, 1997 Sc ~iease consider the people that livethere, their safety and welfare. Even I could use that road. It would-save me a lot of miles, so I thank you for everybody. MR. FERNANDEZ: Last speaker, Brad Cornell. MR. CORNELL: Mor~.ing, commissioners. I'm Brad Cornell and I'm here as president of Collier County Audubon Society and I would like to point out I'm not paid to be here and, in fact, I'm taking tLme off of work to be here. So please kn6w that we have citizens' interests at heart, too. I do want to point out that we are on record as being opposed to the improvement of Miller Boulevard Extension, as you know. I think in this morning's discussion it's pertinent to say that the new situation which warrants looking at this a little more closely is the Lm~roved climate of the southern Golden Gate Estates state land acquisition efforts. As you-all know, there is a big lawsuit or actually two lawsuits which are very, very close to being settled a~d the improvement of Miller Boulevard Extension, I think, would exacerbate the problems involved with that situation, and the priority which the state has now given tc this CARL project, I think means that we need to take a second look before improving that road. ~ The situation a year ago, or whenever it was that you had --~riginal!y given direction to pursue the improvements, I think has hanged. So for that reason, I believe it warrants looking at this ore closely. In fact, to that end, I would like to respectfully request that you postpone your decision on this from today and actually appoint a task force to look at the issues so that you can consider more fully every~ne's concerns, because we acknowledge that they're -- it's a very uom.D!icated situation, and it's hard to say that it's all black a~,d white, pave it or don't pave it. While we feel that you shouldn't pave it, we're willing to sit down ~d discuss with people who disagree with us all the issues concerned, including the Picayuane Strand Forest and the residents in southern Golden Gate Estates, as well as other factors. So I would respectfully ask that you postpone your decision and look at this more closely. Thank you very much. MR. FERNANDEZ: Mr. Chairman, after I azlnounced the last speaker, we had another one come forward. Bob Schank. MR. SC}IAN-K. Good morn/~g. Bob Sch~nk, fire chief, East Naples Fire Control District and president of Collier County Fire Chiefs' Association. I apologize. I d/dn't want to get up ~re and duplicate, if there was already a chief prior to me s~eaking, but I appreciate the opportunity. I haven't come to you w~th any statistics and war stories, just With plain old common sense t_hat the emergency services need to get out there, whether there's ~n' acquisition problem or. not. We've been battling this thing for 18 years of my career here and it hasn't --Totten any better, and there's fires still out there. All you have to ~o is look east'i come around January, and FebruarY ~d the story's toll .o you. July 29, 1997 I .~now my d~art. ment's had apparatus damage trying to get through there, a~d i know-isles of Capri certainly has, and all the districts that have come ~hrough that Miller Boulevard thruway. Presently it is true, I stated Friday that it took a half ho~r for my department to get out to the south blocks. Well, after a closer review of my run reports, it goes somewhere around 45 minutes to get a brush truck from the station on the East Trail all t_he way north cn 951, all the way east down to Golden Gate Boulevard and all the way south back to Everglades just to get to ~!i!ler Bou!ev~rd, or ~nywhere else in that part of the Estates. So I'm here today -- we've ta=ked about it over the last few years. I'm just begging you. Giv.~ us some help out there. The emergency service needs -- right now you can't get an ambulance. We may be able tc get a brush truck down there right today, but certainly an ambu!~nce can't get there and certainly apparatus. So what I say is -- I come to you with -- basically begging you. Help us out here. Let us get out there to do our best. These are some good people out there. They need the same protection as the pecple in the city and I appreciate that. Thank you. PS{. FE~%lANDEZ: Cathy Myers. MS. ~Z'~RS: My name is Cathy Myers. ~I live -- I have five acres cut on Sabal PaLm Road Extension. I lost my husband out there three years ago in a car accident because there was no way of getting out _ there for safety. Excuse me. If they had an ambulance to get cut there, my husband might be alive today, but because you people out here fight for transportation, he's dead. He'll never see his grandson. He'll never see his kids grow up and that's because you guys tore the sign dow~ and because you guys won't put those safety things out where people ca~ drive and be safe. But, no, you guys won't have noth-2_ng out there, and other people die and get killed. One of my other kids can be killed or something out there because you guys won't give us nothing out there. I'm sorry. I get emotional every time I think about my husband. He laid out there for two hours. Two hours alive and no held for him because -- just because you g~ys couldn't get out there. If you guys were ~_bie to get out there maybe he'd be alive today. But, no, you sou~ty people cut out Miller Boulevard, where nobody can get in and cut. You cut ou~ Sabal Palm Road where you can't get safety in there. My house a//~ost burned down twice because of fire and because you guys were too lazy, what is water management? I mean, I never get into this stuff. My husband always came down-to these meetings and stuff because I ~lways worked and he worked too, but he always m~de =~me to come dow= to these meetings. But, no, you ~uys -- they had. a road going there. You guys dug up the roa~ where there could put fire departments ou~ t_here. You guys dug it up, water management and everything else, because you'said it wasn't done right because maybe they forget something, but I tell you what, if you county peo~!e do not-do this there will.be more people killed'but there'and the_re won't be-nobody to ge~ there .to help them. · I mean, my husband will'never see .hiS' kids gr0w'u grandson. All because. of .you lousy People. · . " ,_ ?age 17 O0 July 29, !997 o~nty, ~natever. I don't do this. I don't k~ow what I'm talking -- you know, but I'll tell you what, you better put that road in there ~nd you better make sure nobody else gets killed out there, like one of my kids or my grandchild. That's all I got to say. C~.~IRMAN HANCOCK: Further speakers? MR. FERNANDEZ: No speakers. CHAIRMAN F2%NCOCK: Close the public hearing. COMMISSIONER CONSTANTINE: Mr. Chairman, motion to approve the COMMISSION~R BERRY: Second. CHAIRMAN HANCOCK: Any discussion? saying aye. Opposed? Motion carries five, zero. All those in favor signify by Item %8C1 PROPOSED NEI~q~aORHOOD PARK OPTIONS FOR TRACT 179 IN GOLDEN GATE - STAFF DIRECTED TO PURSUE PURCHASE & IMPROVEMENTS WITH GENERAL FUND REVENUE BASED ON COUNTY ATTORNEY REVIEW AND TO BE ~W.~ATD BY PROPOSED MSTU WIT~rTN 18 MONT~-~ OR PROPERTY TO BE SOLD; APPRAISALS MA_TVED Next item is 8(C)(1) under public services. Consider the _ '~croposed neighborhood park options for tract 179 in Golden Gate. COMMISSIONER CONSTANTINE: This is the item I brought to you a .cupie months back, and you all have a handout with a map. If you're not f~miiiar with the property, we'll show you where on Golden Gate it is. It's the -- I'm sorry, I'm covering my own microphone. It should be in yellow. The top sheet is just a description from down at the tax office. It b~d been set aside in the deed of restrictions by Avatar 30 years ago as a pa~k site and never developed. We have an opportunity to pick it up at about a third, I think, of what its existing value is ~nd cur staff has laid out four options here. My suggestion is going to be that we go and purchase the site and at the very least hold it for development as a park in the future, but i'd l~ke to see us go ahead and explore the MSTU option consistent with what we've talked about for neighborhood parks and if we can combine that perhaps with impact fees for any of those, if available, and if not the MSTU pick it up, but I'd like us to get that in the inventory, anyway. CHAIRMAN HANCOCK: Commissioner Constantine, do we have any -- ~ny type cf couunitment regarding an MSTU before we go emp~nding general fund dollars on this siite? COMM~SSIONER CONSTANTINE: We have some'of the residents here and they'll get up and speak during t_he public comment. I u~ean, we haven't done a straw ballot, if tl:at's what you're looking for, but we certainly have the ability and the authority.~o do that and that's cousistent with the discussion we just. had on our parks program a '~onth ago; where we talked about doing neighborhood parks, but asking o~ities to f~d' th~ these!yes. ~' ~¥~~ age AGENDA.ITeM No. q 18 . 001 ATTACHMENT 2 . D e part rn e n t o f Enwronmentai Protection Marjory Stoneman Douglas Building Job Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 3239c)-3000 STATE OF FLORIDA David g. Struhs Secre~ar7 COUNTY OF LEON CERTIFICATE I, Judy A. Brooks, do hereby certify that the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, met on July 11, 2000, and approved the following Item 4 on the agenda for that date. Item 4 Save Our E,erglades (Golden Gate Estates South) C.~C(L Project Acquisition Delegation REQUEST: Consideration of a request, specifically limited to the portion of the Save Our Everglades (Golden Gate Estates South) CARL project lying south of 1-75, to authorize the Director of the Division of State Lands, Department of Environmental Protection~ er her designee, to extend offers and approve any contract for the sale and purchase of land pursuan.: to sect[on 259.041(I), F.S., (1) at $5,000 over or up to 125 percent of' the appraised vakie, whichever is greater, when the purchase price per parcel does not exceed 550,000; and (2) at up to 125 percent of the appraised value when the purctmse price per parcel exceeds $50,000. COUNTY: Collier STAFF REMARKS: The Save Our Everglades CARL project is ranked number 3 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands' (DSL) Land Acquisition Workplan. The Golden Gate Estates South portion of this project contains 55,566 acres, of Which 40,854.54 acres have been acquired or are undo? agreement to be acquired by the Board of Trustees, leaving 14,71'1..46 acres, or 26 percent, of the project to be acquired. Public acquisition is essenrio! to continue .the preservation and restoration of this endangered ecosystem that is a vital component of'the Comprehensive Everglories Restoration Plan.. Acquisition of this land is critical to improving water quality and water qum~tity (hydroperiod); wh/ch are necessary to restore the Big Cypress Basin 'portion-of .the Everglades ecosystem that supports a unique diversity -of plants and :animals not found anywhere else. Southern Golden Gate Estates (SGGE) is. an approxi envirommental landscape 'in southwest Collier Court "More Protection, Less Certificate for Item 4 July 11, 2000 Trustees Agenda Page Two forest, wet prairies, pine and hardwood vegetative commurrities underlain by a pristine aquifer. Construction of road and drainage modifications, in the 1960s, overdrained the area resulting in increased forest f'rre frequency, invasion of upland vegetation, and increased freshwater shock lead to the estuaries. The South Florida Water Management District has developed a Comprehensive Hydrological Restoration Plan for the area, consisting of the placement of 83 canal plugs, three pump stations, three spreader canals and removal of 130 miles of roads. The implementation of the plan will result in the restoration of sheet flow along three major flowways across the SGGE landscape, restoration of the natural hydroperiod of the site, reduction of freshwater discharges to the estuaries and restoration of habitats that supper: endangered and threatened species. The projected date for the restoration work to begin is October 2002. The restoration project .depends on the acquisition of all lands within the project boundary. On April 17, 1998, the Department of Environmental Protection received $25 rniilion in. federal Farm Bill funds. That grant has been amended and the total federal funding is now $38 million. To date nearly $23 million has been expended and the balance must be expended before December 31, 2003, the grant expiration date. The Save Our Everglades project was first placed on the CARL list in 1986. Over the last 14 years over I t,300 parcels have been acquired. The vast majority of the acquired pz:zels are small, subdivided lots within the SGGE subdivision. The remaining parcels acquired are located in unplatted acreage areas witlain and surrounding the subdivision. Over the years owners of property in the project have received multiple offers and in 1998 and 1999, when appraised values increased as a, result of appraisal updates, new offers were sent to all owners of vacant land within the project. The DSL, under its delegated authority from the Board of Trustees, extended bona fide offers at the current appraised value for parcels with purchase prices not exceeding $50,000. In conjunction with tendering these offers, the DSL provided owners with an appraisal certification.to document the 100 percent offer. Owners of lands yalued in excess of $50,000 were also tendered 100 percent offers, but none met the bona fide offer requirement because the contracts were subject to Board of Trustees' al:proval. While some owners accepted the offer and contracts have been processed, the.-remaining owners either rejected the offer to purchase or did not respond. There are a/so approximately 96 .improvecl parcels .within the project. DSL 'is working with Collier ,Count)'. officials to determine which Of ttmse improvements are .legally permitted. While some of the .improved property within the project has alsc~ been appraised ~ negotiated, approximately 90'.improved parcels ar s_ ~. .~[il~~'~l~ " will be ne~=otiated following federal guidelines, i~ci'u~ln _ f~ o. benefits J' Two homeowners have akeady been reI~ated under the Federal improved parc Certificate for Item 4 July 11, 2000 Trustees Agenda Page Three Act and have received replacement housing payments, moving expenses and reimbursement of closing costs. All residential and business occupants, either owners or tenants, will be eligible for some form of rolocation benefits under the uniform act. There are approximately 4,000 ownerships remaining in the project, with about 80 percent of these being small, vacant platted lots within the SGGE subdivision. It is anticipated that it will take two years or more to process this number of parcels through the court system of Collier County. One cf the prerequisites to the Board of Trustees voting to direct the Department of Environmental Protection (DEP) to exercise the power cf eminent domain is the requirement that at least two bona fide offers to purchase land t~ough negotiations must have been made and, notwithstanding those offers, an impasse between the state and the landowner was reached. A recent court decision found that offers made "subject to approval" of the Board of Trustees are not considered bona fide offers. In this instance, in order to satisfy the bona fide offer requirement, staff is recommending that the Bc~ard of Trustees substitute the alternative procedure of approving the offers prior to their being made and authorizing the Director of the DSL to extend such offers and approve any contract that should result so long as it does not exceed the indicated amounts. Pursuant to section 259.041(1), F.S., the Board of Trustees may substitute other reasonably prudent procedures l:-~.vided the public's interest is reasonably protecte:_. By seeking the Board of Trustees' approval of these offers prior to their being made, DEP staff believes the public's interest is being reasonably protected. While t~s authority to exceed the appraised value is not expected to significantly increase the number of additional parcels acquired by voluntary means, it will satisfy ~e bona fide offer requirement and hopefully will reduce the overall cost of acquisition when compared to the potentiai costs associated with utilizing the Board of Trustees' power of eminent domain. At this time, staff is seeking authority to: (1) make second bona fide offers at $5,000 over or up to 125 percent of the DSL approved value, whichever is greater, and to approve any contract within these limits for parcels that do not exceed $50,000 in value; and, (2) make two bona fide offers at up to 125 percent of the DSL approved value and to approve any contract within these limits for parcels that are in excess of $50,000 in value. RECOM~.,I~ND APPROVAL of Trustdes of the Internal Im, IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Board ~rovement Trust Fund on this 11th day of July A.D., 2000. ,4' Jud)gA~..]~rooks. Cal3inet Affairs Dire '.tot ATTACHMENT 3 Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner The Capitol · Tallahassee, FL 32399-0800 Please Respond to: Picayune Strand State Forest Fl. Division of Forestry 710 Randall Blvd. Naples, FL 34120 July' 14, 2000 Marion Barnett 3301 Tamiami Trail E Naples. FL 34112 Dear Ms Barnett. Enclosed is a copy of the five year recreation plan for the Picavune Strand State Forest This plan will undergo major revisions as part of our nexq five year management plan. Much of the currein plan is out of date, and was written before the hydrolo~c restoration of South Golden Gate Estates (SGGE) was expedited by the South Florida Water Management District and the Army Corps of Engineers. The restoration may receive funding as early as 2002, and under that plan much of Miller Blvd. is currently planned to be removed. Miller Blvd Extension would then be a dead end road. The DMsion of Forestry is the lead manager of the state lands in both Belle Meads and SC_JGE We manage several parcels that are bisected by Miller Blvd. Extension. and would like to be kept informed as the lawsuit moves forward. Ifl can be of further service, please call me at 941 352.4212. Sincerely, BOB CRAWFORD, COMMISSIONER Durrwachter Senior Foreater F l . r i ,1 a _k - r i ~' u :1 t tar ~' ' Fmsh Florida PICAYUNE STRAND STATE FOREST FIVE YEAR RECREATION PLAN Introduction: Picay~ne Strand State Forest (PSSF) is located approximate!y one mile east ofNaples, I~crida in Coltier County, Two Conset'ration and Recreation Lands (CARL) acquisitions make up Picay'une Strand State Forest: The South Golden Gate Estates (SGGE) Tract, and The Baile Meade Tract ,gnurh ~,,';la;en Gore E. efofe.s' (~'~('TE) Trot/.' Much of the SGGE Tract was swamp land tha~ was developed by draining the swamps through a system of canals. Road were built for constraction of subdivision communities on the developed land. These changes ~ere made by the corporate owners. Gulf American Ccrpora~cn, in the 1970s who eventually became bankrupt. ~,e/,le lYe~de Tr~c;.' In ~ co7 the Belle Meade Tracl was added to the PSSF aleno_. with $25 million of federal funds to ccmpiete land purchases for the next three to five years. Of the total z,uO0 ' "'~ there are pr~.sen,v 35,000 acres either owned by the state officrC, de, or under contraoz. Recreation Resource Features PSSF is composed ofmesic and l,,ydric pine flatwoods, cypress swamp, mixed hardwood swamp, ,'nari prairies. and a few hardwood hammocks. The Belle Meade Tract has a large infestatica cf ]v/e/a/e~tca gu/,quene~n,ia invading the hydric pine and cypress stands. Control egons have a',ready begun and have not diminis~ed the recreatJonaI value to any significant degree. The SGGE Tract is networked with a system ofapproximate!y 45 miles of canals. The res:oration plan calls for these to be blocked at one to three mile intervaIs, depending on the eievation. A large strand runs from the northeast comer to the southwest comer ortho forest. Due to drainage, the area has reduced water flow and the north end of the strand is altered, However, the southern part of the strand is essentially intact and has a slow moving sheet flow du,dng the rainy season. The area' between the canal system and 'U.S. ,11 has overland sheet flow southward to th'e Ten Thousand Islands. There are-also severat permanent water sources scattered xhroughout the forest, such as wi':low ponds and cypress domes. Noted Florn nnd Fnunn: The £ollowing listed species of'wildlife are conF~rmed on the PSSF: American alligator, baid eagle, wood stork, Florida pareher, Florida black bear, eastern indigo snake, red cockaded woodpecker. gopher tortoise, Big Cypress fox squirrel, swallow-tailed kite. Two listed species of plants ,Cound on the forest are night scented orchid and ghost orchid. Archeological/HistoricnI Resources: The Division cFl-,'%torica! Resources indicates there are at least 14 documented archaeological sites recorded within :he PSSF. All ~he sites are classified as prehistoric middens, although one, CR 742, has a possible Seminole indian component. }','lost are small black dirt middens with abundant Faunai material located in hardwood hammocks adjacent to freshwater ponds. Their data is not considered a trade represe:,a~ion of'all the archaeological sites and a more thorough search v:iI! be needed to fi, r,d o~he: ~ ': * which may be present. Existing Fncilities,~InF~'nstructu,'e/Recrent/onal Activities: Golden Gate Estates Tract' South Golden Gate Es:ares Tract (SGGE) has a ~ll syste:,'n oftcads simiiar to those Found in a ~',~':"~: ~' There is a?prcximately CS miies ofpaved roads on ',he Forest and ancther 236 miles ~C,~l~,O,,. .. of unpaved roads. Rur, r, ing from nor",',; to south of the Fores;. is a ne,,work of nearly 50 miles of'canals. Most oFthese c: :',als eventually empty at Port o£the Islands in the Fakaunion Canal. Most of the canals are open for both fishing and boating. There is a boat ramp at the"T canal" and additional smaller ramps which are maintained by Somh Florida Water M'anagement District. Along these canals are numerous weirs which have become popular fishing spots, especially when the water is n:nning. Current}y the canal banks on fiae south end of Patterson and along the T canal are heavily used b5' unlice?,sed recreational vehicles. T~,,o ewrance sig,',s have been constructed on the Forest. The first sign is located at the Everglades overpass, south of Interstate 75. The other sign is located on the Prairie Canal at the boundary of Fakahatchee Strand State Prese,'-ve. A paved parking area with an information kiosk is located al the Everglades entrance sign and a second parking area, fenced with lights, is located at 2121 52"'~ Ave. SE. The Division of Forestry is one of twelve agencies sharing the newly opened "Southwest Florida Environmental ~nforrnadon Center" located at port ortho Islands This ceater is four miles eas~ of the Miller Blvd. Extension whi-ch leads ~o Picayune Strand Sate Forest. Collier County has com,'nit~ed to improving this access road For emergenc~' vehicle:; and may provide visitors with easier 'access onto the forest. The area of South Golden Gate Estate north of US 41 (Bad Luck Prairie) is still primariiy privale ownership.:.,' It is heavily used by off-road recreational vehicles such as ATVs and swamp buggies. Ifar,,q.~ived'i~by the state, ~his area has potential to be managed as an off-road vehicJ~" :: recreation area. Be!le Meade Tract: Belle Meade is a relative!y new CARL project, with many of the parcels still in the process of acquisition. Permanent access is available from Bonedeld Road, Sable Palm Road, and west off.Miller Blvd. There is a network of dirt roads that are passable by four wheel drive only. Many of the parcels have existing wells and ponds. There are also some picnic shelters with grills. The entire trac: is zoned agricultural, which allows for camping. Exiszing rearealion suppliers in the immediate vicinity (both private and punic) includes Collier Seminole State Park, Port ofti~e Islands, Kountree Karoping on 951, Club Naples RV Resort, and Par, lher Walk RV Park. M ar:d H Scablos has constructed a new facil;w cn :he noahwes= boundary of Belle Meade, cff,,f,~enefeidRoad, Vendor status should be explored as soon as we haveI~emanagemen; az:horitv on :he surrounding tracts. This araa is ~ailor-made for horse trails, and is only a few · -~:" '~< from Naples. The Geiden Gaze Chamber of Commerce \Voiceroe Center is a: the intersee:ion of 952 and 1-75. Planned Recreational Activities: The uses presently considered compatible with resource protection and passive recreation include: hc.~r.~'ebock ridi.g, .fixhi.g, off rood bicycli.7, ha.g g/idling,/.'/m/rive compi.g, some rype.r of httmi~tg, wildlife vie.,i.g o.d ~omre .s'mdy. .~dl uses must be consistent with the five year management plan, and use Best Management Practices CBM~Ps) to protect the resources. Fees will be charged for some uses. Routes of all trails and facilities will be =,~;,'~'=~ if?arce!s are not acquired as anticipated. Southwest Florida is very seasonal, with a we:, hct summers well populated with mosquitos. The winter season is usually dry and warm, with many of the wetland areas drying up as the season progresses. It is anticipated that 95% of visitor use will occur during the dry season. This pattern will continue throughout the restoration. Itorse Trails and Facilities: Planning of horse trails is being done with the help of the Collier County Horse Trails Association. Parking for trailers needs to be obtained offBeneficial Read. Gn the east side ortho loop, fenced parking is available at 212t 52'~ Ave SE and on the west end o£ $4'~ Ave SE. Hard surface parking (unfenced) is available on the west end of 102'~'~ Ave SE a.'-,d will be needed in the area west of M and H Stables. An old toll gate area controlled by Collier County is ideally suited for trailer parking, if permission can be obtained to use it on a- permanent basis. Existing roads need to be marked and signe. d and. hi.t.chin~g posts and.water troughs must. 'be instal}ed. Several so=ions ofth}: tral -~v, ir~/t'~gl~mxir~atetv six to eight mcmhsoftheyear, but at lhese times the mesquims are often unbearable. When Belle Meade becomes a wildlife management area, the trails may be closed For several weekend hunts. The ~rait is not open to motorized tragic, except For official use. Joint Use Off-Road bikini and hiking: This will be all new construction The Florida OffRoad Eicycle .association is helping plan rite routes. The trail head should coincide with horse trails to mini~.'nize impacts. Where possible, this trail should stay within the one-mile corridor south of Interstate 75 to minimize conflicts with hunting This is also the driest area. It would be open ~-~,t, and will not be open to motorized vehicles, except for official use. most ~., ,.,e year Hiking: There is an existing Florida Trail in Collier Seminole State Park. A joint effort between Florida Park Service and' the Division c£Forest~ could ioin this trail with the Florida trail in Ei~ Cypress National Prese,'we. Trails are not necessarily all-weather and may be to wet for horse or bicycles This route has not yet been established, and will depend on land acquisition in the SGGE tract Drive Tour: The exisling tour will be upgraded to take advantage ~fthe Southwesl Florida Environ:.'nenta! Information Center New slops wi~l be added and an updated brochure wiil be printed The brochure should exp!ainlhehistoO' and 2oals ofthe restoration project. Ira!so needsic credit the many pamners and their roles in the-restcratien effon. " Orchids and Egrets" already using tl~e SGGE for tours that traverse Janes Scenic Drive and end with a boat :our at Po~ cf:heJslaads These iours are highly desirable because :hey explain the ecosyslems as thev - ~¢ ,,~u=n them and do not damaze the environment Shooting Rnnge: A major project is the construction of a non-profit shooting range. Jim Schoze:-neyer of the Fiorida Game and Fish Commission has acquired the plans for this range, The chosen area needs to be located a safe distance from any residential areas. The area currentIv used is across the canal from several homes of full time residents. This is an extremely dangerous situation, espedally when high-powered rifles are used, There is adequate berm material 1o COnSIruCl the '~ackstop in a safe manner in other pans of SGGE. The vast majority of the use of firearms in the area is for target practice and is not ass0cia,~ed directly with hunting. Hunting and Fishing: These activities are regulated by the Florida Game and Fresh Water Fish Commission. A21 canals are open to fishing and will continue to be after the restoration. State lands will be open to hunting as soon as the area becomes a Wildlife Management Area and after any necessary initial wildlife surveys of population levels or other studies have been completed. All state lands within one mile of Interstate '75 and US highway 41 ~e closed to the use of firearms. Itang Gliding: The South Florida Free Flight Association uses the south end of Everglades Blvd. near the intersection with Lynch Blvd. Hang gliders are pulled with pickup trucks tO launch them into the thermals. Landing is done in the adjacent prairie'. No e%ipment leaves the road right-of- ways. In three years there has been no negative impacts observed on the resources. '" 4 NU; Bus Tours: Etatours on coach-type buses are currently being offered by "Orchids and Egrets" usin~ PSSF, Fakaha[chee Strand SP and ending with a boat tour into the Ten Thousand ]sinntis. · This is an excellent environmental education opportunity with '~o negative impacts on the environment. Scenic Highway Designation; The Tamiami Traii is in the process of being designated a Scenic Highway from the west boundary of Collier Seminole State Park to Forty Mile Bend. This will be one of the first scenic highways in Florida. This effort was begun by Mr. Robert Warren, who was joined by many agencies and private citizens to form the Corridor Advocacy Group. Boardwalks, pullouts and obser-vation decks will be addressed in the corridor management plan. Proposed Budget: Year 1998-1999 Es:abiis~ and mark 24 miles of horse trails on existing dir', roads C:i~zs Muitr'd~,'n Restroom (d~al system) Es:ab!ish four small primitive camping areas (Tables, Grills) Install hand pumps and water trough, corrals Drive Tour brochures Statewide Forest fall color brochure Subtotal 500 24,000 4,000 ],00C 1,000 2,000 $ 33,5o0 One park Ranger FTE OCO for Ranger 24,000 20,000 Total 277,500 F'.iscal 'r'enr 1999 -2000 Establish large primitive camping area at the T canal. (self-contained units) Kiosks Site numbers, garbage cans, grills Establish native trees Dump Station Campsite delineation - Establish shooting range with GFC $ t,200 5; 500 5; 1,500 5; 4,800 5; 4,500 5;t2,000 -. To~al 5; 24,500 Fiscal Year 2000-2001 Entrance Signs for Miller Extension Blvd Establish Talking Tree Environmental Education Trait near Port of the Islands Second Park Ranger FTE OCO for FTE Viscnl 'Yenr 2001-2002 Cliv',.'s Muirrum restroom Es:abiish 12-:'niie.~e:,nt-use bicycle/hiking trail - New conslpaction *~,aintenance, '~' ; o Zs:abiish Talking Tree Environmental Education Trail =ear Golden Gate Visilor Center Subtotal Totnl Total $ 500 $ 7.500 $ 8,000 $24,00o S20,000 S52,000 S]2,000 S 2,400 $ z,00~ $ 7,500 S23,900 Fiscal Year 2002-2003 Reprint brochures Upgrading existing facilities Forest education exhibits Outdoor classroom pavilion YEAR TOTAL Total S 2,000 $ 2,000 $ 6,000 $24,000 ,534,000 S211,900 6 No, q' £ &") Pg. m 3~ No. 'd..c _. ATTACHMENT 4 jeb Bush Governor Department of Environmental PrOtection Marjory Sconeman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 30, 2000 Michael W. PerilL Esq., Office of the Count)' Attorney 3301 East Tamiami Trail, 8th Floor Naples. Florida 34112 RE: Southern Golden Gate Estates Pertit, Please End enclosed the summar>,' of the Proposed Hydrologic Restoration Plan for Southern Golden Gate Estates. The plan calls for removal of 130 miles of roads wirhin Sourhen-, Golden Gate Estate, including virtually all roads south of 66tn Avenue. SE Roads designated for removal are indicated by the broken or dashed 1Shes. As you can see, Miller, Lynch, Stewart and Everglades Boulevards will be completely or almost completely removed. If.you have any questions, please feel free to contact me at (850) 488 - 9314. Andv J. Bauma~ Senior Assist~t General Co~sel AJB/yw ,-Enclosure Prmzed on ~eC~e~ p,,per PROPOSED PLAN FOR HYDROLOGIC RESTORATION OF SOUTHERN GOLDEN~ GATE ESTATES IN COLLIER CO~TTY, FLORIDA ATLANT}C · OCEAN - : SOUTHERN / i ~ GOLDEN GATE ! '.,, ESTATES Location: South central Collier County, south of 1-75 and north of U.S. 41 between the Belle Meade area and the Fakahatchee Strand State Preserve. Description: Southern Golden Gate Estates (SGGE) encompasses an area of approximately 94' square miles and is part Of a bankrupt real estate development project called Golden Gate Estates undertaken in the 1960's. Prior to development, the area was characterized by seasonal flooding several months of the year and broad, slow moving sheet flow sustained wetland vegetation and rejuvenated freshwater aquifers. The network of roads intercepts the historic flowways. Forty-eight miles of canals overdrains the landscape and quickly diverts surface and groundwater flow to a point discharge into the Fake Union Bay, thus damaging the ecology of the Ten Thousand Islands estuary. SGGE was identified in 1985 as a component of the Governor's Save our Everglades program and included in the State's CARL (Conservation and Recreation Lan~$) program. Land acquisition, which is a key Component of the restoration, is being administered by the Florida Department of Environmental Protection, Bureau of Land Acquisition. Ecological Importance: The western Everglades system, including SG~E,' contains some of the most biologically diverse plant and wildlife c~m~unities on the North American continen[. $GSE serves. as the headwaters ~.f the centkal portion of the Ten Thousand Isla'a~s National Wildlife'Refuge and is sub:rounded on three sides by public lands, inq.luding the_Florida Pan~h,:r National Fakahatchee Strand State Preserve, Collie:;-$eminole Meade 'CARL project. FIGUR'E I. Recommended. Plan.Southern Golden 'Gate Estates Hydrologic Restoration ATTACHMENT 5 33 · Save Our Everglades (GOLDEN GATE ESTATES SOUTH) -Ownership Map Collier County~ .-Clorida EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO APPROVE THE PROPOSED SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE COUNTY AND FIREMAN'S FUND INSURANCE COMPANY FOR FIREMAN'S FUND'S PAYMENT OF WORKERS' COMPENSATION BENEFITS TO SHERIFF'S EMPLOYEES. OBJECTIVE: For the Board of County Commissioners to approve the proposed settlement and release agreement between Collier County and Fireman's Fund Insurance Company. CONSIDERATIONS: Fireman's Fund Insurance Company has claims in excess of $18,000 for medical expenses for $heriff's employees who worked in former Building A, and after negotiations has now agreed to accept fifty (50%) percent of the original amount in settlement of all claims. The amount the County would pay Fireman's Fund Insurance Company to be released from all claims is Nine Thousand Ninety-Four Dollars and Thirty-One Cents ($9,094..31). This amount shall be paid on or before December 31, 2000. In return, the County would receive complete release from any and all claims that Fireman's Fund may have that allegedly relate in any way to former Building A or any alleged conditions in former Building A. The settlement would also be conditioned on no admission of liability by the County. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Fireman's Fund alleges it is owed over $18,000 for workers' compensation benefits it paid for $heriff's employees who allegedly required medical treatment due to alleged conditions in former Building A. The office of the County Attorney estimates that it may cost at least as much as the proposed settlement - $9,094.31 - to try the case with Fireman's Fund. Thus, the County's exposure to Fireman's Fund if the settlement is not approved would be in the neighborhood of $28,000 or more. By agreeing to the proposed settlement, the County's loss is limited to $9,094.31. The payment of the settlement would come from the County's self-insured Property and Casualty Fund (516). RECOMMENDATION: proposed settlement settlement documents. That the Board of County Commissioners approve the and authorize the Chairman to sign the necessary 1 Prepared by: Reviewed and Approved by: Reviewed and Approved by: Michael W. Pettit, Assistant County Attorney · i/~e/~f Wa j ker, Risk Management Director David C. Weigel, ~ County Attorney h:Debbie Armstrong\Executive Summaries\Firemans Fund Ins. Date: Date: Date: 2 AC~NDA rl'~M DEC 1 2 2000 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT A SETTLEMENT PROPOSAL IN THE CASE OF JEANETTE SAUBERT and WILLIAM SAUBERT vs. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 99-3972-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA OBJECTIVE: For the Board to consider and approve a settlement proposal arrived at by and between the plaintiff and the defendant, in the case entitled Jeanette $aubert and William Saubert rs. Collier Coun_tv Board of CounO, Commissioners, Case No. 99-3972-CA. This case is currently pending in the Twentieth Judicial Circuit Court, in and for Collier County, Florida. The amount of the settlement proposal is sixty-five-thousand ($65,000.00) dollars, in exchange for the full release and dismissal of the lawsuit with prejudice, and for each party to bear its own costs and att0mey's fees associated with this action. CONSIDERATIONS: On December 7, 1999 the above-named plaintiffs, Jeanette Saubert and William Saubert, filed a two (2) count, fourteen (14) paragraph complaint essentially alleging one act of negligence against defendant, Collier County, in the Twentieth Judicial Circuit Court. The allegations taken as a whole claim negligent maintenance by the County of a sidewalk area existing in front of 118 Palm Drive, Sunrise III Condominiums, Naples, Florida, and further claim that such negligent maintenance caused injury to the plaintiff, Jeanette Saubert. This action may be categorized as a personal injury/trip and fall claim by Mrs. Saubert The facts alleged in the complaint contend that on June 2, 1999, Mrs. Saubert, a sixty-seven (67) year old visitor to Naples, was walking on the sidewalk in front of the Sunrise III Condominiums in Naples, Florida, when she tripped and fell over a rise in the sidewalk. Subsequent inspection and examination of the sidewalk area indicate that a rise in the sidewalk of approximately two (2) inches presented itself, in the area where Ms. Saubert tripped and fell. Upon her fall, Ms. Saubert sustained a left elbow' contusion and a left hip femoral fracture. The latter injury necessitated a hip arthroplasty operation in order to correct the displaced fernoral neck fracture. The claim by plaintiff, William Saubert, is for loss of consortium only. The County has denied liability in this matter, arguing that it had not received any notification to the effect that the sidewalk in question was in disrepair and additionally claiming that any defect was an open and obvious condition of which the Mrs. Saubert should have been aware. The case, not currently set for trial, is pending on the regular court docket of the Hon. Ted H. Brousseau, Circuit Court Judge, Twentieth Judicial Circuit. As of October, 2000, the plaintiffs have claimed actual damages in the form of medical expenses in the amount ofthirty-thousand-seven-hundred-thirty-two ($30.732.24) dollars and 24/100 cents, in addition to submitting a claim for future medical expenses and past and future pain and suffering, among other things. Based upon the above estimations, the plaintiffs have submitted an informal offer to settle and resolve the lawsuit for the amount of ninety-eight-thousand-seven- hundred-fifty ($98,750.00) and 00/100 cents. Subsequent to the above, outsi~ e_counsel for the A G E J~[} A,.IT,,E M No.- 1 County, in consultation with the County Risk Management Director, determined that a pre-discovery alternative dispute resolution session would be beneficial to the interested parties in the attempt to conclude this matter. Consequently, a mediation conference was initiated in October 2000 and conducted by the attorneys for the respective parties, Mr. and Mrs. Saubert and Mr. Jeff Walker, Director, Collier County Risk Management Department. At these negotiations the plaintiffs forwarded a settlement proposal to the County wherein the plaintiffs would dismiss this lawsuit in exchange for the payment of sixty-five-thousand ($65,000.00) dollars and 00/100. It is appropriate and necessary that this offer be communicated to the Board at this time. Outside counsel for the County and the Risk Management Director are recommending that the above described settlement offer be accepted by the Board. FISCAL IMPACT: By accepting the settlement proposal above-described, the fiscal impact on the County would be limited to an amount not to exceed sixty-five-thousand ($65,000.00) dollars and 00/100, plus the expenses incurred for the costs of outside counsel through closeout. The expenses incurred by outside counsel have been substantially reduced because of the decision of the Risk Management Director to mediate this case before formal discovery practices were initiated. Payment of the settlement would emanate from Collier County Property & Casualty Fund No. 516- 121650. It is the opinion of outside counsel that the expense of proceeding through a trial in this lawsuit would be in the range of fifteen-thousand ($15,000.00) additional dollars, plus the potential exposure of an award to the plaintiff in excess of the proposed settlement amount, should a jury rule in their favor. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize outside counsel and the Risk Management Department to settle this lawsuit pursuant to the terms outlined above and to authorize the Board Chairman to thereafter execute the necessary settlement documents upon review by the County Attorney. PREPARED Lawrence Samuel Pivacek, Esquire Counsel for Collier County REVIEWED BY: ~Jei~f Walker, Director Collier County Risk Management APPROVED BY: David C. Weigel, Esqurr~ Collier County Attorney DATE: /'~" DATE: C:\WPWIN60\WPDOCS\SAUBER'ISEXC-SUMM. 2 No.- RESOLUTION 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $4,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2001 (BRITTANY BAY APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on November 27, 2000 (the ~'Public Hearing") on the application of Brittany Bay Partners (the ~Company")for the issuance of not exceeding $4,800,000 tax-exempt multifamily. housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. After considering the application of the Company a~d the comments, if any, of members of the public regarding the project or the issuance of the Bonds, the Issuer has adopted its Resolution 2000-04, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of 'Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agen;, ~t~~ o.-qC C:X~yFil¢s\doc~ent',HOFA - B6~y Bay\B~y Bay BCC R~olu6on.~pd thereof shall be liable personally on the Bond by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the' Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. immediately upon its adoption. This Resolution shall take effect PASSED AND ADOPTED THIS 12th day of December, 2000. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY~ FLORIDA By: Deputy Clerk James D. Carter, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. We~gel ~ County Attorney C:~MyFiles\documenCJ-lOFA - Briuany Bay~Britlany Bay BCC Resolution. wpd AGEi.: DA IT~ M.,,. Naples Oaily News Naples, FL 34102 Affidavit of Publication Naples Dally News PICKWORTH/ DONALD P.A. 5150 TARIAN! TRL N #602 NAPLES FL 3/,103 REFEREHCE: 010784 58156129 Notice of Special ~e State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News/ a daily newspapeP published at Naples, in Collier County/ Florida: that the attached copy of advertising was published in said ne~Jspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida/ and that the said newspaper has heretofore been continuously published in said Collier County~ Florida/ each day and has been entered as second class mail matter at the. post office in Naples/ in said Collier County, Florida/ for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant ',mther says that she has neither paid nor ~mised any person/ firm or corporation any ~_~scourlt/ rebate/ commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 1t/12 AD SPACE: 116.000 INCit FILED ON: 11/13/00 .......................................... Sworn to and Subscribed be./ore .me th!s -~.~.~'~ day._pf .~:~ 20~ Personally known by me ~~. ~~c~ U~ .~ _ ~*~ :,~ MYCOMMISSION~ CC850752 EXPIRES :¢~t'~'f~ )une 29, 200~ ~,~c EXHIBIT A TO BCC RESOLUTION 2000-04 BCC Resolution Copy RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $4,800,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTIONAND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND BRITTANY BAY PARTNERS, LTD.; PROVIDING AN EFFECTIVE DATE. W~EREAS, Brittany Bay Partners, Ltd. (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $4,800,000 (the "Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $4,800,000 and to loan the proceeds thereof available to finance the Proj'ect under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and'redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Preliminary Agreement of even date herewith relating to the issuance of the Bonds; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated_~D_~,~_y_~~. 27, 2000 which public hearing was conducted in a N0.-- q C~ .. C:'~MyFile~,document',HOFA - Brittany Bay,Brittany Bay Inducement Resolution wpd EXHIBIT B TO BCC RESOLUTION provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUlqTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $4,800,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorize'd to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement of even date herewith, in one or more issues or series in an aggregate principal amount not to exceed $4,800,000 for the purpose of financing the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds Series 2000 (Brittany Bay Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board" ) . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to C:'xMyFiles',document'&lOFA - Brittany Bay\Brittany Bay Inducement Resolution wpd -2- Pg. '7 seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part. of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and'Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived a~y right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. C ~VlyFiles~tocumem\HOFA - Brittany Bay\Brinany Bay Inducement Resolution wpd -3- This Resolution shall take effect immediately. ADOPTED this 27th day of November, 2000. (SEAL) L.S. ATTEST: /s/ Secretary HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman -4- Naples Daily News Naples, FL 54102 Affidavit of Publication Naples Daily News PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #602 NAPLES FL 54103 REFERENCE: 010784 58156129 Notice of Special Me State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb/ who on oath says that she serves as the Assistant.Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County/ Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida/ and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County/ Florida, for a period of 1 year ~---xt preceding the first publication of the ~ched copy of advertisement; and affiant ther says that she has neither paid nor )mised any person, firm or corporation any ~._~.scount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED off: 11/12 AD SPACE: 116.000 INCit FILED ON: 11/15/00 Sworn to and Subscribed before .me this ~ day__of Personally known b~7 me C~]L~_ (~J~'~h(= {t~J[ .... ,~.~ ~;~.~:., Chanel A McDonald ~:."~: ~une 29, 2005 ;~; ~,'~;~ ~ONDED THRU 1ROY FNN INSU~ ~N~ EXHIBIT A TO HFA RESOLUTION clal Meeting and Public Hearlna Notice Is. h~eby glven that the Housing Finance · Au~lorl~ of Collier Coum ty (.the. "Aufhorh~v") will conauc~ a ~eelal meet- Ing and public hearlng on November 27, 200~ at 4:00 P.m. In the City Man- nger's Conference Room, second floor, Na~les Hall, 735 Eighth Street South, Naples, Florida, r3e410.2 .for the purpose craving public com- ment~ and hearing dis- cussIon concerning the proposed issuance of the .A. uth.orlty_'s Multifatally Housing ~evenue Bo~ds to be used to finance the acqulslfion and ¢onstruc. tlon of the following prol- ech Nome of Prolect: Brittany Buy Apart. merits Initial Owner:. LB~ll~.anv Bay Partners, Tax-~xempt Financing Requested $4,800,000 Nunibar of units: 128 Size Of Site: 9 Acres West side of Collier Blvd. (CR 951), approxl. ~ately 3/4 mile South of ImmoKalee RcL ,All Int,er.ested. persens are ~nvnea ~o summit wrlffen .com.ments or attend the neanng, either personally ~rough their represen- J tatlye, and will be given 1 an .oppo.rtunlty to express I thmr views concerning I the prolect or the finarm- ling: Anyone deslrlng to Image wrlffen comments I In advance of the hearing I may send such comments Jto:Houslng Finance Au-- I thorlty bf Collier count~., I c/o General Courtsre, I 5150 N. Tamioml Trail, I Suite 602, Naples, Florl- Ida 34103 I Written comments re- I celved In advance of ~be l hearing and oral com- I ments made at the hear- ling ore. for the I conslderation of the Au- I thorltY cnd will not bind I the AufhoHfv. [ Copies of the appllca- J tlon tar financing are l avqllable for Inspection I ana copying at the office I of the General Counsel set I forth above. SHOULD ANY PERSON DECIDE TO APPEAL ANY DECISION MADE I BY THE AUTHORITY I WiTH RESPECT TO ANY I AT .SUCH HEARING, ISUCH PERSON WILL. [NEED A RECORD OF ITHE PROCEEDINGS AND, FOR THAT PUR- POSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PRO- CEEDINGS I$ MADE/ WHICH RECORD IN- CLUDES THE TESTIMO- NY AND EVIDENCE. UPON WHICH THE AP- PEAL IS TO BE BASED; In accordance wlfh the Americans wlth Dlsablll- ties Ac.t, persons needing a special accommodation .to pa.rtlclpate In this hear- mg snauld contact Donald A. · Pickworth, General Counsel, at (941) 263.8060 n.o later than seven (7) aaysprlor tothe hearing. ,,,-TJ~iL~a tlce Is glvenpur- ~,~.-:,,:F~ ', ~".'". s~Jant to Section 147(fi of' --,,_~/~ ~ ~g 'the Inhrnal Revenue ~ O.. '~) '" h Code, as c mended. ' k-~( - -~'-fs~ohn 3. Conroy, Jr. - ~ '- -"I Chairmar ~1 ~Nov. 1~ ......No. 1714652 EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE AN EMERGENCY ORDINANCE TO AMEND COLLIER COUNTY ORDINANCE NO. 2000-61, THE COLLIERCOUNTY WATER IRRIGATION ORDINANCE TO AUTOMATICALLY' INCORPORATE ALL WATER RESTRICTIONS CONTAINED IN EACH EMERGENCY WATER RESTRICTION ORDER DECLARED FROM TIME-TO-TIME BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. OBJECTIVE: The intent of this Ordinance amendment is to automatically incorporate water restrictions imposed by the South Florida Water Management District into the Collier County Water Irrigation Ordinance, thereby providing law enforcement the discretion to apply alternative penalty provisions in the Ordinance rather than having to cite the violator with a second-degree misdemeanor. CONSIDERATIONS: Section 873.609, Florida Statutes, mandates that every state and county attorney, sheriff, among others, assist the South Florida Water Management District in enforcing its water restriction orders. The only penalty option in the Statute is charging each violator with a second-degree misdemeanor. By automatically incorporating the restrictions imposed by the District within the County Ordinance, the County will have more flexibility as to the range of penalties to impose. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners declare an emergency by super majority vote and approve an emergency ordinance amending Ordffiance No. 2000-61 to automatically incorporate SFWMD water restrictions into the Collier County Water Irrigation Ordinance. Prepared By: Date: Robert N. Zachary 'Assistant County Attorney Reviewed By: /~ '~ Date: David C. Weigel d~ County Attorney h:Rob~'t/Exec. Sum/Water Ord ORDINANCE NO. 2000 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 2000- 61, THE COLLIER COUNTY WATER IRRIGATION ORDINANCE, TO AUTOMATICALLY INCORPORATE HEREIN ALL WATER SHORTAGE RESTRICTIONS CONTAINED IN EACH EMERGENCY WATER RESTRICTION ORDER DECLARED FROM TIME-TO-TIME BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT PURSUANT TO SECTION ;573.175, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; DECLARING AN EMERGENCY AND PROVIDING A SPECIAL EFFECTIVE DATE. WHEREAS, the Collier County Water Irrigation Ordinance (No, 2000-61) specifies water restrictions that apply throughout uninco~orated Collier County; and WHEREAS, Section 373.175, Florida Statutes, authorizes the South Florida Wat~...~ Management District to, from time-to-time, by order, declare that a water shortage exists in Collier County whereby restrictions regarding the use of water are thereby applied; and WHEREAS, such an Emergency Order is presently in effect in Collier County. and the South Florida Water Management District anticipates that water shortages will not be a temporary condition, and such orders will probably have to be issued from time-to-time into the indefinite future; and WHEREAS, Section 373.609, Florida Statutes, mandates that every state and county attorney, sheriff, among other, upon request from the South Florida Water Management District, shall assist that Dislrict in enforcing its water use restriction orders; and WHEREAS, as specified in Part VI of Chapter 373, Florida Statutes, the only penalty option is charging each and every alleged offender with a second degree misdemeanor, and WHEREAS, Collier County desires to fully assist the South Florida Water Management District in enforcing its declarations of water shortages as required by law, but the County desires to have more flexibility than being required in every instance to cite the alleged violator as having committed a second degree misdemeanor; and WHEREAS, Collier County can assist the District in enforcing its water shortage orders by automatically incorporating each such water shortage order into this Ordinance, and thereby also have options to impose lesser penalties than the penalties that are automatically applicable to violations that constitute second degree misdemeanors; and WHEREAS, Don Hunter, the Sheriff for Collier County. has requested that the Board of County Commissioners automatically incorporate into this Ordinance such water shortage regulations as may from time-to-time be imposed by issuance of water shortage orders by the South Florida Water Management District and thereby have the discretion to apply to each violator various penalty provisions incorporated into the County's Water Irrigations Ordinance; and WHEREAS, the Board of County Commissioners agrees with the Sheriff's request; and WHEREAS, there is an emergency need to adopt this Ordinance to assist in the enforcement of the South Florida Water Management District's water shortage orders without being required to cite each alleged violator as having committed a second degree misdemeanor. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO COLLIER COUNTY ORDINANCE No. 2000-61. Section FIVE of Collier County Ordinance No. 2000-61 is hereby amended to read as follows: Words underlined are added; V~ords ela~tek--thma~ ~c deleted. SECTION FIVE: IRRIGATION HOURS: OPERATIONAL PROHIBITIONS. 5.1 All water irrigation activities within those areas and boundaries as designated in Section Six, and which are not exempted by Section Seven, shall be restricted to the hours between 5:00 p.m. and 9:00 a.m., seven days each week Subject to the exceptions specified in this Ordinance, irrigation by water in those areas is prohibited between the hours of 9:00 a.m., and 5:00 p.m., seven days each week. 5.2 All water irrigation activities within those areas and boundaries as designated in Section SIX, and which are not exempted by Section Seven, shall be operated in an effective manner so as to not allow water to be applied continuously or primarily to any impervious surface. 5-3 All water irrigation activities prohibited or restricted from time-to-time by emergency orders declared by the South Florida Water Management District ~d published in a newsl~aper of general circulation in Collier County pursuant tO Sect/on 373,17~, Florida $t~.tutes. Each such order shall apply to such geographic areas in Collier County as are specified in the respective order or, if not specified. as otherwise provided by law. Each such order shall be subject only to such exceptions as s. peeified in the resp..eefive order, ~nd if not specified--- therein, as otherwise provided by law. SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR: ElVlERGENCY ORDINANCE; SPECIAL EFFECTIVE DATE. Pursuant to Subsection 125.66(3), Florida Statutes, the Board by at least a four-fifths vote to adopt this Ordinance, finds that an emergency exists and that immediate enaetmant of this Ordinance is necessary to authorize the Sheriff's Department to assist in the enforcement of emergency water restriction orders declared by the South Florida Water Management District without having to charge each alleged violator as having committed a second degree misdemeanor. This Ordinance shall become as soon as a copy hereof has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State of Florida. PASSED AND DULY ADOPTED by a vote in favor of enactment by ~ members of the Board of County Commissioners of Collier County. Florida, this 12t~ day of December. 2000. ATTEST: BOARD OF COUNTY COMMISSIONS DWIGHT E. BROCK, Clerk COI,LIF~R COUNTY, FLORIDA By: By: DeputyClerk JAMES D. CARTER, Ph.D., Chairman ApproveA as to form and Assistant County Attorney H:Tom/Fmah/Ordtuanc~W~c~ Shorta~, ammul/~s sam~ 12-740 } Words undcrlincd arc added; ¥~ords ;'..-~"" ',~:::~- a~ d¢lcmi. OBJECTIVE: To re-appoint 1 member to serve a 2 year term, expiring on December 31, 2002 on the Citizens Advisory Task Force. CONSIDERATIONS: The Citizens Advisory Task Force has 1 term expiring on December 31, 2000, in the category of Minority. This 5 member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. A list of the current membership is included in the backup. The term for Kathleen C. Hett~rlann will expire on December 31, 2000. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kathleen C. Herrmann - [ Minority Re-Appointment 3 Yes I None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for re- appointment, re-appoint 1 member and direct the County Attorney to prepare a resolution confirming the appointment. Prepared.By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 12, 2000 Citizens Advisory Task Force Mr. David L. Chilcote, II 795 Myrtle Terrace Naples, FL 34103 District: 4 Category: Community At Large Work Phone Appt'd Home Pkone DateRe-appt 403-6405 05/26/98 649-1311 04/11/00 Exp. Date Term 2ndE. xpDate2nd Term 12/31/99 2 Yeats 12/31/01 2 Years Ms. Vanessa Fitz 2460 14th Street, North Naples, FL 34103 Distrh~- 4 Category: Community At Large 02/13/96 261-0275 04/11/00 12/31/97 2 Years 12/31/01 2 Years Ms. Darlene Koontz 4625 Chippendale Drive Naples, FL 34112 District: 1 Category: Social Science 02/10/98 774-5912 04/11/00 12/31/99 2 Years 12/31/01 2 Years Mr. Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 Category: Business Leader 09/26/00 774-5211 09/26/00 12/31/00 3 months 12/31/02 2 Years Ms. Kathleen C. Herrmann 1768 Wellesley Circle g4 Naples, FL 34116 District: 3 Category: Minority 775-3862 04111/00 353-0527 12/31/00 8 mos Wednesday, September 27, 2000 Page I of 2 Citizens Advisory Task Force Work Phone Appt'd F~p. Date Term Name Home Phone Datel~e-appt 2ndF.~Date 2nd Term This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding fi-om the Small Cities Community Development Block Grant program from the State of Flodda, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 yearn. F£ S'I'./I 1': 290.046 $ta.t/': Greg Mihalic, HUI Directo~ 403-2330 Page 2 of 2 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Susan Alden, HUI Manager November 15, 2000 CATF Application (Kathleen C. Herrmann) There was not a quorum present at the last meeting of the Citizens Advisory Task Force (CATF). Therefore, there is no recommendation. For your information, Kathy has moved and asked that correspondence be directed to her in care of: Shelter for Abused Women P. O. Box 10102 Naples, FL 34101 Thank you for your consideration. Department of Housing And Urban Improvement Community Development and Environmental Services Division MEMORANDUM DATE: November 6, 2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative ^ssista .// 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.- CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT Kathy Heronann 1768 Wellesley Circle #4 Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: November 6, 2000 TO: FROM: Greg Mihalic, HUI Director ~ Sue Filson, Administrative Assis ' Board of County Commissioners ' Citizens Advisory Task Force As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued request'rag citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kathy Henmann 1768 Wellesley Circle Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ' helter for Abused Women P.O. Box 10102, Naples, FL ~/101 October 18, 2000 Board of County Commissioners Attn: Sue Filson, Administrative Assistant 3301 East Tamiami Trail Naples, FL 34112-4977 RE: Citizens Advisory Task Force Dear Ms. Filson: Thank you for your letter of October 13, 2000. ! am interested in continuing to serve on the Citizens Advisory Task Force and therefore, am enclosing a copy of my resume for consideration of another term. I have been serving on the task force since April, of this year. I look forward to hearing from you and if you need any further information, please do not hesitate to contact me. KH:ks Enclosure The Shelter for Abused Women is grateful for funding from Urnted Way of Collier County., Department of Children and Family Services (Domestic Violence Trust Fund) and private contributors. KATHLEEN C. HERRMANN Survivor of a violent first marriage. Personal and professional commitment to the domestic violence movement spanning more than twenty five years. Recognized expert, author, spokesperson, consultant and leader in the field. Twenty years experience as CEO/Executive Director of non-profit agencies. Experienced and trained in staff and volunteer management, public and media relations, business administration, fundraising (annual & capital), public speaking & domestic violence education. Executive VP & CEO, Shelter for Abused Women, Naples FL Member, Board of Directors, Florida Coalition Against Domestic Violence President, Florida Coalition Against Domestic Violence Steering Committee, Governor's Task Force on Domestic & Sexual Violence Delegate & Presenter, World Conference on Family Violence, Singapore Faculty, National Conference on Domestic Violence Fatality Review First Vice"President, Florida Coalition Against Domestic Violence Legislative Committee Chair, Florida Coalition Against Domestic Violence Region IV Representative, Florida Coalition Against Domestic Violence Member, Collier County Domestic Violence Council Member & Founder, Voices -vs- Violence Coalition of Collier County Member, Collier County Coalition for the Hungry & Homeless Member, Collier County Children's Fatality Review Team Member, Coalition of Batterer Intervention Programs of Florida Co-Chair, Florida Women's Foundation Commissioner, Governor's Commission on Responsible Fatherhood Board Member, Safe Children Strong Families, Naples, FL President & Director, Center Against Spouse Abuse, St. Petersburg, FL Member, Women in Prison Clemency Project 1994 - Present 1997 - Present 1998 - 1999 1998 - 1999 September 1998 October 1998 1997 - 1998 1997 - 1998 1996 - 1997 1996 - Present 1998 - Present 1994 - Present 1998 - Present 1998 - Present 1989 - 1992 1996 - 1997 '- 1994 - 1995 1989 - 1994 1990 - 1993 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 6, 2003 on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: The Golden Gate Beautifieation Advisory Committee has 1 vacancy. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose ofbcautification and maintenance of landscape improvements within the road fight of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Mr. Glenn E. Wilt, representing precinct number 625, resigned his seat on May 27, 2000. A press release was issued and resumes were received from the following interested citizen: . APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Phillip E. Mudrak I Precinct 625 Yes [none COMMITTEE RECOMMENDATION: Phillip E. Mudrak FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confuming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 12, 2000 AOF. NDA NO. Contemporary Memo Page 1 of i ~ filson_s From: levy_m Sent: Monday, November 27, 2000 9:59 To: filson_s Subject: Golden Gate Mcmomndum To: From: Date: Re: Sue Filson, Administrative Assistant, Board of County Commissioners Michael Levy, Senior Secretary, Landscape Operations 11/27/2000 Open position on the Golden Gate Beautification Advisory Committee On November 14, 2000, the Golden Gate Beauntication Advisory Committee approved the resume of Phillip E. Mudrak, 4396 20th Ave., SW, Naples, FL 34116. Please add to the agenda packet for approval by the Board. Thank you. 11/27/2000 AGENDA ITeM NO. x_.~~ Golden Gate Beautification Advisory Committee Name Horl~ Phone Home Phone · ~ ..... %~.t.~.. . . 5019 31st Aven~, S.W~'~ ~3 Naples, FL 34116 D~: 3 C~go~: ~~ 625/626 Appt'd F. xp. Date DateRe-~tppt2ndK~Date 01/11/00 10/06/03 2nd Term 3 Years Bonner G. Bacon 2570 47th Terrace, S.W. Naples, FL 34116 District: 3 Category: Precinct 623/626 4~-4373 11/07/95 10/06/98 3 Years 02/09/99 10/06/02 4 Years Sabina Musci 4470 32nd Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 627 10/04/94 10/06/98 4 Years 02/09/99 10/06/02 4 Years Roy Selanders 497 21st Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 625 455-9309 05/23/00 10/06/01 1 Year Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34I 16 District: 3 Category: Precinct 626 353-7969 11/07/95 10/06/97 2 Years 12/16/97 10/06/01 4 Years Wednesday, May 24, 2000 Page I of 2 Golden Gate Beautification Advisory Committee Work Phone ~ppt'd Ex~ Date Term Name Home Phone DateRe-appt 2ndgnpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautificafion and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The comittee shell prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts am 623, 624, 625, 626, 627, and part of 622 FL $TAT: 125.01 Staff: Mike Levy, Senior Secretary, Transportation: 774-8494 Wednesday, May 24, 2000 Page 2 of 2 i AO .,ENDA~EM ' MEMORANDUM DATE: September 15, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assista~.t_~j, 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. GG BEAUTIFICATION ADV COMM COMMISSION DISTRICT Phillip E. Mudrak 4396 20~ Avenue, S.W. Naples, FL 34116 Thank you for your help. AGENDA ITEM MEMORANDUM DATE: TO: FROM: September 15, 2000 Mike Levy, Senior Secretary Transportation Department ~ r, , Sue Filson, Administrative Assistan~t~ Board of County Commissioners ?'-; Golden Gate Beautification 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: Phillip E. Mudrak 4396 20~ Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA, iTEM Sep 14 O0 OS:02p Phil Becky Mudrak 941-352-4472 p.1 I am rupectfufiy submittin~ my resme for collier coanty board of commissi(mers disdrier three. Also attached you will find some of the views and ideas I would like to see Collier county stay the pristine sanctuary we have all grown to love. PERSONAL LIFE Date of Birth: May 24,1960 Marital Status: Married with two children (wife Rebecca and Erik and Jordon ) I'v~ first moved tu Collier County in 1973 and we perched our firs~ home in Golden Oate city in 1996. EDUCATION 1975-1979 Lely High School ' 1985-1986 Santa Fe Community Collage EMPLOYMENT 1983-1985 Florida Departm~t of Agriculture Landscape maintenance and also worked on citrus cankex projet. 1985-1988 Ken Brown (Owner of Ken Air Aviation) Executive assist to owner, duties included household management for two hom~s and budgeting of monies. 1988-1989 Collier Horticulture supervisor of lawn maintenance business ovo's~ing a er~w of throe with large accounts in Quail Cr~k 1990-pr~'nt Phil Mudrak's Lawn Service Owner and Operator, duties include all aspects of maintaining profitable business: accounting, budgeting, marketing, design, and maintenance of properties. REFERENCES Doug and nlly K!ingler 4255 Gordon Drive Naples, FL. 34102 (940 643-1945 Fax 643-0260 Marty Wasruer 3505 Gordon Drive Napi~, Fl. 34102 (941) 286-6877 (941) 649-5165 Fax 263-8146 Rud Crawford 737 Ancor Rod Road Naples, FL. 34103 (941) 262-2130 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To re-appoint 1 member to serve a 2 year term, expiring on December 31, 2002 on the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee has one term expiring on December 31, 2000. This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The term for Cheryle L. Newman. will expire on December 31, 2000. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Cheryle L. Newman MSTU District 3 3 Yes GG Community Center & GG Beautification Committee COMMITTEE RECOMMENDATION: Cheryle L. Newman NOTE: 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 (2) 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, Cheryle L. Newman has served 2 consecutive terms. Should the Board wish to re-appoint Cheryle Newman, 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, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 12, 2000 filson_s rom: Sent: To: Subject: larson k FridayS'December 01, 2000 8:25 AM illson s GGC~ Advisory Board Memorandum To: From: Re: Date: Sue Filson, Administrative .assistant Board of County Commissioners Keith Larson, Center Supervisor Golden Gate Community Center Golden Gate Community Center Advisory Board December 1, 2000 Sue, :l'he Golden Gate Community Center Advisory Board voted at their November 6th, 2000 meeting to recommend to the Board of County Commissioners that Cheryle Newman remain on the GGCC Advisory Board for another term. Would you please fortyard this request to the BCC and let me know if you may any more information. 'hank you, Keith 1 AGENDA iTEM NO. ~ Golden Gate Community Center Advisory Committee Name Worl~ PhoneAppt'd Exp. Date Term Home Phone DateRe-~pt 2ndExpDate 2nd Term Ms. Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: 455-3496 03/28/00 12/31/01 2 Years Ms. Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: 353-7969 12/03/96 12/31/98 2 Years 01/26/99 12/31/00 2 Years Mr. William E. Arthur 4200 22rid Place, S.W. Naples, FL 34116 District: 3 Category: 455-45O3 09/26/00 12/31/00 3 Months 09/26/00 12f31/02 2 Years Mr. James J. Hennink 4397 21st Avenue, S.W. Naples, FL 34116 District: 3 Category: 353-3697 09/26/00 12/31/00 3 Months 09/26/00 12/31/02 2 Years Ms. Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 District: 3 Category: 455-1475 06/08/99 12/31/99 6 months 12/14/99 12/31/01 2 Years ~Vednesday, September7, 2~0~ Page 1 of 2 Golden Gate Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Ntttt~ Home Pkone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services · Special Taxing DistricL Terms are 2 years. FL STAT: 125.01 Mafia Ramsey, Parks and Recreation Directoc. 353-0404 tVednezday, September 27, 2000 Page 2 of 2 AGENDA ITEM _~o. MEMORANDUM DATE: TO: FROM: October 9, 2000 Vinell Hills, Elections Office Sue Fllson, Adm~mstrat~ve Assi 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. G.G. COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Cheryle L. Newman 5101 31~t Avenue, S.W. Naples, FL 34116 Thank you for your help.. AO~J~IDA ITEM NO. MEMORANDUM DATE: TO: FROM: October 9, 2000 Marla Ramsey, Parks and Recreation Director Sue Filson, Administrative Assistan~ Board of County Commissioners ~ t Golden Gate Community Center Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Cheryle L. Newman 5101 31*t Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Cheryle L. Newman 5101 31~. Avenue, $. W. Naples, Florida 34116 Birdldy 2@~oL corn 941-353-7969 September 25, 2000 Ms. Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Golden Gate Community Center Advisory Committee - Term Expiration Dear Ms. Filson, Please use this c6rrespondence as my "Letter oflnterest" in continuing my participation with the Golden Gate Community Center Advisory Committee. I realize December 31, 2000 will complete my second term on this BCCC appo'mted board, but would respectfully request I be considered for one (1) additional term. I have included, per your request, a current copy of my resume. Thank you in advance for your consideration. If you have any questions regarding this request, please feel free to contact me at 353-7969. Sincerely, AG~qDA ITEM Cheryle L. Newman 5101 31st Avenue, S.W. Naples, Florida 34116 941-353-7969' E-Mail Birdldy2@aol.com ED~ATION Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - June 1964 College - Ferris State University Big Rapids, Michigan Associates WORK EXPERIENCE BUDD COMPANY - DETROll, MICHIGAN NOV. 1965 - JULY 1968 CLERK TYPIST/FILE CLERK/STATIONERY STORES - SALES & ENGINEERING DEPT, Order and supply all stationery items to the Sales and Engineering Departments. NI central filing of Sales Orders, etc. for the Sales Department. DESIGN PRODUCTION INCORPORATED - ALEXANDRIA, VIRGINIA SEPT. 1968 - APRIL 1969 'One Girl Office' ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER BUDD COMPANY - DETROIT, MICHIGAN FEB. 1970- JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY - DETROIT, MICHIGAN NOV. 1973 - DEC. 1993 PURCHASING DEPARTMENT 1973-1981 - SECRETARY 1981-1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984-1985 - ADMINISTRATIVE SECRETARY 1985-1989 - SENIOR BUYER MAY 1989-NOV. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT-SENIOR BUYER Purchasing items of responsibility have consisted of stationery supplies, perishable tooling, nuts and bolts (small fasteners), bearing cups, hubs and forgings, office equipment (faxes, copy machines, etc.) office services (janitorial, temporary employees, equipment services, etc.) telephone system, vehicles and aJl M.R.O. items for the Farmington Hills Offices. TUFF PUBLICATIONS - NAPLES, FLORIDA MAY 2000 - PRESENT OFFICE MANAGER Past President - Golden Gate Area Civic Association Golden Gate Area Civic Association - Board of Directors Golden Gate Volunteer Code Enforcement Group Co-Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt-A-Road Program Past Chairman - Golden Gate Community Center Advisory Board "Citizens on Patrol" Volunteer Civic Association Golden Gate Womens Club - President - 2000/01 Golden Gate Kiwanis - Board of Directors Sheriffs Golden Gate Community Advisory Committee State Rep. Dudley Goodlette Advisory Committee Graduate of Collier County Sheriffs Citizens Academy Recommendation letters available upon request. NO. ~ EXECUTIVE SUMMARY TO AUTHORIZE THE ESTABLISHMENT OF AN AD HOC COMMITTEE TO ASSESS THE CURRENT AND FUTURE ELECTORAL NEEDS OF THE COMMUNITY'S CITIZENS AND THE ELECTORS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To establish an ad hoc committee for the purpose of creating a broad-based assessment of the viability of the present methods of electing public officials in Collier County, Florida, and its incorporated municipalities and special-district jurisdictions, that recommends specific solutions to meet the current and future electoral requirements of the community and its citizen electors. CONSIDERATION: The Supervisor of Elections, by means of this Executive Summary, is requesting the favorable consideration of the Collier County Board of Commissioners of the proposal incorporated herein directing the County Attorney to consult appropriately with the Board, representatives of the County's constitutional officers, incorporated municipalities, special-district jurisdictions, and established political-party organizations in order to prepare a resolution for the Board's future consideration creating and establishing the membership of a committee to address the current and future electoral needs of Collier County, and make timely recommendations to the Board in whatever form and manner the committee may deem appropriate. FISCAL IMPACT: Routine administrative and support costs associated with the operation of the proposed committee will be paid through the Office of the Supervisor of Elections. Due to the specialized and technical nature of the committee's work, it may be necessary to engage the services of professional consultants to assist the work of the committee. This determination will be made after the committee has been established and appointed and will require approval from the Supervisor of Elections and/or the Collier County Board of Commissioners consistent with established procurement and budget policies. GROWTH MANAGEMENT IMPACT: There is no growth-management impact associated with the creation of the proposed committee as there is no related element in the County's Comprehensive Growth Management Plan. RECOMMENDATION: That the Collier County Board of Commissioners authorize the County Attorney to assist the Supervisor of Elections and advise the Board as to the most appropriate method for establishing an ad hoc committee to assess the viability Of the present method of electing public officials in Collier County, Florida, and its incorpora. ted municipalities and special- district jurisdictions. The committee would be created by a future Board resolution authorizing its creation and membership. Following its formation, the committee would address the Board in a timely manner with recommendations concerning the current and future electoral needs of Collier County's citizens and electors. Jennif~ J. EdwardS' ,~ Super~s0r of Elec~0./~ // AGENDA ITEM,, No,_ II _t~_L(_) EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT BY ORDINANCE PETITION CP2000-01, AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT AND FLFfURE LAND USE MAP TO ESTABLISH THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY. OBIECTIVE: To have the Board of County Commissioners review the Department of Community Affairs (DCA) Objections, Recommendations, and Comments (ORC) Report, the responses prepared by staff, receive public comment, and then consider adopting the accompanying ordinance. BACKGROUND: A professional services contract was signed with Landers-Atkins Planners, Inc. of Jacksonville, Florida on September 1998 to prepare a redevelopment plan for the Bayshore/Gateway Triangle area. The Plan was presented to the Board in November 1999. The Board approved the plan and directed staff to begin implementation. During the planning process a dialogue with landowners, developers, and investors on potential opportunities within the redevelopment area began. Recognizing that there were some limitations imposed by the current Growth Management Plan for this targeted redevelopment area, the Board on November 23, 1999 directed staff to initiate a Comprehensive Plan Amendment to address the redevelopment efforts. The Board directed staff to utilize the additional cycle of amendments (as authorized in Collier County Resolution 97-43) in 2000 in order to process a Comprehensive Plan amendment that would support the redevelopment efforts underway in the Bayshore/Gateway Triangle Redevelopment Area. On June 13, 2000 the Collier County Community Redevelopment Plan was adopted and staff has begun to implement several project identified in the Plan. CONSIDERATIONS: The intent of this amendment is to allow for more flexibility in uses and higher densities in the designated redevelopment area. Staff is proposing that any additional density in the area south of US 41 be from a reallocation of residential units from the property under the ownership of The Botanical Gardens, with the exception of 156 dwelling units with direct access to US 41 East. The provisions included in this overlay should be an incentive for private developers to invest in this older community that has been recognized by the Board of County Commissioners as an area in need of redevelopment. The amendment allows additional neighborhood commercial uses and higher residential densities that will promote the assembly of property or joint ventures between property owners, while providing interconnections between commercial properties and neighborhoods. The amendment provides some specific development standards and allows for additional standards to be created through the zoning overlay process. The intent is to allow for more intense development in an urban area where services are provided. In order to maintain the community character that is being proposed for the redevelopment area, one or more zoning overlays will be adopted into the Land Development Code that will assist in implementation of the provisions outlined in this overlay. DEC 1 2.000 Based on the ORC Report, staff has amended the boundaries and the language of the proposed amendment as described in the Collier County Planning Commission Staff Report (Attachment A). The BCC transmitted this amendment to The Department of Community Affairs (DCA) on May 9, 2000. DCA has completed its review of the proposed amendment and has issued its Objections, Recommendations and Comments (ORC) Report pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). Upon receipt of the ORC, the County has 60 days to adopt, adopt with changes or determine that the County will not adopt the proposed amendment as outlined in Section 163.3184, Florida Statutes. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: Adoption of this amendment will begin DCA's compliance review, make compliance determination and issue the appropriate intent. Adoption of this amendment will allow the continued implementation of the Redevelopment Plan. CCPC RECOMMENDATION: The CCPC held their public hearing on December 7, 2000. A copy of the Collier County Planning Commission Staff Report is attached (Attachment A). The recommendations of the CCPC will be presented at the December 12, 2000 BCC meeting. ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners adopt the attached ordinance to establish the Bayshore/Gateway Triangle Redevelopment Overlay and transmit it to the Florida Department of Community Affairs. -2- DEC 1 ZOO0 PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION November 28, 2000 DATE REVIEWED BY: COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOHN DUNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE -3- AG EN D~ ,l..~ .o. / c~/xt-) / DEC i ~ ZOO0 AGENDA ITEM 7-H MEMORANDUM TO: FROM: DATE: RE: AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION November 27, 2000 PETITION NO. CP-2000-1, BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY STAFF INITIATED - BCC DIRECTED OBJECTIVE: To have the Planning Commission review the Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) Report, the responses prepared by staff, receive public comment, and make a recommendation to the Board of County Commissioners to adopt the Bayshore/Gateway Triangle Redevelopment Overlay with the proposed changes. GEOGRAPHIC LOCATION: The Bayshore/Gateway Triangle Redevelopment Area consists of approximately 1,739 acres. It's western boundary is located on the southeastern edge of the City of Naples and its eastern boundary extends to just east of Airport-Pulling Road. The Bayshore/Gateway Triangle Redevelopment Overlay boundary proposed for adoption is displayed on Attachment A. This boundary has been modified in response to comments received in the ORC Report. The subject site is located in the East Naples Planning Community. PREVIOUS ACTION: The CCPC held the Transmittal Hearing on this petition on May 4 and forwarded it to the Board of County Commissioners with a recommendation to transmit it to DCA. The BCC held their Transmittal Hearing on May 9,2000 and voted to transmit Petition CP 2000-01 as recommended by the CCPC. BACKGROUND INFORMATION: In September 1998, the Board of County Commissioners entered into an agreement with Landers-Atkins Planners, Inc. to develop a Redevelopment Study for the Bayshore/Gateway Triangle area. The study was completed and presented to the Board in November 1999. The Board approved the study and directed staff to begin implementation. The redevelopment planning process opened a dialogue with landowners, developers, and investors on potential opportunities within the redevelopment area. Recognizing that there were some limitations imposed by the current Growth Management Plan for this targeted redevelopment area, the Board on November 23, 1999 directed staff to initiate a Comprehensive Plan Am ~;-,d~,-,~o~;,d~,~,~j~~ DEC I 2 ZOO0 Pg. AGENDA ITEM 7-H address the redevelopment efforts. The Board directed staff to utilize the additional cycle of amendments (as authorized in Collier County Resolution 97-43) in 2000 in order to process a Comprehensive Plan amendment that would support the redevelopment efforts underway in the Bayshore/Gateway Triangle Redevelopment Area. Attachment C contains the original staff report transmitted to the Department of Community Affairs (DCA) and the August 16,2000 correspondence to DCA containing additional information requested by DCA. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS. RECOMMENDATIONS AND COMMENTS (ORC) AND STAFF RESPONSES: DCA Ob_iections: The proposed land use change would increase potential population within the coastal high hazard area by 2,779 people. This is inconsistent with the requirement to designate coastal high hazard areas and limit development in these areas so as to direct population concentration away from known or predicted coastal high hazards. Furthermore, the impact of the proposed amendment on hurricane evacuation time is not analyzed. In addition, the proposed amendment is inconsistent with the County's plan (Objective 12.1; Conservation and Coastal Management Element), regarding the maintenance or lowering of densities within the category I hurricane evacuation zone. Also, the proposed amendment is inconsistent with Objective 12.2; Conservation and Coastal Management Element, which requires buildings and development activities to be carried out in a manner which minimizes the danger to life and property from hurricanes. Chapter 163.3177 (2) & (6)(g)7.,8.,& (9)(b), F.S., and Rules 9J-5.005(5), & (6); and 9J-5.013(3)(b)7 and (3)(c)7., F.A.C. DCA Recommendation: The County should not increase population concentrations within the coastal high hazard area but limit any increase in density to the area north of US 41, which is outside the coastal high hazard area. Alternatively, the County may simultaneously lower density elsewhere within the coastal high hazard area provided that the reduction is meaningful and geographically related to the increased development allowed in the Overlay area so as to ensure no net increase in population. Also, include an analysis demonstrating the impact of the proposed amendment on hurricane evacuation times and ensure that clearance times are maintained or reduced. Staff Response: Staff is proposing not to increase the number of permitted units within the coastal high hazard area south of US41 with one exception noted below. Staff is proposing that there be a reallocation of 593 units from the property owned by the Botanical Gardens to other properties within the overlay area on a first come first serve basis provided the properties meet the provisions outlined in the p~oposed text. The Botanical Gardens currently owns 129.81 acres (see attachment B) within the proposed overlay boundary of undeveloped land that is zoned as follows: RSF-3 70.15 acres (210.45 eligible units) RMF -6 40.01 (240.06 eligible units) MH 19.65 (142.7 eligible units) 2 DEC 1 2000 AGENDA ITEM 7-H The Botanical Gardens is currently preparing a rezone application to rezone the property under their ownership to a Planned Unit Development (PUD) which would eliminate the permitted residential uses and allow for the development of Botanical Gardens and its accessory uses. This reallocation of units will not exceed 593 units within the coastal high hazard area and will not be available until the property is rezoned to Planned Unit Development. Staff has identified one parcel located on the south side of US41 that would be large enough to accommodate a mixed-use project. This site is approximately 13 acres, is located directly on US41. US 41 East is the demarcation line for the coastal high hazard area, properties on the north side of the road are not considered in the coastal high hazard area and the road has recently been widened to six lanes. In addition, once developed the site will have access to Sandpiper Street, which leads into Davis Blvd., a four-lane arterial. This site is also the gateway property into the County and the redevelopment area. For those reasons, staff is proposing that the estimated 156 units that could be developed on that site not be counted as part of the 593 units. Therefore, the net increase of units in the overlay would be 156 units. Staff is recommending that the adoption language reflect these change as noted below. Based on the 2000 Hurricane Evacuation Study (not yet published) prepared by the Southwest Florida Regional Planning Council (SWFRPC), the increase of 156 units would not have an impact on July clearance times, and only a slight impact to November clearance times. The maximum clearance times would be maintained. The following information for the specific area was provided by SWFRPC: 2000 Estimates Number of Multi-Estimated JulyEvacuation TimeEstimated Evacuation Time Family Units Population November Population 4,023 17,682 2.6 to 2.9 hours20,641 3 to 3.4 hours Proposed Increase Number of Multi-Estimated July Evacuation TimeEstimated Evacuation Time Family Units Population November Population ~_4_,_!7_~9 17,895 2.6 to 2.9 hours_20,90____~7__3.1 to 3.4 hours DCA Objections: The proposed amendment does not adequately address and further the State Comprehensive Plan including the following goals and policies (Chapter 163.3177(9), F.S.): Coastal and Marine Resources Goal (9)(a) and Policy (b)3., regarding avoidance of expenditure of state funds that subsidizes development in high-hazard coastal area; DCA Recommendation: Revise the amendments as indicated earlier so as to be consistent with the above cited goal and policy of the State Comprehensive Plan. 3 DEC ! 2 2000 AGENDA ~EM 7-H Staff Response: Staff has revised the amendment to reflect DCA's previous recommendation. Southwest Florida Regional Planning Council Comments: The Southwest Florida Regional Planning Council (SWFRPC) found the amendment to be regionally significant because the southern portion of the proposed boundary contains several hundred vacant acres of the County segment of the Sabal Bay DRI. This DRI has several issues associated with its future development including its relationship with the City of Naples. SWRPC recommended that many of the DRI related coordination issues could be avoided if Collier County excluded the DRI vacant lands from the proposed Bayshore/Gateway Triangle Redevelopment Overlay distr. ct boundary. Staff Response: Staff has amended the overlay boundary to exclude Sabal Bay DRI property as well as the Windstar development since this amendment will not impact that area. Attachment A reflects the amended boundaries for the proposed overlay. REQUESTED ACTION: This petition seeks to amend the existing Future Land Use Element and Map of the Collier County Growth Management Plan to create a new overlay known as the "Bayshore/Gateway Triangle Redevelopment Overlay" to the Overlays and Special Features outlined in Section V of the Future Land Use Element for the specified lands located within the Bayshore/Gateway Triangle Redevelopment Overlay boundary (approximately 1,217 acres). The proposed text change is shown below: Amend the existing Future Land Use Element. The proposed text additions are to Pages 11, 17, 18, 19, 22, 24 and 40. (Words underlined are additions; words c, .... ~' "' ..... ~ are deletions.) Page 40 D. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map~_is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encouraqe the private sector to invest in this urban area. This Overlay allows for additional neiqhborhood commercial uses and hiqher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neiqhborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: Commercial uses allowed within this Overlay are those contained in the C-1 through C-5 zoning districts of the Collier County Land Development Code, exceot as commercial uses may be limited by a zoning overlay. Mixed residential and commercial uses ar, 4 DEC 1 2 2000 AGENDA ITEM 7-H For such mixed uses, commercial uses are permitted on the first two stories only and are limited to C-1 throuqh C-3 zoning district uses. Commercialand mixed use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encouraqe pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraqed to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. Residential uses are allowed within this Overlay. Permitted density shall be as determined throuqh application of the Density Rating System, and applicable FLUE Policies, except as provided belcw and except as may be limited by a zoning overlay. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. The project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties in order to be eligible for this higher density. For properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. For properties within the Coastal High Hazard Area, only the affordable housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. The maximum density allowed is that specified under Density Conditions in the Density Rating System. If said residential properties do not provide access to neiqhborhoods and commercial sites, then density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. Properties with access to Bayshore Drive, as identified in the Bayshore Zoninq Overlay District, are allowed a maximum density of 12 residential units per acre provided the proper~y meets the specific development standards that will apply to residential and mixed- use development alonq the Bayshore Drive corridor. The Bayshore Drive Zoning Overlay will be developed and adopted into the Land Development Code in the next available amendment cycle. Expansion of existinq commercial zoninq boundaries alonq Bayshore Drive will not be allowed until the zoning overlay is in place. Properties within the Bayshore Drive Zoning Overlay may be eligible for in-fill, low-intensity commercial development provided they meet the criteria listed below: a. If one parcel in .the proposed project abuts commercial zoning on one side, the commercial zoning may be applied for the entire project site. Interconnectivity of parcels, shared parking agreements, and complementary design features are all required. b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abuttinq commercially zoned property. Adequate buffers must be provided between the commercial uses and non-commercial uses and non-commer~ 5 ,Jal z9,~,~.^ ~ZEU DEC 1 2 2000 AGENDA ITEM 7-H 11. 12. 13. Go The project must be compatible with existinq land uses and permitted future land uses on surrounding properties. Parcels currently within the boundaries of Mixed Use Activity Center #16 will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overla~ is adopted which may limit such uses, densities and development standards. Buildings containing only commercial uses are limited to a maximum heiqht of three stories. Buildings containinq only residential uses are limited to a maximum heiqht of three stories Buildings containing only residential uses, within a mixed-use development (mix of commercial and residential uses), are allowed a maximum heiqht of four stories if said residential buildings are located in close proximity to US-41. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. For purposes of this Overlay, each 14 feet of buildin.q height shall be considered one story. Hotels/motels will be limited to a maximum floor area ratio of 0.60 and a maximum height 14. 15. 16. of four stories. Each building containing commercial uses, or mixed use, is limited to a maximum building footprint of 20,000 square feet. Zoning overlays may provide for increased building heights and/or buildinq size by conditional use approval. Building footprint size and/or height may be further limited in a zoning overlay. A maximum of 593 dwelling units are permitted to be utilized in this Overlay for density bonuses as provided in #-4 and #5 above for that portion of the Overlay lying within the Coastal High Hazard Area (CHHA), except that 156 dwellinq units with direct access to US-41 East shall not be counted towards this 593 dwellinq unit limitation. These 593 dwelling units correspond with the number of dwelling units to be rezoned from the botanical gardens sites, as provided for below, resulting in a shift of dwellinq units within the CHHA. There is no such density bonus limitation for that portion of the Overlay lying outside of the CHHA. 6 AGE NI¥~T~ ~ 2000 !7. 18. AGENDA ITEM 7-H The properties owned by The Botanical Garden. Inc. and shown on Attachment B shall be limited to non-residential uses except for caretaker. dormitory_. and other housina integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Within one year of the effective date of this amendment establishing the Bayshore/Gateway Triangle Redevelopment Overlay. the properties to be developed with a botenical garden or other non-residential use. will be rezoned from the present residential zoning districts to a non-residential zoning district(s). No portion of the 593 dwelling unit density bonuses within the CHHA can be utilized until a correspondina n0mber of dwelling units has been rezo.oed from the botanical gardens site(s). as provided for above. The following changes are needed to clarify the intent of the overlay in other sections of the Future Land Use Element. Page 11 Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay D. Bayshore/Gateway Triangle Redevelopment Overlay Page 17 and 18 I. URBAN DESIGNATION Urban Designated Areas will accommodate the following uses: Residential Uses including single family, multi-family, duplex and mobile home. The maximum densities allowed are identified in the Districts,_av.d Subdistricts and Overlays that follow. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict and in the Bayshore/Gateway Triangle Redevelopment Overlay. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans. and es permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 19 2. Urban Coastal Fringe Subdistrict In order to facilitate hurricane evacuation and to protect the adjacent environmentall' Conservation Designated Area, residential densities shall be limited to a maximum ~ 7 AGENDA ITEM 7-H through provision of Affordable Housing and Transfer of Development Rights. and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 22 DENSITY RATING SYSTEM The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights. and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 24 1. Mixed Use Activity Center Subdistrict The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CP- 2000-1 to the Board of County Commissioners (BCC) with a recommendation to adopt this amendment with the proposed changes and forward it to the Florida Department of Community Affairs (DCA). PREPARED BY: CHIEF PLANNER COMPREHENSIVE PLANNING SECTION November 28. 2000 DATE REVIEWED BY: COMPREHENSIVE PLANNING MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE DEC I 2 ZOO0 /i _ AGENDA ITEM 7-H iHEN DUNNUCK RIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DIVISION DATE Petition No.: CP-2000-1 NOTE: This Petition will be advertised for the December 12,2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: GARY WRAGE, CHAIRMAN A'I"I'AC klFIEN T A 8A YS//ORE / $A TEWA Y TRIA/II$lE REDEI/ElOME/t/T OI/ER/ A Y AREA PROPOSED AMENDMENT CP 2000-0! "" I ATTACHMENT B BOTAIVI£AI GAROE/V'S PROPERTY (CLW~.EN~.Y Z~ED ~ES~_~nAL) N 1 2 2000 · ATTACHMENT C AGENDA ITEM 7-P MEMORANDUM TO: FROM: DATE: RE: AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION April 18, 2000 PETITION NO. CP-2000-1, BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY STAFF INITIATED - BCC DIRECTED BACKGROUND: In September 1998, the Board of County Commissioners entered into an agreement with Landers-Atkins Planners, Inc. to develop a Redevelopment Study for the Bayshore/Gateway Triangle area. The study was completed and presented to the Board in November 1999. The Board approved the study and directed staff to begin implementation. The redevelopment planning process opened a dialogue with landowners, developers, and investors on potential opportunities within the redevelopment area. Recognizing that there were some limitations imposed by the current Growth Management Plan for this targeted redevelopment area, the Board on November 23, 1999 directed staff to initiate a Comprehensive Plan Amendment to address the redevelopment efforts. The Board directed staff to utilize the additional cycle of amendments (as authorized in Collier County Resolution 97-43) in 2000 in order to process a Comprehensive Plan amendment that would support the redevelopment efforts underway in the Bayshore/Gateway Triangle Redevelopment Area. The Board of County Commissioners is continuing the process to implement the redevelopment study for this area. On March 14, 2000 the Board of County Commission voted unanimously to establish The Collier County Community Redevelopment Agency (CRA); adopted the "Findings of Necessity" for the Bayshore/Gateway Tdangle Redevelopment Area; and approved the boundaries of the study area. On May 18, 2000 the CRA Plan will be presented to the CCPC to determine its consistency with the Growth Management Plan. On June 13, 2000, the Plan is scheduled to be presented to the CRA Board and Board of County Commissioners for final adoption. GEOGRAPHIC LOCATION: The Bayshore/Gateway Triangle Redevelopment Area consists of approximately 1,739 acres. It's western boundary is located on the southeastern edge of the City of Naples and its eastern boundary extends to just east of Airport Road. Attachment A displays the boundary map of the Redevelopment Study Area. The subject site is located in the East Naples Planning DEC 1 2 2000 ~ Pa. /~,,:~ AGENDA ITEM 7-P REQUESTED ACTION: This petition seeks to amend the existing Future Land Use Element and Map of the Collier County Growth Management Plan to create a new overlay known as the "Bayshore/Gateway Triangle Redevelopment Overlay" to the Overlays and Special Features outlined in Section V of the Future Land Use Element for the specified lands located within the Baysbore/Gateway Tdangle Redevelopment Area (approximately 1,739 acres). The proposed text change is shown below. V. Overlays and Special Features D. Bayshore/Gateway Tdarlgle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay. depicted on the Future Land Use Map. is consistent with the boundaries of the Bayshore/Gateway Triangle Redeve10~ment Area adopted by the Board of County_ Commissioners on March 14. 2000, The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area, This Overlay allows for additional neighborhood commercial uses and higher residential depsities that will promote the assembly of property. or joint ventures between property_ owners. while providing interconnections between properties and r~eighb~)rh0ods, The intent of this Overlay is to allow for more intense development ir~ an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County_ Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictiorls apply to this Oveday: Commercial uses allowed within this Overlay are those contained in the C-1 through 0-3 zoning districts of the Collier County. Land Development Code. and hotels/motels. except as commercial uses may be limited by a zoning oveday, Mixed residential and commercial uses are permitted. For such mixed uses. commercial uses are Dermiffed on the first two stories only. Commercial and mixed use pro.iects should be pedestrian oriented and are encouraged to provide access (vehicular. pedestrian. bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commerdal area and to provide oDportuni~ for nearby residents to access these commercial uses without traveling onto maior roadways. Parking is encouraged to be located in the rear of the buildings with the buildings oriented closer to the me;~or roadway to promote traditional urban development. Residenti¢ uses ere ellowed within this Oveday. Permitted density_ shall be as determined through application of the Density_ Rating System. and a0.~licable FLUE Policies. except as provided below and except as may be limited by a zoning 0veday. Non-residential/non-commercial uses allowed within this Overlay include essential services: parks. recreation and open space uses: water-dependent and water-related uses: child care centers: community. facility_ uses: safety_ service facilities: and. utility_ and communication facilities, *words underlined are added; words struck thrcugh are deleted 2 AGEN ]~il~,~ ..... DEC I g ZOO0 AGENDA ITEM 7-P Properties with access to US-41 East are allowed a maximum density of 12 residontial units per acre, The pro!ect must be integrated into a mixed-use develo_~ment with access to existing neighborhoods and adjoining commercial properties in order to be eligible for this higher density.. Any eligible density. bonuses, as provided in the Density Rating System. would be in addition to the eligible density. provided herein. The maximum density_ allowed is that specified under Density_ Conditions in the Densi _ty Rating System. If said residential properties do not provide access to neighborhoods and commercial sites. then density. is limited to that allowed by the Density. Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. Properties with access to Bayshore Drive. as identified in the Bayshore Zoning Overlay District. are allowed a maximum density. of 12 residential units mr acre provided the property. meets; the Specific development standards that will apD_ly to commercial and mixed-use development along the Bayshore Ddve corridor. The Bayshore Drive Zonino Overlay will be developed and adopted into the Land Development Code in the next available amendment ¢y~;le, Expansion of existing commercial zoning boundaries alono Bayshore Drive will not be allowed until the zoning overlay is in place. Properties within the Bayshore Drive Zoning Oveday may be eligible for in-fill low-intensity commercial development provided they meet the cdteria listed below: a, If one parcel in the proposed project abuts commercial zoning on one side. the commercial zoning may be applied for the entire project site. Interconnectivity_ of parcels. shared parking agreements. and complementary design features are all reauired, b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercial zoned property. Adeauate buffers must be provided between the commercial use~ and non-commercial uses and non-commercial zoning. C, The project must be compatible with existing land uses and permitted future land uses on surrounding properties. Parcels currently within the boundaries of Mixed Use Activity_ Center #16 will continue to be governed by the Mixed Use Activity. Center Subdistrict, A zoning oreday may be developed for these properties within the Mixed Use Activity_ Center to provide specific development standards. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses. densities and development standards that are inconsistent with the uses. densities and development standards allowed within this Oveday. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which ma~/limit such uses. densities and development standards. o Buildings containing only commercial uses are limited to a maximum he ight of three stories. *words underlined are added; words struck-through are deleted Buildings containing only residential uses are limited to a maximum hei_oht of three stories BE O I g 2.000 AGEN~DA ITEM 7-P 10. 11. 12. 13, 14. Buildings containing mixed use (residential uses over commercial uses) are limite~l to a maximum height of four stories. For purposes of this Overlay. each 14 feet of building height shall be considered ore story.. Hotels/motels will be limited to a maximum floor area ratio of 0.45 and a maximum height of four stories. Buildings containing commercial uses. or mixed use. are limited to a maximum b~jlding footprint of 20.000 square feet. Zoning overlays may provide for increased building heights and/or building size by conditional USe approval. Building footprirlt size erld/or height may be further limited in a zoning overlay. The following changes are needed to clarify the intent of the overlay in other sections of the Future Land Use Element. Page 10 Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay D. Bayshore/Gateway Triangle Redevelopment Oveday Page 17 and 18 I. URBAN DESIGNATION Urban Designated Areas will accommodate the following uses: Residential Uses including single family, multi-family, duplex and mobile home. The maximum densities allowed are identified in the Districts~_aRd Subdistricts ~ that follow. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict and in the Bayshore/Gateway Triangle Redevelopment Overlay. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans,,_aEd..aS permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. *words .U_Q.d.e, dJQ.e~ are added; words -'* ....~' *~"ou"~' are deleted 4 AGEND~,~T.I[I~ ~ j DEC ! 2000 AGENDA TTEM 7-P Page 19 2. Urban Coastal Fdnge Subdistrict In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights~ provided in the Bay~;hore/Gateway Tdar~gle Redevelopment Overlay. Page 22 DENSITY RATING SYSTEM The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 24 1. Mixed Use Activity Center Subdistrict The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid stdp and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. ..PURPOSE/DESCRIPTION OF PROJECT: The intent of this amendment is to allow for more flexibility in uses and higher densities in the designated redevelopment area. The provisions included in this overlay should be an incentive for private developers to invest in this older community that has been recognized by the Board of County Commissioners as an area in need of redevelopment. The amendment allows additional neighborhood commercial uses and higher residential densities that will promote the assembly of property or joint ventures between property owners, while providing interconnections between commercial properties and neighborhoods. The amendment provides some specific development standards and allows for additional standards to be created through the zoning overlay process. The intent is to allow for more intense development in an urban area where services are provided. In order to maintain the community character that is being proposed for the redevelopment area, one or more zoning ovedays will be adopted into the Land Developmeqt Code that will assist in implementation of the provisions outlined in this overlay. *words underlined are added; words struck-thrcu~h are deleted 5 DEC 1 2 zooo AGENIDA ITEM 7-P SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The proposed area consists of two communities: Bayshore and the Gateway Triangle. The Bayshore area extends south of U.S. 41 along Bayshore Drive to south of Thomasson Ddve. The area contains approximately 1,448 acres. It is currently designated on the Future Land Use Map as Urban - Mixed Use District/Urban Coastal Fringe Subdistrict. Under this subdistrict, residential densities are limited to a maximum of 4 dwelling units (du) per acre in order to facilitate hurricane evacuation, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights. The area bordered by US 41, Davis Boulevard, and Airport Road defines the Gateway Triangle community. The area also includes the Collier County Govemment Complex and Courthouse Shadows commercial center. The area contains approximately 291 acres. It is currently designated on the Future Land Use Map as Urban - Mixed Use District/Urban Residential Subdistrict. The purpose of this Subdistrict is to provide for higher densities. Maximum eligible residential density is determined through application of the Density Rating System but cannot exceed 16 dwelling units per acre, except in accordance with the Transfer of Development Rights Section of the Land Development Code. A portion of the commercial property located along US4 1 is designated as a Mixed Use Activity Center (Activity Center #16). The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. STAFF ANALYSIS: Environmental Impacts: Since the majority of land within the proposed overlay is already developed there should not be any negative environmental impacts with the proposed amendment. There may be some positive environmental impacts as older commercial properties are redeveloped and rid of any environmental hazards. Effects on High Range Ponulation Pro_iection~: The intent of this amendment is to develop mixed-use developments that would allow any increase in population to work and shop close to where they live. Based on th~ proposed projects outlined in the redevelopment plan, approximately 231 acres coul~ utilize the increased density allowed with this amendment. Taking into account the 156 acres the Botanical Gardens have purchased, the net maximum increase in density would be 1512 dwelling units. The population derived from the number of additional dwelling units likely to be developed will not have a "significant impact" on the population projections as defined in the Capital Improvement Element (5% of the population). 6 13EC 1_ 2, 200 AGENDA ITEM 7-P Traffic CapacityfTraffic Circulation Analysis: US41 is classified as a Principal Arterial in the Transportation Element of the Growth Management Plan. The segment of US41 located within the study area is being widenec, to a six-lane facility with improved turning capacity at the Bayshore Drive/Shawdowlawn Drive intersection. The projected Level of Service after completion is C. The improvements will be completed in 2000 and provide additional capacity for hurricane evacuation. Bayshore Drive is a classified as a collector with a level of service C. It is a curbed four-lane facility to Thomasson Drive. Compatibility/Commercial Demand Analysis This amendment will provide an incentive to redevelop parcels with a mix of neighborhood commercial and residential uses. The intent is to enco']rage interconnections between parcels and reduce the number of vehicle tdps on major arteri~ls. The Bayshore/Gateway Triangle Area is an established urban community. It is strategically located to governmental services, employment services, the City of Naples, and toudst attractions (beaches). The majority of infrastructure is in place, although improvements may be required, especially in the area of drainage. The proposed increase in density, when developed in a mixed-use environment, is consistent with the goals of the redevelopment and compatible to the surrounding areas. FINDINGS AND CONCLUSIONS: 1. The Overlay provides an opportunity for higher densities on properties that have access to US41. The expansion of this roadway will be completed in 2000 and will provide additional capacity for hurricane evacuation. It is estimated that the maximum number of additional dwelling units in the area as a result of this overlay would be 1512. This increase in dwelling units should not have a significant impact on hurricane evacuation. 2. The higher density recommended will help to establish a focus for the area by creating a sense of an urban neighborhood where people can live, work, and shop. Higher densities can reduce auto dependency and enhance the feasibility of other transportation nodes, such as transit and walking. The amendment provides some development standards, e.g. size limitation of building foot print and height to assure that projects maintain a neighborhood character. The adoption of zoning overlays with additional standards is also encouraged. In a recent Department of Community Affairs Survey, there was broad support for changing Florida's Growth Management system to include incentives for urban redevelopment. The Department has also established the Urban Infill and Redevelopment Assistance Grant Program to provide planning and implementation grants to local governments to implement projects that are consistent with an urban infill and redevelopment plan. In conclusion, this amendment is consistent with the goals of redevelopment and compatible with the projects outlined in the Bayshore/Gateway Triangle Redevelopment Study. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CP-2000-1 to the Board of County Commissioners (BCC) with a recommendation to transmit this amendre, nt to the Florida Department of Community Affairs (DCA). ^G~,[y~,Tr~,~'~ ~ DEC Pg. i S ZOO0 AGENIDA ITEM 7-P PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION DATE REVIEWED BY: COMPREHENSIVE PLANNING MANAGER DATE ROBERT J. MULHERE, AICP P ERWCES mRECTOR VI 'N~;EI~T A. CA~UU~ERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DIVISION DATE DATE Petition No.' CP-2000-1 NOTE: This Petition will be advertised for the May 9,2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 8 DE C 1 2, 2000 t ATTACHMENT A BA YS/'/ORE / $A TEWA Y TRIA/VSLE PROPOSED COMMUIV/TY REDEVElOPME/lIT STUDY AREA SCALE 0 1000~T. 2DOOF' T. //DEC 1 2 2000 ' RESOLUTION NO. 2000-~ A RESOLUTION APPROVING THE PROPOSED GP-OVV'TH MANAGEMENT PLAN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP TO ESTABI.ISH THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, Collier County, pursuant to Section 163,3161, at. sec~., Florida Stalutes, the Fiodda Local Government Comprehensive Planning and Land Development Regulation Act, was rec~uired to prepare and adopt a com10rehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land D~velopmertt Regulation Act of 1985 provides authority for local governments to amend their respecth/e comprehensive plans and oufiines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutea; and WHEREAS, Collier County Resolution 97-431 establishes a policy to utilize an annual cycle for Growth Management Plan Amendments and allows the Board of County Commissioners to initiate a second cycle of amendments that shall comply with the same procedures; and WHEREAS, the Board of County Commissioners on November 23. 1999 dir~cWd staff to initiate the additional cycle of amendments in 2000 in recognition of the redeve~ efforts underway in the Bayshore/Gateway Triangle Redevelopment area; and WHEREAS, upon receipt of Collier County's proposed Growl.13 Management Plan Amendment, various State agencies and the Department of Communit3/Affairs (DCA) have ninety (90) days to review the proposed Amendment and DCA must transmit, in writing to ~ County, its comments along with any objections and any recommendations for rnodificatJ~, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not ac~opt the proposed Growth Management Plan Amendrnenl. within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier Coun¥s Growth Managemenl Plan Amendment, must review and determine if the Plan A.mer~ment is in compliance with the Local Government Comprehensive Planning and Land DevelelX~ant Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule lIJ-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the prolx~KI Management Plan AmendrnenL attached hereto as Exhibit A and incorporated by ~ Won:is underfined are additio~$; WoreIs '"' ~' *~' .~'~'~.. am deletionl _'_ '_~ ....._'C'.J .. OF COUN'I-Y DEC 1 g 2.000 herein, for the purpose of transmittal to the Peptrident of Communn'y Affairs thereby initiating the required State evaluation of the Growth Management Plan Amenctments prior to final actoption and Slate ctetermination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1989 ancl Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second anti majority vote 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, Chairman Marjori~-M. Student - Assistant County Attorney Words underlined are additions; Words _-_~__'-~. __v-'~--__~h am dadetion$ DE C 1 000 EXHIBIT A Amending the Future Land Use Element - Overlays and Special Features and corresponding pages as necessary and amending the Future Land Use Map to reflect the Bayshore/Gateway Triangle Redevelopment Overlay. Page 36 D, Bayshore/Gateway Triangle Redevelopment Oveday The Bayshore/Gateway Triangle Redevelopment Overlay. depicted on the Future Land Use Map. is consistent with the boundaries of the Bayshore/Gateway Triangle Redevelopment Area adopted by the Board of County_ Commissioners on March 14. 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Tdangle Redevelopment Area by providing incentives that will encourage the pdvate sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property. or !pint ventures between property. owners. while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning oredays will be adopted into the Collier County. Land Development Code to aid in the implementation of this Oveday. The f011owino provisions and restrictions apply to this Oreday: Commercial u, ses allowed within this Oveday are those contained in the (;-1 through C-3 zoning districts of the Collier County. Land Development Code. and hotels/motels. except as commercial uses may be limited by a zoning 0veday. Mixed residential and commercial uses are permitted. For such mixed uses. commercial uses are permitted on the first two stories only. Cornmerdal and mixed use projects should be pedestrian oriented and are encouraged to provide access (vehicular. pedestrian. bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the comrrler(;;:ial area and to provide O.DDortunity for nearby residents to access these commercial uses without traveling onto major rQadways. Parking is encouraged to be located to the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban Residential uses are allowed within this Overlay, Permitted density_ shall be as determined through application of the Density_ Rating System. and a~)Dlicable FLUE Policies. except as provided below and except as may be limited by a zoning oveday. Non-residential/non-commercial uses allowed withirl this Oreday include essential services: parks. recreation and open space uses: water-dependent and water- related uses: child care centers: community_ facility_ uses: safety_ service facilities: and. utility_ and communication facilities. Properties with access to US-41 East are allowed a maximum density. of 1:) residential units per acre. The pro!ect must be integrated into a mixed-use development with access to existing neighborhoods and ad!oining cornmen ial Words undefined are additions; Words -*-,'-~' '~- ....~' are deletions DEC I ~ ZOO0 properties in order to be eligible for this higher density. Any eligible density bonuses. as provided in the Density_ Rating System, would be in addition to the eligible density. provided herein. The maximum density_ allowed is that specified under Density. Conditions in the Density_ Rating System. If said residential properties do not provide access to neighborhoods and commercial sites. then density is limited to that allowed by the Density. Rating System and applicable FLUE policies. exceot as may be limited by a future zoning oveday. Properties with access to Bayshore Ddve. as identified in the Bayshore Zoning Oveday District. are allowed a maximum density_ of 12 residential units oer acre provided the property_ meets the specific development standards that will apply to commercial and mixed-use development along the Bayshore Ddve corridor. Th~ Bayshore Ddve Zoning Oveday will be developed and adopted into the Land Develo_~ment Code in the next available amendment cycle. Expansion of existinG commercial zoning boundaries along Bayshore Drive will not be allowed until the zoning overlay is in place. Properties within the Bayshore Drive Zoning Overlay may be eligible for in-fill low-intensity commercial development provided they meet the cdteda listed below: a. If one parcel in the proposed Dro_iect abuts commercial zoning on one side. th~ commercial zoning may be applied for the entire pro_iect site. Interconnection of parcels. shared parking agreements. and complementam design features b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercial zoned property_, Adeauate buffers must be provided between the commercial uses and non-commercial uses and non- commercial zoning. c, The project must be compatible with existing !and uses and .Dermiffed future land uses on surrounding properties, Parcels currently within the boundaries of Mixed Use Activity_ Center #16 will continue to be governed by the Mixed Use Activity_ Center Subdistrict. A zoning oveday may be developed for these properties within the Mixed Use Activity_ Center to provide specific development standards. Existiqg zoning districts for some properties within the Bayshore/Gateway Tdangl- Redevelopment Oveday allow uses. densities and development standards that are inconsistent with the uses. densities and development standards allowed within this Oreday. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning oreHay is adopted which may limit such uses. densities and development standards. Buildings containing only commercial uses are limited to a maximum height of three stories. Buildings containing only residential uses are limited to a maximum height of thre~, stodes Words underlined are additions; Words ct."-'c~ thrcu~,h are deletions AGENDA~T~"~ , .o. DEC I g zooo 10. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. 11, For purooses of this Overlay. each 14 feet of building height shall be considered one story~ !2. Hotels/motels will be limited to a maximum floor area ratio of 0.45 and a maximum height of four stories. 13, Buildings containing commercial uses. or mixed use. are limited to a maximum building footprint of 20.000 s0uare feet. 14. Zoning overlays may orovide for increased building heights and/or building size by conditional use aD.oroval. Building footprint size and/or height may be further limited irl ~ zoning overlay. Page 10 Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Oveday B. Areas of Environmental Concern Overlay C. Airport Noise Area Oveday D. Bayshore/Gateway Triangle Redevelopment Overlay Page 17 and 18 I. URBAN DESIGNATION Urban Designated Areas will accommodate the following uses: Residential Uses including single family, multi-family, duplex and mobile home. The maximum densities allowed are identified in the Distdcts,_a~d Subdistricts and Overlays that follow. Non-residential uses including: 12. Commercial uses subject to cdteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict and in the Bayshore/Gateway Triangle Redevelooment Overlay. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans. and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 19 2. Urban Coastal Fdnge Subdistrict In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to; maximum of 4 dwelling units per acre, except as allowed in the Density Rating S Words underlined are additions; Words -~tr.'ck thrcu~h are deletions 'stem DEC to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights. and except as provided in the Bey~hore/Gatew~y Triangle Redevelopment Oveday. Page 22 DENSITY RATING SYSTEM The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights. and except as provided for in the Bayshore/Gateway Triangle Redevelopment Oveday. Page 24 1. Mixed Use Activity Center Subdistrict The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Trian_ole Redevelopment Oveday and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Words underlined are additions; Words = '.."-' c ..........are deletions DEC 12Z000/ i T 40 s L T 61 I J TS15 il tit J. o$ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34 104 August 16, 2000 Mr. Ray Eubanks, Administrator Division of Resource Planning and Management Plan Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Comprehensive Plan Amendment (CP-2000-1) Dear Mr. Eubanks: Phone (941) 403-2400 In response to your letter of June 1, 2000, regarding the incomplete proposed amendment package for the Bayshore/Gateway Triangle Redevelopment Overlay (petition CP-2000-1), I would like to submit the following information to complete the application and to answer your questions. The Amendment is not submitted as an Urban Infill and Redevelopment area pursuant to FS 163.2517(4). The Bayshore/Gateway Triangle Redevelopment area was created pursuant to FS 163.330. The Board of County Commissioners adopted the Collier County Community Redevelopment Plan by Resolution on June 13, 2000. The plan recognized the submittal of this Comprehensive Plan amendment that would allow for higher densities and increased commercial uses in this urban core. Given the requirements of the Urban Infill and Redevelopment program, the Bayshore/Gateway Triangle area would not qualify at this time. Based on the Redevelopment Plan, staff has identified the increase in residential units and commercial square footage that would be possible under this amendment. Exhibit A includes the development potential under the existing zoning, and with the proposed changes following adoption of this amendment. It is staff's opinion that these are maximum allocations. The net result of this amendment is a potential increase of 1,396 dwelling units (2_2,779 persons) and +137,000 s.f. Of commeitTFu building space. Exhibit B contains the availability and the demand the increases would have on potable water, sardtary sewer, drainage, solid waste, recreation, and traffic circulation. Exhibit C is the map of existing public facilities which includes those serving the subject area. Exhibit D contains select data from the 1990 Census for Tracts 106 and 107, which are partially within the area encompassed by this comprehensive p amendment, compared with countywide data. Exhibit E is the map of 1990 Ce Tracts. Exhibit F depicts "Existing Zoning" within the Redevelopment Area. Exhibit G depicts the "Potential Mixed Use District" within the Redevelopment Area; this informational exhibit shows the possible redevelopment scenario staff utilized to determine the maximum impact of this comprehensive plan amendment. It should be noted that a small commercial parcel (.t.5 acres) on the north side of Davis Blvd. (SR- 84) has been incorporated into the City of Naples. This parcel is expected to be deleted from the Bayshore/Gateway Triangle Redevelopment area on September 12, 2000. At the plan amendment adoption hearing, staff will recommend to the Board of County Commissioners the removal of this property from the overlay boundary. In response to comments received from the Southwest Florida Regional Planning Council, staff will consider recommending to the Board of County Commissioners the removal of the Sabal Bay DRI from the proposed overlay boundaries. It is not the intent of this overlay to modify any of the requirements set forth in the DRI. If you have any questions, please contact David Weeks, Principal Planner, or Debrah Preston, Chief Planner, in the Comprehensive Planning Section at 941-403-2300. Sincerely/y~ _ Community Development and Environmental Services Administrator Enclosures as noted cc: Board of County Commissioners (w/o enclosures) Thomas W. Olliff, County Manager (w/o enclosures) Bob Mulhere, AICP, Planning Services Director (w/o enclosures) Start Litsinger, AICP, Comprehensive Planning Manager (w/o enclosures) Debrah Preston, AICP, Chief Planner, Comprehensive Planning Section (with enclosures) David Weeks, AICP, Principal Planner, Comprehensive Planning Section (with enclosures) Lynn Griffin, DEP (with enclosures) Kimberly Warren, FDOT, District One (with enclosures) Wayne E. Daltry, SWFRPC (with enclosures) John Higgins, South Florida WMD (with enclosures) CP-2000-1 File (with enclosures) CP-2000-1 insufficiency response letterF, GMP PetJlions 8/15/2000 -2- Exhibit A Existing. Zoning Changes Zoning Allowed by 6MP Amendment Dwelling Commercial ~ Dwelling Commercial Zoning Acreage Units Sq. Footage !i~:11AcreageUnitsSq. Footage C-1/T' 5.02 40,160~j[ 3.35 26,800 C-2,C-3,C-4' 285.77 2,286,160~] 189.02 1,512,160 C-5' 71.2 569,6 66.56 532,480 P, SF-3 149.4 448 98.1 294 RSF-4 73.46 294 73.46 294 RSI~-6 8.3 50 8.3 50 RMF-6(3) 37.01 111 12.27 37 RMF-6 483.46 2,901 322.8 1,937 MH (7.26 du/ac) 73.07 530! 16.87 122 VR(7.26 du/ac) 28.99 210 31.3 227 PUD UNDEVELOPED 288.99 227.68 :'** 47.3 614,771~ 47.3 614,771 Botanical Gardens 200.45 PUD DEVELOPED Kellers (MF) 10.01 200! 10.01 200 Courthouse Shadows .... 21.73 147,000 21.73 147,000 Cricket Lake (MF) 11.45 188 11.45 188 Windstar (SF & MF) 323.28 594 323.28 594 Pinebrook Lakes (MF) 10.62 160 10.62 160 South Pointe Yacht Club (MF)16.51 96 16.51 96 [MIXED USE DISTRICT*** IENTERTAINMENT DISTRICTI I I I I 248.31 2,980I836,310J 2.52[I 125'2001 *Based on $,000 square feet per acre. **Gov~-nment Complex existing sq. footage to date 598,027, an additional 16,744 is planned. Two other expanisons am pla33ned but no square footage is available at this t/me. This amendment will have no impact on the government center. ***Cormrmrcia] Square Footage is bued on the following: "Triangle Project" - 515,000 s.f. -- GulfGatg Plaz~ - l?~i.Z~3 ~£ _ _. Remaining Mixed Use District - 109.96 ~ (~1000 sq. feet per ~ =109,960 s.f. Projected Maximum Difference Due to Comprehensive Plan Amendment Difference in Dwelling Units 1,396 increase Difference in Commercial s.f. 137,030 increase CP-2000-1 ExMing and Proix3sed development F, GMP PetirOns, CP-2000-1 Exhibit B Public Facilities I. Potable Water The Bayshore/Gateway Triangle Redevelopment Oveday is located within the Urban area with standards for Potable Water established in the Capital Improvements Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service Standards (LOS) and 1999 LOS determinations, as provided in the Tenth Annual Update and Inventory Report (AUIR), for Potable Water are as listed below. The estimated maximum population increase of 1,396 persons resulting from this plan amendment would generate a demand for 227,548 gallons of potable water per day. Potable Water LOS Standard: Available Inventory as of 9/30/99: Required Inventory by 9/30/04: Planned CIE FY 00-04: 5-year Surplus (Deficit): 185.0 GPD/Capita 24.0 MGD 22.7 MGD 8.O MGD 17.3 MGD Minimum standards for Potable Water are being met or exceeded. II. Sanitary Sewer The Bayshore/Gateway Triangle Redevelopment Oveday is located within the Urban area with standards for Sanitary Sewer established in the Capital Improvements Element of the Collier County Growth '~Management Plan. The currently adopted minimum Level of Service Standards (LOS) and 1999 LOS Jeterminations, as provided in the Tenth Annual Update and Inventory Report (AUlR), for Sanitary Sewer (South Sewer Service Area) are as listed below. The estimated maximum population increase of 1,396 persons resulting from this plan amendment would generate a demand for 168,916 gallons of potable water per day. Sewer Treatment and Collection LOS Standard: 121.0 GPD/Capita (loo GPD/Capita + 21% non-residential) Available Inventory as of 9/30/99:8.0 MGD Required Inventory by 9/30/04:9.0 MGD Planned CIE FY O0-O4: 5.5 MGD* 5-year Surplus (Deficit): 4.5 MGD * 2.0 MGD capacity to be achieved by a "re-rating' of the plant in FY 9900; 3.0 MGD capadty to be added via by new construction. Minimum standards for Sanitary Sewer are being met or exceeded. III. Drainage The Bayshore/Gateway Triangle Redevelopment Overlay is located within the Urban area with standards for Drainage established in the Capital Improvements Element of the Collier County Grovvth Management Plan._The currentlyadopted minimum~_evel of Service Standards (LQS) and 1999 LOS determinations, as provided in the Tenth Annual Update and Inventory Report (AUIR), for Drainage are as follows: Drainage Canals and Structures LOS Standard: Future Development: Existing Development: Available Inventory as of 9/30/99: Required Inventory by 9/30/04: Planned CIE FY 00-04: 5-year Surplus (Deficit): 25 year, 3 day storm current service level 373 canal miles 373 canal miles The minimum standard is being met currently, and no LOS issues are expected. AGEN I ' DEC 1 2 2000 IV. Solid Waste The Bayshore/Gateway Triangle Redevelopment Oveday is located within the Urban area with standards for Solid Waste established in the Capital Improvements Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service Standards (LOS) and 1999 LOS determinations, as provided in the Tenth Annual Update and Inventory Report (AUIR), for Solid Waste are as follows: Solid Waste LOS Standard: Available Inventory as of 9/30/99: Required Inventory by 9/30/04: 5-year Surplus (Deficit): ten years of permittable capacity at average disposal rate of previous five years 4,922,068 site tons 3,357,490 site tons (6,041) site tons Landfill Notes: I. The 1999 capacity is estimated to provide disposal space through August of 2013. A ten-year capacity deficiency will occur at the end of fiscal year 2002-03. 2. Two year built lined cell capacity is 1,400,90] tons as of October 1, 1999. This capacity is estimated to provide disposal space through February 2004. A two year deficiency will occur after February 2002. 3. Disposal capacities are based on permitted design height elevations of ! 08 feet at the Naples Landfill and 92 feet at the lmmokalee Landfill. Additional capacity could be added to the Naples Landfill site. The minimum standard is currently being met. The Board of County Commissioners has directed the Solid Waste Department to develop a remedial plan with alternative solutions to avoid a solid waste concurrency deficiency in FY 03-04. V. Parks: Community and Regional The Bayshore/Gateway Triangle Redevelopment Overlay is located within the Urban area with standards for Community and Regional Parks established in the Capital Improvements Element of the Collier County Growth Management Plan. The currently adopted minimum Level of Service Standards (LOS) and 1999 LOS determinations, as provided in the Tenth Annual Update and Inventory Report (AUIR), for Community and Regional Parks are as listed below. The estimated maximum population increase of 1,396 persons resulting from this plan amendment would generate a demand for 4.11 acres of Regional Park land and 1.80 acres of Community Park land. Community Park Land LOS Standard: Available Inventory as of 9/30/99: Required Inventory by 9/30/04: Planned CIE FY 00-O4: 5-year Surplus (Deficit): 1.2882 acres per 1,000 population 419.0 acres 340.9 acres 0.O acres 78.1 acres Regional Park Land LOS Standard: Available Inventory as of 9/30/99: Rc~u:,xed lavento~yby-~/301C,4:-- Planned CIE FY 00-~4: 5-year Surplus (Deficit): 2.9412 acres per 1,000 population 2,382.0 acres --?78.3 acres - - O.0 acres 1, 603.7 acres Minimum standards for County Community and Regional Parks are being met or exceede~d. Vl. Arterial and Collector Roads The Bayshore/Gateway Triangle Redevelopment Area encompasses +1,940 acres, of ~vl~ich 248 acres are proposed to allow mixed uses which could result in higher residential density and additional commercial development. Generally, the Redevelopment Area extends from the Tamiar~i Trail Ea: 41 East)/Davis Blvd. (SR-84) intersection east to the Davis Blvd./Airport-Pulling Road (CIR-31) intersection, and southwest to a point southeast of the Tamiami Trail East/Airport-Pulling Road 2 DEC 1 2 2000 intersection; and, south from the Davis Blvd./Airport-Pulling Road intersection to a point below the Bayshore DrivefThomasson Road intersection. The area of influence for a traffic impact analysis (TIS) can reasonably be expected to include Tamiami Trail East northwesterly to Goodlette-Frank Road (CR- 851) and southeastady to Rattlesnake-Hammock Road (CR-864); Airport-Pulling Road from it's southerly terminus at US-41 East north to Radio Road (CR-856); Bayshore Drive from Tamiami Trail East south to Thomasson Drive; and, Thomasson Drive from Bayshore Drive east to Tamiami Trail East. An examination of the current (1999) operating conditions of the various roadway segments impacted by this amendment reveals none of the segments will fall below the adopted LOS standards as a result of this comprehensive plan amendment. All roads within the area of influence have an adopted LOSS of D. Airport-Pulling Road - Radio Road to Davis Blvd. Current Facility: 6~lane divided Minor Artedal 1998 AADT: 36,654 Maximum Service Volume: 42,900 1998 LOS: C 1998 V/Std. Ratio: .85 Airport-Pulling Road - Davis Blvd. to Tamiami Trail East Current Facility: 6-lane divided Minor Arterial 1998 AADT: 29,345 Maximum Service Volume: 42,900 1998 LOS: C 1998 V/Std. Ratio: .68 Bayshore Drive - Tamiami Trail East to Thomasson Drive Current Facility: 4-lane divided Collector 1998 AADT: 14,260 Maximum Service Volume: 33,700 1998 LOS: B 1998 V/Std. Ratio: .42 Davis Blvd. - Tamiami Trail East to Airport-Pulling Rd. Current Facility: 6-lane divided Minor Arterial 1998 AADT: 23,613 Maximum Service Volume: 48,300 1998 LOS: C 1998 V/Std. Ratio: .49 Comments: State road. Davis Blvd. - Airport-Pulling Rd. to Lakewood Blvd. Current Facility: 4-lane divided Minor Artedal 1998 AADT: 19,344 Maximum Service Volume: 45,200 1998 LOS: B 1cj98VP~dTRafio: .43 ....... Comments: State road. Tamlami Trail East - Goodlette-Frank Road to Davis Blvd. Current Facility: 6-lane divided Principal Arterial 1998 AADT: 44,587 Maximum Service Volume: 71,800 1998 LOS: C 1998 V/Std. Ratio: .62 Comments: This State road is presently in process of widening to 8 lanes. 3 DEC 1 g 2000 Tamiami Trail East - Davis Blvd. to Airport-Pulling Rd. Current Facility: 4-lane divided Principal Arterial 1998 AADT: 24,662 Maximum Service Volume: 29,100 1998 LOS: C 1998 V/Std. Ratio: .85 Comments: This State road is presently in process of widening to 8 lanes. Tamiami Trail East - Airport-Pulling Rd. to Rafflesnake-Hammock Road Current Facility: 4-lane divided Principal Arterial 1998 AADT: 33,164 Maximum Service Volume: 34,200 1998 LOS: D 1998 V/Std. Ratio: .97 Comments: This State road is presently in process of widening to 8 lanes. Thomasson Drive - Bayshore Drive to Tamiami Trail East Current Facility: 2-lane undivided Collector 1998 AADT: n/a Maximum Service Volume: 15,300 1998 LOS: n/a 1998 V/Std. Ratio: n/a Comments: Data unavailable for this County road. Typically, a TIS would be prepared for a single, contiguous land area generating and/or attracting vehicle trips. However, the proposed comprehensive plan amendment is a different circumstance. In considering the traffic impacts of the proposed comprehensive plan amendment, it is important to note the redevelopment resulting in an increase in commercial s.f. and residential units is occurring at various locations throughout the redevelopment area. For commercial development, though the total square feet increase (137,030 s.f.) could accommodate a large shopping center, the actual redevelopment properties are scattered and vary greatly in size. Also, the socio-economic conditions for this area are different than for most proposed development projects, as evidenced by 1990 Census data. Though the redevelopment effod is intended to improve economic conditions in this area, it is not intended to displace the economically disadvantaged citizens from this area. Further, the mixture of commercial ~and residential uses encouraged in this redevelopment effort, is intended to provide shopping, business and personal service opportunities in close proximity to residential uses, and to increase employment opportunities close to residential areas. Accordingly, traffic generation/attraction rates should be lower than for typical development. Also, capture rates are expected to be high as the redevelopment areas are along two major arterial roads - Davis Blvd. and Tamiami Trail East - and a busy collector road, B~ayshore Ddve. It is assumed that the maximum increase in commercial development (137,030 s.f.) will I:>e 2/3 retail/service and 1/3 office, yielding: Retail and Service Uses: 91,353 s.f. Officeb'ses~45;677 s f As previously noted, the commercial redevelopment that results in the estimated 137,030 s.f. increase will be scattered such that a large shopping center could not be accommodated. (Certainly, the total redevelopment area includes some parcels large enough to accommodate a large shopping center, However, these properties do not result in the increased square footage; the increase is the result of smaller parcels lying throughout the redevelopment area.) For retail/service uses, both the "shopping center" category and 'specialty retail" category are provided. It is staffs opinion that the specialty retail category is more appropriate to use for traffic impact analysis purposes. The shopping center use to generate an estimated 5,767 average daily trips (ADT), with 10.6%, or 610 trips, occ,~ rring dudn, peak hour (P.M.). The specialty retail use is likely to generate an estimated 3,700 avera~;;;~e daily tri (ADT), with 15.8%, or 583 tdps, occurring during the peak hour (A.M.). The office uses are likely to generate an estimated 37,866 average daily trips (ADT), with 13.5%, or 5,11 6 trips, occurring during the peak hour (P.M.). When estimating site traffic impact, it is also appropriate to evaluate the level of 'passer-by" trips that are included in the standard trip generation rates. For a variety of reasons, it is clear that not all of the average daily trips calculated above are "new" trips. Some have been captured from the existing stream of traffic. This phenomenon has two distinct values. First, the actual volume of 'new" trips associated with the development of the site is actually less than the driveway volumes would indicate. Secondly, especially in the case of convenience-type shopping centers, captured trips may also represent a shortened trip length, i.e., a motorist has been able to satisfy the shopping trip 'closer to home,' thereby reducing impacts elsewhere on the network. The passer-by or capture phenomenon is less apparent in the office example, since most trips generated are "destination" trips of either employees or customers, - and are less likely to have come from the stream of existing traffic. However, capture rates may increase due to the redevelopment area's location in proximity to the county government complex, and it's location along two major corridors (SR-84 and US-41) leading to the city of Naples with it's hospital and associated medical facilities. Additionally, the existing redevelopment area is more pedestrian in nature due to socio- economic conditions; and, the intent of the redevelopment to include mixed uses is intended, in part, to lessen the need for vehicular trips. The variables affecting passer-by or capture trips vary significantly, making it difficult to estimate the actual rates for a given site without a detailed site and area-specific analysis. Studies throughout the nation have found shopping center projects comparable to the above size with "percent from passing traffic" rates as low as 7% and as high as 74%, with an average range between 21% to 49%. t is assumed that the maximum increase in residential development (1,396 DUs) will be 3/4 multi-family and 1/4 single family, yielding 1,047 MFDUs and 349 SFDUs. The MF use is likely to generate an estimated 6,806 average daily trips (ADT) based upon 6.5 trips per MFDU. The SF use is likely to generate an estimated 3,333 average daily trips (ADT) based upon 9.55 trips per SFDU. As previously noted, the existing redevelopment area is more pedestrian in nature; and, the intent of the redevelopment to include mixed uses is intended, in part, to lessen the need for vehicular trips. Summary: The proposed amendment does not cause the LOS for public facilities to fall below the adopted LOS standards for Category "A" public facilities. It is recognized that future development orders, as applicable, will be subject to the County's Adequate Public Facilities Ordinance. 5 OEC 1 2 2000 PUBLIC FACILITIES LEZ I~O. Exhibit C IN COASTAL AND HIGH Western Collier County, Floridol BIr~N' BSC24 HAZARD o61 p Iq4 ZONES I A 07 ? PA~ If ~ STA11~I(S O~? 8UL..DINOS t add,.S o~ HOSPITALS CQIdlAJNI1Y ~T ~ E],fMI~IIdENTAL SE~K'W~S S;QURCF.: CCX. L.I~ CCUiTY CC~IPRO(~ Pt.4J4dIiG SCCTI4~ o~1A Exhibit D Countywide ~ Census Tract 106 Census Tract 107 PLACE OF BIRTH All Persons 152,099 ~ 12,465 7,184 Foreign bom .. 15,903 (11.11%)~i 1,445 (12.21%) 988 (14.69%) EDUCATIONAL ATTAINMENT Persons 25 years and over 110,308 l 9,688 5,133 L__~ess than 9th grade 9,227 (8.36%) .i. 486 (5.02%) 478 (9.31%) 9th to 12th grade, no diploma 13,902 (12'60%)~[~ 1,136 (11.73%) 1145 (22.31%) E~achelor's degree 16,428 (14.89%)[~ 1,424 (14.70%) 372 (7.25%) Percent high school graduate or higher 79% [i 83% 68% JOURNEY TO WORK Workers 16 years and-over 67,195 .... . 5,379 3,932 Walked 1,809 (2.69%) ~i~i 165 (3.07%) 126 (3.20%) Other means 1,395 (2.08%) !i 170 (3.16%) 121 (3.0~%) OCCUPATION AND SELECTED INDUSTI~IES Employed persons 16_-years and over 68,449 ~ 5,507 3,960 Service occupations, except protective and household'9,277 (13,55%) 667 (12.1 1%) 713 (18101%) .NCOME IN 1989 Households 61,646 ! 5,236 3'~152 Less than $5,000 2,360 ~ 220 62 $5,000 to $9,999 2,945 1 71 116 $10,000 to $14,999 4,463 288 385 Median (dollars). $ 34,001 :~i $ 33,970 $ 27,326 Mean (dollars) $ 51,978 I~i $ 41,859 $ 32,972 Per capita income (dollar~) .... $ 21,386 ~i $ 18,18~ $ 14,498 Soure. c: 1990 C~nsus Census data Tracts 106 arxJ 107 CP-2000-1 AGENDA, ITEM\. -- Exhibit E COLLIER COUNTY, FLORIDA 1990 CENSUS TRACTS 11u! I rCEND )El 1 2 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP TO ESTABLISH THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY; BY PROVIDING FOR SEVERABILITY AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, at. se~., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County Resolution 97-431 establishes a policy to utilize an annual cycle for Growth Management Plan Amendments and allows the Board of County Commissioners to initiate a second cycle of amendments that shall comply with the same procedures; and WHEREAS, the Board of County Commissioners on November 23, 1999 directed staff to initiate the additional cycle of amendments in 2000 in recognition of the redevelopment efforts underway in the Bayshore/Gateway Triangle Redevelopment area; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, FIodda Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixbj (60) days of such receipt pursuant tO Section 163.3184, Florida Statutes; and WHEREAS, the DCA. within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Flodda Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: Words underlined are additions; Words -_.~cc~ *.~;c'-'gh are deletions The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of adoption to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS ORDINANCE ADOPTED after motion; second and majority vote this __ day of ,2000. A'I-rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: BY: James D. Carter, PhD Chairman Marjorie M. Student Assistant County Attomey 2000 GMP Adoption Ordinance Words underlined are additions; Words struck thrcu~',h are deletions DEC 1 2 2OOO BA YSI'!ORE / GATEWA Y TR/AIII$lE REDEVElOMEiVT OVERLAY AREA PROPOSED AII/IEAIDMEtlIT CP 2000-0! N i Amend the existing Future Land Use Element. The proposed text additions are to Pages 11, 17, 18, 19, 22, 24 and 40. Page 40 D. Bayshore/Gateway Tdangle Redevelopment Oveday The Bayshore/Gateway Triangle Redevelopment Oveday. depicted on the Future Land Use Map. is within the boundaries of the Bayshore/Gateway Tdangle Redevelopment Plan adopted by the Board of County_ Commissioners on March 14. 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the .Ddvate sector to invest in this urban area, TPs Oreday allows for additional neighborhood commercial uses and higher residentia~ densities that will promote the assembly of property_. or joint ventures between property_ owners. while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning ovedays will be adopted into the Collier County_ Land Development Code to aid in the implementation of this Oveday. The following provisions and restrictions apply to Commercial uses allowed within this Overlay are those contained in the C-1 through C-5 zoning districts of the Collier County. Land Development Code. except as commercial uses may be limited by a zoning overlay. Mixed residential and commercial uses are _Dermiffed. For such mixed uses. commercial uses are permitted on the first two stodes only and are limited to C-1 through C-3 zonino distdct uses. Commercial and mixed use projects will be pedestrian oriented and are encouraged to provide access (_vehicular. pedestrian. bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial erea and to provide opportunity for nearby residents to access these commercial uses without traveling onto ma!or roadways, Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the ma_ior roadway to promote traditional urban development. Residential uses are allowed within this Overlay. Permitted density. shall be as determined through application of the Density_ Rating System. and applicable FLUE Policies. except as provided below and except as may be limited by a zonino oveday. Non-residential/non-commercial uses allowed within this Oveday include essential services; parks. recreation and open space uses: water-dependent and water- related uses: child care centers: community_ facility. uses: safety_ service facilities: and utility_ and communication facilities, *words ~ are added; words ,s~a~-t~A,-eu~h are deleted DEC I 3 2000 ProDeRies with access to US-41 East are allowed a maximum density. of 12 ~sidential units per acre. The pro!ect must be integrated into a mixed-use .d. gvelopment with access to existing neighborhoods and ad!oining commercial properties in order to be eligible for this higher density_. For properties outside of the Coastal High Hazard Area. any eligible density_ bonuses. as provided in the Density_ Rating System. are in addition to the eligible density_ provided herein. For properties within the Coastal High Hazard Area. only the affordable housirlg density_ bonus. as provided in the Density_ Rating System. is allowed in addition to the eligible density_ provided herein. The maximum density_ allowed is that specified under Density_ Conditions in the Density. Rating System. If said residential properties dc, not provide access to neighborhoods and commercial sites. then density_ is limited to that allowed by the Density_ Rating System and ap.Dlicable FLUE Policies. except as may be limited by a future zoning overlay, Properties with access to Bayshore Drive. as identified in the Bayshore Zoning Overlay District. are allowed a maximum density_ of 12 residential units per acre provided the propertT_ meets the specific development standards that will apply to residential and mixed-use development along the Bayshore Drive corridor. The Bayshore Ddve Zoning Overlay will be developed and adopted into the Land Development Code in the next available amendment cycle. Expansion of existing commercial zoning boundaries along Bayshore Drive will not be allowed until the zoning oveday is in place. Properties within the Bayshore Drive Zoning Oreday may be eligible for in-fill. low-intensity commercial development provided they meet the criteria listed below: a. If one parcel in the proposed pro_iect abuts commercial zoning on one side, the commercial zoning may be applied for the entire pro~lect site. Interconnectivity_ of parcels. shared parking agreements. and complementary_ design features b. The depth of a parcel for which commercial zoning is sought may exceed th~ depth of the abutting commercially zoned property_. Adeauate buffers must be provided between the commercial uses and non-commercial uses and non- commercia! zoning. c. The project must be compatible with existing land uses and permitted future land uses on surrounding properties. Parcels currently within the boundaries of Mixed Use Activi~ Center #16 will continue to be governed by the Mixed Use Activity_ Center Subdistrict. A zoninn overlay may be developed for these properties within the Mixed Use Activity_ Center to provide specific development standards, Existing zoning districts for some properties within the Bayshore/Gateway Triangle, Redevelopment Overlay allow uses. densities and development standards that am inconsistent with the uses. densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning unti', such time as a zoning overlay is adopted which may limit such uses. densities and ~Jevelopmen~, standards, Buildings containing only commercial uses are limited to a maximum heigh three stories. *words underlined are added; words stm~k4hrea~h are deleted :of DEC 1 2 2000 10. 11. 12. Buildinqs containinq only residential uses are limited to a maximum heiqht of three stories Buildin.qs containing only residential uses, within a mixed-use development (mix of commercial and residential uses), are allowed a maximum height of four stories if said residential buildinqs are located in close proximity to US-41. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. For purposes of this Overlay, each 14 feet of building height shall be considered one story. 13. Hotels/motels will be limited to a maximum floor area ratio of 0.60 and a maximum 14. 15. 16. 17. 18. height of four stories. Each building containing commercial uses, or mixed use, is limited to a maximum building footprint of 20,000 square feet. Zoninq overlays may provide for increased buildinq heights and/or buildinq size by conditional use approval. Building footprint size and/or height may be further limited in a zoninq overlay. A maximum of 593 dwellinq units are permitted to be utilized in this Overlay for density bonuses as provided in #4 and #5 above for that portion of the Overlay lying within the Coastal High Hazard Area (CHHA), except that 156 dwellinq units with direct access to US-41 East shall not be counted towards this 593 dwelling unit limitation. These 593 dwelling units correspond with the number of dwelling units to be rezoned from the botanical gardens sites, as provided for below, resulting in a shift of dwellinq units within the CHHA. There is no such density bonus limitation for that portion of the Overlay lying outside of the CHHA. The properties owned by The Botanical Garden, Inc. and shown on Exhibit B shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Within one year of the effective date of this amendment establishing the Bayshore/Gateway Triangle Redevelopment Overlay, the properties to be developed with a botanical garden or other non-residential use, will be rezoned from the present residential zoning districts to a non-residential zoning district(s). No portion of the 593 dwelling unit density bonuses within the CHHA can be utilized until a cor~'esponding number of dwelling units has been rezoned from the botanical gardens site(s), as provided for above. The following changes are needed to clarify the intent of the overlay in other sections of the Future Land Use Element. *words underlined are added; words struc.m-.-~rough are deleted Page 11 Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay D. Bayshore/Gateway Triangle Redevelopment Overlay Page 17 and 18 I. URBAN DESIGNATION Urban Designated Areas will accommodate the following uses: Residential Uses including single family, multi-family, duplex and mobile home. The maximum densities allowed are identified in the Districts~-a¢~l Subdistricts and Overlays that follow. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict and in the Bayshore/Gateway Triangle Redevelopment Overlay. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 19 2. Urban Coastal Fringe Subdistrict In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 22 DENSITY RATING SYSTEM The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Page 24 1. Mixed Use Activity Center Subdistrict The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodat~ *words underlined are added; words ~ are deleted ^~E"~^ ~,~ ~ · ,d, toN°' .-/-~J / DEC 1 2 2000 avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. CP-2000-1 FLUE text F, GMP PerSons, CP-2000-1 deb/11-29-00 *words underlined are added; words struck-Brough are deleted DEC 1 2 2000 T4IS EXECUTIVE SUMMARY PUD-99-28, KAREN BISHOP OF PMS, 1NC. OF NAPLES, REPRESENTING VANDERBILT PARTNERS lI, LTD., REQUESTING A REZONE FROM RSF-3 (3), A(ST), RMF-6 ST (3), RMF-6 (3), RFM-12 ST (3), RSF-3, RSF-3 ST, RSF-4 (3), AND RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD AND VANDERBILT DRIVE, IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532* ACRES. OBJECTIVE: That the Collier County Board of Commissioners render a decision relative to a petition to rezone certain lands as herein described from RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RSF (ST) (3), RSF-3, RSF-4 (3) and RSF-4 to PUD, Planned Unit Development, consisting of 5324- acres for a multiple family high and low rise residential use with golf course and related recreational amenities community. CONSIDERATIONS: The property includes land lying on both the east and west sides of Vanderbilt Drive. The portion of the land lying east of Vanderbilt Drive also lies immediately north of Wiggins Pass Road and generally includes the entire ~A of Section 16 (i.e. 160-J= acres). The land area lying west of Vanderbilt Drive includes a land mass lying north and south of a group of land uses which include the Wiggins Pass Marina, Cocohatchee River Park, Pelican Isle, Island Marina Tower and Anchorage Condominiums. The development strategy reflected in the Cocohatchee Bay PUD is that of a high rise multiple family community in which the residential towers are in total located west of Vanderbilt Drive. The land located in the N.E. quadrant (i.e. plus 160 acres) of Vanderbilt Drive and Wiggins Pass Road is to be developed as a golf course, however, three holes of the 18-hole golf course will be located along the west side of Vanderbilt Drive. A portion of the land lying east of Vanderbilt Drive, a rectangular parcel running out to U.S. 41 (i.e. approximately 300 feet by 1200 feet will be used for low rise multiple family housing. The largest portion of the total landmass will be placed in a conservation easement. DEC 1 g ZOO0 GROWTH MANAGEMENT PLAN CONSISTENCY: Land Use: The subject property is located within the Urban Residential-Mixed Use designated area of~ the FLUE. The urban residential area allows all manner of residential housing structure types, certain essential services associated recreational uses and other uses normally found in residential neighborhoods such as churches, schools, day care center and the like subject to conditional approval. The Cocohatchee PUD as proposed is entirely to be developed as a residential community of multi- family structures together with supporting and accessory recreation amenities including a golf course and related clubhouse and recreational uses. Density: This petition requests approval of no greater then 590 dwelling units (albeit the original petition was advertised for 590 dwelling units). This equates with a density of 1.10 dwelling units per acre. All of the land area is zoned to allow three (3) dwelling units per acre with the exception of 161 acres which is zoned RSF-4, and therefore allows 4 dwelling units per acre. The current zoning would allow a considerably greater number of dwelling units than are being requested, therefore, this petition is consistent with the Future Land Use Element. Traffic: A consistency analysis must begin with the automobile trips that could be generated based on the current zoning of the land and comparing that with the proposed development. When that analysis is made we have to conclude that no greater volume of traffic will be generated with the proposed development. Based on this analysis, the site generated trips on Vanderbilt and Wiggins Pass Road will be less than may currently be generated, therefore, site generated trips do not exceed the significance test standard (5 percent of LOS "C" design volume) and do not lower the level of service within the projects radius of development influence to the extent otherwise allowed by policies in the Traffic Element and in consideration of the scheduled widening of U.S. 41 (north of Wiggins Pass) to six (6) lanes. Conservation and Coastal Management Element: Analysis of the conservation and coastal management element took into account all applicable objectives and policies. These are enumerated in the environmental advisory council staff report which is attached to this report. Conditions of approval will ensure that the project as it is developed will be consistent with the objective and policies of the conservation and coastal management element. Open Space/Recreation Element - Approximately ninety (90) percent of the land area will be devoted to qualifying open space. This includes the golf course, preserve areas and water bodies. Recreational opportunities are provided for project residents, however, consistency with the recreational service provision of this element is achieved through impact fees. This petition as designed is consistent with the open/space recreation element. Sanitary Sewer and Potable Water Elements - The PUD is consistent with the sanitary sewer and potable water element of the GMP as it incorporates the use of the county sanitary sewer collection system and potable water supply system. No. DEC 1 2.000 Drainage Element - Projects of this size are subject to approval of the SWFWMD. Compatibility - Relative to an evaluation of compatibility the proposed high rise structures will not be within close proximity to any low-rise residential development. Where low-rise development is proposed it lies next to a similar development (i.e. Tarpon Cove). In staff,s opinion the development strategy proposed is compatible with the surrounding area. While the lay person generally construes high-rise residential structures as having major significance for measures of compatibility, nonetheless, the legal bases for determining compatibility does not include differences in height of buildings, but rather is a measure between opposite land uses (i.e. commercial ne it to residential). Interconnectivity - Interconnectivity with adjacent development to facilitate alternative routes to the county's major road system is not applicable given the orientation of the project to the major roads (i.e. Vanderbilt Drive, Wiggins Pass Road and U.S. 41 N). Transportation Serx, ices staff has reviewed the Cocohatchee PUD for transportation impacts and has recommended that impact fee credits not be paid for the reservation of the right-of-way required for the future east-west segment of Livingston Road from N. Tamiami Trail to Vanderfbilt Drive. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Impact Fees Residential Units Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: Golf Course $578.00 per unit x 590 du's = $180.52 per unit x 590 du's = $0.15 per Sq. Ft. of bldg. area ~ 800 SF x 0.15x 590 = $827 per unit x 590 du's = $1147 per unit x 590 = $.005 per Sq. Ft. of bldg. area ~ .005 x 1800 x 590 = $14.00 per unit x 590 -- $0.005 per Sq. Ft. of bldg. area 6.005 x 1800 x 590 = $2.00 per unit x 590 = SUB-TOTAL IMPACT FEES $ 341,020.00 $ 106,507.00 $ 159,300.00 $ 487,930.00 $ 676,730.00 $ 5,310.00 $ 8,26O.00 $ 5,310.00 $ 1,180.00 $1,701,547.00 Road Impact Fee: 18-holes = TOTAL $ 156,334.00 $1,85 7.881 DEC 1 g 2000 In addition to the impact fees described, there are building 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 the County utilities. Finally additional revenue is generated by ad valorem taxes. The amount of revenue generated by the ad valorem tax depends on the value of the improvements. 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 3evelopment project. Notwithstanding fiscal impacts, development takes place in an environment of concurrency relationships. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirement of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: This petition was reviewed by all county jurisdictional agencies and their recommendations have been embodied in the PUD document. Planning Services staff prepared a technical report which was presented to the Collier County Planning Commission on November 2, 2000. Planning Services staff recommended approval of this petition to the CCPC as described in the PUD document and master plan for Cocohatchee Bay. EAC RECOMMENDATION: At the time this executive summary was prepared the EAC had not heard the petition due to a lack of quorum at its scheduled November 1, 2000 meeting. The report of the Environmental staff to the EAC is included with this executive summary. Recommendations of said environmental staff has been incorporated into the Cocohatchee PUD and Master Plan, which will be considered by the EAC at their scheduled December 6, 2000 meeting. Staff will advise the Board of Commissioners verbally on December 12, 2000 of the recommendation of the EAC. DEC 1 g ooo CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on November 2, 2000. They unanimously recommended approval of Petition PUD-99-28 as described by the Cocohatchee Bay PUD document and master plan exhibit to the draft Ordinance of Adoption. A number of persons spoke in opposition to the approval of this petition and consequently it is scheduled to be heard on the regular agenda. PRE,~ED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE REVIEX~ED BY: .?/.' ? NORMAN FEDER, AICP, ADMINISTRATOR TRANSPORTATION DIVISION DATE APPROVED BY: JOHN M~ DUNNUC[K, III, INTERIM ADMINISTRATOR COMMI)NITY DE¥. AND ENVIRONMENTAL SVCS. g 'ad mm P U D-99-28 RN 'im DATE DEC I 2 MEMORANDUM AGENDA ITEM 7-J TO: FROM: DATE: PETITION NO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 27, 2000 PLVD-99-28, COCOHATCHEE BAY Agent: Karen Bishop PMS Inc. of Naples 2335 N. Tamiami Trail, Suite 408 Naples, FL 34103 Owner: Vanderbilt Partners II, Ltd. 5551 Ridgewood Drive, Suite 203 Naples, FL 34108 REQUESTED ACTION: That the Collier County Board of Commissioners render a decision relative to a petition to fezone certain lands as herein described from RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RSF (ST) (3), RSF-3 (3), RSF-4 (3) and RSF-4 to PUD, Planned Unit Development, consisting of 532+ acres for a multiple family high rise residential use with golf course and related recreational amenities community. GEOGRAPHIC LOCATION: The property includes land lying on both the east and west sides of Vanderbilt Drive. The portion of the land lying east of Vanderbilt Drive also lies immediately north of Wiggins Pass Road and generally includes the entire 1/4 of Section 16 (i.e. 160-~ acres). The land area lying west of Vanderbilt Drive includes a land mass lying north and south of a group of land uses which include the Wiggins Pass Marina, Cocohatchee River Park, Pelican Isle, Island Marina Tower and Anchorage Condominiums (See location map on following page). 1 AGENDA,,4TEM No, DE C 1 2 ?.oo0 DEC .1. ~ 20[}0 PURPOSE/DESCRIPTION OF PROJECT: The development strategy reflected in the Cocohatchee Bay PUD is that of a high rise multiple family community in which the residential towers are in total located west of Vanderbilt Drive. The land located in the N.E. quadrant (i.e. plus 160 acres) of Vanderbilt Drive and Wiggins Pass Road is to be developed as a golf course, however, three holes of the 18 hole golf course will be located along the west side of Vanderbilt Drive. A portion of the land lying east of Vanderbilt Drive, a rectangular parcel running out to U.S. 41 (i.e. approximately 400 feet by 1200 feet will be used for low rise multiple family housing. The largest portion of the total land mass will be placed in a conservation easement. SURROUNDING LAND USE AND ZONING: Existing: The property has an irregular boundary line. Surrounding: North - Residential developments include North Falling Water Beach Resort (multiple family), Glen Eden (single-family) and Arbor Trace (multiple family). West The west boundary is the waterway of the intercoastal waterway system which nevertheless, is zoned A-ST and Con-ST. South - The south boundary abuts the northern preserve system of the Dunes PUD from Vanderbilt Drive to the Intercoastal Waterways. East of Vanderbilt Drive the south boundary lies opposite the Wiggins Bay PUD. East - The east boundary includes the Preserve area of the Wiggins Bay PUD, the Anchorage Condominium, Marina Bay Tower, Pelican Isle and Wiggins Pass Marina zoned PUD, RT, CF and Co4 respectively. The eastern boundary of the project lying north of Wiggins Pass Road lies adjacent to the Tarpon Cove PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Element: Land Use: The subject property is located within the Urban Residential-Mixed Use designated area of the FLUE. The urban residential area allows all manner of residential housing structure 2 AGENDA I~EI~ DEC 1 2 2000 types, certain essential services, associated recreational uses and other uses normally found in residential neighborhoods such as churches, schools, day care center and the like subject to conditional approval. The Cocohatchee PUD as proposed is entirely to be developed as a residential community of multi-family structures together with supporting and accessory recreation amenities including a golf course and related clubhouse and recreational uses. Density: This petition request approval of no greater then 580 dwelling units (albeit the original petition was advertised for 790 dwelling units). This equates with a density of 1.02 dwelling units per acre. All of the land area is zoned to allow three (3) dwelling units per acre with the exception of 161 acres which is zoned RSF-4, and therefore allows 4 dwelling units per acre. The current zoning would allow a considerably greater number of dwelling units than is being requested, therefore, this petition is consistent with the Future Land Use Element. Traffic Element: The ITE Trip Generation Manual (6~' Edition) Rate Tables indicate that the proposed project will generate the following traffic: PHASE ONE (YEAR 2002) UNITS LAND USE TRIPS AM PEAK PM PEAK 18 Holes Golf Course 643 ADT 40 49 125 Units M.F. Residential 787 ADT 61 74 Total Trips: 1,430 ADT* 101 123 The Total Trips are adjusted to account for 10 percent seasonal occupancy. As a result, the total adjusted site generated trips in Phase I are: 1,287 ADT. PHASE TWO (YEAR 2006) UNITS LAND USE TRIPS AM PEAK PM PEAK 18 Holes Golf Course 643 ADT 40 49 580 Units M.F. Residential3,654 ADT 194 342 Total: 4,297 ADT* 234 391 The Total Trips are adjusted to account for 15 percent seasonal occupancy. As a result, the total adjusted site generated trips in Phase II are 3,867 ADT. The currently approved RSF-3, RSF-4, RMF-6 and RM~-12 zoning could allow approximately 1,758 dwelling units. If developed with multi-family dwellings, the resulting site-generated trips are estimated to generate approximately 9,849 ADT. Therefore the difference in site generated trips from the proposed PUD at buildout versus the existing residential zoning will result in a 3 AGENDAJI:EIM ! DEC 1 ~ 2000 reduction of 5,977 daily trips. Based on this analysis, the difference in site-generated trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US 41 or on Vanderbilt Drive. However, U S 41(north of Wiggins Pass Road) is currently operating below its adopted level of service. Since this segment is scheduled to be improved to 6-lanes by 2003, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. CONSERVATION AND COASTAL MANAGEMENT ELEMENT: Analysis of the conservation and coastal management element took into account all applicable objectives and policies. These are enumerated in the environmental advisory council staff report which is attached to this report. Conditions of approval will ensure tha: the project as it is developed will be consistent with the objective and policies of the conservation and coastal management element. Open Space/Recreation Element - Approximately ninety (90) percent of the land area will be devoted to qualifying open space. This includes the golf course, preserve areas and water bodies. Recreational opportunities are provided for project residents, however, consistency with the recreational services provision of this element is achieved through impact fees. This petition as designed is consistent with the open/space recreation element. Sanitary Sewer and Potable Water Elements - The PUD is consistent with the sanitary sewer and potable water element of the GMP as it incorporates the use of the county sanitary sewer collection system and potable water supply system. Drainage Element- Projects of this size are subject to approval of the SWFWMD. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located within an area of historical/archaeological probability as desi[,mated on the official Collier County Probability Map. Therefore, a historic/archaeological survey and assessment is required. As a result, the applicant submitted a Cultural Resource Assessment Survey that was prepared by Archaeological Consultants Inc. This survey indicates that no archaeological or historical sites were found within the subject site. Based on ttfis information, the PUD Document shall contain the following information: 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 ENIRONMENTAL, TRANSPORTATION AND IN}RASTRUCTURE: 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 m Services staff and the Transportation Division and Public Utilities Division 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 County board of Commissioners. Staff has requested additional right-of-way improvements to Vanderbilt Drive. The PUD acknowledges this requirement. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. 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 area specifically located in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. 5 AGENDA~TEI~ NO.~ I DEC 1 2 2000 PO. - 1 / Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Use - 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. It is important to recognize that the land, which is the subject of this petition, is zoned for an urban use. All of the properties included in this petition are zoned for residential purposes which in the aggregate could result in developments of up to 1,758 dwelling units. The development strategy proposed by this petition will result in 580 dwelling units, for a density far less than is otherwise allowed. The intent of the rezoning action to convert standard residential zoning districts to a PUD residential zoning district is for the purpose of introducing development standards that are different than those that apply to the current zoning districts. For example, most of the developable land is zoned RSF, Residential Single-Family, and therefore development is limited to single-family housing with a maximum building height of 35 feet. The question that begs an answer is whether or not the development strategy proposed, essentially one of a few high rise residential structures is more environmentally friendly as well as being compatible with the area. Relative to the impact upon the natural qualities of the area it is staff's opinion that the project as proposed is far less invasive upon the natural qualities of the area than would result from a standard single-family type of subdivision activity. The amount of open space preservation and open space enhancements would be far less with conventional subdivision development. Relative to an evaluation of compatibility the proposed high rise structures will not be within close proximity to any low-rise residential development. Where low-rise development is proposed it lies next to a similar development (i.e. Tarpon Cove). In staff's opinion the development strategy proposed is compatible with the surrounding area. While the lay person generally construes high rise residential structures as having major significance for measures of compatibility, nonetheless, the legal bases for determining compatibility does not include differences in height of buildings but rather is a measure between opposite land uses (i.e. commercial next to residential). Urban design principles do not support a conclusion that there is anything bad or good about high rise buildings and their relationship to low-rise buildings is a design challenge as opposed to a measure of compatibility. There are many examples of a mixture of high rise and low-rise structures which are very successful urban design projects that clearly demonstrate their compatibility with one another. More importantly are the design and development standards that are applied to ensure that the building makes an important urban design statement, and provides adequate space for circulation of air, penetration of sunlight, and enhanced view corridors. Those requirements are mandated in the PUD through the standard that requires space between buildings to be increased proportionate to the height of the buildings. The greater the height the more space is required between buildings. Additionally, best site master design solutions go a long way to reducing the perceived distance between buildings when buih: .......,h~,,- than parallel to one another. No. ,z~ ~) t 6 DEC 1 2 2000 The opposite to this is a low profile building which covers a far greater proportion of the land and effectively blocks all views of the site and adjacent natural resources. From an off-site point of view the suggestion high rise building in a horizon plane is more or less offensive than low- rise buildings near the travelway. Specifically, with respect to high rise residential towers, by precedence, and therefore implicit policy, there has been an acknowledgment that such development is acceptable in Coastal Collier County as evidenced by the numerous high rise residential buildings that have a view of the Gulf of Mexico and the intercoastal waterway. Traffic - This petition has been evaluated for consistency with the Traffic Circulation Element and has been found to be consistent. This confirms that project traffic will not exceed the thresholds by which projects can be denied, delayed or phased based on traffic impacts. The petitioner has consented to prov:de twenty-five (25) feet of additional right-of-way along all Vanderbilt Drive frontages. This will provide the County with a cross-sectional width of 150 feet which should accommodate future highway and highway landscaping plans. Access points are limited to one along Vanderbilt Drive for the west side development. The land area lying east of Vanderbilt Drive will be accessed from Wiggins Pass Road. In all cases turn lanes are required together with compensating right-of-way. ENVIRONMENTAL ISSUES: A companion Environmental Advisory Council staff report indicates the property has considerable environmental features that are subject to regulation by local, state and federal governmental agencies. The enhancement and preservation of these environmental features played a major role in determining the plan of land uses and alteration of the natural features. The PUD as proposed greatly exceeds the 25% native vegetation requirement by providing for more than 232 acres of preservation lands, and 98 acres of estuarine waters, protected in perpetuity by conservation easements. Staff is of the opinion that the development strategy proposed is better in terms of protecting environmental resources than would be the result of a conventional residential subdivision, particularly in light of the fact that regulation allows for mitigation that could otherwise allow natural features at the subject area to be altered for development purposes. Regulations provided within the PUD speaks to the existing presence of a bald eagle nest and establishes a management plan to ensure that the viability of the nest is unaffected by actions of man. The result of this measure is that a major portion of the residential development potential will not be able to go forward until such time as the eagle nest is abandoned or otherwise altered by natural conditions. OPEN SPACE -Approval of this petition offers an opportunity to preserve a large portion of the land lying between Vanderbilt Drive and the inner coastal waterway system in perpetuity. The set aside area far exceeds the required 60% open space requirement for PUD rezoning actions. When project landscaping and open space is taken into account over 90% of the project area is AGENDA/fTEM devoted to open space. no. ~,J'( ~jJ ! 1 2 ooo 7 INFRASTRUCTURE: All of the land is located within the County's sewer and water area and service is to be extended to project buildings. The water management aspects of this project will be reviewed and permitted by the SFWMD. During the site development plan approval or platting process any approved plans will be required to be consistent with all relevant provisions of the LDC. This project as structured is consistent with the Sewer and Water utility elements. COMMUNITY SERVICES SLIPPORT FACILITIES: Police, Fire and Emergency services are readily available. F~re and police protection services are located on Vanderbilt Drive at 9t~ Street and on Vanderbilt Beach Road. A large number of shopping oppommities are within one mile of the property. Medical offices and hospital are readily available. MASTER PLAN AND PUD DEVELOPMENT STANDARDS: Master Plan: The Master Plan design is dictated by natural features preservation goals and is therefore designed in harmony with its natural environment to the greatest extent possible while respecting the property owners right to enjoy a reasonable development expectation. PUD Regulations: The PUD development regulations provide development standards typically applied to multi-family (low-rise and high rise) residential structures. No single-family detached housing product is permitted. Of greatest concern is the desire for an appropriate separation between buildings to enhance to the greatest extent view corridors. Relative to the proposed twenty (20) story structures the minimum separation will be one-half the sum of the height of buildings opposite one another. This separation provides an enhanced view corridor because buildings are angled to one another giving the perception that the space is then greater. High rise structures will be setback a distance of 200 feet from Vanderbilt Drive. The low rise multiple family housing lying west of U S 41 N will be setback from U S 41 N a minimum distance of fifty (50) feet. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-28. 8 AGENDA,(TEM N~. /.~..,~ DEC I 2 2000 ROlICALb-F. lq~(lc~ AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR DATE J(~N M. DUNNUC~,-III, INTERIM ADMINISTRATOR Cq~WI~Y D~:V. AND ~NVmO~~AL SVCS. Petition Number PUD-99-28 Staff Report for the November 16, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE 9 AGENDA~TE~ n°.~l FINDINGS FOR PUD PUD-99-28 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) Intensifying land development pattems produces economies of scale relative to public utilities, facilities, and services, which are currently available in this area. (ii)The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 2000 made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: (i) Evaluation not 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 entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Finding: The subject property is designated Urban Mixed-Use-Urban- Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growtar Management Plan, as noted below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density_ - Approval would authorize five hundred and eighty (580) dwelling units whose density would be 1.02 dwelling units per acre. This is consistent with the density rating system to the FLUE. Land Use - The urban residential sub-district allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses, golf course, clubhouse and dining facilities when exclusively used by project residents. Traffic Circulation Element - Analysis of the subject petition concluded with a finding for consistency with the policies of the TCE. Recreation and Open Space Element- Approximately 483 acres of 90% of the land area is to be developed as open space. 2 DEC 1 2 ZOO0 This area is exclusive of the amount of open space that remains as each development parcel or tract or lot is developed. Said amount of open space is greater than the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development. Other applicable element(s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Cocohatchee PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designated to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount c; open space set aside by this project is consistent with 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. 3 DEC 1 g zooo Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See finding No. 1, also applicvble 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 infrastracture such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely; because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fi~om development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. g/admin/PUD-99-28/RN/im -4- AGENDA,,VTEM No, / ~ ~1 / DEC 1 g 2O0O REZONE FINDINGS PETITION PUD-99-28 Division 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. Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation a well a the adopted CCPC staff report addresses this same finding. The existing !and use pattern. Existing: The property has an irregular boundary line. Surrounding: North - Residential developments include North Falling Water Beach Resort (multiple family), Glen Eden (single-family) and Arbor Trace (multiple family). West The west boundary is the waterway of the intercoastal waterway system which nevertheless, is zoned A-ST and Con-ST. South - The south boundary abuts the northern preserve system of the Dunes PUD from. Vanderbilt Drive to the Intercoastal Waterways. East of Vanderbilt Drive the south boundary lies opposite the Wiggins Bay PUD. AG EI~IDA,,ITr~ DEC 1 2 2000 5)-o East - The east boundary includes the Preserve area of the Wiggins Bay PUD, the Anchorage Condominium, Marina Bay Tower, Pelican Isle and Wiggins Pass Marina zoned PUD, RT, CF and C-4 respectively. The eastem boundary of the project lying north of Wiggins Pass Road lies adjacent to the Tarpon Cove PUD. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development supports the timing relationship and justifies revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. 2 AGEND~ ITEM DEC 1 2 ooo Pg. ?/ Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a natural atmosphere. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. Con: (i) As urban intensification increases, there is some loss of comfort and eat of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. 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-B-ur£? '::.~_~ _} DEC !32000] 3 p;. _.~::z. _ / 10. 11. generated by developmental activities as a condition of approval. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet-flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. -4- DEC 1 2 ooo 12. 13. I4. 15. Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval proce:ss and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrenee to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Finding6: The subject is zoned to allow a significantly greater number of housing units than is being requested. The land could be developed to the requested density, however the height of buildings would be less than is requested which would demand a more horizontal form of development. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. 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. High rise residential structures are separated from off-site low-rise residential structures by considerable distances. 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. -5- 1 zooo 16. 17. NOTE: Findings: This site is zoned for residential purposes. Whether or not there are other similarly zoned residential areas is irrelevant. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Findings: strategy. Evaluation not applicable. The site will be altered to the extent necessary to execute the development 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. Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g/admin/PUD-99- 28/RN/im Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 1, 2000 II. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Petition No. PUD-99-28 Cocohatchee Bay PUD Signature Communities, Inc. Johnson Engineering, Inc. Turrell & Associates, Inc. LOCATION: The subject property is located at the northeast comer of Wiggins Pass Road and Vanderbilt Drive and also along the west side of Vanderbilt Drive going from the northerly boundary of the Dunes PUD to the southerly boundary of the Arbor Trace PUD, within Sections 8,16,17 and 20 Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING N - Arbor Trace PUD S - The Dunes PUD E - Tarpon Cove PUD Wiggins Bay PUD W - CON - ST (Delnor - Wiggins State Recreation Area) DESCRIPTION Residential Residential Residential Residential Developed park site DEC 1 2 2000 EAC STAFF REPORT Page 2 of 12 November 1, 2000 IV. PROJECT DESCRIPTION: The Cocohatchee Bay PUD describes a multiple family high rise residential community as part of an 18 hole golf course community together with an extensive plan of natural features preservation. The residential component lies several hundred feet west of Vanderbilt Drive and is intended to provide for up to 799 dwelling units in said area west of Vanderbilt Drive. The golf course includes a clubhouse and related recreational facilities. The natural preservation areas are extensive and when combined with the golf course represents an open space commitment of ~ 1% of the total land area. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Urban-Mixed Use Residentially designated area on the Future Land Use Map to the Future Land Use Element. Property so designated may be rezoned to a residential zoning classification which allows mixed residential uses and a golf course and supporting recreational uses. Land within this area qualifies for up to 3 dwelling units per acre. The total land area included in this application is 532 acres, which would authorize a substantially greater number of dwelling units than is requested with this application. This proposed density is 1.5 dwelling units per acre, therefore this petition is consistent with the FLUE. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fi'esh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. EAC STAFF REPORT Page 3 of 12 November 1,2000 With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory az~d the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project i~as included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wet/ams, should the wetlands alone constitute more than 25% of the site. Exceptions shah be _~anted~_._~ parcels that cannot reasonably accommodate both the native vegetatic .~~sed activity". "/9-(.. t~.) ~ DEC 1 2 ZOO0 EAC STAFF REPORT Page 4 of 12 November 1, 2000 This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. Policy 7.3.3 states, "The County will continue to prepare management guidelines to be incorporated as stipulations and development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, wood stork habitat and other species of special concern". Policy 7.3.4 states, "Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of technical assistance to local government and the U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders". VI. MAJOR ISSUES: Water Management: This project's Water Management system consists of two drainage basins that discharge into the Cocohatchee/Water Turkey Bay/Wiggins Pass Estuary System. Both basins of this site use wet and dry retention/detention to achieve water quality and peak flow attenuation. Cocohatchee Bay straddles Vanderbilt Drive. The portion of the site west of Vanderbilt Drive drains to the west and through spreader swales into the preserve. The portion of the site east of Vanderbilt Drive sits within the Collier County Water Management Department's "Wiggins Bay Basin" study area. The drainage of this portion is to the South and East, under Wiggins Pass Road and through a slough that is constricted as it flows south behind the Wiggins Lake P.U.D. The Engineer for that study, done in 95'/96' (Agnoli, Barber, and Brundage) is also the Engineer for this project. The County Water Management Department has plans to install a large (72"?) pipe Gulfshore Road to alleviate the condition. The system is c ~cntk~x~,~a desi~ by AB&B. ~'/~f DEC 1 ZOO0 .... pg. 7 - along study EAC STAFF REPORT Page 5 of 12 November 1,2000 Environmental: Site Description: The following excerpt is from the environmental consultant's report: The proposed Cocohatchee PUD (aka Kinsale) project encompasses a total of approximately 530 acres in northern Collier County west of U.S. 41. The site is located east and west of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive. The western parcel of land consists of a large stand of mangrove swamp and open water as well as a diverse collection of vegetative communities such as bay head, coastal scrub, and pine flatwoods. The eastern parcel of the property is also undeveloped and consists of vegetative communities such as cypress swamp, wet prairie, coastal scrub, and pine flatwoods. The subject site consists of 156.72 acres of uplands, 272.54 acres of wetlands, and 100.64 acres of other surface waters. Most of the uplands represent the remnants of a coastal dune system present on both sides of Vanderbilt Drive, and a small area just adjacent to US 41. This habitat is dominated by pine and typical scrub vegetation such as scrub oaks, rusty lyonia, rosemary, pennyroyal, and saw palmetto. The area is relatively disturbed due to widespread use by off road vehicles. Numerous trails traverse the area and the native vegetation has been adversely impacted to varying degrees. Flatwoods on the western side of the road were subject to burning approximately four years ago that killed almost all of the established pine trees in a 14-acre area. These upland communities have also been impacted by off-road vehicle use and dumping. The remaining uplands consist of a couple of small live oak hammocks consisting of live oak, saw palmetto, and grapevine. Of the entire site 19.76 acres of uplands, 213.9 acres of mixed wetlands and 98.25 acres of estuarine waters will be preserved. An additional 34 acres of uplands and 11 acres of wetlands will be protected within the eagle's primary and secondary protection zones. The connectivity of the project site to the Wiggins Pass estuary system and the importance of this to wildlife have been mentioned. Another feature incorporated into the site design is an underpass for golf cart traffic under Vanderbilt Drive, which as a busy highway currently forms an obstacle to transient species and effectively separates the two halves (west and east) of the project. Wildlife will be able to use this safely to maximize available habitat. Development of the subject site will need to be closely coordinated with the state and federal wildlife agencies. Andy Eller of the U.S. Fish and Wildlife ber'sSmmwit~vicw No. DEC 1 2000 .., ~j. ,..3o E, AC STAFF REPORT Page 6 of 12 November 1, 2000 the site plan and proposed development plan to assure that no adverse impacts will occur to any federally listed wildlife species. Representatives of the Florida Fish and Wildlife Conservation Commission will also review and comment on the site plan and assure that adverse impacts to any state listed plants or animal species will not occur. The proposed usage of the site as a golf course should not adversely affect any state or federally listed species. The development of residential buildings around the existing eagle nest will have to be coordinated with the appropriate wildlife agencies. The proposed residential plans as currently contemplated will not be possible under current regulations unless the deteriorated condition of the nest tree causes the eagles to relocate for future nesting seasons. A minimum of two to five years will be needed to insure that the eagles, should they relocate, have no interest in returning to the current nest site. Preservation and enhancement of wetland areas on-site, coupled with no residential component within the golf course layout, will increase their usefulness as feeding/foraging areas for transient and resident species on the site. Wetlands: The largest block of the on-site wetlands (178.55 acres) consists of mangrove swamps adjacent to open water channels both north and south of Wiggins Pass. This is an estuarine system whereby the waterway bottoms and mangrove areas below the mean high water elevation are State Sovereign Submerged Lands. Four other contiguous wetland areas form the transitional zone between the uplands and the mangroves. These areas are disturbed to varying degrees by exotic infestation. A Brazilian pepper fringe (1.66 acres) runs immediately adjacent to the mangroves and an Australian pine island (1.26 acres) is also located within the mangroves. The salt marsh (3.1 acres) comprised of black needle rush, and a bay head (13.80 acres) comprised of bay, holly, and occasional oak trees with a Brazilian pepper, myrsine and wax myrtle midstory make up the remainder of the transitional area. Most of the remaining wetlands are freshwater wetlands located east of Vanderbilt Drive. Hydric pine flatwoods (39.24 acres) consisting of slash pine, dahoon holly, myrsine, wax myrtle, and swamp fern is the dominant community type. Another prevalent wetland community is cypress consisting of cypress, dahoon holly, wax myrtle, swamp fem, and sawgrass. The remaining wetland areas consist of freshwater marsh (4.50 acres of willow and sawgrass areas), wet prairie (2.74 acres of various grasses and sedges), melaleuca (1.31 acres), and a small area of mixed wetland hardwoods (0.81 acres of cypress, holly, bay, and maple trees). Other surface waters include a 2.39 acre borrow pit, and 98.25 acres of estuarine waters. The waters include open channel both north and south of Wiggins Pass as well as shallow bay waters between the channels and mangroves. The waters include several seagrass colonies and oyster bars mostly located adjacent to the mangrove islands within the project boundaries. All contiguous waterways within the project boundaries have been designated Outstanding Florida Waters. - AGENDA, ~TE~. No. / ~._...~....~ DEC 1 2 Z000 EAC STAFF REPORT Page 7 of 12 November 1, 2000 Preservation Requirements: The PUD as proposed greatly exceeds the 25% native vegetation requirement by providing for more than 232 acres of preservation lands and 98 acres of estuarine waters (within the 530 acre PUD), protected in perpetuity by conservation easement. Listed Species: The following are excerpts fi:om the consultant's report. "A survey was carded out on the subject property, according to guidelines of the Florida Fish and Wildlife Conservation Commission, to consider potential effects of the proposed project on any state or federally listed species that may utilize the site for feeding/foraging and/or nesting. Fieldwork took place in August and November 1999, and March, June and August 2000 with a total of 72 hours spent on site, so far, devoted to wildlife survey. Field time was spent in at least 2 1/2 hour blocks during early morning (sunrise), mid-morning (9-11), mid-day (11-2), late alternoon (2-5), and evening (sunset). Please refer to the Threatened and Endangered Species survey for a complete list of all wildlife observations on site. Discussion here is limited to listed species. While the mixed habitat type and proximity to the coast explains the high diversity of species, particularly birds with many woodland and coastal species, a summary of the listed species observed is as follows; Bald Eagle Snowy Egret Great Blue Heron Green Heron White Ibis* Gopher Tortoise Haliaeetus leucocephalusFT Egretta thula SSC Ardea herodias SSC Butorides striatus SSC Eudocimus albus SSC Gopherus polyphemusST The presence of gopher tortoise burrows necessitates consideration of the Eastern indigo snake, Drymarchon courais couperii, a federally listed species and a ,,-~-~ ~ ~ENI~'A ~TEM inhabitant of the burrows. The remainder of this report will focus on the T~;/~I DEC 1 2 7000 EAC STAFF REPORT Page 8 of 12 November 1,2000 species: the Bald Eagle, Gopher Tortoise and Indigo snake. Also, while no observations were made in the estuarine water of the site, it must be assumed that occurrence of the West Indian Manatee (Trichechus manatus) and Bottle-nosed Dolphin (Tursiops truncatus) is possible if not probable. (Bald Eagle) An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. The parent birds fledged one hatchling in 1998-99 and two young during the 1999-00 season. The young were successfully reared and both left the nest in April of 2000. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west. All of the established trees between the nest tree and Vanderbilt Drive have died, most likely due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of pedestrian and vehicular traffic along Vanderbilt Drive. Due to the deteriorating condition of the tree and the known preference of living trees as nest s~ is not expected that the eagles will continue to use the nest for mor 1 zooo EAC STAFF REPORT Page 9 of 12 November 1,2000 years at the most. It is more likely tha'c a storm with heavy winds will either destroy the tree supporting the nest, or destroy the nest itself. It is not clear where the eagles will try to construct a new nest if this occurs. However, an effort was made by the parent birds to construct a new nest adjacent to the existing marina early in the '99-'00 season but these efforts were unsuccessful. Specific observations were made during the past two nesting seasons to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were consistently to the south and southwest from the nest tree regardless of the time of day or weather conditions. Several other dead pines around the nest served as perches for the parents during the nesting season." (gopher tortoise) Gopher Tortoises utilize three distinct areas of this site. The scrub / pine flatwoods west and contiguous to Vanderbilt Drive, a swathe of pine flatwooods east of the road and a small area in the extreme north-east comer adjacent to U.S 41. Burrows were surveyed and classified as Active, Inactive, Abandoned or Collapsed according to Wildlife Methodology Guidelines of the Florida Fish and Wildlife Conservation Commission (FWCC). All burrows have been located by GPS and are shown on the attached map. The tabulated survey results are also attached showing burrow number, classification and relative size of the burrow. A summary of the results gives: Active burrows - 105 Inactive burrows - 89 Total active + inactive - 194 Abandoned burrows - 26 Collapsed burrows - 13 Total burrows - 233 To estimate the population of tortoises actually on the site a correction factor is applied to the number of active plus inactive burrows. This number reflects the habitat type and was taken from FWCC protocol. Using a correction factor of 4.8 gives an estimated 194/4.8 = 40.4 tortoises on site. Another population estimate utilizes a correction factor of 2.5 divided into the number active burrows. This estimation technique yields a population estimate of 105/2.5 = 42 tortoise on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit "Cocohatchee Bay PUD" with the following stipulations: Development Petition No. PUD-99-28, NO. ~ DEC 1 2 2000 EAC STAFF REPORT Page 10 of 12 November 1,2000 Water Management: That Cocohatchee Bay must receive a surface Water Management Permit from the South Florida Water Management District prior to any Site Development Plan or Construction Drawing Approval. Environmental: Amend 5.3 A 1, of the PUD document to read as follows, "Passive parks, passive recreational areas, boardwalks." Remove 5.3 A 3. Remove "and bathrooms" from 5.3 A 6 of the PUD document. Amend 5.3 A 7, of the PUD document to read as follows, "Drainage and water management facilities as may be required by SFWMD". Amend 5.4 A, of the PUD document to read as follows, "Setback requirements for preserves shall be in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25-foot setback from the boundary of such protected/ preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement grading plant alteration or removal or similar activity shall be permitted within such setback without the prior written consent of the development services director provided. In no event shall these activities be permitted within ten feet of the preserve boundary." Amend 7.3 C A to read as follows, "Reconfiguration of preserve areas, jurisdictional wetlands limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat". Amend 7.9 E of the PUD document as follows, "Petitioner shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species. Where protected species are observed on site, a habitat management plan for those species shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald eagle management plan and a gopher tortoise management plan are required for this site". The layout for the golf course shall be field adjusted to avoid or greatly minimize impacts to the large on site gopher tortoise population. This will be reviewed in greater detail when the gopher tortoise management/relocation plan has been finalized and submitted to Planning Services Section staff for review and approval. Remove the "Residential High Rise Tracts" designation on the currently an active Bald eagle's nest. As a requirement of the _-,-~-~1 where there is EAC STAFF REPORT Page 11 of 12 November 1, 2000 management plan there shall be protective covenants placed over the primary zone of the eagle's nest and restrictive covenants placed over the secondary zone of the eagle's nest. PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE BARBARA S. BURGESON SR. ENVIRONMENTAL SPECIALIST DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: DATE AGENDa, IT, t~ M DE0 1 2, 2.000 EAC STAFF REPORT Page 12 of 12 November 1,2000 JOHN M. DUNNUCK, III INTERIM COMMUNITY ADMINISTRATOR DEVELOPMENT & ENVIRONMENTAL DATE SERVICES AGENDA ITeM DEC 1 ~ ~ooo Pg. _37 Petition No.: APPLICATION FOR PUBLIC HEARING Illill I1~-'11 II~11il !Ill Da~ Petition R~ci~: ..................... Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Vanderbilt Partners ]l Ltd. Applicant's Mailing Address 5550 Ridgewood Drive, g203 City Naples State Florida Applicant's Telephone # ... 941-566-2800 Name of Agent Karen Bishop Agent's Mailing Address 2335 Tamiami Trail North, Suite 408 City Naples State Florida Zip 34108 Fax # 941-566-3840 Firm_PMS, Inc.of Naples Zip 34103 Agent's Telephone # 941-435-9080 Fax#.941-435-9082 COLLIER COUNTY COMMUNITY DEVELOPME1~ PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 T AGENDa, ITEM DEC 1 g 2000 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Adckess, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Vanderbilt Partners II, Ltd. 5551 Ridgewood Drive, Naples, FL 3,4108 Percentage of Ownership .100% APPLICATION FOR PUBLIC HEARING FOR PUD REZONE . 10/98 Date of Conu PA¢ f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address parties, list all g. Date subject property acquired ( ) leased ( ):Term of leaseyrs./mos. If, Petitioner has option to buy, indicate date of option: 4/26/99 and date option terminates: 30 Months, or anticipated closing date upon zoning approval. h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3.Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one 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 engineers certif']cation or sealed survey may be required. Section: 8, 16, 17, and 20 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: 4.Size of property: ft. X ft. ,= Total Sq. Ft. Acres 592 5.Address/general location of subject property: Wiggins Pass Road & Vanderbilt Dr. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 DEC 1 2 2000 PAGE 4 OF 16 6. Adjacent zoning and land use: Zoning Land use N PUD Residential SPUD Residential E PUD Residential W ~/q/5~ Florida State Parks Does the owner of the subject property own propcn'ty contiguous to the subject property?. If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the ~t~l~ 3.4 s~ m~r 6.12 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential Multi Family and Golf Course 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to criteria noted below. Include any backup materials and documentation in supoort request. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 :he the DEC 1 2 Zooo PAGE 5 OF 16 Standard Rezone Considerations (LDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policics 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. 1. 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 ( f ezone ) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the COUllty. 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 alter~~ would be required to make the property usabie for any of the ran~e of ~6ntigL4'~, es under the proposed zoning classification. I ~ '~ ~t~ ) I 17. The impact of development on the availability of adequate public facilities and sen,ices- consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (LDC Section 2.7.3.2.5~ The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. APPLICATION FOR PUBLIC }lEARING FOR PUD REZONE - 10/98 9.Deed Restrictions: The County is legally precluded from enforcing deed restrictions, 'however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existin~ deed~o. §t~. (l~s. DEC 1 g 2000 7 oF ,6 10.Previous land use petitions on the subject property: To your knowledge, has a public heating been held on this property within the last year? If so, what was the nature of that hearing? NO 11.Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the ' disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Z. PPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 AGEND& ITeM No. ~ DEC 1 2 2000, PAGE 8 OF 16 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.). Statement of utility provisions (with all required attachments and sketches); c. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; d o 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 }lEARING FOR pUD REZONE o 10/98 PAGE 9 OF 16 ~Projec~ Mcmc~e~en~ $erq[ces LEGAL DESCRIPTION FOR COCOHATCHEE BAY PARCEL 1 The southerly 548 feet of a tract of land lying in section 8, township 48 south, range 25 east, Collier County, Florida, said tract being described as: Beginning at the southeast comer of government lot 4, said section 8, run S 88° 24'40" W (shown in error as S 88°26'40" W in O.R. Book 68, Page 235; O.R. Book 87, Page 439 through 447; O.R. Book 167, Page 692; O.R. Book 218, Page 484; hereinafter cited as official records). along the south line of said government lot 4 and the westerly prolongation of said south line, for 776.71 feet, to an intersection with an agreed boundary line as recorded in O.R. Book 87, Pages 439 through 447 (Surveyor's note: Although O.R. Book 167, Page 692 and O.R. Book 218, Page 484 indicate that the agreed boundary line is found in O.R. Book 68, Page 235, the bearings and distances are in effect those recited in a later exchange of quit claim deeds O.R. Book 87, Pages 439 through 447), of the public records of Collier County, Florida; thence run N 29°11 '40" W, along said agreed boundary line, for 300 feet; thence run N 03000'00" W, along said agreed boundary line, for 961.43 feet (shown in error as 961.30 feet in the Official Records); thence run N 67°30'00" W, along said agreed Boundary line, for 1397.99 feet (shown in error as 1397.01 feet in the Official Records); thence run N 22°31 '00" W, (shown in error as N 22°30'00" W in the official records), along said agreed boundary line, for 944.72 feet;thence run north, along said agreed boundary line, for 99.92 feet, to an intersection with the westerly prolongation of the north line of government lot 3, said section 8; thence run N 00°08'53" E (shown in error as North in the Official Records), for 429.82 feet; thence S 59000'00" E, for 815.68 feet; to an intersection with said westerly prolongation of the north line of said Government lot 3; thence run N 89°12'20" E, along said westerly prolongation and along the north line of said Government lot 3, for 1907.82 feet to the Northeast corner of said Government lot 3, thence run S 00°23' 10" E, along the east line of said Government lot 3 and said Government lot 4, for 2744.30 feet, to the point of beginning. Plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. PARCEL 5 The Northwest IA of section 16, township 48 south, range 25 east, Collier County, Florida, excepting therefrom the rights-of-way for state roads S-865A (also known as Vanderbilt Drive) and S-865B (also known as Wiggins Pass Road). PARCEL 6 That part of the northerly one-fifth (being more particularly described by accurate survey as the north 268.54 feet) of the north IA of the northeast % of section 16, township 48 south, range 25 east, Collier County, Florida, which lies west of the right-of-way of US Highway 41 (also known as the Tamiami Trail). PARCEL 7 The east 1/2 of the northeast ¼ of section 17, township 48 south,' range 25 east, Cc excepting therefrom the right-of-way of state road S-865A (Vanderbilt Drive). AGENDA ITEM DEC 1 2 2000 23 } 5 l~i,~i lru,.i! N. - SuiTt 408,. N.~piE:S F L 34103 / (941 ) 4 ~, 5-9080 x6 - F~ (941 ) 4 ~ 5.9082 E-Mail: PMSMdissa@~,oLco~ plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. PARCEL 8 Beginning at the southeast comer of section 17, township 48 south, range 25 east, Collier County, Florida, run N 89054'20TM W, along the south line of said section 17, for 2839.52 feet to an intersection with an agreed boundary line as recorded in O.R. Book 68, Page 235 through 250 of the public records of Collier County, Florida; thence run N 01030'05" E, along said agreed boundary line. for 1298.70 feet (shown in error as 1300.00 feet, in O.R. Book 167, Page 167, Page 642 hereinafter cited as official records); thence run N 30000'00" E, along said agreed boundary line, for 800 feet; thence run N 05"00'00" W, along said agreed boundary line, for 1480 feet; thence run N 29°11 '40" W, along said agreed boundary line, for 1957.41 feet, to an intersection with the westerly prolongation of the north line of said section 17; thence run N 88024'40" E (shown in error as N 88026'40" E in the Official Records), along said north line 3449.51 feet, to the northeast comer of said section 17; thence run S 00027'30" E, along the east line of said section 17, for 2690.04 feet (shown in error as 2689.35 feet in the Official Records), to the east quarter comer, thence run S 00026'00" E (shown in error as S 00°26'00TM W in the Official Records), along the east line of said section 17, for 2584.65 feet, to the point of beginning; EXCEPTING THEREFROM (1) the east 1/2 of the northeast 1A (2) the northeast 1//4 of the southeast 1A, (3) the northeast % of the southeast IA of the southeast 1/4, all in said section 17; and excepting the right -of- way for state road S-865A (Vanderbilt Drive) and excepting that portion of the southeast IA of the southeast 'A of section 17, township 48 south, range 25 east, described as follows: from the northeast comer of the southeast 1A of the southeast ~A of the southeast 'A of section 17, run S 89°53'18" W, for 50 feet, to the point of Beginning; thence run S 89°53'18" W For 186.65 feet, to the point on Bulkhead Line as shown on plat thereof recorded in Bulkhead Line Plat Book 1, page 7, of the Public Records of Collier County, Florida;-thence run S 41°11 '03" W, for 133.10 feet, along said Bulkhead Line; thence run S 00006'42" E, for 120 feet; thence run N 89°53'18" E, for 275.72 feet, to a point on the west right -of- way line of state road S-865A (Vanderbilt Drive); thence mn N 00026'00" W, for 220 feet, to the point of beginning. Plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. PARCEL 9 That portion of the northeast 1A of the southeast 'A of section 17, township 48 south, Range 25 east, Collier County, Florida, described as follows: From a point of Beginning at the northwest comer of the southeast '/4 of said section 17, run N 89°40'55"E, for 560.24 feet, along the north line of the southeast ~A of the southeast '/4 of said section 17, to a point in the bulkhead line as shown on plat thereof recorded in bulkhead line plat book 1, page 7, of the Public Records of Collier County, Florida; thence run N 00026'00TM W, for I00 feet along said bulkhead line; thence run S 89°40'55TM W. For 560.23 feet, along said Bulkhead line, to a point on the west line of the northeast !/4 of the southeast V4 of said section 17; thence run S 00°25'41" E, for 100.00 feet, to the point of begininng. Plus any land added thereto by accretion or reliction, and less and except any land submergence or erosion. PARCEL 10 Beginning at the southeast comer of section 20, township 48 south, range 25 east. run lost Collier County, Floric t, N 89°52'20" W, along the south line of said section 20, for 2053.75 feet; thence run N 00014'00" W, for 1698.91 feet; thence run N 54047'52" W, for 399.32 feet, to an intersection with an agreed boundary line as 2335 Tamiami Trail N. - Suite 408 - Naples FL 34103 / (941 ) 435-9080 x6 - Fax (941 ) 435-9082 E.Mail: PMSMelissa@aol.com recorded in O.R. Book 68, Pages 235 through 250, of the Public Records of Collier County, Florida; thence run,N 79°17'10" E, along said agreed boundary line, for 69.60 feet; thence run N 02°59'30" W, along said agreed boundary line for 1417.66 feet (shown in error as 1475.01 feet in O.R. Book 68, Page 235); thence run N 27°15'20" W, along said agreed boundary line, for 705.31 feet; thence run 18044'30" W, along said agreed boundary line for 887.03 feet; thence run N 05°37'50" W, along said agreed boundary line for 393.34 feet, to an intersection with the north line of section 20; thence run S 89°54'20" E, along said north line for 2839.52 feet, to the northeast coruer of said section 20; thence run S 02012'00" E, along the east line of said section 20, for 5273.90 feet (shown in error as 5277.24 feet in O.R. Book 68, Page 235) to the point of beginning. Plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. And less and except the rights -of- way for state roads S-865A (also known as Vanderbilt Drive) and S-846 (also known as Bluebill Avenue). And less and except the following described real property: All of Wiggins Pass Landings Unit no. 1 addition, according to the plat thereof recorded in plat book10, at page 81 of the Public Records of Collier County, Florida and all of Wiggins Pass Landings Unit No. 1 according to the plat thereof recorded in Plat Book 10, at Page 44, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the southeast coruer of lot 4 of said Wiggins Pass Landings Unit No. 1 Addition; thence N 89o52'20" W along the southerly line of said lot 4, a distance of 599.96 feet to the southwest comer of said lot 4, the same being the southeast comer of lot 10, block 1 of said Wiggins Pass Landings Unit No. 1; thence N 89°52'20" W along the southerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1400.65 feet to the southwest comer of said Wiggins Pass Landings Uifit No. 1; thence N 00°14'00" W along the westerly line of said.Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N 34°26'15" W along said westerly line, a distance of 439.38 feet to the point on the northerly line of said Wiggins Pass Landings Unit No. 1; thence N 87°48'00" E along said northerly line a distance of 1481.48 feet to the northeast comer of lot 3, Block 3 of said Wiggins Pass Landings Unit No. 1; thence S 02°12'00" E a distance of 163.77 feet to the northwest comer of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1; thence N 87o48'00" E a distance of 200.00 feet to the northeast comer of said lot 1; thence S 02°12'00" E along the easterly line of said Wiggins Pass Landings Unit No. 1,.a distance of 668.16 feet to the southeast comer of lot 1, block 1 of said Wiggins Pass Landings Unit No. 1, the same being the northeast comer of lot 1 of said Wiggins Pass Landings Unit No. 1 Addition; thence S 02012'00" W along the easterly line of said Wiggins Pass Landings Unit No. 1 Addition, a distance of 1209.93 feet to the point of Beginning, Parcel contains 88.56 Acres, more or less. (Bearings refer to Wiggins Pass Landings Unit No. I Addition, according to the plat thereof recorded in plat book 10, page 81 of the Public Records of Collier County, Florida). Plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. And less and except the following described real property: A portion of land located in the east 1/2 of section 20, township 48 south, range 25 Florida, being more particularly described as follows: 'DEC 2335 lamiami Trail N. - Suite 408. Naples FL 34103 / (941 ) 435-9080 x6 - Fax (941 ) 435-9082 E-Mail: PMSMelissa@aol.com Commencing at the southeast comer of the southeast 1/4 of said section 20; thence N 02012'00" W, along the easterly line of said southeast ~¼ a distance of 1970.20 feet; thence S 87048'00" W, a distance of 50.00 feet to a point on the westerly fight -of- way line of Vanderbilt Drive, a 100.00 foot fight -of- way and the northeast comer of lot 1,block 3, Wiggins Pass Landings, Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44, of the Public Records of Collier County, Florida, the same being the point of beginning of the parcel of land herein described: Thence S 87°48'00" W, a distance of 200.00 feet to the northwest comer of said lot 1; Thence N 02°12'00" W, a distance of 163.77 feet to the northeast comer of lot 3, block 3, of said Wiggins Pass Landings Unit No. 1; thence S 87048'00" W, along the northerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1481.48 feet; thence S 34°26'15" W, along the northwesterly line of said Wiggins Pass Landings, Unit No. 1, a distance of 439.48 feet to the northeasterly · comer of tract B, Baker-Carroll point, according to the plat thereof recorded in plat book 8, page 42, of the Public Records of Collier County, Florida; thence N 54°47'52TM W, along the northerly line of said Baker-Carroll Point, a distance of 399.32 feet, to an intersection with an agreed boundary line as recorded in Official Records book 68, at pages 235 through 250, of the Public Records of Collier County, Florida; Thence N 79°17'10" E, along said agreed boundary line, a distance of 69.60 feet; Thence N 02059'30" W, along said agreed boundary line, a distance of 1417.66 feet; Thence N 27015'20" W, along said agreed boundary line a distance of 616.67 feet; thence N 87048'00" E, a distance of 2472.71 feet to a point on the westerly fight -of- way line of said Vanderbilt Drive; Thence S 02°12'25" E, along said westerly line a distance of 1373.11 feet; thence S 02012'00" E, along said westerly line, a distance of 667.03 feet to the point of beginning, parcel contains 100 acres, more or less. 2335 lamiami Trail N. - Suite 408 - Naples FL 34103 / (941 ) 435-9080 x6 - Fax (941 ) 435-9082 E-Mail: PMSMelissa@aol.com PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT' COPIES REQUIRED REQUIRED 1. Completed Application 15 X :2. Copy of Deed(s) and list identifying Owner(s) and all1X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental Impact Siatement - (EIS) 4 X 7. Aerial Phgtograph - (with habitat areas identified)4 X 8. Completed Utility Provisions Statement (with required4 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 1.3. Application Fee, Check shall be made payable to- X Collier County Board of Commissioners 14. Other Requirements - .Bpu.n.dary Survey X As the authorized agentJapplicant for this petition, I attest that' all Of the information indicated on this checklist is ~~gen ,~~~t~~ided in this submittal package. I understand that failure gnatu ? ,a, PPLICATION FOR PUBLIC flEARING FOR PUD REZONE . 1.0/92 to include all necessary submittal information may result in Date PA~]'~ 15 OF 16 A FFIDA V/T am:are the owners o[ the' pre.,pert~, dc.~c'rihed h(.','ein t~nd which i.~ the subic'c[ nltiilc!' 0,t111( hearing,' thol ctl[ lhe answer.~ to the qzte.voonx in this applic'otion, inclt.~din.~ the disc/r?st.'e of interest itLformofion. oil sketches. da&t, and other supplenlcntar)' ma;tcr a~tttc'hcd to and made ixir~ of this at,plic'~fion, are home3[ and trite h, lhc be.st ~? our knowledge and heJl'~f under.vrand thai the [t~formotion requested on this al)f)licath~n mu.~i bc COnll)]elc and oc'('~rotc' that the confcl~t of thLv.klrm, whcgher comptoer g, encralcd or Cot.tnr3' primed sh~'tl no[ Public hearings ~,'ili nol hc advertised ~mfil th[.~ al~ph'cation i.v deemed comp/ele, and all r~'qt,'trcd it~mnotion has bt'c'n auhmitwd. 7ypcd or Printe:d Name' T)pcd or Printed .,Vamv (i'f O'~cncr Thc foregoi,~inxt,'.rnent was acknowledged before m, this ~ clay ~'~ I ,'7~ as idcnrificatu'm. Stale of Florida Coz~nty q/' Coliicr Michelle Marguerite Benoit My Corm'nissio~ CC734970 Expires April 19, 2002 (Signature of'Notary Pui~/ic - State of Florida) .,\rOme Of NSta,'.y Public) AGEhU3A,.ITEM OEO 1 ooo 160[: OCT 25 '99 8'50 435 9082 PAGE.002 nino_r From: Sent: To: Cc: Subject: Lisa[SMTP:lisarizk@att.net] Monday, November 20, 2000 5:17 PM carter_.j; Commissioners; mackie_p; David Brandt@colliergov. net nino_r Opposition to PUD-99-28 NAPLES DEVELOPMENT GROUP, INC. 1000 Arbor Lake Drive, Naples, FL 34110 Developers of Arbor Trace and Tower Pointe at Arbor Trace Tel: 9411598-2929. Fax: 941/598-9962 November 20, 2000 VIA EMAIL & U.S. MAIL Collier County Board of County Commissioners James D. Carter, Ph.D., Chairman 3301 East Tamiami Trail Naples, FL 34112 Re: PUD-99-28 Cocohatchee Bay P.U.D. Zonin.q Request Dear Commissioners: As the developer representative for Tower Pointe at Arbor Trace located on an adjacent parcel to the subject, I attended the community meeting relating to the above referenced project on Thursday, September 14, 2000 held at St. John's Catholic Church Community Center. Unfortunately, I was uninformed of the panel format even after two telephone calls to the County where I was told simply to come and hear what the developers have to say. Naples Development Group has not been included in the written notifi meetings, including last week's planning commission meeting, as I bel for property owners within 300 feet of the subject property. As we are Page 1 eve ~' ~qu!rcd low selling /;~/'~-) DEC i 2 2000 condominiums at Tower Pointe at Arbor Trace for occupancy next August, we represent 120 future homeowners who will be directly impacted by the re-zoning under consideration. For the record, we are very strongly opposed to a re-zoning of an adjacent 70+ acre land parcel from RSF-3, which I believe currently has a maximum building height of fifty feet to a dramatically different PUD zoning which allows 790 units on that same 70+ acre parcel with building heights of 200 feet. When we purchased our land for Tower Pointe at Arbor Trace, a PUD was already in place allowing us to build a 15-story high-rise. The neighboring properties were zoned Agricultural to the north and RSF-3 to the south. To the north, the Agricultural parcel was recently rezoned a PUD with building heights no more than 35 feet. The south is the subject now at hand. We have relied on the reasonable re-zoning approval process to ensure that properties are compatible with surrounding areas. The zoning now in question stretches the meaning of compatibility to the extreme. There are no other 20 stow buildings within several miles of the site. Our buyers are County taxpayers. They have relied on the zoning in place in choosing where to live. Even though everyone knows that zoning can change, it is supposed to remain within reason. I would welcome the opportunity to discuss our concerns with this issue in more detail. Please contact me at 598-2929 if I can answer any questions. Sincerely, Lisa M. Rizk Developer Representative cc: Mr. Ron Nino Collier County Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 Page 2 AGE N D.~, IJ~M! NO. /~/./ . DEC 1 2 2000 430 Cove Towmm~ Dr. PH 01 ~ Nao~e~, FIoticla 34110 ~ US Fax 941-.593-71:~ ~ Home Phone 941-593-7094 ~ Entail le, mnnfia~mediaor~.net November 15, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Fl. 34104 Attn: Ronald J. Nino, AICP Dear Mr. Nino; As detailed in your letter dated October 27, 2000, we are hereby submitting our concerns in regards to the rezoning efforts by Vanderbilt Partners for the northwest comer of Wiggins Pass Road and Vanderbilt Drive, in sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 592+-acres. We have seen substantial development in our area in the recent years, and are aware that th~s growth will continue to occur and effect not only our area of concern but the entire county in the years to come. We as homeowners and private citizens, do have the obligation and right, to ensure that the growth is beneficial and prudent not only to ourselves, but to the environment and the future wellbeing of generations to come. Our interests in how this parcel is developed is paramount to these obligations and rights. We have many reservations that include but that are not limited to, the density studies, which we believe are skewed by including undevelopable wetlands and acreage, improper impact estimates, which will have a major bearing on the usage of Vanderbilt Dr. and Wiggins Pass Road along with other arteries which lead into our neighborhoods, and last but not least the possible destruction of the current ecology, environment, and natural habitat of nesting eagles, gopher tortoise, and other endangered species which are within the designated parcel. AGENOA,~TEI~ No. -)'~ DEC i g 000 We are not the "last settler trying to the close the gate on any more cabins" but we are trying to ensure that our quality of life, enjoyment of the surroundings, and protection of the environment is maintained for all concerned including future generations to come. Sincerely, Homeowners of: Pelican Isle Marina Bay Club Cove Towers Tarpon Cove Princeton Place The Anchorage Harborside Audubon Vanderbilt Beach & Bay Assn. Wiggins Bay Arbor Trace AGE NDA/ITF:,~ No. i ).[ t~ 11 DEC 1 g ZOO0 We the undersign~ herel~ voice our concerns and support the repr~ from om respective co~,,~itie~ )~ ) I? DEC 1 2 2000 We the undersigned hereby voice our concerns and support the represes~fives Dom our DEC 1 2 2000 We the undersigned hereby voice our concerns and support the representatives from our respective communities: ' AGENDAJTENI ' i DEC_, 1 '7oi --- AGENDa'ITEM No. t DEC ! ~ ~ooo AGENDAsITEM ~ DEC 1220D~ ~ AGENDA,-;TEM No. ~ DEC 1_ 2 2000 AGENDA ITEM, DEO 1_ ~, 7000 We the undersigned hereby voice our concerns and support the representatives from our respective communities: ~ PETITION AGAINST REZONING ~~ REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier County Government, October 27, 2000 letter, we the following residents and property owners in Tarpan Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preser~'e land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would ahva.~ s be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the densit)' of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are alread.~ extremely congested. DATE PROPERTY OWNER NAME ADDRESS PHONE ,E~,..,,a PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier County Government, October 27, 2(10(! letter, we the following residents and property owners in Tarpon Cove oppose the proposed rezoning which would effect our !)roperD· which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would ahvays be preserve !and. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now', it is our understanding that in the proposal this narrow' strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the density of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE PROPERTY OWNER NAME ADDRESS PHONE / c, / / d~' ,// i3 /J..~ /' q :z "i ' -5- PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier County Government, October 27, 2000 letter, we the following residents and propert)' owners in Tarpon Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would always be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the density of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE ! / · / ! 1//' /t ADDRESS PHONE II tr /~ ,, ?,:: , ~ f ,.' , . C~ r ~.' h ',J' . '., '\ '~7~-, / 3~? '7-o7Xz5 PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS in response to The Collier County Government, October 27, 2000 letter, we the following residents and property owners in Tarpon Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would always be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the density of the number of units and the res~lting traffic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE ~111 , ~,~ PROPERTY OWNER NAME ADDRESS PHONE .. /04 PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier County Government, October 27, 2000 letter, ~ve the following residents and property owners in Tarport Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would ah, ays be preserve land. Our purchase was based on that understanding, and the fact that there would be no development bet~veen our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the density of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE PROPERTY OWNER NAME - ADDRESS :L-'~' ~) "~ ' ' PHONE DEC 1 2 2000 ,, PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier Count)' Government, October 27, 2000 letter, we the following residents and propert)' owners in Tarpon Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve !and that is to the north of ~'arpon Cove and extends east to Hwy. 41. When we purchased our propert).', it was with the understanding that this area would ',dnra)s be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the densiD' of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE PROPERTY OWNER NAME ADDRESS PHONE No. DEC 1 2 2.000 PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS in response to The Collier County Government, October 27, 2000 letter, we the following residents and property owners in Tarpon Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would always be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land would include condos and a road. We are, also, opposed to the large number of resSdential units in the remaining part of the project, because of the density of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are already ext remel.v congested. DATE PROPERTY OWNER NAME ADDRESS PHONE :,' ~ ~ ~ ~ .~ ~ ~q ~ > ~ _ ~~/~- ~: ...... ~L ..... AGEN ' DEC 1 2 2000 PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier County Government, October 27, 2000 letter, we the following residents and property owners in Tarpon Cove oppose the proposed rezoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the re~oning of preserve land that is to the north of Tarpon Cove and extends east to Hwy. 41. When we purchased our property, it was with the understanding that this area would ahva.~'s be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of land ~vould include condos and a road. We are, also, opposed to the large number of residential units in the remaining part of the project, because of the densit)- of the number of units and the resulting tra/fic on Vanderbilt Rd. and Wiggins Pass that are already extremely congested. DATE PROPERTY OWNER NAME / . , ~ .'/ ~ PHONE PETITION AGAINST REZONING REGARDING PUD 99-28 -- COLLIER COUNTY, FL FROM TARPON COVE PROPERTY OWNERS In response to The Collier Count)' Government, October 27, 2000 letter, we the following residents and property owners in Tarpon Cove oppose the proposed re'zoning which would effect our property which would adjoin the proposed development. We are particularly concerned about the rezoning of preserve land that is to the north of Tarpon Cove and ' extends east to llwy. 41. When we purchased our property, it was with the understanding that this area would 'dwa)s be preserve land. Our purchase was based on that understanding, and the fact that there would be no development between our area and Falling Waters. Now, it is our understanding that in the proposal this narrow strip of Ihnd would include condos and a road. We are, also, opposed to the large number of residenti'd units in the remaining part of the project, because of the densit)' of the number of units and the resulting traffic on Vanderbilt Rd. and Wiggins Pass that are ',dread)' extremely congested. DATE PROPERTY OWNER NAME , ADDRESS , . PHONE / ' ~I , · /~/~:'~~./ -~/>/'~- i ' J.T. "TOM" BLOCH November 6, 2000 To: Collier County Planning Commission Dear Commissioners: With regards to your letter of October 27th concerning the proposed "PUD" on the north- west corner of Wiggins Pass Road and Vander- bilt Drive. I was absolutely "floored" to read that another 790 residential dwelling units are being considered for Collier County. Collier County is already experiencing a severe ¥ater shortage, not to mention the traffic "nightmare" during the winter.season. How such a development can be considered is incomprehensible. Instead, a moratorium should be placed on all residential developments until such time as we find a solution to our water shortages, IE: desalination plant to meet our daily water requirements. /J. Thomas Bloch 858 Carrick Bend Circle Naples, FL 34110 NOV 0 8 20O0 RECEIVED DEC 1 2 2000 AGENDA~TE~ No. /.)- ~/ ~-~) I DEC 1 2 2000 ' ' "AGENDA bl'F~ DEC I £ 2000 _..._p_~:. '? ¢-_. AGENDA.~T~R~ ~o. ~ )i DEC I ~ ~000 't DEC 1 ~ 2000 ~B should ~ ~ro~o~and a llo~ -~ ~ d~ DEC 1 ~ 2000 I:'o nirm r From: Sent: To: Subject: Hans Schiller[SMTP:hschiller@new.rr.com] Tuesday, November 14, 2000 6:01 PM nino_r Public Hearing on Nov. 16, 2000 at 8:30 AM - Re: PUD -99-28 Cocohatchie Bay PUD Mr. Ronald J.Nino, AICP - Current Planning Section Manager Collier County Planning Commission of Collier County Dear Mr. Nino: As we are unable to attend the above headng in person, we are e-mailing our comments to be considered at the above hearing per your suggestion: Our names are Hans and Elizabeth Schiller, we are the owners of Unit 517 of Falling Waters, North Preserve, 14560 Red Fox Run, Naples FL 34110. As our unit borders the edge of the Falling Waters South property line, we have some sedous concerns regarding the re-zoning: 1. To change the zoning from single family to multiple residential units will greatly increase the density of residences, resulting in additional traffic, noise, pollution in this area, i.e. on the road to be constructed on the South border of the North Preserve property. 2. Before we bought the property we called the Collier County Planning commission office and were told that the likelihood of a road being constructed there was so remote as to be negligable. The developer gave us similar assurances. Base on this we bought the property in good faith. 3. We strongly believe the value of our property may be considerably reduced due to this new construction, especially the change from single to multiple dwellings. 4. We strongly recommend that the planning commision require - before any zoning changes are approved - that the developer either build on the northside of the road on the 10 foot buffer required by law a 10 foot berm for noise abutment or that trees be planted there to reduce noise, improve the sight and keep up the property values and ambiance of the area. 5. We would like to know if this road will be the main entrance or just a side entrance. We appreciate if the above would be taken into consideration by the Planning and Zoning Board. Sincerely Hans & Elizabeth Schiller 14560 Red Fox Run Unit 17 Naples, FL 34110 Our mailing Address is: N1833 Reimer Court Greenville, VVI 54942 Tel: 920 757 1382 E-mail Address: hschitler~,new.rr.com Page 1 DEC I 2 2000 NOV 0 8 2O00 RECEIVED 380 Horsecreek Dr. #108 Naples, FL 34110 N~mber6,2000 Collier County Current Planning Section Development Services Building East Naples, FL 34104 Dear Current Planning Department, I wish to record my opposition to Coc~hatchee Bay PUD-99-28 in its entirety. A development of this size will choke the entire area ond add immeasurably to the traffic congestion we are already experiencing as drivers use Wiggins Pass Rd. and Vande~oilt Drive as an alternate route to Rig 941. This project will also inhibit travel to the Dernor Pass Recreation Area because of the long line of waiting cars at the intersection of Vanderbilt Drive and Ill; there is already a 10 minute wait to reach thla corner during traffic peaks, especially with many cars also traveling through from Bomta Springs. To my knowledge there are no plans to widen Vande~oilt Drive. I am concerned that there is no attention given to the congestion that will be caused by this development under the present road conditionst Very truly yours, Athena Theodore, PkD. DEC 1 2000 FACSIMILE Princeton Place Property Owner's Association 265 Airport Road South Naples, FL 34103 November 10, 2000 Ronald J Nino, AICP Current Planning Section Manager C/O Collier County Government 2800 North Horseshoe Dr. Naples, FL 34104 Re: PUD 99-28 and your letter to Property Owners dated October 27, 2000. De~Mr. Nino, Princeton Place Property Owners are very concerned about the rezoning of the areas indicated in your letter. The road traffic throughout Collier County is an area of great concern and the feeling is that the Planning Section has not addressed the traffic problem. Emergency vehicles dispatched by the fire department and hospitals have an extremely difficult job responding to and traveling to emergency events now in a timely fashion. The safety of our citizens must be your first consideration, when additional traffic from additional development is being planned. The addition of 790 residential dwellings for the PUD rezoning being considered will equate to approximately 1,200 additional vehicles. This addition of vehicles is only a small part of the increase residents and safety personnel will experience, when all the development on the north of Bluebell is completed. The vehicular traffic at the intersection ofBluebill, 111th St. and Vanderbilt Rd. is very high and very dangerous now and when the developments in that area are completed, we will see "grid lock". Emergency vehicles will be in this "grid lock". All of the developments in Collier County impact upon the "infrastructure". Howdo the developments impact on our water, sewer, electric, and emergency services? As Current Planning Section Manager, have you addressed the areas of concern outlined above? Very truly yours, George Andelfinger, President - Princeton Place Property Owner's Association DEC 1 2 2000 SALOMC %11 H BARNEY A member of at~group~' Bruce K. Ballard Senior Vice President-Investments Rnancial Consultant 248-358-7019 · 248-358-5000 November 14, 2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive Naples, FL 34104 To Whom it May Concern: I am writing to express a small concern or question over the development referenced by petition #PUD-99-28. After my conversation with Mr. Nino, I am satisfied no development would occur south of Marco Island Marina and that the large shaded area referred to in the public hearing disclosure letter only reflects the contiguous parcel and not the development site. Therefore, my concern is that using water and wetland acreage to calculate density is very inappropriate. Even though a reduction in units to 580 is now proposed, it seems very high relative to the land available for development. Thank you for allowing me the opportunity to make my thoughts known to the Planning Commission. ::':~Bruce K. Ballard Senior Vice President - Investments Financial Consultant Corporate Client GroupDirector SALOMON SMITH BARNEY INC. 4000 Town Center, Suite 1800. Southfield, MI 48075-1594 DEC 1 2 2000 800-285-2214 · FAX 248-358-7157 THE INFORMATION SET FORTH WAS OBTAINED FROM SOURCES WHICH WE BELIEVE RELIABLE BUT WE DO NOT GUARANTEE ITS ACCURACY OR COMPLETE- NESS NEITHER THE INFORMATION NOR ANY OPINION EXPRESSED CONSTITUTES A SOLICITATION BY US OF THE PURCHASE OR SALE OF ANY SECURITIES ~ROM : FAS CENTER FOR Bi~ ,S OF PREY PHONE NO. : D? 644 8940 OF FLORIDA " Fax: 407/64a-8940 ~o~t~ ~. ~, A~. ,:3... ~= ~ ~:~g ~on :,... .... '- '~.7 Nov 'm~ z4, z~" ' PI~ ~ ~ ~t ~e ~ ~~ to ~ ~ m a ~b~c h~ on N~ ~n~on ~mi~ ~CC) ~fo~ ~~ ~ ~ co~~ ~ ~vi~ CO !9. ~ act~ s~c ~ ~m~ivc ~a~m zon~ is ~t~ ~ ~S wasa ~ffon ~ ~ m~, ~t ~ ~ a vi~e biolo~l o~on ~ ~ c~bit ~d ~c.~c~ lo a~ a n~ ~ a n~ l~Qon ~ ~e~ ~e ~m, ~c n~ ~ ~ ~ i~ ~ ~ot~ ~ ~c~l ~ ~ ~te laws ~ all ~ ~n~ ~m m~ ~ve ~m ~ ~g ~ci~ ~S~S ~ ~WCC) ~d a ~t ~ w~ ~le. ~ 'to ~ ~ ~clo~ng ~n~c~m ~ ~ s~o~ ~c~g ~clo~t ~ ~y 15, pl~ co~ me ~ I ~ ~ ~p~ to ~p. Sin~, Ly~~ AUDUBON Jan~ T~to~, U.S. Fish and Wik~ve Servicc Tom Ix,gan, Florida Fish and Wildlif~ Conservation Commission Now. 15 2~0 03:11PM P2 Center for Birds of Prey 1101 Audubon Way Maitland, FL 32751 BEg 1 2 2000 Nation; Audul'~: Societ~ November 8, 2000 Mr. Ronald J. Nino, AICP Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Nino: I received your notice of a requested rezone by Karen Bishop representing Vanderbilt Panners II, Ltd. for property located on the Northwest comer of Wiggens Pass Road and Vanderbilt Drive. I was notified because my property is located within 300 feet of the described property. After examining the location and site maps that were furnished, I have the following observations: 1. My property is located in Tarpon Cove and borders on the South edge of the strip marked "ROAD-E/W". (See attached Iarpon Cove plot plan) I purchased that property because I was guaranteed that nothing could be built in the areas marked "PRESERVE". (See attached Tarport Cove plot plan) My lanai faces this strip of property, which at the present time is solid woods. (See enclosed photos) 4. Should the road be constructed, the following events would occur: a. The woods would be replaced by automobiles riding on asphalt that would impact the local residents and wildlife by causing traffic related noise pollution. b. The area is presently wetlands and the planned road would certainly destroy this area and have a catastrophic environmental impact. c. Frogs croak at night, while animal and bird sounds are present all day long. This road would invade the habitat of all these creatures and destroy them or force them to attempt to find a new habitat. d. The pollution from the construction equipment and automobile emissions would have a negative impact on the area and would most certainly spread to other areas outside of the limits shown on your site map. e. The road would have a negative impact on drainage in the area. Presently, when heavy rains occur, the water drains away through the low areas~ Should a road be built in those low areas, it would act as a dam and could cause local flooding. .... AGENDA ~TE DEC 1 2 200O Jack D. Ke~ ~'~edy Page 2 In addition to the above-mentioned concerns, I question how you can legally cut this "ROAD-E/W" through two areas clearly marked "PRESERVE". The definition of "PRESERVE" is to protect and maintain the environment, not to destroy it. In summary, as a property owner located near this proposed development, I definitely oppose the rezoning of the area located on the North border of the Tarpon Cove subdivision. Very Truly Yours, Local Address: 867 Cartick Bend Circle #101, Naples, Florida 34110 - Tarpon Cove Local Phone Number: (941) 598-0821 Mailing Address: 24 W. 375 Pin Oak Lane, Naperville, Illinois 60540 Naperville Phone Number: (630) 983-7128 DEC 1 2 2000 i? LEE COU; ~Y PROJEOT LOOATION BAY ON ~ ~AY 9 THE C.,q. 8'88 meGms C~TA~!~ ROAD GAD, M.E'rA 10 NAPLES.IMMOKALEE SITE LOOATION P~ 1 2 2000 :-Z-.'".'}':X:.'.'-X'X-'.'}."Z".'.- FROM : PHONE NO. : Now. 15 2~0 09:07PM P1 PcHcm) Isle Yacht Club 44,5 I>oc.~idc Drivc : N~Ies, Flori~34] I0 RE: PUD-~-28, C~o~bee Bay PUD Ronald J. Nino, AICP Current Planning ,e~,ction Manager Planning Services Department 2800 North Horseshoe Drive Naplcs, l~orida 34104 Dear Sir:. Thank you for ~send~n[ the lcltc~ notifying us office propo.~d development on ~ northwest corner of Wi~ir~ Pass Road ar~l Vm-g:lcrb'flt Drive. We wish m express o~r serious ~ abo~ the naxurc or,he project and i~ ~ on the surrounding enviromncn~ As residents oflbe Pelk~a Isle YachI Club, we hzve apprec~ the beauty ofthc area and realize how widely u.~d this recreational area is. Ifthc proposcd development goes through, it would substantially alter the ecology of the area and diminish one of the · county's jewels. It also is epparem that the inf~a.,~ruc~re, inclt~ng Vm~derbilt DHve and Wiggins Pass ::.!':..'~:'.i.T~ 'aa~ad the meeting on Thursday, November 16, 2000, as we w(xfid ~ to be able to express these opinions JRA Post-ItTM brand fax transmittal memo 7671 ~/-4~- ~ . . I~-~-/oo.~ DE0 1 2 2000 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 MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3), RSF-3 (ST) (3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED ON THE NORTHWEST CORNER OF W-IGGINS PASS ROAD (C.R. 888) AND VANDERBILT DRIVE (C.R. 901) IN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing'Vanderbilt Partners II, LDT., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida, is changed from RSF-3 (3), A (ST), RMF-6 (ST) (3), KIVIF-6 (3), RMF-12 (ST) (3), RMF-12 (3),.RSF-3 (ST) (3), RSF-4 (3), and RSF-4, to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AGENDA No. ~~/ DEC 1 2 2000 PASSED AND DL~LY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES D. CARTER, PhD., CHAIRMAN DWIGHT E. BROCK, Clerk Appro'~'ed as to Form and Legal Sufficiency Marjor~-M. Student Assistant County Attorney gzadmin/PU D-99-28/RN'im -2- ¢ ~2 c 1 g ~ooo COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II, LTD PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" 11 / 15/00 AGEND~i~'~" DEC 1 2 2.000 INDEX P, SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership, Legal Description and Short Title Project Development Residential Development Areas Golf Course / Open Space Preserve District General Development Commitments II III 1.1 2.1 3.1 4.1 5.1 6.1 AGEND~ I.~[ E ¥'~:, t ~ ,o. /.~-~. c,.// 1 000 EXHIBIT "A" EXHIBIT "B" TABLE I TABLE II LIST OF EXHIBITS AND TABI..ES Planned Unit Development Master Plan PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan Land Use Summary Development Standards DEC 1 ~ 2000 STATEMENT :)F COMPi~i~/kNCE The devel~ ~' ~ent of approximately 532.09 + acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2~ The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi-family development. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 - 11.19 acres RSF-3st Parcel 5 - 161.63 acres RSF-4 = Parcel 6 - 13.15 acres RSF-4(3) -- Parcel 7 - 69.61 acres RSF-3st(3) = RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF- 12(3) RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) -- Parcel 10 80.65 acres RMF-12st(3) -- RMF-6st(3) 33.57 units 646.52 units 39.45 units 208.83 units -- 583.80 units 3.78 units 241.95 units TOTAL 532.09 acres -- 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09 + acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. III AGENDA iT~ No.~! DEC 1 2 2000 o ~ Improvements are ]planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land l Tse 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. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code (LDC). IV DEC 1 000 SECTI(~, I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40'%V. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.F BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°1 l'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00'Wq., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00'"~V. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°3 l'00"W., (SHOWN IN ERROR AS N.22°30'00'wq. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO B" AC'C'RF.TIC)NI RELICTION, AND LESS AND ACCEPT ANY LAND LOST THER! ,FRO~~ SUBMERGENCE OR EROSION. DEC 1 2 ooo 1.1 PARC~ ,:, 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFFH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01 °30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°1 l'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTIOb EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VA AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF TI [E SOUTHEAST DEC 1 g 2000 1.2 OF Ti SOUT}; EAST 1/4 OF ~ ?TION 17, TC' "~,75 ~: ~ . ':OUTH, RANGE ': ST, DESCix:iBED AS FOLLOWS: i~,~..; -E NORTHEAS'I' t.. '.tER OF THE S ~_ ~ ~LEAS'. 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF a,_:CTION 17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41 °11 '03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUb, N.0°26'00'~., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41 "E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°l 4'00'%V. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30'~vV. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE r-m qGt~TI(3NI 90: THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR 2839. NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°i 2'00"E., ALONG TH~ D E c 1 EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 i 2ET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, Atp AGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00°l 4'00'~., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE S.02° 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICT] ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PR 1.4 AND l.E~q~q ANF 3PFi~Y1 g ~000 t 1.3 1.4 A PORTION OF LANI" OCATED IN THE EAST 1/2 OF SECTION 20, TOV :SHIP 48 SOUTH, RANGE 25 t :iT OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°l 2'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02° 12'00'W~. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00'W~. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15'~V. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52'%V., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30'WV., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20'WV., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. GENERAL DESCRIPTION OF PROPERTY AREA The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. The zoning classification of the project prior to approval of this F RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RM] RMF-6(3), and A-ST. 1.5 :-12 (3), RMF-6 ST(3 DEC 1 2000 PHYSICAL DESCRIPTION mo The Project lies within South F ida Water Management District No. 6. Drainage from the property will discharge into ~ocohatchee Bay Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. Go Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to 11' foot elevation category. The site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. Do Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PROJECT DESCRIPTION The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." 1.6 DEC 1 2 2000 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Ao Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. go Unless otherwise noted, the definitions of all terms shall be the same as the definitions forth in the Collier County Land Development Code in effect at the time of building permit application. Go All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Publinc Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 AGENDA~ITEIi~ I No. ~ d-(_ ~3~ DEC 1 2 7000 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The Project Master Plan, including land uses for the various tracts, is iljustrated by Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY .USE Residential "RI" Residential "R2" Golf Course "GC" 20 Open Space N/A (Preserve, Lakes and Landscape Buffers) Total 590 MAX. D.U.'s / Square Footage 480 90 Total ACRES 44.00 +/- 9.70 +/- 170.39 +/- 308.00 +/- 532.09 +/- acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the plattk Florida. DEC 1 2 2000 2.2 / 2.5 2.6 2.7 '-he provisions of Di, ion 3.3 of the Collier · i~plicable, shail apply to the development ,. ' provk J in said Division prior to the issuance order. · ,' nd Dcvc!.'~pment Code, when ted tracts or parcels of land as trailcling permit or other developme The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the requirements of Section 2.6.33.4. of the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in said Section 2.6.33.4. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. ^aE~D~ Fg¥, NO. ~ 2.3 DEC 1 2 000 2.8 DESIGN GUIDELINES AND STANDARDS 2.9 The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the fore the Planning Services Department Director determines to 2.4 ~ing o.~~hich ] com~'at~bl~.- DE c 1 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures -Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 2.11 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies appro}dmately 483 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 AG EN DA,~TF=~M No. DEC 1 2 2000 2.12 LANDSCA ~NG REQUIREMENTS A. A perim~?r berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. Bo A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. 2.6 .... AGENO~A ~EI~ No. -/~ I DEC 1 2 2000 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the PUD Master Plan as "RI" and "R2". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R1" and "R2" on the PUD Master Plan are designed to accommodate highrise residential dwelling unit types, multi-family dwellings, adult living facilities, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages are indicated on the PUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 1. Multiple-family dwellings. 2. Guest suites and cabanas. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R1" and "R2" Districts. 3.1 DEC 1 2 ZOO0 3.5 B. Accessory_ Uses 1. Uses and structures customarily associated with principal uses permitted. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. o Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "RI" and "R2" Districts. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" Residential Districts. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Go Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan approval process as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Do Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. 3.2 DEC 1 2 2000 COCOtlATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "RI" "R2" HIGH-RISE MULTI-FAMILY Multi- Family Dwellings Minimum Lot Area N/A 1 Acre Minimum Lot Width N/A N/A Front Yard - Internal Road '1 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard - Accessory Bldg. 0.5 BH not less 0.5 BH not less Including Parking Structure than 25 feet than 25 feet Front Yard - Vanderbilt Drive BH N/A Front Yard - Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum BIdg Height 20 stories for a maximum 35 height of 200 feet *2 Distance Between Principal Structures 0.5 SBH *3 0.5 BH not less than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF BH: (Building Height):Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. '1 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). *2 Building height for the north property line adjacent to Arbor Trace in the "RI" tract shall be 15 stories for a maximum height of 150 feet. *3 Where buildings with a commom architectural theme are angled, skewed or off-set from one another, and walls are not parallel to one another, the setbacks can be administratively reduced. 3.3 AGENDA,ITEM DEC 1 000 SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites, including temporary golf clubhouses. 2. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this District. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. o Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. Restaurants and related uses intended to serve club members and r,h,l-, :,,~[~ 4.1 2000 o Shuffleboard courts, tennis courts, health spas, swimming pools, a;'. t all other types of accessory ~,,.cilities intended to provide recreatio~al opportunities for members. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4.3 Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. DEVELOPMENT REGULATIONS Ao Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet (10'). Fo Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided tl~e golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County l_ztnd Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.2 SECTION V PRESERVE ~ '~ DISTRICT 5.1 5,2. 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodaie a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Passive parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart paths are permitted in the preserve areas outside the limits of the bald eagle primary zone. 4. Wildlife sanctuary. 5. Pathways and or bridges. 6. Recreational shelters, in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 DEC 1 g 2000 5.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the development services director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The developer, its successor(s) or assigns, including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A," the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development Code, PUD amendments may be made from time to time. go All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. Go The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. ~ ~ Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of t Management District and Collier County and where th, encroachment into preserve areas. Reconfiguration of golf course envelopes and design 6.1 ~ South, Florida Water :re is DEC 1 2 2000 atures. Internal realignment of fights-of-way other than a relocation of access points to the PUD. o Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION 6.5 6.6 Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concluded in calendar year 2010. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. POLLING PLACES Pursuant to Section 2.6.30. of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Ao Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17. of the LDC. Due to the environmental issues on this Project impacts are to be minimized. go Private streets shall conform with the fight-of-way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot. (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other cul-de-sacs are required to have a minimum of right-of-way width and two ten foot (10') wide travel lar Subsection 3.2.8.4.16.5. 6.2 as~~ DEC 1 ~ 2000 6.7 Tangents !,¢tween reverse curves shall not be required under Subsection 3.2.~.4.16.10. of the Land Development Code. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. TRANSPORTATION Ao The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed wan'anted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as part of future four-laning construction. Go The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall pay for the right-of-way based on professional land appraisals of the fair market value prior to establishment of the PUD. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such right-of-way. The right-of-way conveyance shall occur at the ti~e 6.3 requested by the County. I, io. ~ 1 2 2000 .: Do Eo Fo The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Su additional fight-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four-lane ~lesign plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required fight-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall pay for the right-of-way based on professional land appraisals of the fair market value prior to the establishment of the PUD. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such right-of-way. The right-of-way conveyance shall occur at the time requested by the County. The Developer shall provide additional fight-of-way in fee simple title, when necessary along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of fight-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall pay for the right-of-way based on professional land appraisals of the fair market value prior to establishment of the PUD. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such fight-of-way. The right-of-way conveyance shall occur at the time requested by the county. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 DEC 1 ~ 2000 6.8 mo The Developer shall meet the stormwater attenuation and wa~-:r quality requirements for the fu!~:re East/West Livingston Road between Vamderbilt D~ve and US 41. The Developer shall accept road impact fee credits or direct monetary cash payments for the stormwater management commitments at a rate to be determined. At this time, there is no plan through the year 2020 to expand Wiggins Pass Road from its current configuration. Plans for the four-lane expansion of Vanderbilt Drive in the vicinity of the project have been completed. The Project shall accept future stormwater commitments from East/West Livingston Road along the projects property line in the form of water quantity. Water quality will be handled within the 167.5' right-of-way reservation. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. Jo In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. The Developer shall be responsible for the redesign costs of Vanderbilt Drive to accommodate the designated access points. Such engineering costs shall be deducted from the road impact fee credit for right-of-way conveyances stated above. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. go All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Go The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent pro to the property lines of the Project at locations to be mutu. County and the Developer during the design phase of the 6.5 )erties shall be provided 113 .......... ~,A~L.~t)A~t-~ the- 'r°jec~" ]-,7- (~ DEC 1 2 2000 Do A water distribution system shall be constructed throughout the project development b) the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. mo All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. Fo A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. go All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. Go Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. Do An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) 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 Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. 6.10 ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services 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 Engineering Review Services. go Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 0EC 1 ooo Go The Developer, its successors · nd assigns, shall be required to s~ isfy the requirements of all applicable County ordinances or codes in effect prior to or concur:~'nt with any subsequent development order relating to this site, including Site Development Plans ~ any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6,13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.8 -- AGENDAJTEI~ I}EC 1 2 6.14 1. SIGNS General go All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. Should any of the signs be requested to be placed within the public fights-of-way, a fight-of-way permit must be applied for and approved. All signs shall be located so as not to cause sight distance problems. Entrance Signs mo Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. go Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private fight-of-way to the uppermost portion of the sign structure. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. Project Signs A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) 2) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100)'square feet. A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontal~e, one (1) shall be located along the Livingston Road Extension frontage. the CR 888 frontage. 6.9 No. l aZ l t~ l l DEC 1 2 2000 :ated along 3) Project signs may be lighted provided all lights are shielded , a manner which prevents direct glare which would impact the ~ision of drivers us;- - the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: go 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 ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 are applicable. 6.10 DEO 1 g 2000 EXHIBIT "A " COCOHATCHEE BAY PUD MASTER PLAN ~ CONDmO~O] VA~ASS~. DATE': 08-29-00 REV: 11-06-00 SCALE: N. ES. PROJECT NO.: 80205 ACAD IgO. $0205-PUDMP$ EXH/B/ T COCOHATCHEE BAY PUD MASTER PLAN WITH EAGLE ZONE OVERLAY VANASSE & DAYLORI ~: ~ ~_o6_oa ' '" - ~.0oo r~ ~eo~, I SCALE: N.T.S. ]ACAD NO. 80205-PUDMPJ Sections 8, 16, 17, & 20, i'ow~ Bald Eagle Habitat Management Plan COG?HA TCHEE p 48 S, Range 25 E, Collier County. drrell & Associates, Inc. August 2000 4.0 4.1 Bald Eagle (Haliaeetus leucocephalus leucocephalus) Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two youngduring the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west. Almost all of the established trees between the nest tree and Vanderbilt Drive have died, mostly due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of Vanderbilt Drive. Due to the condition of the tree, it is not expected that the eagles will continue to use the nest more than a couple of more years at the most. It is more likely that a storm with heavy winds will either destroy the tree supporting the nest, or destroy the nest itself. It is not clear where the eagles will try to construct a new nest if this occurs. Specific observations were made during the past two nesting seasons to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were predominately to the south and south-west from the nest tree. Several other dead pines around the nest served as perches for the parents during the nesting season. An effort was made by the parent birds to construct a new nest adjacent to the existing marina early in the '99-'00 season, however, these efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped cots ,,~,,oJae~ le-~"~ Bald Eagle Habitat Management Plan COCOHA TCHEE Sections 8, 16, 17, & 20, Town3hip 48 S, Range 25 E, Collier County. Turrell & Associat,:;s, Inc..;~ugust 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non-nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available in the vicinity and how well the bird can see it, thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are vulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT (now banned), which reduced reproductive success by thinning eggshells, lead and mercury poisoning are on-going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle, an overview of how development on the project site will allow continued habitation is provided below. 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass which is designated as Outstanding Florida Waters, 21 will be deeded by conservation easement to the So~ Management District preserving this habitat in perpetuity estuarine system [0 a~}-~j~ich - ~th FloridaC~¢(/ater DEC 1 2 2000 BaM Eagl *bitat Management Plan COCOHA TCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turfell & Associates, Inc. August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two years have shown that these snags are not utilized by the birds for roosting or perching. Also, flight paths into and out of the nesting area were in the opposite direction and not over the area proposed to be impacted. A screen of living vegetation will be planted between the golf course and the nest site to block views and sounds of the golfers from the nest. This action would result in a buffer of approximately 530 feet to the east of the nest. A buffer of 750' would be maintained to the south and north of the nest, and no impacts are proposed to the west between the tree and the Gulf of Mexico. To minimize disturbance during the important nesting period, a greater buffer zone of 1500' in radius will be established and maintained during site construction activities. No construction activities will take place within the 1500-foot zone during the nesting period which runs from October 1 through May 15. Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. EXECUTIVE SUMMARY PUD-99-13, MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT, INC., REPRESENTIFNG RELLEUM, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BALMORAL PUD FOR A MAXIMUM OF 296 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE I'UTURE LIVINGSTON ROAD, NORTH, 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 59.164- ACRES. OBJECTIVE: To have the Board of County Commissioners render a decision to have the herein described land rezoned from its current classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Balmoral PUD for a residential development containing single-family and multi-family homes. CONSIDERATIONS: The property is located 3,800~= feet south of Pine Ridge Road (C.R. 896), bn the east side of the future Livingston Road, in Section 18, Township 49 South, Range 26 East. The project purports to allow a mixed residential use development of a maximum of 296 dwelling units. Consistency relationships with elements of the GMP are as follows: Land Use: The site is located within the Urban-Mixed Use-Residentially designated area on the FLUE Map to the FLUE Element. This designation anticipates that all land in the urban residential area will be zoned to an appropriate residential zoning district, when determined appropriate, based on sound planning principles. Density: The number of dwelling units proposed yields a density of 5 dwelling units per acre. The base density allowed by the FLUE density rating system would allow up to four dwelling units per acre, and one additional unit attributable to the property having frontage on two major streets. Therefore, five (5) dwelling units per acre is consistent with the FLUE. DEC 1 2 7.000 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 (C.R. 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. Basically, the benchmark for determining consistency is one which allows a degradation of 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 wetlands and jurisdictional preservation areas, and other open space totaling 60 percent of the gross acreage. As a result, the proposed conservation and open space plans should be deemed 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 will be accomplished by the petitioner's participating in an overall utility extension plan as is being coordinated 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 Ordinance. 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. By following the above-prescribed course of action, this petition would be consistent with all elements of the GMP. Compatibility - The subject property is located within the Urban-Mixed Use-Residential Sub-district as identified on the Future Land Use Map of the GMP. The applicant proposes a mixed-use residential development. The PUD as structured is compatible with surrounding properties by virtue of similar housing types and common elements as found in neighboring existing and future developments. The standards in the proposed PUD Document are similar to those of recently approved neighboring PUD's. The proposed density of 5.0 units per acre can also be considered a transitional density between the lower density development further to the south, and the higher density development to the north and east. Traffic and Interconnectivity- The impact of a number of projects all proposed for development within the same time frame caused planning staff to seek conditions of approval that would be common to all of the projects seeking our apteroval. The Board of County Commissioner's reviewed these conditions and approved of them. In particular a condition was established that projects will cause sufficient land to be dedicated for improvements to Whippoorwill Lane so that it can function as a public collector DEC 1 2 2000 road, and that it be further extended at its southern terminus in an east/west segment to Livingston Road with the acquisition of this segment being a shared financial responsibility. This commitment is included in tlhe Balmoral PUD, and by so doing is consistent with our design for interconnectivity. Transportation Services staff has reviewed the PUD for transportation impacts and has recommended that Balmoral not be allowed to access Livingston Road in view of the fact that an east-west segment of Whippoorwill Road is planned to be located approximately 300 feet south of the Balmoral entrance attributable to impact fee credits as part of the decision to make Whippoorwill Lane a collector road. Other Area-Wide Infrastructure - The Balmoral PUD includes stipulations that will require a cost sharing of infrastructure intended to handle area wide requirements as distinct from those of each project. The County utilities department has requested a specific stipulation that the water distribution system be looped between Livingston Road and Whippoorwill Lane. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Impact Fees Residential Units Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: Correctional Facilities: $578.00 per unit x 296 du's = $180.52 per unit x 296 du's = $0.15 per Sq. Ft. of bldg. area @ 1500 SF x 0.15x 296 = $1300 per unit x 296 du's = $2116 per unit x 296= $.005 per Sq. Ft. of bldg. area @ .005 x 1500 x 296 = $14.00 per unit x 296 = $0.005 per Sq. Ft. of bldg. area ~.005 x 1500 x 296 = $2.00 per unit x 296 = $117.98 x 296 = TOTAL $ 171,088.00 $ 53,440.00 $ 66,600.00 $ 384,800.00 $ 626,336.00 $ 2,220.00 $ 4,144.00 $ 5,310.00 $ 592.00 $ 34,922.00 $1,349,452.00 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 offset the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County utilities. Finally additional revenue is generated by ad valorem taxes. ad valorem tax depends on the value of the improvements. The amount of revenue generated by the DEC 1 2 2000 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. Regardless, all of the fiscal impacts of a land development project, development remains subject to concurrency relationships or limitations. When levels of service (LOS) fall below County adopted standards, a mechanism is in place that would require building activities to cease until such a time as additional facilities are provided by the developer or made available by the County. GROVqTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Stafffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff coordinated a multi-jurisdictional review of this petition, which resulted in a host of recommendations for inclusion in the PUD regulatory document. Planning Services staff in their technical report to the Collier County Planning Commission advised that the PUD regulation failed to include all of the stipulations which the BCC agreed be made common to all PUD's in the Whippoorwill Lane area. Staff recommended approval on condition that this development commitment be added to the Balmoral PUD. Staff subsequently met with the petitioner and his representative following the CCPC meeting and they agreed to amend their PUD document to include all of the stipulations which were previously approved by the BCC. As a result staff does advise that the Balmoral PUD has now been structured to include all of the development conditions that will allow the county to achieve area-wide improvement objectives. Nevertheless, there remain two concerns one, utility staff seeks a commitment to interconnect the water line in Whippoorwill Lane and Livingston Road so that a looped system is in place and two, transportation services recommends that Balmoral connect to the east/west leg of Whippoorwill Lane and eliminate the Livingston Road connection. EAC RECOMMENDATION: The EAC did not hear this petition due to a lack of quorum at their scheduled November 1, 2000 meeting. The PUD development regulations have been modified, however, to incorporate the recommendations of environmental staff in their report to the EAC. The EAC is scheduled to meet on December 6, 2000. Staff will advise the BCC of their recommendation during its presentation of this petition to the Board. .o. ~ ,_~..~,~ DEC 1 000 CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on November 16, 2000. The Planning Commission unanimously recommended the petition be denied because it did not include all of the development conditions that were to be made common to all PUD's in this area, particularly in view of t?d"~t that this same consideration lead them to once before cortinue the petition. PRE~ARI~,D BY: .- RO%'ALD F~ NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ~B~I~T J. MULI~I~RI~, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE t REV!EXVED BY: / NOILMAN FEDER, AICP, ~MINIST~TOR T~NSPORTATION DIVISION DATE APPROVED BY: COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE g/admin/PUD-99-13,'RN/irn DEC 1 2 2000 ii/15/2D6D /15./2000 12:42; 40 9414032395 ->5oOdlette,Coleman,&dohnson,PA; #850; COMMUNITY DEVELOPMEN Page I P~GE AGEI~DA I~EH 7-K 81 TO: FROM: DATE: RE: OWNER/AGENT: COLIAER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICF.,S OCTOBER 16, 2000 PETITION PU-D.99-13, BALMORAL PUD Agent: Michael R. Fernandez, AICP Planning Development, Inc. 5133 Castello Drive, Suite 2 Naples, Florida 34104 Mr. John Scott Mueller, President Relleum, Inc. 801 Laurel O~k Drive, Suite 700 Naples, Florida 34108 REOUESTED 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 Balmoral PUD for a residential development containing single family and multi-family homes. GEOGRAPHIC LOCATION: The property is located 3,800~ feet south of Pine Ridge Road (CR-896), on the east side of the future Livingston Road. 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 encompass approximately 59.16:1: acres of land to be developed with a residential land use strategy that would provide single family. duplex, and multi- family units a~ provided for in the PUD Document and conceptual Master Plan. If approved, the development plan will include the following: DEC 722000 / 11/15/20~ 11 ,'15/2000 13:06; _>Goodlette,Coleman,&JohnsonjPA; #851 ; Page 22 12:53 9414832395 COMHUNITV DEVELOPHEN PAGE 22 l' DEC 12 2000 Re,2eJve~: 11.'15'2OOO ~2:43; ~Z/~5/200~ ~2:4B 94~4032395 -~GoodZette,CoZeman,&John$on,PA; #850; COMMUNITY DEVELOPMEN Page 2 PAGE 82 1. A total of 296 dwelling units with a density of 5.0 units per acre on five residential tracts (R1-RS) totaling 4?.9 acres, The applicant estimates that the total maximum density of 296 units is permitted by the Future !and Use Element Cr-LUE) of the C, rowth Management Plan (GMP), which includes a 4.0 unit per acre base density and t.0 unit per acre when providing interconnections. 2. Preservation areas totaling 9.1 acres including 25 percent of existing native vegetation. 3. Open space that includes the preservation areas, three lakes, and landscaping and buffering totaling 60 percent open space required for PUDs. 4. Recreation amenities involving active and passive use of the preservation areas and lakes. 5. Gate house(s). 6. Access from Pine Ridge Road via Whippoorwill Lane and access from the future Livingston Road. _SUR,~OUNDIN~ LAND I~$E AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: Norxh- Undeveloped parcels zoned "A" Rural Agriculture. The Arlington Lakes PUD is also located to the north of these parcels and east of a 19-acre flow way within the Arlington Lakes PUD. Arlington Lakes PUD will have 590 units on 98.36:1: acres and a proposed density of 6.0 units p~r acre (within Residential Density Band) if approved. 1;;-O.S t - The Whippoorwill Lane easement and the recently approved Whippoorwill Woods PUD which will have 462 units on 83 acres and a density of 5.5 units per acre. Because it is located within the Residential Density Band it quaJified for the slighdy higher density. South - Agricultural Land being considered for a rezone to PUD to be known as Livingston Village PUD. It will have 540 units on 149 acres and a density of 3.62 units per acre. West- Kensington Park PUD located on the west side of the future six-lane Livingston Road. .GROWTH MAN.'AGEMENT PLAN CONSISTENCY The proposed PLrD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Future Land Use Map (FLUE) of the Growth Management Plan (OMP). This designation provides for higher densities in an area with relatively few natural resource constraints, where existing and planned public facilities are concentrated, and where surrounding development is compatible. The following ,: onsisteney analysis addresses the relationship of the propo~...d PUD with applicable elements of the GMP: ' '.' 2 2000 Receiveel: 11/'15'2000 13:05; >Goodlette,Coleman,&Johnson,PA; #851; Page 21 11/15/2E~80 12: 53 94]_4032395 COHMUNITY DEVELOPMEN PAGE ,Lcrtd Use Element ired Density - The subject property is located approximately 5,800 feet south of Pine Ridge: Road and the Pine Ridge Road (C.R. 896) - Interstate '/5 Activity Cents. The sit~ is within the Urban Residential Subdistrict of the Futurc Land Use Element (I~LUE) as identified on the Future Land Use Map (FI..UM) and is eligible for a base density of 4.0 units, per acr~ as provided by the FLUE Density Rating System, The proposed development also has direct access to a future arterial road and a future collector road which makes it eligible for a bonus density of 1.0 unit per acre as provided for in subparagraph a,5 of the FLUE Density Rating System; therefore, the proposed PUD qualifies for a maximum density of 5.0 dwelling units per acre if it is determined that the increased density is compatible with surrounding properties. In summar3', the proposed PUD is consistent with objectives and policies of the OlV/P and should also promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. It will accomplish this by contributing to area-wide planning 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-$96). 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 committeA improvements will corr~t 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 peation is consistent with the Traffic Circulation Element. It should be noted that the segment of CR-896 which intersects with Whippoorwill Lane is projected to be deficient in the year 2003 if road improvements are not completed. Since that segment of 896 from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will reinran at an acceptable level after build-out of this project. The provision of alternative access via Whippoorwill Lane will also help too minimize trip distances and route some trips away from CR-896 to the south, thus improving traffic flow on area roads. Open Space Element and Na~tural Features - The required amount of open space will be achieved by the retenuon of wetlands and jurisdictional preservation areas, and other open space totaling 60 percent of the gross acreage. As a result, the proposed conservation and open space plans should be deemed consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Elementis) - 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 will be accomplished by the petitioner's participating in an overall utility extension plan as is being coordinated 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 21 AGEI~A ITEM DEC 1 2 2000 Rece:lve¢~: I ~ /15/2000 12:43; 11/15/2080 12:48 9414832395 ->Goodlette,Coleman,&Johnson,PA; #850; Page CDMMUNITY DEVELOPMEN 83 Ordinances. Water management faciliti~ will be constmct~ ~o me~t County Ordinances and tho~ will be r~viewed a~d app~ved as a p~rcquisite to obudnin$ subsequent developmont ord=r approvats. By following the above prescribed course of action, this petition would be consistent with all elements of the OMP. HiSTORICAIdARCHAEOLQGICAL IMPAC'~ 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 HistoricaVArcha¢ological Survey and Assessment are required. E~VALUATION FOR~[.> VIR NT L P R ATI N ND I T · The subject petition has bcxn reviewed by the appropriate staff re. sponsibl¢ for over~ight 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 CEAC) and was ze, commendr..d with stipulations that will be incorporated into the PUD Document. &,NALYSIS~ Staff completed a comprehensive evaluation of this !and use petition and th© 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 ba~d on that comprehensive overview. The listed criteria arc specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus rcquir/ng staff evaluation and comment, and shall bc used as the basis for a recommcndat/on of approve or denial by the Planning Comm/ssion 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 catcgonzcci as either pro or con, whichever the ca~e may be, in the opinion of staff. Staff review of each of the crlt~rJo/1 is followed by a summary conclusion culminating in a detetrrdnation of compliance, non-compliance, or compliance with mitigation. These evaluations ate completed as separate documents and arc attached to the staff report as Exhibit "A" and Exhibit In add, eton, 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 peririch's relationship to the community% future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elcmcnts. 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: 4 DEC I 2 2000 Rece~ve~l: tl/15/2OOO 13:O4; ->Goodlette,Coleman,&Johnson,PA; #O51; Page 20 11/15/2~00 12:53 9414032395 CONNUNZT¥ DEVELOPNEN PAGE 20 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 Cvrowth Management Plan (GM~P) as it applies specifically to Collier County's legal baals for land use planning. Compatibi!i _ty - 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 lmyposcs mixed-u~ r~sidential. Thc proposed PUD is compatible with surrounding propc-riles by virtue of similar housing types and common elements as will be found in neighboring future development. The sUmt!~cl~ in the proposed PUD Document are similar to those of recently approved neighboring PUDs with some minor differences. Those differences of concern to County Staff can be changed by approval of certain stipulations specified in Staff's Recommendation at the end of this report. Also, the propo~l density of 5.0 units per acre can also be considered a transitional density between the lower der~ity development further to the south and the higher density development to the north and east. Traffic - The primary vehicular access points will be from the future Livingston Road and the southward extension of Whippoorwill Lane and its east-west connector road to Livingston Road. Livingston Road will be completed the year 2001, and the east-west extension of Whippoorwill Lane would be completed alter the construction of Livingston Road. While wc recognize the current deficiencies that exist on the County's arterial road system, which will be fi~ther impacted by this and other developments in the immediate area of Pine Ridge Road, the required improvements imposed on this and other developments should positively contribute to casing the burden of traffic impacts. This will be accomplished by makinE Whippoorwill Lane and an east-west connector to Livir~ston Road a public urban collector. This road will serve to allow a choice in dLrecdon 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 s/reply by the action to make the Whippoorwill Road improvements. Th/s 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, part/cularly m light of the fact that at the onset all traffic will have access to pine P,.idge 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 policic~ in the Crrowth Management Plan. That is not to say that projects could not bc phased to minimize these impacts; however, transportation staff has indicated ~.at as few as 500 dwell/ng units may cause operational deficiencies at the Whippoorwill Lane/Pine l~idgc Road intersection; however, this intersection was recently upgraded with a ~ signal ~md is expected to function at an acceptable LOS. The petitioner has also indicated a willingness to participate in area-wide improvements. Acceptable stipulations have been incorporated into the PUD Document, which will require the property owner's participation m mad, utility, and drainage improvements. Utility Infrastrucmr~ - Both County sanitary sewer and water supply arc available to the property and will be extended as a consequence of future development. Also, all development must comply with 2000 Rec:eivecl: I I /15/2000 12:44~ 11/15/2¢88 12:48 9414832395 ->Goo~[et~e,Coleman,&Johnson,PA; #850; COMMUNZTY DEVELOPMEN Page 4 PAGE 04 --' surface water management requ/rc~ents invoked at the time of site development plan ~pproval as the case will be for dcveloprnent of this land. Furth~om, th© pt~itioner should shar~ in the cosis of upsizing utilities and water management facilities. Community Infrastructure and Services - The subject property has convenierit acce~ to a wide rarigc of community infrastructure which is enhmced by its proximity to activity centers on Pine Ridse Road at 1-75 and at A/rpon-Pulling Road, which contain shopping centers and business and medical offices all within driving distance. Additional shopping and employment opportunities a~ 1ocaied south of this project. Police, fire and other emergency s~n-vic~s can bc readily provided fronl the appropriate facilities located nearby. Alt6mative access provided via an east-west connecto! wad will minifroze trips and trip distances for residehis of this PUD and stipulations will be made in the PUD Document to ensure that the applicant provides a fair share conlr/bution to that facility's dcveloprnent. 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 dcvelopment standards and commitments. The PUD Document conta/ns all of Staff's recow. IIlendations and will make provision of standards commonly employed in s/milar 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 loca~-xi to the south. It will also include a common area, recreational ~.. tract tam.airy), trails, and access to the lakes and preservation areas for recreational use by r~sidents. ~:F_..~_~E~C 0 M M E NDATI ON: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-99- 13, the Balmoral PUD Document and Master Plan, to the Board of County Commis.ioners with the following stipulations: Change the PUD Document Table II, Dcv¢lopment Standards for Residential Aroa$, to provide the following Side Yard Setbacks for Principal and Accessory Structures: Single Family Detached: Zero :Lot Line: Two-family & Duplex: Single Family Attached & Townhouses: Multi-family: 7.5' for 1 sto~3t, 10' ifgremter than 2 stories 0' or 5' 0' or 7.5 0' or. 5 BH 15' or .5 BH OSC 1 2 2000 pg._? 2~ , Recelve:~: 11'15/2OOO 13:O4; ->Goodlette,Coleman,&Oohn$on,PA; #851; Page 19 11/15/2880 12:53 9414832395 C0MMUNITV DEVELOPMEN PRP_,PARED BY: RE~ gE,D BY: CURRENT PLANNING SECTION PLANNING SERVICES DEPARTlV~NT DATE DATE $(~' M.'~UNNUCK, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS Staff Rqx~'t for November 2, 2000 CCPC m~ting. Not~: This p~tition has b~n tentatively ~cheduled for the D~emb~r 12, 2000 BCC m~ing. COt I_I]~R COUNTY PLANNING COM1M]SSION: GARY WRAGE, ~ PUD.99-13 BALMORAL PUD/STAFF REPORT/D~Vl 11 /1~,'2000 12:45; 9414032395 ->G°°dlette,Coleman,&Johnson,PA; #850; Page 5 COHHUNITY DEVELOPHEN PAGE 85 FINDINGS FOR PUD PUD-99.13 Section 2.7.3.2.5 of the Collier County Land Developn~t Code r~luia~s the Planning Commission to make a finding as to the PUD Msstar Plans' complianc~ with tM following criteria: The suitability of the area for the type and pattern of devdopmeut proposed in relation to physical characteristics of the land, surrounding a~as, traffic and drainage, sewer, water, and other utilitl~. (i) Intensifying land devcloprncnt patterns produces economics of ~cale r~lative to public utilities, facilities and services, which are currently available in this (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (ii) The subject property is served by a n~twork of arterial road~ and planned roads, all within the urbanized area facilitating access to a variely of community services and facilities. . on: (i) The combined traffic impact of the proposed PUD and surrounding and nearby proposed development wild cause ope~tional deficiencies to the local mad network, unless ~m e~st-w~st connector road from Whippoorwill lane to Livingston Road is provided. (ii) Loss of travel time for users of the same arterial mad network due to the need ~n' an east-west connector road. (iii) A plan for ex~nding water and sewer to this area is ne4~ although tl~r~ is available capacity. (iv) Additional easement area is needed by the County to provide ad~luate drainage via the Kensington Drainage Canal (along the south property lin~ of the Balmoral PUD) to insure that Livingston Road can be e, onstn~te~l on time. Livingston Road is the same facility that Balmoral PUD will dela~nd on for Exhibit "A" i { "'"-" ? 2 2000 Reoelve¢: 11/15,/2000 13:03; 11/15/2888 12:53 9414832395 -~Goodlette,Coleman,&Johnson,PA; #851; COHHUNZTY DEVELOPHEN Page PAGE 18 (v) Existing residents oftgin l~V¢ a r~sidential intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, decreasing safety, in~n8 noir, and reducing property values. ~ Jurisdictional reviews by County staff support the manner and l~ttern of the proposed development, except that there is anccd for adequate planning of road. drainage, and utilities facilities, in order to ensure that levels of services ar~ not degraded, that operational diffict~ltics on local roads arc minimize(L and trip dis~ are rmnimizcd. Any inade(.uacies 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 pr~scribed by the Orowth ]~umagerncnt Plan. Development conditions contained in the PUD document give insurance that all infrastJuctur~ will be developed and be consistent with County regulations. Adequacy of evidence of unified control and suitability of any proptreed agrmements, contract, or other instruments, or for amendments in tho~e proposed, particularly as they my relate to aFrangements or provisions to be made for the continuing operation and nmintenance of such m~s and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findine: Documents subrmtted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and mairttcnance of common ar~as. Conformity of the propoeM Planned Unit Development with the IgOab, obJectlv~ and policies of the Growth lVl~10m~t Plan. Pro: (i) The devcloprncnt strategy for the subject property is consistent with most of the goals. objectives and policies of the Orowth ]Viana~eraent Plan, (ii) The proposed PUD will provide sharexl access with the proposed Alexandria PUD, thereby limiting access from Livingston Road to one access point which is consistent with Policy 4.4 of the FLUi~. (i) The Density Rating System of the FLUE requires interconnections to all fuuire adjacent projects or one dwelling unit per acre may be subtracted as cloemed appro~ate by the Board of County Commissioners. This applicant wants to forego any interconnections between Whippoorwill I~c and Liviltgston Road, and is l~posing a 1.800 to 2,500-foot cul-de-sac as an option within the PUD Document. DEC 1 2 2000 2 11/15/20~P /15/2000 12:45; ]2;4~ 9414~32395 -~Goodiette,Ooieman,&Johnson,PA; #850; Page CObHUNITY DEVELOPHEN PAGE (ii) The proposed PUD doos not promote improved coordination of land uses with public facilities as stated in Objective 4 of the F~ The Density Rating System of the FLUE requires interconnections to all future adjacent projocts or one dwelling unit per acre may be subtracted u deemed appropriate by the Board of County Commission¢~rs. Meeting the Density Rating requirement can accomplished by the applicant providing dedica~ easements and contribution to constroction of a Whippoorwill Lane local collector and an ea~t-we~t connector road, and by interconnecting the Balmoral privsJe d~iv¢ between Wh'tppooovili La~e and Livingston Road. The proposed interconnection ~md shared access with Alexandria PTID would also satisfy part of this roquireme~t. Th~ need for an es, st-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 eomimtlbilRy of proposed include restrictions on location of improvements, restrletio~ on d~l~l, and buffering ~md acroenlng requirem~nt$. The PUD has been designed to minimize internal land us~ conflicts through open space separation thereby protecting sensitive areas ~ 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, such as along the future Livingston Road. ]~ZSLiP.~-' 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 ~l~nd Development Code or by approved PUD requirements and conditions to ensure harmonious relationships betwoen projects. A condition to this laUD should be made that prohibits chain link fences along Livingston Road. The mieqtmcy of usable open space areas in existence and as proposal to serve the development. Pro/Corn Evahmdon not applicable. Summnrv Findine; The amount of open space ~et aside by this project meets or exceeds thc provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available Improvements and fncilitie~, both public and private. ,:_: 2000 11/15/20~d 11 ,' 15/2000 12: 53 9414032395 ->Goodlette,Ooleman,&Jo~nson,PA; #851; Page 17 COMMUNITY DEVELOPMEN PAGE 17 Pr~ (i) Timing or sequcr,ce of d~vcioprnant in light of concurrency requirem~ts is not a significant pmbiem. Con: (ii)Combined impacts of all seven proposed PUDa in this area will ~eate operational difficulties and degraded levels of services for wanspro'oRion, drainage, and utilities. Total trips for the combinc~! development will be about 16,806 ADT. This is significant. _Sununarv FlndinI: Timing or sequence of 0~vclopment in light of concurrency requirements is not s significant problem for this single PUD, but operational difficulties and decreased LOS will cause problems for County roadways, including Pine Ridge Road and the future Livingston Road (see Analysis in Staff's Report). The best solution to overcoming or minimizing these deficiencies is to provide - County collector road and an cast-west connector from Pine Ridge Road along Whippoo~vill Lane to the future Livingston Road. The County also needs an additional easement for the Kensington Drainage Canal in order to provide ~I drainage for the f'~ttwe Livingston Road, and neighboring prope~e~ will also need access to the canal for drainage from their properties. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary ~indim,: Ability, as applied in this context, implies supporting infrastructure such ~ wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions ¢man na from urban development. This assessment is described at length in the staff r~port adopted by the CCPC. Relative to this petition, ck~'vclopment 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 tr/, above. Conformity with PUD regulations, or m to d~sirabk modifications of such regulatiom in the particular case, based on determination that such itlodJJ~lltiOns are Justified as meeting public purposes to a degree It lit equivalent to Iltm-M application of such regulations, Pro/Con: Evaluation not applicable. ~;ummarv Findinz: This finding csscntially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be reqmred for the most similar conventional zonin8 district. The development stanclarda in this PUD are similar to those standards u~ci for the particular housing structures and associatexl requirements. The proposed density will be conforming if it is held to an acceptable density (ace Staff's Report) .... FINDINCaS FOR PUD-99-1MIMM ACtA ITF_~ DEC 1 2 2300 pg. /7 Received: 11/15/2000 12:46; ~/~5/2000 ~:40 94Z4032395 ->Good[ette,Coleman,&John$on,PA; #B50; COMMUNITY D~V~LOPH~N Page 7 PAGE 87 REZONE FIND~GS PETITION PU~99-13 Section 2.7.2.5. of th~ Collier County L~nd Development Code r~luim that the tvport and recommendations of the Planning Commission to the Board of County Commissionera ~hali show that the Planning Commission has studied and consider~ the proposed change in relation to the following, where applicable: Whether the pFoposed clumse will be consistent with the loah, objectives & policies of the FutuFe Land Use Map and the elements of the Growth Mmut~sn~t Pbm. ~ (i) The development strategy for the subject property is consistent with rno~t of the 8oals, objectives and policies of the Cn'owth Management Plan. (ii) The proposed PUD will provide shared access with the proposed Alexandria PUD, thereby limiting access from Livingston Road to one access point which is consistent with Policy 4.4 of the FLUE. (i) The Density Rating System of th~ FLUE requires interconnections to all futttm adjacent projects or one dwelling unit per acre may be subl~ctext as deemeAl appropriate by the Board of County Commissioners. This applicant want~ to forego any interconnections betw~-n Whippoorwill Lane and Livingston Road, and is proposing a 1,800 to 2,500-foot cul-de-sac as a~ option within the PUD Document. (ii) The proposed PUD does not promote improved coordination of land uses with public facilities n, stated in Objective 4 of the FLUE. ~ The Density Rating System of the FLUE require8 interconnections to all future adjacent projec~ or one dwelling unit per acre may be subm~te.d as deemed appropriate by the Board of County Commissioners. Meeting the Density Rating requirement can be accomplished by the applicant providing dedicatexi .easements and a fair share contribution to construction of a Whippoorwill Lane local collector and an east-west connector road, and by interconnecting the Balmoral private drive between Whippoorwill Lane and Livingston Road. The propoaed interconnection and shatvd access with Alexandria PUD would also satisfy part of this rVxluirement. The noe~! for an east-we, at connector road is far greater than penalizing this project one unit per acre, and the needed contributions should be stated aa conditions of approval of this PUD. Exhibit "B" 11/15/28E~8 ~ '~ /15/2000 13:02; 12: 5.3 9414832395 ->GooO1ette,Coleman,&dohnson,PA; #851; Page 16 COMMUNITY DEVELOPMEN PAGE 16 The existing I~nd use linttern; Pro: A more detailed study is contained in the staff wport. Con: None ~;ummar~, Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nea~y districts because it is consistent with expects! land uses by virtue of it~ location within the Urban Residential Subdistrict on the Future Land Us~ Element and location within the density band. The possible creation of an Isolated district unrelated to ndJneent and n~mrby districts; Pro: The proposed rezonc is similar to other proposed and approved PUDs in this area. Approval of this PUD will not create an unrelated zoning district. Con: Evaluation not applicable. Summar~ FindInns: The parcel is of sufficient size that it will not result in an isolated district umelat~ to adjacent and nearby districts. Whether existing district boundaries are IHogica!ly drawn in relation to existing conditions on the property proposed for change. Pr~ The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary, Findinns: Nearby Irarids arc 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 within two existing zoned PUD projects. Whether changed or changing conditions make the passage of the proporal amendment necktory. ,Pro: The proposed zoning change is appropriate based on the previously approved FLYDs in the area and because its relationship to the FLUE (Futu~ Land Use Element of the Growth ]VLanagcmcnt Plan) is a positive one. Cron: None. Summar~ Ftnd|nes: There are problems with the anticipated combined im similar neighboring development being reviewed at this time. -t's~-rc may be o1~ 2 ~ct~ of DEC 1 2 20£ 11/15/ 11/1.5/2000 12;46; ]2:49 9414832395 >G°odlette,Ooleman.&Johnson,PA; COMMUNITY P~GE difficulties related to tra~c, dmim~e, and utilities. This may be minimized, however, by providing dedicated casemenu and right-of-way, and providing an cast-west connector road between Whippoorwill Road and the future Livingston Road. %~q~ether the pFopoeed chunhe wfil adversely influence living conditions in the neighborhood; ~ (i) If integrated into a coordinated area-wide plan, thcr~ will be little adverse conditions. ~ (i) Lack of a coordinated effort to plan for necessary facilities will result in operational deficiencies (see Staff Report). Summary, Findinoa: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standarch and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments, and roadways. ff not, then 8 lower density should be adopted to ensure that the FLUE policies and objectives are reel Whether the proposed chnn~e will cFente or excessively incFease trnfflc con stlon or ctente types of tturfic deenu~d incompatible with furFounding land uses, beenuse or peak volumes or projected types or vehicular traffic, including activity during construction phases of the development, or otheFwbe affect publk safety, ~ (i) The p~posed PUD will provide shared nccess with the propo~ Alexandria PUD, thcmby limiting nccess from Livingston Road to one access point which is consistent with Policy 4.4 of the: PLUE. (i) The property will access private and public roads providing access to the arterial and collector road system tarring the project. Other projects dependent upon the same street system may per~ve this result as one which will reduce their perceived comfort levels. As urban intensification increases, there is some 1ou of comfort and eas~ of travel to the motoring public. However, by law, this degree of discomfort is r~gulated by conctw~ncy requirements. (ii) In the short run construction traffic is necessar~ for development may be imputing to local r~sidents. fiji) The combined traffic impact of the propo~ PUD and surrounding and nearby proposed development will cause operational deficiencies to the local road network, unless an e~t-wcst connector road from Whippoorwill Lane to Livingston Road is provided. 3 ~1/15/3088 11/15/2OOO 13:O1; 12:53 9414032395 ->Goodiette,Coleman,&John$on,PA; #851; Page 15 CONHUNITY DEVELOPHEN PAGE 15 (ii) Lo~s of travel ~ for users of the ~ arterial road network due to th~ need for an east-west connector road. ~;ummarv Findinns: There will be operational d~ficiencies if this project is approved, unless additional facilities are provided (see Staff Report and Attachment "B"). Additionally certain traffic management system improvements may be reqtlir~l an a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis, all fezone actions are subject to the Concurrency Management System and hcalth and welfare concerns. Whether the proposed change will create a drainage problem; PrO: (i) The l~nd Development Code specifically addresses prerequisite development standazOs 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 ~ununarv FindJars: Every project approved in Collier County involving the utilization of land for some !and use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. 1'nia 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 ~eriously 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 dislzicts in the LDC that are designed to protect the circulation of light and air to adjacent areas. C...on: None. $,~mmarv Flndlnts: All p~jects in Collier County m subject to the development standards that are unique to the zoning district in which it is located. Thes~ development standards and othcrs apply generally and equally to all zoning districts (i.e., open space requirement, corndot management provisions, etc.) were designed to ensure that light penetration and circulation of air does not advcrsely affect adjacent areas. 4 B2 ; 1 2 2000 11/15/2880 I~_': 48 941,4832395 - >Goocllet t e , Coleman , &Johnson , PA; #850; COHHUN'T TY DEVELOPHEN Page 9 PAGE 10. 11. 12. 13. W~ether the proposed change will advm'~ely affect property value~ in the adJaeeltt area; c~n: Typically urban intensification increases the value of contiguou~ underutil~ land. This project should have little negative impact on surrounding propre'ties if development standards and conditions are followed. Sometimga, urban intensification is perceived na having a negative impact on nc~ghboring property values. ~;ummary Findings: This is a subjective detenmnation based upon anticipatexl reault~ 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 detemtination 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. Thc proposed PUD should have a positive impact on property values, especially if it is develol~ with transition of d~nsity and intensity of developmurat. Whether the proposed change wtll be n deterrent to the improvement or development of ndjn~t property in actordance with existing regulations; ~-o/Con; Evaluation not applicable. Summa~ .Findinns: 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 n change in zoning will not ~ impforest of adjacent property. Whether the proposed change will cotmUmM a grunt of special privilege to an individual owner as contrasting with the public welfare; I~o/Con: It is possiblc that approval of this PLTD withOUt stipulations that ensure nec~s~y dedications and a fair-sha~ of roadway improvements, will grant a special privilege to the applicant by excusing him from InulJcipating in infnmtx~ture improvements which will benefit him. ,~unana,~, Findinns: 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 ~m am substantial ressore why the property cannot be used in accordance with existing zoning; Pro/C~n: Evaluation not applicablc. 5 Recezved: 11/15/2000 13:01; 3.1/15/2000 12:5:3 9414032395 ->Goodlette,Coleman,&dohnson,PA; #851; COMHUNZTY DEVELOPHEN Page PAGE 14 14. 15. ~unmm~ Findina; The aubject prop~y can be developext in ~.~otdan~ with the existing zoning;, however, to do so would deny this petitioner of the opportunity to maximize the development potential of the aite as made possible by its consistency relationship with the FLL~ and by providing necessary facilities to minimize impacts to Icvcls 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. 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 wilh surrounding and approved PUD property in size and ~cale. _SunBinary Findines; The subject PUD will not comply with the Orowth IVlanagement Plan if not developed as part of an inca-wide plan. 1%rthermorc, although the PUD Document appears to address the scale of development, the concept plan makes it difficult to cleterrninc the scale and intensity of developmere because it doea not define where units may be 1ocalcd in relation to intm'nal and external development. Whether is It impossible to find other adequate sites in the County for the proposed use in districts already permitting such true. Pro/Con: Evaluation not applicable. Summary Findines: Them ~e 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 dete~iiiinants 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 de~ree of site attermtlon which would be required to make the property usaMe for any of the ran~e of potential uses under the prop(Meal zoning classification. Pro/Con: Evaluation not applicable. Sununarv Findines: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further clcfine the PUD. 17. The impact of development on the availability of adequate public f~ties and services consistent with the levels of service adopted m the Comer Count7 Growth Rece~_ve,~: 11/15/2OOO 12:48; il/15/2888 i~: ,48 94i4032395 - ~Goodlet t e , Coleman , &Johnson ~ pA; #850.; COI~'IHUN T Ty DEVELOPHEN Page 10 PAGE lVianageme~t Plan and as defined and implemented through the Collier C~)unty Adequate Public Facilities Ordlmmce, as fretended. l~'o/Con: The proposal PUD will havc a minimal impact ow LOS if stipulations are made on its approvs] which minimizc road impacts (see Staff Report). ~umm~rv Findinns: A multi-disciplined ~ responsible for jurisdictional elements of the GMP have reviewed this petition for consistency with the OM]). The proposed PUD is consistent with most objecQv~ and policies but it should also promote improved coordination of land uses with public facilities as statcA in Objective 4 of the FLUE. In ord~ to do this, the proposed PUD should be considered as part of the Whippoorwill Lane Coordinatr. xi Master Plan, which re.~ons that this PUD and others in the study are~ have a combined impact on levels of services, access, and drainage. The applicant should bc 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 rond's construction. The conditions of approval will be incorporated into the PUD document to c-nsure that this neext is met. AGENDA !~Ti~M DEC 1 2 2000 Reoeived: 11/15,/2000 12:55; 11/15/2888 12:53 9414032395 ->Goodlette,Coiemanj&Johnson,PA; #851; COHHUN[TY DEVELOPHEN Page PAGE 02 AGENDA ITEM 7-K ADDENDUM For Petition PUD-99-13 ST~'?F RECOMMENDATION: That the Colli~ County Planning Commission (CCPC) recommends approval of Petition PUD- 99-13, the Balmoral PUD Document and Masts' Plan, to the Board of County Commissioners with the following stipulations: 1. Change the PUD Document Table II, Development Standards for Residential Areas, to provide the following Side Yard Setbacks for Principal and Accessory Structures: Single Family Detached: Zero :I_.o! Line: Two-family & Duplex: Single Family Attached & To~nhouses: Multi- family: 7.5' for 1 story, 10' if greater than 2 stories 0' or6' 0' or7.5 0' or. 5 BH but not less than 6' 15' or .5 BH The pem~oner shall dedicate a 40-foot-wide strip of land along the project's eastern property boundaD' 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 construction plans and plat approval, whichever occurs first. The valuation of the land for the acquisition of the Whippoorwill Lane right-o:' way and the cast'xvest road right-of-way shall be home proportionally by the Developer on a p~r unit basis wid,, all development having frontage on or access to Whippoorwill Lane or its east/west ext~-msi~n~ wkich by 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. A san/taD' 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 this project but having area-wide benefits will be prorated against this project but will be proportionally shared by the Developer with all benefiting projects. Said pro rata costs shall be determined by Collier County on a per unit basis with all development projects having frontageon or accss to these utilities along Whippoorwill Lane or its east/west extension and shall be made payable to Collier County prior to the issuance of any builchng permits for this Development. Said costs with area-wide benefits incurred by this Development shall be rebated pursuant to the terms of a Developer Contribution A~.,eement. Page 2 of 3 E;,_"" t 11/15/'28~ ~.40 9414032395 -~Gooc~iette,Coleman,&Johnson,pA; #850; COHMUN,Z T¥ DEVELOPHEN Page 22 PAGE 22 If another developer having frontage on or access to Whippoorwill Lane or its east/west extension has initiated construction or completed construction of the north/south segment of Whippoorwill Lane or its east/west extension, water and sewer utilities within this right-of- way, or area-wide drainage facilities directly benefiting this project, the Developer shall enter into a Developer Contribution Agreement prior to the issuance of any building permits agreeing therein to pay its fair share for these facilities as determined by Section 5.9. Vehippoorwill 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 shah be dedicated to Collier County upon completion of construction. Page 3 0£3 Petition No.: Date Petition Received: [lit }Ji[ Commission District: Planner Assigned: '%5~ .C ....,4~-~..~/: ......... ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Applicant's Mailing Address: City: Naples State: Florida Applicant's Telephone #:941-566-8700 Fax: Name of Agent: Michael IZ Fernandez. AICP Firm: Agent' s Mailing Address: City: Naples Agent's Telephone #: Relleum, Inc and Granite Development I1, L. C 801 Laurel Oak Drive, Suite 700 5133 Castello Drive, Suite 2 State: Florida Zip: 34108 941-566-1505 941-267-6934 Fax: Planning Development, Inc Zip: 941-263-6981 74104 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 Name of Homeowner Association~ Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address N/A City State ~ Zip. City State__Zip City State __ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State__Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. SOUTHERN PORTION (South 660-~ FeeO: Name and Address and Office Percentage of Stock Relleum, Inc. John Scot Mueller, President lOO% 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 LLMITED PARTNERSHIP, list the name of the general and/or limited partners. NORTHERN PORTION ~'orth 660-~ Feet): Name and Address Percentage of Ownership Granite Development II, L. C Re!!eum, Inc. 75% John Scot Mueller 25% APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 3 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: 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 ( ): NORTHERN PORTION: 1/22/92 and SOUTHERN PORTION: 6/6/00 Term of lease n/a Yrs/mos If, Petitioner has option to buy, indicate date of option:n/aand date option terminates: , or anticipated closing daten/a Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FQR PUBLIC HEARING FQR PUD liEZONE - 5/98 Page 4 Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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: 495 Range: 26E Lot: Block: Subdivision: Plat Book Page Property I.D.#: Metes & Bounds Description: Please see attached Exhibit "A" Size of property: 2.$95± fl. X1,$20 ± fl.=Total Sq. Ft. 2,577,009 ± Acres 59.16 ± Address/general location of subiect property_: 3,800 ±feet south of Pine Ridge Road and 8,500 ±feet north of Golden Gate Parkway; with 1,320 ±feet of frontage on the east side of the future Livingston Road Adjacent zoning and !and use: Zoning Land use N Agriculture Horse Farm and Vacant- l/ndeveloped- Borrtn, Pit S Agriculture Vacant- Farming E PUD Vacant - Whippot,viii Woods PUD and Borrow Pit W R/W Future Livingston Road APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 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). 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 zoning district(s) to the PUD zoning district(s) A - Agriculture Present Use of the Property:.. Eastern Portion: Vacant - Farming - Borrow Pit Western Portion: Vacant- Vegetated Proposed Use (or range of uses) of the property: Residential Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staW s analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Ref, one Considerations (LDC Section 2. 7.2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and fittu~'e land use map and the elements of the growth management plan. 2. Ihe existing land use pattern. 3. Ihe possible creation of an isolated district unrelated to adjacent and nea~ districts. APPLICATIQN FOR PUBLIC HEARING FQR PUB REZQNE - 5/98 Page 6 4. Whether existing district boundaries are illogically drc~'n m relation to existing conditions on the propert>' for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (fezone) necessary. 6. Whether the proposed change will adversely mj7uence living conditions m the neighborhood 7. Whether the proposed chcmge will create or excessively increase traffic congestion or create t>pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected t>Iges of vehicular traffic, inchtding 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. ! O. Whether the proposed change will seriousD' q.ffect property yahres m the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property m accordance with existing reg~dations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfi~re. ]3. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. ]5. Whether it is impossible to find other adequate sites m the county for the proposed use in districts already permitting such use. The physical characteristics of the propert>' and the degree of site alteratiot: would be required to make the property usable for an),' of the range of poten under the proposed zoning classiftcation. 16. APPLICATION FOR PUBLIC HEARING FOR PUD REZQNE - 5/98 1 Z 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 platt and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re[one Considerations (LDC Section 2. 7.3. Z5) i. The suitability of the area for the Olde and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, trqffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of a~o, proposed agreements, contract, or other instruments, or for amendments in those proposed, partic~darly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this t)pe shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management platt. The internal and external compatibility of proposed uses, which conditions may inchMe restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject property and of surrounding areas to accommodate expansion. regulations in the particular case, based on determination that such mc of justified as meeting public purposes to a degree at least equivalent application of such regulations. APPLICATION FOR P,UB. LIC BEARING FOR PUI) REZONE - 5/98 Conformity with PUD regulations, or as to desirable modifications of such Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the ci,Ac or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structures(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas; proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · c. An architectural rendering of any proposed structures. APPLICATION FOR PUBLIC HEARING FOR PI. JD lIEZONE - 5/98 An En,Aronmental Impact Statement (EIS), as required by Section 3 Development Code (LDC), or a request for waiver ifappropriate.~ g.__~22,, Page 9 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. Such identification sh~ 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); g. 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 archeological 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 PUD REZONE - $/98 Page 10 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a ,najor or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals. MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1~ Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Ser~ice (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service. (LOS) 5. An3 proposed improvements (to the site or the external right--of-~vay) such as providing or eliminating an ingress/egress point. or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system 7. For Rezones Only: State holy this request is consistent ,a~th 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: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadaay Improvements 6. Proposed Schedule (Phasing) of Development APPLICATIQN FQR PUBLIC HEARING FOR PUD REZQNE - 5/98 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or fezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Trafl'~c: Provide a map depicting the current traffic conditions on all links within the RDI. The A,aJ2)T, PSDT, and LOS shall be depicted for all links within the Level of Service (LOS): Th;e LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI); The TIS shall cover the least of the following two areas: a) b) an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land U~e Residential Distance 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49,999 Sq. Ft. 2 Miles 50,000: 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399,999 Sq. Ft. 5 Miles 400,000 & Up 5 Miles In describing the RDI, the TIS shall provide the measurement in road miles from tt project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - fi/98 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map, or alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned / Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 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 approval. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 13 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST NAME OF APPLICANT(s): MAILING ADDRESS:. CITY: Naples Re!leum, Inc. and Granite Development ILL. C 801Laurel al~ Drive ui e 700 STATE: Florida ZIP: 341o8 ADDRESS OF SUBJECT PROPERTY (IF AVAIl.ABLE): 4. Section: 18 Township: 495 Range: 26E Lot: Block: Subdivision: Plat Book Page Property I.D.#: Metes & Bounds Description:. please see attached Exhibit "A" TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable System): a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME: d. PACKAGE TREATMENT PLANT r-1 (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVDE NAME: d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PIJ,.D I~ZONE ~ 5/98 x [] [] DEC ! 2 ~'~ TOTAL POPULATION TO BE SERVED: 2.2 x 296 = 651 2. 2 x # units = PEAK AND AVERAGE DAII.Y DEMANDS: A. WATER - PEAK: 40,114 gpd AVERAGE DAIIJY: 29¢ x 2.2x 154 = B. SEWER - PEAK: 26,048 gpd AVERAGE DAII,Y: 296 x 2.2x 100 = 100, 285 gallon s 65,120 gallons IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: October, 2000 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY 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. Ihis 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 Notarized Statement Will be Provided Prior to Approval 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from a~ other than the County, a statement from that provider indicating that there capacity to serve the project shall be provided. APPLICATION FOR PUBLIC HEARING FOR PUD REZQNE - 5/98 Page 15 PUD REZONE APPLICATION (AMENDED SUBMITTAL) SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or co ,n s 1. Completed Application 2 X 2. Cop)' of Deed(s) and list identif).ing Owner(s) and all 2 X Partners if a Corporation 3. Completed Owner/Agent Affidavit. Notarized 2 X 4. Pre-Application Notes/Minutes X 5. Conceptual Site Plan X 6. Environmental Impact Statement - (EIS) X To be proxided under separate cover. 7. Aerial Photograph - (with habitat areas identified) 15 X 8. Completed Utility Prox~sions Statement (~Sth required 2 X attachments and sketches) 9. Traffic Impact Statement - (TIS) X 10. Historical and Archaeological Surv~' or Waiver X Application 11 Copies of State and/or Federal Permits N/A X ~2. Architectural Rendering of Proposed Structure(s) N/A X 13. Application Fee. Check shall be payable to Collier X Count- Board of Commissioners 14. Other Requirements - X As thc 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 processing this petition. Agent / Applicant Signature ~ Date APPLICATION FOR PI, IBLI(~ HEARING FOR PUB REZQNE - 5/98 Page 17 A FFIDA FIT 14~ I, Re!!eum, Inc. being first duly sworn, depose and sea' that we I am are the owners of the propert?,. ' described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the discloxure qf mterest #.tformation, all sketches, data, and other supplementary matter attached to a~d made a part of this application, are honest and rate to the best of our/mowledge and beliqf. We 'I understand that the information requested on this application must be complete a~ut accurate card 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 properO, owner We I fi~rther authorize Planning Development Incorporated/ 3,1ichael R. Fernandez, AICP to act as our ," my representative in any matters regarding this Petition. ,gt]~~ure of r~op~r~ Own"'er- - - Relleum, John Scot Mueller, President The foregoing instrument was acimowledged before me this d~ ~,~Xday of ...T ~.t...¥ 2000, by 2~4k1 .~_.t>~' I~.~P... who is personally Iolown to me ~r has ~.r~d::cc.d State of Florida County of Collier ;~ ~.~ ~mn No. CC 651737 (~ 't*s~ My C~gion Esp 07/11t2~1 (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commis Name of Notary P,tbli0 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 A FFIDA )4'2, I, Granite Development ILL. C being first duly 3worn, depose cowl say that we I am are the owners of the propert), described herein and which is the subject matter of the proposed hearing; that all the atm4'ers to the questions in this application, tachMing the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are hottest and trite to the best of our lmowledge and belief We I understand that the it)formation requested on this application must be complete co~d accurate and that the content of this form, whether computer generated or Count), printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We l fitrther authorize Planning Development Incorporated/ Michael IL Fernande~ AICP to act as our my representative m an), matters regarding this Petition. 2S;,;,~.~.~ of Property Owne~- Granite Development II, L.C. JOHN SCOT MUELLER, MEMBER Print Name and Title of Property Owner 7he foregomg instrument was acknowledged before me this g]&'~day of ff'u~ t_'r' , 2000, by ,~'¢14~J ~c.~r' ~t.cKt~_ who ispersonally lmown to me State of Florida County of Collier ~j ~'~' Igotaty Iha~i~, Sure of FIo6~ , (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commissioned Name of Notary Public) ~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 EXHIBIT "A" LEGAL DESCRIPTION T. HE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.R BOOK 1681, PAGE 5 AND OR. BOOK 803, PAGE 1483. PUBLIC RECORDS OF COLLIER COUNTY THE SOUTHWEST 1/4 OF THE SOUTHV,~EST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH. [LANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COU~'NTY~ FLORiDA~ AND THE SOUTH ~t.'~ OF THE SOUTHEAST 1/4 OF THE SOUTHinEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COL~TY, FLORIDA. ENTIRE SUBJECT PARCEL CONTAINS 59.16 ACRES. MORE OR LESS, __ :5i 9414032395 COMMUNITY DEVELOPMEN PAGE 04 EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.K. BOOK 1681, PAGE 5 AND O.R. BOOK 803, PAGE 1483, PLrBLIC RECORDS OF COLLIER COUNTY. TIlE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF ~ PUBLIC RECORDS OF COLLIER COUNTY, FLORD.4s THE SOUTH % OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, OF TI-iE PUBLIC RECOKDS OF COLLIER COUNTY, FLORJDA. EN'TIRE SUBJECT PARCEL CONTAINS 59.16 ACRES, MORE OR LESS. ORDINANCE NO. 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 ~ER 9618S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BALMORAL PUD FOR A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 296 DWELLING UNITS, LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD APPROXIMATELY 3,800 FEET SOUTH OF PINE RIDGE ROAD (C.R. 896) IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 59.16 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Relleum, Inc., and Granite Development II, L.C., 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" Agriculture to "PUD" Planned Unit Development in accordance with the Balmoral PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9618S, 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. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED ANT) 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: JAMES D. CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY BALMORAL A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Relleum, Inc. c/o John Scot Mueller, President 801 Laurel Oak Drive Suite 700 Naples, Florida 34108 Prepared By: Michael R. Fernandez, AICP of Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 941/ 263-6934 941/263-6981 fax PDL~fl~,F~; AOI ..COM 34103 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 1 1,27,00 TABLE OF CONTENTS SECTION PAGE # of 29 TABLE OF CONTENTS & LIST OF EXHIBITS STATEMENT OF COMPLIANCE I II III IV v PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS 16 AMENITY TRACT: DEVELOPMENT REGULATIONS 21 PRESERVE TRACT 23 DEVELOPMENT COMMITMENTS 24 LIST OF EXHIBITS / ATTACHMENTS EXHIBIT A EXHIBIT B PUD Master Plan Location Map Page 2 of 29 STATEMENT OF COMPLIANCE The development of approximately 59.2 acres of property in Collier County, as a Planned Unit Development to be known as Balmoral, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential facilities of Balmoral will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Balmoral PUD implements Policy 5.6 of the Future Land Use Element in that a minimum of sixty (60) percent of the project will be open space. The subject properry'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. 4 The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element The project will be served by a complete range of services and utilities as approved by the County. 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. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE) and therefore is eligible for the base density of 4 units per acre as provided by the FLUE Density Rating System. The proposed development also has direct access to a future arterial road and a future collector road which is consistent with the provisions of the FLUE Density Rating System Item a5 and therefore it is eligible for one (1) additional unit per acre. Page 3 of 29 The proposed density for the project is 5.00 units per acre which is provided for by the FLUE Density Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy 5.1. In summary, the subject property has an area of 59.2_e acres; therefore, the maximum number of units this development is eligible for and is proposed to have is a maximum of 296 units. The project site will have a density of 5.0 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) 59.2 + Acres 5.0+ YIELD (MAX]MUM) 296 Page 4 of 29 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 P~OSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Balmoral PUD LEGAL DESCRIPTION 1.3 The subject property being: THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.R. BOOK 1681, PAGE 5, AND O.R. BOOK 803, PAGE 1483, OF THE PUBLIC RECORDS OF COLLIER COU2qTY; AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND THE SOUTH ½ OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. SUBJECT PARCEL CONTAINS 59.2 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Relleum, Inc. and Granite Development II, L.C. hereinafter jointly called "Applicant or Developer". Page 5 of 29 14 GENERAL DESCRIPTION OF PROPERTY AREA The total site area is 59.2+/- acres and is located approximately 3,800 feet south of Pine Ridge Road and 8,500 feet north of Golden Gate Parkway with 1,320 ± feet of frontage on the future extension of Livingston Road. This parcel is located within Section 18, Township 49S, Range 26E, Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. 1.5 PHYSICAL DESCRIPTION The subject property is relatively level with elevations between 10.00 feet and 11.00 feet above mean sea level. The majority of the western portion of the parcel is vegetated The eastern portion of the parcel is currently or previously in farm production. This eastern portion also supports a 3.6+/- acre borrow' pit lake which was permitted and created in 1983 to supply fill for the development of Interstate 75. The entire parcel is encumbered by a 40 foot drainage easement and the ditch within this easement provides a drainage way for the Kensington development and other abutting lands. Natural drainage is to south and flows into the existing ditch. Water management plans for the project shall utilize lake detention areas which will result in the post- development surface water discharge volume being equal to or less than the pre- development discharge volume. The subject property has the following designation relative to flood - FEMA Flood Area Zone X, Firm Maps 120067 0385D & 120067 0425 D; Dated June 3, 1986. 1.6 PROJECT DESCRIPTION The proposed development has an area of 59.2 acres and is proposed to be developed concurrently with the extension of Livingston Road. Balmoral shall consist of a maximum of 296 residential units developed as a mixture of single and multi-family homes in a community 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 9.1 acres of existing vegetated area will be retained on site. Page 6 of 29 1.7 The deveiopment's primary' access shall be from the mid-point of its frontage on the future Livingston Road. SHORT TITLE This Ordinance shall be known and cited as the "Balmoral Planned Unit Development Ordinance." Page 7 of 29 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of Balmoral 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 any development order to which said regulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. 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. All conditions imposed and all graphic material presented depicting restrictions for the development of Balmoral shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD Document or associated exhibits, the applicable provisions of other sections of the Land Development Code remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either SDP approval, final plat approval, or building permit issuance applicable to this development. Page 8 of 29 2.3 The development of any tract approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including use of land for the acreage noted, is iljustrated graphically by Exhibit "A", PUD Master Plan. TABLE I: BALMORAL: ESTIMATED LAND USE SUMMARY TRACT LAND USE APPROXIMATE ACREAGE R1 RESIDENTIAL 8.1 R2 RESIDENTIAL 4.2 R3 RESIDENTIAL 15.6 R4 RESIDENTIAL 5.0 R5 RESIDENTIAL 15.0 AMENITY RECREATIONAL 2.2 PRESERVES A+B+C RETAINED VEGETATION 9.1 59.2 Note A. The Maximum Number of Residential Units Within the PUD: 296 Units, Approximately 5+ Units Per Acre. Note B. The Number of Units And Intensity of Units per Acre Within Specific Residential Tracts May Be Varied Provided The Number Within The Entire PUD Does Not Exceed 296 Units. Residential tract acreage includes buffers, preserved areas, other open space or recreational areas, roads and water management systems. The total tract acreage was utilized in the determination of residential density. Page 9 of 29 Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these !and areas is shown on the Master Plan (Exhibit "A") The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project development, as set forth in this Document. 2.4 Modification to all internal boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various tracts or acreage as may be necessary. DESCRIPTION OF PROJECT DENSITY No more than 296 residential dwelling units shall be constructed in the 59.2 +/- acre project area. If all dwelling units are constructed, gross density will be 5 units per acre. 2.5 DEVELOPMENT SCHEDULE The Applicant estimates completion of improvements to the property should occur within five (5) years. Year "one" (1) is the year Livingston Road construction adjacent to the site is completed. Current County Public Works Department estimates are that this Livingston Road segment should be completed by October of 2001. Year Units Cumulative Total I 40 40 2 60 100 3 80 180 4 80 260 5 36 296 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. Page 10 of 29 2.7 RELATED PROJECT PLAN APPROVAL REQUIREMENTS 2.8 Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. MODEL HOMES AND SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate, such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout Balmoral subject to the requirements of Section 26.33.4 and Section 3.2.6.3.6, of the Collier County Land Development Code. Model homes/model centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following: Single-family models may be constructed after administrative approval of the plat and construction plans prior to recording of the plat. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be an occupied unit until a permanent certificate of occupancy is issued. Page 11 of 29 2.9 Models may not be utilized as "sales offices" without approval by and through the Site DeV'elopment Plan (SDP) process. The SDP process shall not be required for single-family dry models pursuant to this Section. Temporary access and utility easements may be provided in lieu of dedicated rights-of-way for temporary service to model homes. In addition to the use of model homes as sales offices or centers, a sales office or center may be maintained on-site for the sales, marketing and administration of recreation club memberships. LANDSCAPE BUFFERS. BERMS, FENCES, WALLS AND GATEHOUSES Landscape buffers, berms, fences, walls and gatehouses are generally permitted as a principal use throughout the Balmoral PUD. Along the PUD boundaries, the landscape buffers, berms, fences and walls that may be installed shall have equal treatment and maintenance of the interior and exterior of said landscape buffers, berms, fences and walls. The following standards shall apply: A. Berms shall have the following maximum side slopes: 3. 4. 5. Grassed berms over two feet in height - 4:1 Landscaped berms - 3:1 Rip-Rap berms - 1:1 Structural walled berms 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 benns and swales, except under the following circumstances: The maximum height of the berm may be four feet, as measured from existing grade, if a 3:1 slope is utilized and the berm is landscaped. The maximum depth of a swale may be four feet, as measured from existing grade, if a 3:1 landscaped slope is utilized. A 3:1 slope is also permitted if the height of the slope is two feet in height or less or if the open channel is two feet in height or less. C. Fence or wall maximum height: The maximum height for all walls and fences around the perimeter of the development shall be eight (8) feet above the finished grade level of the nearest street. Walls and fences within the development shall conform with Collier County Land Development Code requirements. Page 12 of 29 Fence or wall setbacks: 2.10 2.11 Fences, walls and similar structures shall be set back a minimum of 5 feet from development boundaries where adjacent to public right-of-way and a 2 foot setback from all other land uses. Pedestrian si.dewalks, bike paths, water management facilities and structures may be incorporated into the required landscape buffer areas, consistent with Section 2.4.7.3.4 of the Land Development Code. Gatehouses and access control structures shall have no required setback from edge of pavement or back of curb. STREETS Platted project streets may be private or public, or may be owned by a Homeowners' Association and shall be classified as local streets. LAKE 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 from Balmoral shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All setbacks shall be measured from the location of the contour of the control elevation of the lake. Ihe required setback to any right-of-way, roadway or access easement may be twenty-five (25) feet if supported by design calculations submitted at the time of development plan review. The required setback to any extended property lines may be twenty-five (25) feet if the property line is properly fenced. The required setback to any property line or tract line internal to the Balmoral development shall be zero feet, except that a twenty (20') foot lake maintenance easement must be created and maintained. Excavation of proposed lakes may utilize blasting provided such efforts meet the minimum setbacks identified within this Section and subject to all other development standards of the Land Development Code. Page 13 of 29 2.12 FILL STORAGE 2.13 2.14 2.15 Fill storage is generally permitted as a principal use throughout the Balmoral PUD. Fill material generated may be stockpiled within areas designated for residential development upon issuance of a Clearing and Filling Permit. Prior to stockpiling in these locations, a Letter of Notification along with the plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slopes: 3:1 B. Stockpile maximum height: Thirty-five (35) feet Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level, except as may otherwise be approved by Collier County Engineering Review SeN'ices 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. ACCESS The project's primary access shall be from the future Livingston Road. This access point shall be located approximately at the mid-point of the project's frontage on the future Livingston Road. A secondary access location will be located near the project's northeast corner. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open · spaces, street trees and water management facilities shall be the responsibility of the Developer, its successors or assigns. The Developer, its successors or assigns, shall retain copies of the project's master plans for common facilities and their associated maintenance programs / requirements. Page 14 of 29 ~ 2.16 EASEMENTS FOR UTILITIES 2.17 2.18 All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the sixty (60) percent open space requirement for development as set forth in Section 2.6.32.2 of the Collier County Land Development Code. Open space shall include all pervious green space within development parcels and lots. AGRICULTURAL ACTIVITIES The eastern portion of the parcel has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the Land Development Code, shall continue to be a permitted use until such time as residential development has commenced. Page 15 of 29 3.1 3.2 3.3 SECTION 1II TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS PURPOSE The purpose of this Section is to identify. specific development standards for the areas designated as Tracts "RI", "R2", "R3", "R4" and "R5" on the PUD Master Plan, Exhibit "A". MAXLMUM DWELLING UNITS The maximum number of dwelling units that may be constructed within this 59.2 acre project is 296. USES PEKMIT~D Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible !and uses. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Residential dwellings, including single-family, attached and detached, duplex and two-family dwellings, townhouses, zero-lot line and multi~ family dwellings, including garden apartments and timeshare facilities. 2. Guardhouses and entrance gates, Any other use which is comparable in nature with the foregoing uses and which the Development Services. Director determines to be compatible. B. Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right, including private garages. (2) Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. Page 16 of 29 3.4 (3) Essential services as defined by Section 2.6,9.1 of the Collier County Land Development Code, including interim and permanent utility and maintenance facilities. (4) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. C. Conditional Uses: (1) Churches and other places of worship. (2) Schools, public and private. (3) Social fraternal organizations. (4) Child care centers. (5) Adult Living Facilities subject to Section 2.6.26 of the Collier County Land Development Code. DEVELOPMENT STANDARDS The Balmoral PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into all residential structures. Buildings will feature uni~ng and complementary design elements such as roof treatments, building materials and building colors. To reduce mass, architectural design treatments such as articulated roof lines, balconies, building offsets, and unified landscaping will be provided. The individual buildings may vary in size and configuration. Table II sets forth the development standards for land uses within the "R" Residential District within the Balmoral PUD. Front yard setbacks in Table II 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. Page 17 of 29 If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of the vehicular pavement which provides access to a designated parking space. Page18of 29 TABLE [I Development Standards for Residential Areas desienated as "R" Tracts on the PUT) Master Plan.. Single- Zero I.ot Two-Famil~ & Single- Multi-family Family I.lne Duplex Fanul~ Detached Attached and To'~qhouse Mmm-mm Lot Area (SqFI.) 5,000 3,500 3,50O (per umt) 1,800 Iper 43,56(/ unit) Minimum Lot Width 50' 50' 100' 30' 100' Front Yard Setback 20' 20' 20' 20' 20' Front Yard for Side Entry. Garage 20' 15' 15' 15' 15' Rear Yard Setback 20' 20' 20' 20' 20' (Principal) Rear Yard Setback 10' 10' 10' 10' 10' (AccessoR') Side Yard Setback (Principal and 7.5' -1 stoD',0' or 6' 0' or 7.5' 0' or 0.5 15' or 0.5' Accessory) 10' if > 2 Building Building sion' Height, but Height not < 6' Maxnmum Height (Principal and 35' 35' 35' 35' 40' AccessoD') Min. Floor Area (Sq. Ft. ) 1,200 1,000 1,000 1,000 1 lx- 700 sq. ft. 2 Ix - 9OO sq. fL 3IX- 1 I00 sq. ft. Min. Distance Between Principal 10' or 10' or 10' or 10' or 10' or Structures 1/2 SBH, '/2 SBH, '/~ SBH, '/2 SBH, 1/2 SBH, whichever is whichever whichever is w~chever is whichever is greater is greater greater greater greater BH: SBH: NOTES: Building Height Sum of Building Heights - Combined height of two adjacent buildings for the purpose of detemunmg setback requirements. Greater Than Minimum lot areas for any unit type may be exceeded. The unit t.~!oe, and not the minmaum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all zero lot line umts, a conceptual exNbit sho~mg ~pical building configurations shall be subnutted to the Customer Services Department with the application for the In-st building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Zero feet (0') or a miramum of six feet (6'), on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure 'shall have a ten foot (l 0') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Dept. with the application for the first building permit. This plan will be used to determine the 10 foot spacing requirement between structures. Site width may be reduced on cul-de-sac lots provided a mmtrnum cord length of 24 feet is provided and the average wsdth of the lot is equal to or greater than the minimum standard. Rear Yard Setback for waterfront lots may be reduced to zero (0') feet where no lake maintenance is required. Maximtun height and number of stones shall be measured and calculated from the bottom of the ceiling slab ~,h~n located a structure is located above on-grade parking. [. .. _ . Page 19 of 29 3¸5 3.6 3.7 OFF-STREET PAKKING AND LOADING KEOUIKEMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application LANDSCAPING AND BUFFERING REQUIREMENTS PUD Boundaries: A 20 foot minimum width Type D buffer along Livingston Road, the parcel's west property line and the parcel's south and east property lines where abutting public road right-of-way. The buffer shall be constructed on a berm having a minimum height of 2 feet above the water management control elevation. Required shade trees shall have a minimum height at installation of 16 feet. A 10 foot minimum width buffer along the parce!'s remaining property lines. The buffer shall be constructed on a berm having a minimum height of 2 feet above the water management control elevation. Required shade trees shall have a minimum height at installation of 14 feet. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP) as may be appropriate. Installation of individual trees shall be prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive of one per lot or one per 60 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 14 foot height at installation. Palms shall have a miramum height of 18 feet at installation. Trees must be located no more than 10 feet from the edge of pavement to be classified as street trees and shall be installed between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 12 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Master Street Tree Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements. ARCHITECTI.JRAL STANDARDS All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Flat roofs as a primary roof element for buildings and accessory structures are prohibited and roof slopes shall have a minimum pitch of 4: I. All pole lighting, internal to the project, shall be architecturally designed and limited to a height of 20 feet. Page 20 of 29 4.1 SECTION IV AMENITY TRACT DEVELOPMENT REGULATIONS PURPOSE 4.2 The purpose of this Section is to identify specific development standards for the area designated "AMENITY" on the PUD Master Plan, Exhibit "A". USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Community and recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, clubhouse and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences whose residents will have the use of such facilities. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Accessory Uses: (1) Uses and structures that are accessory and incidental to uses permitted as of right. (2) Essential services as defined by Section 2.6.9.1 of the Collier County Land Development Code, including interim and permanent utility and maintenance facilities. (3) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 4.3 DEVELOPMENT STANDARDS A. Front yard setbacks shall be measured as follows: 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.aerved by a platted private drive, the setback is measured from the roa easement or property line. Page 21 of 29 D. E. F. G. Setbacks 1. Front Yard: 2. Side Yard: Rear Yard: Maximum Height: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Area: Minimum Distance Between Structures: 25 feet 25 feet 25 feet 35 feet or three (3) stories, whichever is less. 75 feet 75 feet 6,000 feet 10 feet Page 22 of 29 SECTION V PRESERVE TRACTS 5.1 5.2 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated "PRESERVE "on the PUD Master Plan, Exhibit "A". USESPERMITTED Permitted uses within preserve areas do not preclude the requirement of preserving 9.1 acres of native vegetation. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Passive recreational areas including recreational structures. 2. Biking, hiking, nature trails and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering after appropriate environmental review. Any other use deemed comparable in nature by the Development Services Director. Page 23 of 29 SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 6.4 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in accordance with Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. The Developer, its successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. MONITORING REPORT AND SUNSET PROVISIONS The Balmoral PUD shall be subject to the Time Limits of Section 2.7.3.4 of the Land Development Code. Monitoring Report: Section 2.7.3.6 of the Collier County Land Development Code. An annual monitoring report shall be submitted pursuant to Page 24 of 29 6.5 6.6 6.7 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION PRACTICE /REGULATIONS The Site Development Plan Division of the Collier County Land Development Code shall apply to Balmoral PUD, except for exemptions set forth herein or otherwise granted pursuant to Collier County Land Development Code Section 3.3.3. SUBSTITUTION~ AND EXCEPTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: C. D. E. F. LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U. SD.O.T.F.HW.A Manual 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 right-of-way width shall be fifty (50) feet, LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul-de-sac streets shall be waived. The maximum length shall be 1,800 feet. 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 use of a surface course of paver brick or decorative concrete pavement. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non- paved areas of the right-of-way shall be waived to allow the installation of decorative planters and alternative ground cover.. LDC Section 3.28.4.22.9.c: The requirement that drainage facilities in lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of development plan submittal. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: Arterial level lighting shall be provided at all project entrances. Installation shall be in place prior to issuance of any certificates of occupancy. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. The improvements described within this Subsection, unless otherwise noted, are deemed site related and therefore are not eligible for impact fee credits. Page 25 of 29 6.8 6.9 6.10 6.11 Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass-through transmission of historical roadway runoff In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. Gatehouse facilities, if any, shall be designed and located so as not to cause vehicles to be backed up onto any public roadway. Safety access for 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 other interference. SIGNAGE All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval with the following exceptions: 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 signs shall contain only the name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material. Project identification signs shall not exceed sixty (60) square feet, excluding mounting surfaces or structures. No project identification signs shall exceed a height of eight (8') feet above the finished grade level of the nearest street. Project identification signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Page 26 of 29 P~2~; ! 2 6.12 6.13 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 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 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 Section 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 Section Staff for review and approval prior to Site Development Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation / preservation areas. Approximately 36.4 acres of the subject property remain vegetated. The Developer shall preserve a minimum of twenty-five (25) percent of the total vegetated area yielding a minimum preserve area of 9.1 acres. WATER MANAGEMENT A copy of the approved South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to any Site Development Plan approval. UTILITIES Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Page 27 of 29 6.14 6.15 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 irrigation wells. The on-site distribution system serving the project must be connected te 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. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the Land Development Code. PLANNING 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. The petitioner shall dedicate a 40-foot wide strip along the project's eastern project boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2220.3.7 of the Land Development Code when requested by Collier County or prior to construction plans and plat approval, whichever occurs first. The valuation of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne proportionately by the Developer on a per unit basis with all development projects having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Said Whippoorwill Lane right-of-way valuation shall be based on the provisions of Section 2.2.20.3.7 of the Land Development Code. Should the Developer, in its sole discretion, elect to contribute land for the right-of- way of the east/west road connector between Whippoorwill Lane and Livingston Road, such donation shall be eligible for roadway impact fee credits.Such contribution shall be made through a Developer Contribution Agreement. If the Developer and/or another developer having frontage on or access Whippoorwill Lane or its east/west extension constructs the north/south segment~x~12r~. Whippoorwill Lane or its east/west extension as a pubhc road (road developer~ and the road developer's cost for such exceeds the amount of the road developer's Page 28 of 29 project's road impact fees (based upon the rate schedule in the County's adopted Road Impact Fee Ordinance Schedule), the road developer shall be rebated amounts in excess of the road developer's project's road impact fees upon receipt by Collier County of the other development's road impact fees collected within Road Impact Fee District One, pursuant to terms of a Developer's Contribution Agreement. 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 the Developer on a per unit basis with all benefitting projects. Said costs and pro rata share shall be determined by and payable to Collier County prior to the issuance of any building permits to the Developer. Said costs with area-wide benefits incurred by this development shall be rebated pursuant to the terms of a Developer Contribution Agreement or other appropriate mechanism. A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to this Project but having area-wide benefits will be prorated against this project but will be proportionately shared by the Developer with all benefitting projects. Said pro-rata costs shall be determined by Collier County on a per unit basis with all development projects having frontage on or access to these utilities along Whippoorwill Lane or its east/west extension and shall be made payable to Collier County prior to the issuance of any building permits for this Development. Said costs with area-wide benefits incurred by this Development shall be rebated pursuant to the terms of a Developer Contribution Agreement. If another developer having frontage on or access to Whippoorwill Lane or its east/west extension has initiated construction or completed construction of the north/south segment of Whippoorwill Lane or its east/west extension, water and sewer utilities within this right-of-way, or area-wide drainage facilities directly benefitting this project, the Developer shall enter into a Developer Contribution Agreement prior to the issuance of any building permits agreeing therein to pay its fair share for these facilities. The Developer shall be deemed a benefitting party of the Whippoorwill Lane utility extensions for water, sewer utilities and area-wide drainage facilities only if they hook up to and utilize these extensions, as determined by the applicable Collier County Department. If Balmoral's utility needs for water and/or sewer utilities and/or drainage facilities are provided by other means, Balmoral will not be deemed a benefitting party of the Whippoorwill Lane area-wide utility extensions. Developer's subdivision plans shall include a commitment to extend to and connect to the County's water distribution lines on Livingston Road and Whippooz~111 Lane, establishing a looped system. Page 29 of 29 :~ ============================================================ i:i:i:i:i:i:i:i:i:i:! :':': ......::i:::::::? WHiPPOORWiLL WOODS P,.D (PROPOSED APARTMEN~ COMMUN~'~ fUTURE WHIPPOORWIL L~,NE PUBLID ROAD PUD · ~i~VEHiCULAR ACCESS TO P'~9!C ROAD ~ ~'~ o ~ - - ~ uo ~ t~x I ~ I I ~ ::::5 ~ - :':':':':':':':':':':':':':':':':':'~R~S£~:,'~,.......1.:.: :-:.'. ..... NOO'78r47'E 660. J2'" NOO'~5'Jg'E 660.29' z =~'~ LIV/NGSTON ROAD 2 2ZOQ ..T.S. PUD DOCUMENT EXHIBIT LOCATION MAP 59.20 + ACRES ' BALMORAL PUD EXECUTIVE SUMMARY ADOPT AN ORDINANCE TO AMEND THE COLLIER COUNTY EDUCATIONAL FACILITIES SYSTEM IMPACT FEE ORDINANCE BY ADDING A PROVISION FOR AN EXEMPTION FOR ADULT-ONLY COMMUNITIES OBJECTIVE: It is recommended that Collier County Ordinance No. 92-33, as amended, the Educational Facilities System Impact Fee Ordinance, be amended to provide for an exemption for adult-only communities in which, because of land use restrictions, minors may not reside. Such communities include Assisted Care Living Facilities and those with deed restrictions requiring residents to be at least 55 years of age. CONSIDERATIONS: The Board of County Commissioners adopted the subject Ordinance on May 13, 1992. The fees are assessed on residential construction at rates based on a consultant's analysis of numbers of school age children per each applicable household. Prior Florida case law has established a requirement that the assessment of impact fees pass a "dual nexus of benefits" test. To satisfy this legal standard, there must be (1) a reasonable connection between the impact fee levied and the benefits (i.e., capital construction) accruing to the new development, and (2) a reasonable connection between the expenditures of funds and the benefits accruing to the development. Understanding that adult-only communities neither contribute to the demand for new school facilities nor benefit from their construction, the consultants excluded adult-only communities from their tabulations. Since the Adoption of the Ordinance, Staff has not assessed Educational Facilities System Impact Fees for residential construction at these adult-only communities. In May 2000, the Florida Supreme Court ruled in favor of an Ormond Beach adult-only mobile home community that had-filed a lawsuit against Volusia County in response to the assess:nent of school impact fees. The Court found that such assessment did not satisfy the dual rational nexus test. In order to avoid possible confusion, staff recommends that Section 3.01 of the Ordinance, titled Exemptions, be amended to include an exemption for adult-only communities in which, due to land use restfictions, school age children may not reside. This amendment will provide exFress language that is consistent with the County's administrative procedures and practices as well as with Florida law. The Collier County Public School District is aware and concurs with the subject Ordinance amendment as evidenced by the attached correspondence from Mr. Stephen Fain, the School Board's Executive Director of Business Services. FISCAL IMPACT: This provision will not change the County's collection of Educational Facilities System Impact Fees and will have no effect on projected revenue receipts. DEC 1 2 2000 Educational Facilities System Impact Fee Ordinance Amendment - Page 2 GROWTH MANAGEMENT IMPACT: The proper collection of Educational Facilities System Impact Fees is critical to ensuring that future growth contributes its fair share to the funding of improvements and additions to the County Educational Facilities System necessitated by such growth. RECOMMENDATION:. That the Board of County Commissioners adopt the subject Ordinance. SUBMITTED BY' hillip R: Tindai1, Impact Fee Cbordinator REVIEWED BY: Judy M?ller, Re)/~r~ue Manager APPROVED BY: .~.!'~.~- ,lt~,v,,--.-~ ! , Date: l; 5[-c ~ John M. Dunnuck, III, Interim Administrator, ;-Community Development & Environmental Services Division Page I of 1 Tindall_p From: Steve Fain [FainSt@collier.k12.fi.usl Sent: Wednesday, November 22, :)000 1:55 PM To: Tindall_p Subject: Re: School Impact Fee Ordinance Amendment I concur with the proposed School Impact Fee Ordinance Amendment and respectfully request that you proceed with the Board of County Commissioners agenda. Please forward o copy of the approved amendment for my files. Thank you. Steve >>> Tindall_p <PhillTindalKDcolliergov.net> 11/21/00 02:44PM >>> <<School Impact Fee Ordinance Amendment ACLFs.doc>> Mr. Fain: Attached is a draft ordinance amending the school impact fee ordinance. The amendment adds an exemption for adult-only communities. This is not a change in procedure but a forrealization of how we have been handling this type of construction since the inception of the ordinance. This exemption is also in concert with recent case law. Please review and advise if you have any problems with the language or desire any changes. We are attempting to get this item on the December 12, 2000 Board of County Commissioners agenda. Thanks! Phil Tindoll Collier County Impact Fee Coordinator 11/27/2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLEER COUNTY ORDINANCE NO. 92- 33, AS AMENDED, BY AMENDING SECTION 3.01 TO PROVIDE FOR AN EXEMPTION FOR ADULT-ONLY COMMUNITIES; PROVIDING A SPECIAL PROVISION FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 13, 1992, the Board of County Commissioners ("Board") adopted Ordinance No. 92-33, entitled the Collier County Educational Facilities System Impact Fee Ordinance; and WHEREAS, Ordinance No. 92-33, as amended (the Ordinance), imposes Educational Facilities Impact Fees on all Educational Facilities Impact Construction, defined as "land development construction designed or intended to permit more Dwelling Units than the existing use of land"; and WHEREAS, the Ordinance defines a Dwelling Unit as "a Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons"; and WHEREAS, despite the inclusive Ordinance definition of a Dwelling Unit, Florida law does not allow the assessment of school impact fees for residential construction at adult-only communities such as, but not limited to, Assisted Care Living Facilities (ACLF's) and communities with deed restrictions requiring residents to be at least fifty-five years old; and WHEREAS, since the adoption of the Ordinance, Collier County has complied with Florida law and has not imposed Educational Facilities Impact Fees on residential construction at adult-only communities; and WHEREAS, the Board desires to ensure that the administrative provisions of the Ordinance are consistent with Florida law and the County's administrative practices. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLEER COUNTY, FLORIDA, that: SECTION ONE: Section 3.01 of Article III of Collier Couhty Ordinance No. 92-33, as amended, is h.ereby amended through the addition of Subsection 3.01(0, which shall read as follows: (f') The construction of adult-only residential housing in which, because of land use r~trictions, minors cannot reside, 'such as, but not limited to, Assisted Care Living Facilities _~DA ~TEM (ACLF's) and communities with deed restrictions requiring residents to be at ~st ti _ft~ffve years old DEC 1 2 2000 SECTION TWO: SPECIAL CONFLICT AND SEVERABILITY PROVISIONS. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, this amendment to section 3.01 of Ordinance No. 92-33, shall supersede to the extent of all such conflicts. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DeputyClerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 2 !qo. ~-'[ DEC 1 2 2.000 EXECUTIVE SUMMARY AMEND ORDINANCE NO. 2000-19, VEHICLE FOR HIRE ORDINANCE, TO RESCIND THE TEMPORARY SURCHARGE AND INCREASE THE TAXICAB RATES. OBJECTIVE: To rescind a temporary surcharge assessed by the Board of County Commissioners intended as a relief from the increasing fuel costs to taxicab drivers. Additionally, to increase taxicab rates to a more balanced rate structure that yields a fairer, more reasonable approach to reduce the financial impact to the passenger while compensating the operators for increasing operating expenses. CONSIDERATIONS: On March 28, 2000, the Board of County Commissioners declared an emergency and established a temporary $2 fuel surcharge to provide drivers rate relief in view of marked increases in fuel costs in recent months. The $2 surcharge resulted in a rate of $3.75 for the first one-tenth mile and continued the charge of $.30 for each additional two-tenth mile or fraction thereafter. During the Board's deliberations, a six-month review of the fuel surcharge was recommended. The County Manager assigned the Utility and Franchise Regulation Department (UFR) to conduct an analysis of the fuel surcharge and rate ceiling to enable the Public Vehicle Advisory Committee (PVAC) to formulate a recommendation for the Board's consideration in September 2000. The attached reports were prepared by the UFR Department for the PYAC's consideration. F#tdings: Taxicab companies are not a regulated industry to the extent that there are generally accepted or definitive ratemaking methodologies or formulas in place to firmly establish rates for services rendered. Additionally, based on the limited scope of inquiry requested from the taxicab companies' due to restricted disclosure of financial and operating data, UFR staff's approach was: · · To ascertain an average trip length per taxicab fare (results: 4.5 miles); To apply this average trip length to the current $2 fuel surcharge rates in order to determine average trip fare revenue; · To compare the $2 surcharge trip fare revenue to a revenue benchmark derived from applying the annual Consumer Price Index (CPI) over a eight year period; and · To recommend rate ceilings that are fairer, more reasonable and not unduly nondiscriminatory to taxicab companies and their customers. (see tab #4 of report) The analysis concluded that because of the multitude of variables to consider, the effect of the surcharge did not prove fair for either the consumer or the taxicab drivers. For example, for short trips, less than 3 miles, the passenger is unnecessarily penalized because 50% or more of the fare is attributed to the surcharge. The intent of the Ordinance was that the total money received from the $2.00 was solely to pay for the increased costs of fuel, but in many instances half of the money generated by the $2 surcharge was divided by the driver and his/her employer for general operating expenses. .o, DEC 1 2 2000 Summary: During the November 7, 2000 PVAC meeting, the Utility and Franchise Regulation Department recommended that the $2 surcharge be discontinued and the maximum allowed rate for the first one-tenth mile be increased from $1.75 to $2.65 and the rate for each one-fifth mile thereafter be increased from 30 cents to 35 cents. The proposed rate: Fairly provides relief for increased operating costs incurred by the taxicab companies over the past eight years; · Offers a "revenue neutral" rate alternative, as opposed to the "step-in-the-cab" $2 surcharge; · Targets a trip fare of $10.35 for the average trip length of 4.5 miles, which equals the trip fare using the current $2 surcharge rate structure of $3.75 (first 0.1 mile) and $.30 (each 0.2 mile thereafter); · Equitably reduces the impact of the $2 surcharge to the consumer and provides rate relief to taxicab companies through adjusting both rate ceiling components. PVA C recommendation: The PVAC heard staff's presentation and recommendations, and concurred that the surcharge should be discontinued. Although they also agreed with an increase in the rates, the amount of that increase being recommended to the Board of County Commissioners is less that staff's recommendation. The PVAC believed that a more equitable rate increase would result by applying the cumulative CPI increase for the past eight (8) years since the County" last rate adjustment (23%), rather than basing the increase on the current fare collected, including the surcharge, for the average trip (4.5) miles). The PVAC recommends that the maximum rates be increased from $1.75 up to $2.15 for the first one-tenth mile, and be increased from 30 cents to 35 cents for each one-fifth mile thereafter. This recommended increase represents (for the typical trip length of 4.5 miles) a 23% increase over the current rate of $1.75 (for the first 0.1 mile) plus 30 cents (for each 0.2 mile thereafter). FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners amend Ordinance 2000-19 to rescind the $2.00 temporary surcharge and approve the PVAC recommendation to increase the maximum rates for taxicabs to $2.15 (first 0.1 mile) and $.35 (each 0.2 mile thereafter). SUBMITTED BY: REVIEWED BY: APPROVED BY: i~he/l~ Edwards Arnold, Director Cod~fEnforcement Department Bleu Wallace, Director Utility an)d(_~ichise Regulation Department John C. Dunnuck, III, Interim Division Administrato Community Development & Environmental Services Date: COLLIER COUNTY GOVERNMENT COM3~ DEVELOPMENT AND ENVIRONSMENTAL SERVICES DIVISION Utility and Franchise Regulation Department Collier Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34104 October 26, 2000 Mr. Bryan L. S. Pease, Chairman Ms. Pat Baisley Mr. William J. Csogi Mr. Clifford W. Flegal, Jr. Mr. Eric Hyde Mr. Thomas W. Lugfin Transmittal of Ratemaking Staff Recommendation for November 7, 2000 Meeting of the Public Vehicle AdvisoD' Committee (PVAC) Dear PVAC Member: Transmitted herewith is the Ratemaking Staff Recommendation Packet for the PVAC meeting, scheduled for 9:00 a.m., November 7, 2000, in the Third Floor Board Meeting Room, Turner Building (Administration), County Government Center, 3301 E. Tamiami Trail, in Naples, Florida. Should any member require additional information or assistance, please contact staff at 403-2302. D. E. "BLEU" WALLACE Director cc: Mr. Thomas C. Palmer, Assistant County Attorney Ms. Michelle Arnold, Director, Code Enforcement Department Phone (941) 403-2302 www.co.collier.fl.us Fax (941) 434-5066 Memorandum To: From: Date: Subject: Public Vehicle Advisory Committee Members D. E. "Bleu" Wallace, Director, Utility and Franchise Regulation Department Michelle Arnold, Director, Code Enforcement Department October 23, 2000 Ratemaking Staff Recommendation Based on further analysis, primarily from staff's August 28th report to the Public Vehicle Advisory Committee (PVAC), and the subsequent information provided by taxicab companies, staff will recommend to the PVAC, at their November 7, 2000 meeting, the following actions: discontinue the $2 fuel surcharge; recommend balanced rate ceilings of $2.65 (first 0.1 mile) and $0.35 (each 0.2 mile thereafter) which meets the criteria below: ~ fairly provide relief for increased operating costs incurred by the taxicab companies over the last eight years; ~ offer a "revenue neutral" rate alternative to the "step-in-the cab" $2 fuel surcharge (as presented in staff's August 28~ report); ~ target a trip fare of $10.35 for the average trip length of 4.5 miles, which equals the trip fare using the current $2 fuel surcharge rate structure of $3.75 (first 0.1 mile) and $0.30 (each 0.2 mile thereafter); ~ equitably reduce the impact of the $2 fuel surcharge and provide rate relief to taxicab companies through adjusting both rate ceiling components. To summarize: RATE COMPONENTS and TRIP FARE (using average trip length of 4.5 miles) Prior to $2 Fuel Surcharge $2 Fuel Surcharge Staffs Proposed Rate Ceilings First 0.1 mile: $1.75 First 0.1 mile: $3.75 First 0.1 mile: $2.65 Each 0.2 mile thereafter: $0.30Each 0.2 mile thereafter: $0.30Each 0.2 mile thereafter: $0.35 Trip Fare (4.5 miles) = $8.35Trip Fare (4.5 miles) = $10.35Trip Fare (4.5 miles) = $10.35 In this context, staff believes that the proposed rate ceilings will provide metere uniformly fairer, more reasonable and not unduly discriminatory to taxicab cusl companies that serve them. Utility and Franchise Regulation Department Community Development and Environmental Services Div PUBLIC VEHICLE ADVISORY COMi~{ITTEE (PVAC) Board Room, 3~ Floor, Turner Building Monday, August 28, 2000 8:00 A.M. Memorandum To: CC: From: Date: Subject: Chairman, Public Vehicle Advisory Committee (PVAC) All PVAC Members Michelle Arnold, Director, Code Enforcement Department Thomas C. Palmer, Assistant Counl~ D. E. "Bleu" Wallace, Director August 22, 2000 Analysis of Taxi Fares RECOMMENDATION: PVAC consider the staff analysis and report regarding Taxi Fares in Collier County in (1) determining whether the fuel surcharge should continue or be rescinded; (2) determining whether Taxi Fare ceilings should be adjusted; and (3) based on the resulting determinations, formulate a recommendation regarding the disposition of rates to the Public Vehicle Board. REPORT: On March 28, 2000, the Board of County Commissioners, acting in their capacity as the Public Vehicle Board, declared an emergency and established a $2 emergency fuel surcharge to provide operators and drivers rate relief in view of marked increases in fuel costs in recent months. The $2 surcharge was to be added to the existing base rate ceiling of $1.75 for the first one-tenth of a mile or fraction thereof, resulting in a rate of $3.75 for the first one-tenth of a mile and continuing the charge of $.30 for each additional two-tenths of a mile or fraction thereof. During the Board's deliberations, it was contemplated that the fuel surcharge would be reviewed i~ six months to determine if the surcharge should be rescinded or adjusted, as appropriate. The verbatim record of the Board's discussion is located at TAB 1. The ordinance amendment adopted establishing the $2 fuel surcharge is at TAB 2. At the PVAC meeting on July 5, 2000, staff was directed to analyze the taxi rate ceilings and the resulting impacts of the fuel surcharge in an effort to assist the PVAC in determining (1) the validity of the fuel surcharge after six months and (2) whether the fuel charge should remain in force. On July 10, 2000, the Utility and Franchise Regulation Department (UFR) was directed by the County Manager to conduct an analysis of the fuel surcharge and rate cellini Enforcement in providing adequate information to the PVAC to enable the c )nm~ee to formulate a recommendation regarding the fuel surcharge and rate ceilings t, consideration in September 2000. Utility & Franchise Regulation Community Development & Environmental Services Di~ the Board for DEC ! 2 2£?'"', ', isiorP~..~' UFR has determined that, legally, taxi operators do not represent a regulated industry, thus there are no finite ratemaking methodologies or formulas in place to firmly establish rates for the industry. UFR requested trip reports for 'any seven day period in July, 2000" from Yellow Cab, Checker Cab, Naples Taxi, Graham Transportation, USA Taxi, and Accent Taxi. The requested information was timely received from all operators, except Yellow Cab. UFR had discussions with Mr. Baisley of Yellow Cab, but the requested information was not provided. Absence of the Yellow Cab data does not materially affect the results of UFR's review. UFR discovered that there are many variables regarding the different operators. Some operators' drivers work on a 50/50 percent split of derived revenu ;s, between driver and the company, while others employ a 60/40 percent split. Some drive-s lease their vehicles from the company during off-season, with a percentage split during season. But in all cases reviewed, the drivers purchase the fuel. Other issues to be considered: UFR determined that fuel costs have increased at an alarming rate over the past 19 months; an unprecedented 67.2% for the Naples area. See TAB 3. A driver interviewed stated that fuel costs for one day run an average of $32, some $12 or $13 more than he was paying 18 months ago. Except for the recent fuel surcharge, taxi rate ceilings have not been increased in approximately eight years. Taxi drivers and operators have experienced increased operating costs over the past eight years. The $2 fuel surcharge added to the first one-tenth of a mile may unduly penalize customers on short trips. The cost to operators to calibrate meters to reflect a change in rates is approximately $45- $75 per unit. Based on Staff's Taxi Fare Analysis (TAB 4), Analysis of Trip Logs (TAB 5 through TAB 9), and considerations presented, the PVAC may wish to: o eliminate the $2 fuel surcharge while increasing the original rate ceilings in view of increased operating costs for both the companies and drivers; o target average trip length as the detemfining factor in recouping any permanent increase in rates; o use the Consumer Price Index (CPI) increases as a guide in establishing any permanent increase in rates. Include in recommendation to the Board the need to amend the rate process outlined in the enabling ordinance, requiring operators to petition the PVAC for a rate change. The amendment should include those specific items necessary for the PVAC to justify a rate adjustment, and the resulting PVAC recommendation to the Board. With these changes in place, the Board may declare a rate emergency, referring the matter dircctly to the PVAC for review and recommendation. In conclusion, UFR is not recommending that the $2 surcharge be rescinded or replace the current surcharge. However, after reviewing this report, the PVAC Utility & Franchise Regulation Community Development & Environmental Services Divis, .s ec cc o2_- nay w~~ .... DEC 12 2000 recommend to the Board a more balanced rate structure that yields a fairer, more reasonable approach to (1) reduce the financial impact on short trips, (2) recoup operating costs through both rate components and (3) yield comparable revenue for a standard trip length, while better delineating the rate adjustment process. TAB Index TAB 1 - Verbatim record of the March 28, 2000 Board Item - Emergency Declared. TAB 2 - Entergeno' Ordinance adopted March 28, 2000 establishing $2 fuel surcharge. TAB 3 - Naples Gasoline Price Stud): TAB 4 - UFR Taxi Fare Analysis. TAB 5 - UFR Analysis of Trip Logs - Checker Cab. TAB 6- UFR Analysis of Trip Logs-Naples TaxL TAB 7- UFR Analysis of Trip Logs- Graha~n Transportation. TAB 8 - UFR Analysis of Trip Logs - USA Taxi TAB 9 - UFR Analysis of Trip Logs -Accent Taxi Utility & Franchise Regulation Community Development & Environmental Services Division TAB 1 Verbatim record of the March 28, 2000 Board Item - Emergency Declared DEC !22000 i Page 1 of 1 M.rch 28, :2000 CHAIRMAN CONSTANTINE: 6ounda like - or looks like they are waiving. You don't have to. MR. NOGAJ: Well waive. CHAIRMAN CONSTANTINE; Great. We'll close the pubtic hearing. There laa motIDa 'to approve. COMMISSIONER MAC'KIE: 8stand. CHAIRMAN CONSTANTINE: There's a second. All those In favor, please state aye. Anybody opposed? {No rawpease.) OHAIRMAN CONSTANTINEI M,tlon oarriss 4-0. Thank you very much. MR. MIHAI. IC: Thenkeg c:ommlssloner~. CHAIRMAN CONSTANTINE: Thanks, GraB. Item #1202 EMERGENCY DECLARED, EMERGENCY ORDINANCE 2000.1 g AMENDING ORDINANCE 65-661 THE COLLIER COUNTY VEHICLE FOR HIRE ORDINANCE, AUTHORIZING A TEMPORARY EMERGENCY INCREASE IN TAXICAB RATE6 DUE TO THE EXTRAORDINARY INCREASE IN MOTOR VEHICLE FUEl. COSTS- ADOPTED WITH CHANOE~ The next Item lB t2(C)(2). It's an emargency ordinance talking about the tuxloab rete~. What I'd like to do herej this part Isn't written In the wsy the ordinance I. written. But if you've all had a Chart=B. the only =hangs I would make, It bumps !t up and makes it during the emergency time period possible for these foil, cs to make a living. i'd like to Just have a reClulred mandatory review October 10 or somewhere nix months from now, and that Se!~ u, through the summer ~,ason, rather than trying to tle It to a dollar amount and fluctuating and following that. Lot's Just review It Ih six months, and If OPEC is treating u, better then~ then we'll cotrest ft. Is that .. c:an we make thlt one parti=ular cha, ge, !f the a r.T ....~,-,.,1 ......94`~``=q1~na~e=~22&~t=~&x~en=64~&~en~&xs~urce=2544&ys~urce=332~&xcent--6/29~ Page I of 1 M~rch 28, 2000 board so wants? (Commissioner Norris enters boa~clroom.) MR. WEIGELz You Gain( First Fou need to deGiare an emergency by four-fifths vote. Then thereafter you can vote on the ordinance with the direction. And If I understand correctly, we will bring It bask a~ an agenda Item for consideration, and you'll give us direction air that time to advertise an agenda -- sn amendment changera If It's neoeseary. CHAIRMAN CONSTANTINE: Before we do any of that, do we have a speaker? MR. OLLIFF; You have two. You have Russ Balelay, followed by Jack Bridenthal. COMMISSIONER BERRY: (~an i Just ask, we -- I received a letter. i don't know~ did the rest of you receive that letterm too? And I Just want to know how that all - CHAIRMAN CONSTANTIHE; Which letter !s that? COMMISSIONER BERRY: It had to do with the ordinance~ I believe. COMMISSIONER CARTER: Well~ I tldnk If it's the same one I did, there wa~ questions about the ordinance .- COMMISSIONER BERRYI Yes, COMMISSIONER CARTER: -- the process going In front of the boards, and are we stepping out of bounds here by doing It. Not that the need dossn't exist, but -- COMMISSIONER BERRY: Right. COMMISSIONER CARTER: -are we violetlaB process. CHAIRMAN CONSTAHTINE: It was for -- end ! believe that actually came from a competitor who would not - Y~ho Is not under regulation right now. COMMISSIONER BERRY: i didn't know, but I know that the letter came. And ! had - the concern was what were ~ve doing. And they mentioned that, you know, the ga~ price didn't go up $2~ and that's what the amount was that we were talking about. And ! Just wanted to know how this all fit In. CHAIRMAN CONSTAHTINE; There's a oarfain meBment of the transportation population that we have some restrictions on. There are ce.rt~ln parts that do not. And those that do no~ aren't P~ge t I 'f DEC 12 2090 ;* r~ ....r~i.,~lav ex, egdcm--9100&t~aee= i 23 & fi~ l &xlen~640&ylen= 1000&xsource=2544&ysource=3319&xcent%/29/00 Page I of 1 Msr~h 28, 2000 partloular]y enamored with this change. Mr. Balelay, let's hear from you. M/L BAIELEY: My name !s Russ aaislay. I'm an associate with Yellow Cab of Nal~les. The taxicab Industry Itself Is regulated by your ordlnanoe. It says that we cannot discriminate against anyone on the basis of the length of the trip. 80 you can quite often go across town to take someone from a supermarket two blocks away for as little as $2.35 or $Z.05. Which may seem foolish, but to the person needing to make that trlpw It's a needed trip. Our cost of operation really right now - we're looking for relief -- Is to be able tQ continue to service those short trips. And this temporary Increase to help with the gasoline thlnil allows us basically to serve that need. When we're going - as the Commissioner mentlonec!~ the other parts of the Industry, the limousine and that are not required to accept anyone. They c:an pretty much plok and <:hoose who¶ they do. We feel we provide needed service. Wo need some emergesoy relief at this point. Thank you. CHAIRMAN CONSTANTINE: Is Jack here? Oh, I thought you were hiding. MR. BRIDENTHAL~ I oompletely agree with everything Russ says. The only question I have, there w~s some question as to whether this was going to be on the meter or not, rather than Just a sticker In the wind. Our population tha~ we serve would not understand here's the meter 6.85, pay us 8.85. They already think cab drivers steal from them, like people from big cities, because they see the same store five times. And our I eople don't do that way. But It still would look that way to a non English-speaking pernon or someone who doesn't understand completely. Questions posslblyw here as to whether that's !n ordinance, that it is to be added to the start-up fee on the meter? MR. WEIOEL~ We!l~ It's In the ordinance that It's added to the Brett.up fee. But we didn't 5®t to the mechanics. And we can do that If the board diteK:rs us. Bo it would be Implemented at the meter Bt ntar~-up. Pnee t12 . m ....r~: ~ ......9,t,,~---O 1 OAR-nave= 124&fit= 1 &xlen=640&ylen= 1000&xsource=2544&ysource=3315&xcent-45/29/00 Page I of 1 Miroh CHAIRMAN CONSTANTINE] JaGk, for the reoord, you are? It~R. BRIDEHTHAI.: Oh, Jack Brldenthal, USA Taxi. JuM small competitor of Mr. Balelay's. But see, when you hit the button now! It starts at $1.?a and then $1.50 a mile In Increments. This way would work. ?hot was the only reason I wanted to speak, wu to make sure It was on the meter, visible to the eye of the person like this. COMMISSi0HER CARTER: What we're saying Is that the moment you get In the cab, it's going to register 3.75, if I'm understanding what -- MR. BRIDENTHAL, Right. Instead of the current t.75. And that's going to take care of the drivers. But we'll revisit It In months and see. !f the gas Is bal:k down to where It was a couple of years ago, that's fine. CHAIRMAN CONSTANTINE] Yeeh. And there',; two concerns hera, One is I don't know that the numbers have bean adjusted for about 10 years anyway. And then you combine that with the Increase In gas prices. 8o when somebody says, gee, gab hasn't gone up two bucks, it's worth rqvlewing !n six month,~ but I think the two buckJ Is going to do what It needs to do for the next - MR. BRIDEHTHAL: I've be~n In It six years, and it was at lea~t two or three before I was In It the last time that the rates were increased. Now, most employees get three percent a and these guys haven't had anything In nine, t0 years. Thank yOU. CHAIRMAN CONSTANTINE: We need -we'll close the public hearing, We need four-flt~hs majority to danlore an emergency. Is there a motion ~or thiS? COMMISSIONER MAC'KIE] I'm nonfUsed. J Just don't know enough about It. I'm worried about - do we have a staff recommendation from transport&Sion, for example, or from somebody? I don't know enoulih about this exGapt for that there are two people here who are going to benefit by It who are hera saying we need an extra $2. And I know gas prices are up, but OPEC's meeting and maybe they'll go down tomorrow. ! don't know enough about this to danlore an emergency. ....... , - --,,~ ~-~ ~,~t~v ...... 1 ~ q,~.fi~l &xlen=640&vl 1000&xs 2544&y 3 313&x nr4/29/00 77 ¢n= ourcc= $otlrcc: CC Page I of 1 Msroh 2~ ~000 CHAIRMAN CONS'I'ANTIHE: Russ, can you come up and !uat explain the way the drivers make their living? I mean, the cab companies get · chunl~ the drivers get so much per thlng~ end when the gas prices go up, It !Itsrally comes right out of their pocket. But he could probably explain that better than I can. COMMISSIONER M&~,,'KIE: Maybe there's Four for that. I ~ust MR. BAi81.EY: The p~ople who mrs ultimately going to benefit from this, true, the companies and drivers will be be~er able to cover their cost and !n theory make more money. But truly the people who are n~t going to be !nJur~l or will benefit are the oustores. re In Coltier County wh. go short trips who will be d]scrlmln,ted against by necessity, because It will be economically Impossible to go out to perhaps Sunshine Boulevard to take someone to W!nn-Dlxie for a $2.40 trip. Most of the driving that you do In a taxi Is to get to the fare {sic). COMMISSIONER MAC'KI£: But didn't you say It's !liegel to discriminate against them? MR, BAIgLEY; It Is. COMMISSIONER MAC'KIE: 8o you have to go, whether we raise this rate or not. MR. BAIgLEY: It's true! but you won't stay In business very long losing money. CHAIRMAN CONSTANTIHE; Hew does the driver make his money? MR. BAISLEY: Driver~ make their money In a combination of dlftorent w~ys. Soma of them isaac the vahl;!~, aome of them do a split meter where they pay the company, commission. Commissions vary from =omp&ny to company on a gross dollars, tTue. CHAIRMAN CONSTANTINE! ~ the =ompan~/'a going to see money whether gas I;~:;ces go up or n~t. MR. BAISLEY, That's correct. CHAIRMAH COHSTANTIN~. I mean, really~ the parson you are assisting by doing this le the ;Iriver. COMMi$SIONBR BERRY: Is ~!~® driver, COMMISSIONER MAC'KiE: And the Itemon we're hurting Is 114 DEC 1 2 544&ysource=3324 &xcenv-6/29/00 Page I of 1 March 18~ 2000 the lady who can't drive who's going to hive to pay an ®xtrl couple of bucks ~o get In the cab. MP. BAIBLEY: That's true. And the concern that we have la that person who Is taking the aho~t trip from .. ~or example, Goodlotto Arms. We take a I.~ of people from Goodle~e Arms Just around the corner to a decrees office. HoweYer, that same p~rson on Social 8ecu~ty hEJ had substantial Inqreaae~l In their Social Security over the last 10 years. We've had Increases in Inaurance~ gasollne~ motor vehiGles. Even the courier pacl~ge (sic) who brought the taxi mater~ !n~ UPS tacked the surcharge on beemuse c~f the fuel. So It's not Ju.t Impacting the drivers~ It's Impacting all of us, CHAIRMAN GONSTAH?IH~ I mean, this Is - that's the price you pay for a service. !f you buy an airline ticket right now, fuel prices are up, you pay more. If y~u hop on Greyhound~ you're paying more, And so will It hit the consumer? Absolutely. But we are controlling the prlc:o on a particular Industry, He~n't changed for nTne year~. Now the pricem are up literally IOQ percent In some aress~ since - certainly 70 and BD percent since last summer. And that Is coming out of the folkm who are a.tua!ly trying to do a genuine d~y's work, And ee will [t c:4st somebody more to travel? Sure. But I don't think It's Inappropriate. And I'm not someone who usually is In ~ny way excited about Increasing cost to anybody for anything. MR. OLLIFF; The only difference between this Item and the way this Item may have nern~ally been brought to you Is that there Is a Public Vehicle Advisory Board~ and It probably would have gone through that Vehicle Advisory Board. It has been brought to you under an emergency, elmply because the gas prlc. es ha~e Increased ss rapidly as they have. I will tell you that the rates -- and I was Involved in developing the first ordinance that regulated public vehicles -- the rate Is established on a realenable operating coat plu~ prc41t basis. 80 considering a rate Increase based on a reasonable known operating Inc:r~ase Ii a reasonable w~y to look at that, CHAIRMAN CONSTANTINE: And the whole Idea crl having ............. - .... ' .....oJ~-a,aav ......~*?~'Clt=lX, xlen=640&vlen=lOOO&xsource=2544&ysourcc:331O&xcent-~/29/00 Page 1 of 1 the six months ]e not only to look a[ - rather khan try to tie this to a particular prlce~ Is not only to look &t whir lite gas prices mrs in O~:tober, but t~ go through every step along the way with our Public Vehicle Ad~lsory Board. I~ecsuse what will happen~ even If prices go back down, there may be a Ioglc&l adjustment, mor~th.r and ! Just didn't think It was apgr~pdate that our drivers out there w~o are trying to make an honest day's wage be hit ~ha next few months. That's why I put that on the table. MR. OLLIFF: I thlnk It does raise the bigger Issue, and perhaps we need to have a more regular way of reviewing thus rates so ~hat we don't end up In this situation. COMMISSIONER CARTER~ Well, ! tMnk you're absolutely right, Tom. And I would II~e to see us renew this In that six-month period and make sure that we keep edJu.ting so you don't hit people with these b/g lumps all at once. 8u~ in this situation, I see why w4 have to do It. An~ we need to do It with the rs~tsw In proce~, eo at end ~r~ six months we know w~at we'll have Is a better rate In the future. CHAIRMAN ~ONSTANTINE.' I need a motion f~r in emergency to allow .a to do this. ¢OMMi$$10HER BERRYi go moved. COMMISSIONER NORRIS~ Second, COMMISSIONER CARTER: 8~ond. CHAIRMAN CONeTANTIHEI Motion end a 8eo~nd, ~ls one will go to Commissioner Hertit. All thMe In f~or M deolarlng an em~en~, ~ite ~. CHAIR~ CON~AH~NE; Motion cir~es ~. Mr. Welael~ is the~ some ~lon why ~ can't ~ke final step ~d~ M~ WEIGEL: Oh, no~ ab~(u~W no~ ~d Incld~n~ily- C~[R~ CQNBT~TIN~ Thins on i~ount of the emergent. M~ ~iGEL: ~at's ~g~ you m~ go CHAIR~AH CONBTAHTINEi So ~m the~ we .an ma~ the change to the o~!~nc~ A C~',~ A ITEJ~ DEC I 2 ....... t~, ~t~ 0 ...... 1 ~ ~.r,~=-- 1 ~-¥1~n=640X, vlen= 1000&xsource=2654&ysource=3418&xcent=6/29/00 Page ! of 1 MR, WEI(JELt You may. You may idopt the ordinance (odey. COMMISSIONER MAO'KIE: Is there - how long will comprehensive review of the raton takep Tom? How long will It take For your ataff to comprehensively review whether or not this ie the approp! iate r~e? Can you do that In throe montho~ or lB It going tO take six monthsT MR, OLI.IFF; I think you've mede a re&sortable usampSion about what the Increase wasp etrlc~iy based on the Increase !n fuel, ! think what the motion Is, Is thlt we come back In six months Just to see If this rate Incraise Is still approprl&te. C~OMMISSIONER MAC'KIE: No, my question at this point we are Just about to adopt the ordinance -- MR. OI-t.!Fih Correct. COMM!$8[ONER MAG'Kli~ -- which will change the rate. Do,s that need to be ed~q~ctlYe for three months or for six measles? if you can I~Ye a compref~enslve review done of whet the rate ou0ht to be in three months, then we ai~ould Jot this be GHAIRMAN CONSTANTINE: The reaLson I had sugGleSt~ci months is I don't thlfik the whole oll situation II ~1olt~tl t~ shaken out by June or July. Plus We have a limited schedule in June and July -- July lad AuGjust~ 6o Just rather ~han rush thil~ ~hen let's give them a brea~ end we have full time to do · full review and come back ae the - COMMI~ISIONI~R NORRIS=. I~10ve that we adopt the proposed ordinance. CHAIRMAN ¢ONSTANTII~P: ~0tlon to adopt the I~roposed ordinance with the sIx-mc#th -- ¢OM~I$$10NER BERRY~ I'll second It. COMMISSIONER NORRIS: Sure. C~AIRMAN CONSTANTINE: There's e asczond from Commissioner Berry. All those in favors pie&so state aye. All those opposed? (No raspohio.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Final scheduled Item, arid thon we will have discussion l~em. :,~f ..........~? ,~,_ : . .... ~c~ a t~rx ~ ......1 '~ q £. 3-1t=-- 1 ,~. x len =640&vlen= 1000&xsomce=2650&ysource= 3416&xcent-45/29/00 TAB 2 Emergency Ordinance adopted March 28, 2000 establishing $2 fuel surcharge DEC 1 2 200[1 ORDINANCE NO. 2000 - AN EMERGENCY ORDINANCE AMENI)ING ORDINANCE NO. 95-66, THE COLLIER COUNTY VEHICLE FOR HIRE ORDINANCE (SUBSECTION 142.35(b) OF THE COUNTY'S CODE OF LAWS AND ORDINANCES) - TO AUTHORIZE A TEMPORARY EMERGENCY INCREASE IN TAXICAB RATES DUE TO Tile EXTRAORDINARY INCREASE 1N MOTOR VEHICLE FUEL COSTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING SPECIAL EFFECTIVE DATE. WHEREAS, the Collier Co nty Vehicle for Hire Ordinance (No. 95-66) (subsection 142.35(b) of the Collier County Code of Laws and Ordinances) specifies the following allowed maximum rates for taxicab service in Collier County: $l.75 for the first 1/10'~ mile plus 30 cents for each additional one fifth male thereafter (the same being $1.50 for each additional mile); and WHERJ~AS, there have recently been extraordinary and unanticipated increases in the costs of gasoline and diesel fuel to operate motor vehicles, which cost increases cannot be avoided by taxicab companies or taxicab drivers in Collier County; and WIIEREAS, the current maximum taxicab rates in the County's Vehicle for Hire Ordinance were set based upon assumptions that the costs of toolot vehicle fuel would not increase as fast as the3 have recently' increased; and ~,VItEREAS, taking into account waiting in traffic and at traffic control devices, taxicabs average approximately twelve 1,12) miles per gallon of motor fuel; and WIIEREAS, on average at least one half of the time a taxicab is on the road "on duty for business" is spent driving with no passenger in the taxicab; and W!!EREAS, although there has been insufficient time to conduct a thorough analysis of the precise amount of rate increase that may be justified by the recent unexpected and dramatic increases in the costs or motor vehicle fuel, taxicab companies and taxi drivers clearly need immediate emergency rate relief to be authorized to recover at least part of the recent increases in costs of motor vehicle fuels. NOW, T!tERISFORE, BE IT RESOLVEI) BY TIIE BOAI~ OF COUNT'~' COMMISSIONElLS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO COLLIER COUNTY ORDINANCE No. 95-66. Collier County Ordinance No. 95-66 (subsection 142-35 (b) of the Collier County Code of Laws and O~dinances) is hereby amended to read as follows: "Sec. 142.35. Schedule of taxicab rates and charges. (b) The kfilowing is the schedule of maximum rates for taxicabs operating in the County (1) (2) For each additional two-tenths mile or fraction thereof ................ (3) Tempora. ry fuel cost ad&on for the first (me-tenth mile or fraelion For the first oneqenth mile or fraction thereof ..................................$1.75 This optional temporary fuel cost add~on rate increase shall continm _repealed bv resolution of the Public Vehicle Board after public he:trine add-on sitall be_ chareed until the fare meter in the taxicab has Been include the $2,00 add-on to lhc fare increment ,.hat applies to the first thereof. and th. ere is clearl;__~L.' disptayqd i_~n the taxicab (on the passcnge~ window of that door) a countv-supplied written "Notice to Passenger Words uade~ hned are added. V,~rds s',pack '&ra:g~ are deleted. 12 cost add-on. The re-calibration must be pcrfi~nned by a business authorized by the Florida D~g_partment of A_~riculmre to re-calibrate that type or brand of taxicab fare meter· The "Notice to Passengers" shall be printed in English and in Spanish by Collier County Code Enforcement and upon request for same shall be su_9~plied free of charge to each taxicab driver then authoozed to conduct taxicab business in Collier County. The Public Vehicle Board reserves all powers and authority to authorize other emergency rate relief measures by adoption of resolution{s) alter public henfine thereon without further amendments to this Ordinance." SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of thc remaining portions. SECTION TItREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Collier County Ordinance No. 95-66, as amended by this Ordinance, (subsection 142.35(b) of the Collier County Code of Laws and Ordinances) shall be made a part of the Code of Laws and Ordinances of Collier Count}', Florida. The sections of the Ordinance may be renumbered or reittiered to accomplish such, and tim word "Ordinance" may be changcd to "Section," "Article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE; SI'I~CIAL. In accord with subsection 125.6(,(3), Florida ~'hllttll'& this Ordinance shall become effective immediately upon acceptance of the original or a true copy hereof by the poslal authorities of the of Government of thc United States lot special dotivory by certified mail to Flonda's Department of State. PASSED AND DULY ADOPTED on an emergency basis by the Board ol County Commissioners of Collier County, Florida, this .... day of 2000. A'Iq'EST: BOARD OF COUNTY COMMISSIONERS DWIGItT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: B)': Deputy Clerk Approved as to form and I,.gal sufficiency: Thomas C. Palmer Assistant County Attorney TIMOTHY J. CONSTANTINE, Cidairman Words underlined a*e added; W?d~ t,lr,..~:~. !hr~ me deleted TAB 3 Naples Gasoline Price Study DEC P'8 Utility and Franchise Regulation Department Unleaded Regular Gasoline Prices (Naples' Study) Regular Unleaded% Change DATE ($$ per Gallon)(From Jan 99) Jan-99 $0.987 0.0% Feb-99 $0.968 -1.9% Mar-99 $0.982 -0.5% Ap r-99 $1.119 13.4% May-99 $1.136 15.1% Jun-99 $1.126 14.1% J ui-99 $1.171 18.6% Aug-99 $1.235 25.1% Sep-99 $1.277 29.4% Oct-99 $1.286 30.3% Nov-99 $1.347 36.5% Dec-99 $1.389 40.7% J a n-00 $1.394 41.2% Feb-00 $1.443 46.2% Mar-00 $1.647 66.9% Apr-00 $1.591 61.2% May-00 $1.566 58.7% J un-00 $1.597 61.8% J ul-00 $1.650 67.2% ~-- $1.70 ,$1.60 $1.50 o $1.40 o $1.30 ~e $1.20 $1.10 $1.00 $0.90 % Change {Each Month) -1.9% 1.4% 14.0% 1.5% -0.9% 4.0% 5.5% 3.4% 0.7% 4.7% 3.1% 0.4% 3.5% 14.1% -3.4% -1.6% 2.0% 3.3% Avg. Florida Price Avg. Florida Price Avg. Florida Price Avg. Florida Price Avg. Florida Price Avg. Florida Price Avg. Florida Price Avg Florida Price Avg. Florida Price Avg. Florida Price Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Naple's Area Only Unleaded Regular Gasoline Prices in Florida (Naples' Study) 1/1/99 4/1/99 7/1/99 1011/99 1/1/00 4/1/00 Monthly Intervals (Source of Data: American Automobile Associati, ~C ! ~ ZOO0 7/1/00 14 TAB 4 UFR Taxi Fare Analysis DEC 1 Utility and Franchise Regulation Department Taxi Fare Analysis Staffs Analysis and Summary of Taxi Trip Logs: One week of Trip Logs were received from five transportation companies as requested by the Utility and Franchise Regulation Depadment. The five companies that cooperated in this study were: USA Taxi, Graham Transportation, Naples Taxi, Checker Cab and Accent Taxi. Yellow Cab was contacted but has not provided sufficient information to date. (Please note that all information received are the representations of each company's management or staff. Staff is not expressing an opinion on the fairness of rates based on a limitation of scope in Staffs inquiry. Therefore, Staffs summary is for iljustration and discussion purposes only.) Currently the meter rates for Collier County are: $3.75 for the first 0.1 mile and $0.30 for each each additional 0.2 miles driven. The previous rate was $1.75 for the first 0.1 mile and the $0.30 rate component did not change. This amounted to a $2.00 increase in the first 0.1 mile driven - approved by the Board on March 28, 2000 as an emergency "fuel surcharge." Staff analyzed the Trip Log data and noted differences in data kept by each company. Overall the metered fare collected showed an increase ranging from 17.5% to 25.2% among companies when factoring the rate increase stated above. Staff also obtained gasoline price information from the American Automobile Association and estimated that gas prices increased approximately 67% during the period of January 1999 to July 2000. Staff estimated the overall average trip mileage from each company's Trip Log by using metered fare revenue and current rates. A summary of the trip mile estimate is presented below: Company Trip Mileage (TM)t~ metered tripsWeighted TM Checker Cab* 4.2 1181 2.7 Naples Taxi 7.5 17 0.1 Graham 5.6 23 0.1 USA Taxi 4.7 516 1.3 Accent Taxi 6.6 6__9_ 0-3 1806 4.5 ~[ote: fleet sampling only (16 cars) total fleet of metered vehicles total fleet of metered vehicles total fleet of metered vehicles total fleet of metered vehicles Therefore Staff's estimate of an average trip length is 4.5 miles. Based on StafFs estimates, StafFs next step was to compare the estimated fare revenue from the current rate with a rate that was derived from applying eight consecutive years of the Consumer Price Index (CPI)to the previous rate. This seemed a reasona ) (The previous rate was in effect for about eight years - no increase for the )eri~~~ The result is interesting. If the derived CPI rate is applied to the 4.5 avera estimated fare is $10.28. When compared to the fare collected from the c~ the fare difference is $0.07 (or about 1%) apart. Finally, based on fuel sur equity for driver and company given a 50%/50% fare split, and fare revenue neutrality at the 4.5 trip mileage figure, a rate to analyze may be $2.75 for the first O. 1 mile and $0.35 thereafter. le t~ilea~O,~he rrent r~_e ,(,$10.35), Utility and Franchise Regulation Department Taxi Fare Analysis What if rates were increased annually based on the Consumer Price Index (CPI) only? Initial Fare: Year End 1992 First 0.1 Mile0.2 Mile After $1.75 $0.30 YEAR END .CPI 1993 3.0% 1.80 0.31 1994 2.6% 1.85 0.32 1995 2.8% 1.90 0.33 1996 2.9% 1.96 0.34 1997 2.3% 2.00 0.34 1998 1.6% 2.03 0.35 1999 2.2% 2.08 0.36 2000 (est.) 3.2% 2.14 0.37 Given the average trip length is 4.5 miles, what would be the fares collected using rates (1) CPI only in year 2000; (2) emergency "fuel surcharge" rate in effect; (3) a proposed $2.75 upfront 0.1 mile charge with $0.35 per additional 0.2 metered miles thereafter? Rate #1: $2.14 for 1st 0.1 mile and $0.37 for each additional 0.2 mile =$10.28 Rate #2:$3.75 for 1st 0.1 mile and $0.30 for each additional 0.2 mile =$10.35 Rate #3:$2.75 for 1st 0.1 mile and $0.35 for each additional 0.2 mile =$10.45 Looking at the three rate designs in determining fares collected ( Fare3 Collected Table): Mileage Rate #1 Rate #2 Rate #3 Highest Points (Series 1) (Series 2) (Series 3.)Fare $$ 0.1 $2.14 $3.75 $2.75 Rate ¢¢2 1.1 3.99 5.25 4.50 Rate ¢¢2 2.1 5.84 6.75 6.25 Rate ¢/2 3.1 7.69 8.25 8.00 Rate ¢¢2 4.1 9.54 9.75 9.75 Rates #2 and #3 4.5 10.28 10.35 10.45 Rate #3 Avg. Trip Mileage 5.1 11.39 11.25 11.50 Rate ¢¢3 6.1 13.24 12.75 13.25 Rare #3 7.1 15.09 14.25 15.00 Rate # 8.1 16.94 15.75 16.75 Rate #' 9.1 18.79 17.25 18.50 Rate #' 10.1 20.64 18.75 20.25 Rate #' When graphically iljustrating the cost behavior of these rates, intersection p( Each rate design has the highest fare revenue points depending on the trip DEC I 2 2000 intsR~re [-d~Dserved- When considering a rate design, the 4.5 average trip mileage is a possible reference point for determining a rate design alternative to the current rate of ($3.75; $0.30). Overall, rates that are fair, reasonable and not unduly discriminatory should be the desired outcome. Utility and Franchise Regulation Department Taxi Fare Analysis Fares Collected at Selected Mileage Points (Refer to "Fares Collected Table" on previous page) $25.00 $20.00 $15.00 $10.00 $5.00 $0.00 Current Rate (ser/es 2) Other Rates (series 1 & 3) Fares Collected 4.1 to 4.5 miles Series1 -1- Series2 ~, Series3 TAB 5 UFR Analysis of Trip Logs - Checker Cab DEC !2 2O00 0 {- 0 0 J~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 ~ ~ 0 0 ~ ~ 0 ~ ~ oo oooo ooo o o · - ~ 0 OEC 1 2 2000 TAB 6 UFR Analysis of Trip Logs- Naples Taxi TAB 7 UFR Analysis of Trip Logs - Graham Transportation A~A 11'~,4 DEC 1 0 0 ~ ~'- ~ ~ , , 0 , , , , 0 , 0 L 0 ~ Z ~ 000~00~ ~ $ o o o ~ ~ ~ o o~ X o ~ o ~ $ ~ ~ o ~ ~ ~ ~ o ~ ~11 z 00 ~ ~ 00000 "E:; 0 0 LO L{~ 0 0 0 ~-- ~:~ 0 ~ C 0 0 O "D '~ o o o ~ c; ' ' ' o ' o (/') o o o2, ~, c,4 o ,,::l' x .~ z DEC 21 DEC I 2 ZOOr! ~ TAB 8 UFR Analysis of Trip Logs - USA Taxi DEC "z LO E E O~ C ~ C LO !~ ;1 ~i.~ .... 2 ? Jl TAB 9 UFR Analysis of Trip Logs - Accent Taxi DEC 1 2 2000 I i;I LU > LL. o rue ,i z I ~ ~ ~ 0 ~~ X ~ ~ o E ~ Z ._ "'".- ~ '"-.- :It ::1~: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4{) 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ORDINANCE NO. 2000 - AN ORDINANCE AMENDING ORDINANCE NO. 95-66, THE COLLIER COUNTY VEHICLE FOR HIRE ORDINANCE - (SUBSECTION 142.35(b) OF THE COUNTY'S CODE OF LAWS AND ORDINANCES) - IO REPEAL THE TEMPORARY FUEL INCREASE SURCHARGE AND TO AUTHORIZE A PERMANENT INCREASE IN MAXIMUM ALLOWABLE TAXICAB RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING EFFECTIVE DATE. WHEREAS, the Collier County Vehicle for Hire Ordinance (No. 95-66) (subsection 142.35(b) of the Collier County Code of Laws and Ordinances) specifies the following allowed maximum rates for taxicab sen'ice in Coll;~r County: $1.75 for the first 1/10~ mile plus 30 cents for each additional one fifth mile thorearle '(the same being $1.50 for each additional mile); and WHEREAS, in 2000 the Board of County Commissioners authorized an emergency, tempora~ rate increase because of extraordinary increases in the cost of gasoline and diesel motor fuels; and WHEREAS, the Public Vehicle Advisory Board was instructed to review the adequacy of the County's present taxicab rates; and WHEREAS, the Public Vehicle Advisory Board has conducted a review of the present taxicab rates in unincorporaled Collier County: and WHEREAS, the Public Vehicle Advisory.' Board has recommended to the Board of County Commissioners to repeal the temporary, emergency fuel costs increase rate increase, but to increase the maximum allowable rates by increasing the rate for the first one-tenth mile or fraction thereof from $1.75 to $2.15, and increasing the maximum allowable rate for each one- fifth mile thereafter from 30 cents to 35 cents. NOW, THEREFORE, BE IT RESOI.VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTat', FLORIDA, that: SECTION ONE: AMENDMENT TO COLLIER COUNTY ORDINANCE No. 95-66. Collier County Ordinance No. 95-66 (subsection 142-35 (b) of the Collier County Code of Laws and Ordinances) is hereby amended to read as follows: "Sec. 142.35. Schedule of taxicab rates and charges. (b) The following is the schedule of maximum rates for taxicabs operating in the County: (I) For the first one-tenth mile or fraction thereof ..................................$1.75 $2.15 (2) For each additional two-tenths mile or fraction thereof ....................0.30 0.35 This rate increase is subject to the taxicab rate meter being re-calibration by a business authorized by Florida lax,,' to re-calibrate the meter. This op!iona! temporap:' fl.'e! cost add an rate after pub!i: reefing. No temperaU' fixel cost add on shall be c?~ged until '&e f~e meter in the taxicab h~ h~. I~w~dlx, r~ ~l;~t~A *~ ;~1,,~ ~ho ~--,~-' "Notice te Passengers" ~c,~; ..........n.o~ .....an ............ v ....J ...........an. The re calibration must be Ferfo~ed Words underlined are added; %~1ords struck through are deleted. A~t- DEC 2000 by a business authe.'4.z*~ ~y the F!m4.da Dep~"t, ment cf A~2:u!?xr~ tc r, :a!iSrate that %~, er cf charge te each t~icab d~x'er then authe~z~ tc ccnduct t~icab business in Cc!!/er County. The Public Vehic!~ Ec~d resen'es all pswer: and authsr2B, tc a'aths~;ze oth~r emergency rate ~ena--m=nts te this Ordinance." SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon receipt by Florida's Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Jc~nes D. Carter, Ph.D. , Chairman Approved as to form and legal sufficiency: /0w,,. Thomas C. Palmer Assistant County Attorney H/tcp/ord2000 - taxi rate increase Words underlined are added; W2>rds --...~:ck !k:aggh are deleted. EXECUTIVE SUMMARY CU-2000-11 JEFF DAVIDSON, P.E., OF DAVIDSON ENGINEERING, INC. REPRESENTING BIG ISLAND EXCAVATING, INC., REQUESTING CONDITIONAL USE 'T' OF THE "A-MHO" ZONING DISTRICT FOR EARTHMINING FOR PROPERTY LOCATED !/2 MILE SOUTH OF IMMOKALEE ROAD AND SOUTH OF THE EXISTING LONGAN LAKE EXCAVATION IN THE CORKSCREW COMMUNITY IN SECTION 2.5, TOWNSHIP 47 SOUTH, RANGE 27 EAST, CONSISTING OF 102 ACRES. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 (1) of the Collier County Land Development Code, for expansion of an existing earthmining operation. CONSIDERATIONS: The applicant requests a Conditional Use in order to add additional land to an existing earth mining operation. The property is currently used as a citrus grove. The earth mining operation is planned in phases and will include littoral zone plantings and a perimeter buffer. The petitioner states that the sand has been certified by the Department of Environmental Protection as beach renourishment quality. FISCAL IMPACT: If this petition is approved, there may be fiscal impact to Collier County in the form of Transportation Impact fees. These fees are estimated to be $386,000. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits earthmining, oil extraction and related processing uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of earthmining. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent-with the Future Land Use Element. Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. The truck trips generated by the expansion will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road (CR-846). In addition, the expansion will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of 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: Staff recommended that the Collier County Planning Commission recommend approval of. Petition CU-2000-11 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMMENDATION: Because the site is currently a citrus grove, the petition did not require an Environmental Impact Statement and therefore the Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition at its November 16, 2000 meeting. After considering testimony by staff, the petitioner and the public, the CCPC added several conditions. The conditions regulated the times of operation, access, and a re-hearing five years after approval. The CCPC voted 6 to 0 to forward petition CU-00-11 to the .BZA with a recommendation of approval. 2 DEC t 2 2000 PREPARED BY: RONALD F. NI 6;JaCP CURRENT PLANNING MANAGER DATE I~OB~ERT J.~MULHEKE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOtt~ M. DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive ~smary/CU-2000-'H i ............. 3 DEC MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION r FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE:. SEPTEMBER 27, 2000 SUBJECT: CU-2000-11 (LONGAN LAKES II) PROPERTY OWNER/AGENT: OWNER: Big Island Excavating, Inc. 7000 Big Island Ranch Road Naples, FL 34120 AGENT: JeffL. Davidson, PE Davidson Engineering, Inc. 1720 J&C Boulevard, Suite 3 Naples, FL 34109 REQUESTED ACTION: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 ( County Land Development Code, for expansion of an existing earth minil g op~at!o~ I LOCATION: The subject parcel is located south of Immokalee Road in the Big Corkscrew Island area, in Section 25, Township 47 South, Range 27 East. The site consists of approximately 102 acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to add additional land to an existing earth mining operation. The property is ~currently used as a citrus grove. The earth mining operation is planned in phases and will include littoral zone plantings and a perimeter buffer. The petitioner states that the sand has been certified by the Department of Environmental Protection as beach renourishment quality. SURROUNDING LAND USE & ZONING: SUBJECT: Citrus grove; zoned A-MHO SURROUNDING: North: East: South: West: Existing Longan Lakes excavation, then Immokalee Road ROW, across which is property used for agricultural activities and single-family homes; zoned A-MHO Golden Gate Estates, Unit 47; zoned E Land in active agricultural use; zoned A-MHO Land in active agricultural use; zoned A-MHO GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits earthmining, oil extraction and related processing uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of earthmining. FLUE Policy 5.4 requires new land uses to be compatible with the surroun¢ 2 {ng ~~ DEC 12 P~..~~ Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. The truck trips generated by the expansion will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road (CR-846). In addition, the expansion will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). 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, EVALUATION: INFRASTRUCTURE & ENVIRONMENTAL The proposed impact of an earthmining operation 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: Consistency with the Land Development Code and the Growth Management Plan. Since earth mining is recognized as a Conditional Use of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. ~ h tl~~. [.i operations are not prohibited by the Final Order. Consistency wl · Development Code will be determined at the time of Site Development P 3 an review. DEC 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 earth mining operation shall have access off Immokalee Road through the existing Longan Lakes operation. There is very little pedestrian activity in this area. The truck trips generated by the expansion will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road (CR-846). t CON: The expansion of the earth mining operation will add truck traffic to Immokalee Road, primarily between the subject site and the Naples .area. The expansion is proposed to add 80 to 100 truck trips per weekday. ANALYSIS: Due to the existing turn lane, the traffic ingress and egress to the earth mining operation should operate adequately and with an acceptable level of safety. The traffic count for this segment of Immokalee Road is 8,958 AADT and is operating at LOS "C". The segment of Immokalee Road west of Collier Boulevard (CR 951) is currently operating at LOS "E". It should be noted that the four-laning of Immokalee Road from Collier Boulevard to Wilson Boulevard is scheduled to begin construction in 2001. Collier County's construction industry requires fill. The fill is required whether it comes from excavations within Collier County, or from excavations outside the County. In either case, trucks hauling the fill have an impact on Collier County roads. Fill operations outside Collier County do not pay Collier County impact fees, but have an impact on County roads. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The petitioner states that the volume of truck traffic with its associated noise will be less than that from the existing citrus grove during season. (However, the earth mining operation can function year-round.) CON: have an impact on the neighboring properties. The effects of noise from the extraction process and from truck traffic_will 4 ANALYSIS: The proposed operation will generate noise from the extraction process and from truck traffic. However, Immokalee Road already has a relatively high volume of truck traffic, the increase will not be significant. Perimeter buffers will ameliorate some of the effects of the operation on neighboring properties. 4. Compatibility with adjacent properties and other property in the district. PRO: The operation will be conducted in phases. The extraction, therefore, will not be adjacent to the same neighbors during the entire life of the operation. At a density of one dwelling unit per five acres, the 102-acre site would have potentially supported 20 single-family homes (hox~ever the Final Order prohibits subdivision of land). CON: The subject property will no longer be available for agricultural production. During the life of the operation, there will be noise from the operation of heavy machinery. ANALYSIS: Earth mining and the noise generated by the extraction process is unavoidable in a community experiencing a rapid rate of growth. Rural areas with a less dense population are the preferred areas for such operations. Therefore, it is staff's finding that the proposed earthmining operation is compatible with adjacent properties and other properties in the district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-11 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMENDATION: This petition did not require an Environmental Impact Statement because it is currently used as a citrus grove; therefore the Collier County Environmental Advisory Council did not hear this petition. 5 PREPARED BY: F~ISCHL, AIC~~P' SENIOR PLANNER RONALD F. NINO, AICP CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: ADMINISTRATOR DATE & ENVIRONMENTAL SERVICES Petition CU-2000-11 COLLIER COUNTY PLANNING COMMISSION: 6 DEC ! 2 2gOB I'dt.~ V ~1 I IIJC~I It.J, Collier County Planning Commission 2800 North Horseshoe Drive Nap!es, FL Concerns ~" Exccvaticn Permit Application No. 59 755, ' "'""'- ' "'-,"" ~' .... i aru vet'y cunt.~med abuut tile p~upu~ed expal~iun uf rite Lungan Lake~ earthinit]lag operation. It will have signifi~nt impa~ on neighbors living on Platt, Pantera, Fawn and Friendship Lane. ( I base thjs assessment on current operation of the L~gan ! ~ehminlnn nit~ i~ r~wi~uin~ the engineering re~ ............... ~ .,../ .......... u ..... an~wsk,, [ u~tl~w ~ul~ additiona; ~ ,t~,,,~ need tu ~ address~-with ~nsideration to environmental impact. Noise ~ earth-moving equipment can be heard from earIv in the morning (5:._'~. AM) ,anti! !ate at night every day of t..he week even Satur_,:La_y and Sunday. The ..... "of -"'--- and the "heap beeping" ~ the back-up -'~"" ,, ,,,.,,.,..,, o - Car, b~ CilOI tO I I~;~/~.i miie away. Since the proposed iocafion of the new pit wi~i be even cioser to residential areas, these sounds will change from annoyin~ to obnoxious. Working people and nnhoni nhildrRn are entitled to ~ clec~nt night's sleep and use of screened-in porch~s.o....~, ~. .......· ,~o'""* ~'~ ....'~*;'-"~" ~--n,d people ,., ..........,..,., t~, ....~FC= ~,rc .......w, ,,.,,,,',., .... .......... vun(.abu~. There will be no escape from the iilL~St leave w, ~uuw~ openrot increased noise. Since "FLUE policy 5.4 requires land use to be compatible with surrounding area", this increase in noise is not consistent with a quiet residential area. Another problem is the sporadic nature of the noise which is even more :-" '~:-'- u ,an the constant roar. When the petition for the original pit 'w~s fi~c--d back in February i999, the Planning Commission was assured that "The Petitioner states that the volume of truck traffic with its associated noise will be less than that from the exi-.-tin~ oi'trus grove durin~ _~ea-_on. H_,~..ever the eart. hminin~ operation car', ,~,,,.,,~,,, ~=o,-, ~,~, ,~,. ~o,,.,, I) Neighbors at that time were verbally assured that the pit would operate only during normal business hours during the week with a rare Saturday and no Sunday operation. These commitments were not kept. It's like comparing a mini-mart. that'~ only busy during Christmas break to a Super - day' i~ a b~ difference. OEC i2 ?-"n '"--*' Management of even more ,lylnw -~'-' ,,uo, is not add,-essed. Exc~vatior, p',us planned removal of vegmation wiii create more dust problems. Daily watering of roads inside the pit area and other erosion ~ntrol su~ as plantin~ sod or tr~s, n~ds to b~ instih~d ~nd c. ln~eJy m~.itnr~d tD limit ~x~r~tion Df existing asthm~ and ~'~=~ ' - ~ ~'~' ~m~,~. of ns,=, ,bo, s. Dust also creates more wo~ for air ~,,,~., e~p,r~,~, ~ ~, ,~,.,~,,~i~h e ~rldi[i~iin~ unit= arid make= huu=ukuupii lB ~l lul u [iul~Ui i=u~i{ih~. Si'fl~ the watel- table in the neighborhood has been lessened, it takes even more rain to wet aown Friendship Lane. The ground is so d~, the rain is absorbed more qui~iy ~ in Potential for impact on residential weiis The original Longan Lakes site current reservoir size is estimated to cover an area the approximate size of 12 football stadiums with. a permi*!_~d.. depth of 30 feet deep. Since it is a k.n. own fact that water follows the pathway of least resistance, it is hard to believe the. use of that much water would not impact'the water table. Aii residences are dependent on weiis to supply water for personal and agricultural use. Already there has been a noticeable decrease in standing water in yards and ditches along Immokalee Road compared to ~rea-., "'"'- than =-'";'" "'~" r~,,,, ...,., ~_~ ~..,.~ 'tc ~.,,.,~. ,., ..........,.. .....~ ,.,,,~l,=,,,~.a o~..;,4,,,,~. noted an increase in brown sediment that I~as never been a problem before the pit became operat~ona'l. 'If the proposecl 'lake is aug almost twice as deep and triples in size, there would be a decrease in the quality and quantity of available water. Therefore, el! residents will need deep wells; this additional expense should not be the .r-~pc,-~s~:,llty of the landowner. There is also contamination ,'Ton', '~eaking fuel and other chemicals. Some truck operators are independent contractors and it would be difficult to adequately supervise and prevent accidental spills. E-t=h~i~h~ n,'~,'"H~'nt A proposed earthmining project to be located less than a .... ~= - ,, wa~ adu~ou iF, ,the Febrdar~ 8, ~"~ ~ua, ~=,-,,,,,~ away from Longer, Lakes" .... County Commission meeting. A list of restrictions was instituted at that time. (attachment #2) This should be modified to allow work from 9AM to 5PM only s~nH r~n] ]ir~ r-.~vinn nm hnth rn~rl.~ if any ch ~mn fn ~r'.k fr=ffi~ i.~ n~rmitt=H · ........ . Truck traffic Qn ~rlen~snlp aria ~att Lanes -oo~ roads are pnva[e di~ 'roads maintained at the coudesy of a few of the local residents at their ~ expense and time.. ~he intersection of Im.m~kalae Road and Friendship d~s not allow ~e ~rs . I~1 lUMWl I~I~ II~b Oil ~U~I ! LUIU UUI I1~ II UUEb ~UUIU U~ UULI I I UdUb Defuse they adjoin the prope~. '~m~ turn lanes nave alreaay been establisnea on Immokalee Road for Longan Lake I, only a~ss through the current pit should be ~rmiffed if this ex~nsion is ap~oved. However, since any dump truck use of Friendship Lane wou~d ~-este sdd:,tiona', hsrd~ip needs to be specifi~iiy restri~ed. A minimum requirement of paving and m~intainin~ these roads in addition to improvements alrGady established by th~ County Commi~ion would !e.~en enyironmen~l i.m~a~ but traffic w~u!d remain ' U uan~.[u ~ [uad~ in Fiudda. Dump bu~ loads prevent t~em from stopping qMickly to avoid accidents. At teast elem~nta~ age ~hoot children ~t~ the bus at the i.nte~section of Imr DEC i2 20O,9 Friendship Lane. T,'-~ ~oad -"---'" ~,uu,u~, J~ very ':--:'-" ~" ' m,,,,~u ~ ~ ditGh a,,d h~vy traffic A trait study should be considered to validate the heavy t~ck traffic near the pit and also the number of residents using Friendship Lane. In addition, a numar of v~hinl~ mt ~f h~ p~rk~d .alon~ Friendship I ~n~ n~r Immnk~l~ RoRd Rt ~1 ii~ ~i~. Til~ ~d~uul bus [u~ ~ il~di~p~d alllid s~s or~ Fdendsi~ip L~ bemuse of the child'S limited ability to walk, ~her people ~mmute to work and must be afforded a~ss to Immo~lee Road via Friendship Lane. (Pier Road d~rio~a~ .with po~hol~ and mud. ) ~n~gem~nt of Wmer Run-off. ~o~d siae ditches ~m not a~p enough if exce8~ w~ter ov~o~ onto ~e ro~d ~. ~eed to fence off ~cces~ to e~hm~n-~.ng opermi~ All ~CCe~Ses including g~tes need b~ monitored and ~r~d Jo lim~ a-~ to p~de~tdan~ Loss of gmg~Mv v~lue/~sthmi~ Our prope~y is ceMainly leB~ v~lusble with ~ noisy, dusty e~hmining operation in the neigh~ood. ~t ~u!d ~ d~ff~cuJt to ~11 ~ ~use ,,,,h,n marshot of s ~m,m~rci~J msAhmlning op~stion. ~ ,,,~ pr~s~y hss been a quiet orange grove.) ~e current pi~ is shielded from immokaiee Road but neighbors have an unobstructed view of ~re di~ and eaCh-moving equipment. !.re, pant nn liv~.sf, Ogk, and ~ntic... ~nimal.~ I"~nn.~t~nt nc~i.~e. and dust.is stressful on horses, hogs, cows, chickens and panthers, all v,,hich are kept outdoors. Noxious smell Diesel tumes now replace the smell ot orange blossom, espemally it the pit is expanded even closer to our neighborhood. Lack of closure 7'-- ,.,,.,,,, o,, ,~.~, the' original pit was supposed to be completed quickly and then converted to an RV park an0 me plan apparemiy ~anged, i believe them should be a date established by which time no additional di~ ~uld be removed and the area would be re-sodded to a aesthetically pleasant landscape. A ~d ~Hd ~ required to ~and be;ng ~ed back io couniy, In addition: I w~uld like to provide a more in depth description of our neighborhood c,;o..,,~.~;..,, o,,,,/~,~..+~,~ ~,o~ ,n ~, ,.,~,~ ".8 ~' '~+' and ~2 ~'~-~- F',aJt Ro~ has 18 home~ with 42 adult~ and ~ I ~ildren. Pantera Lane has 4 homes with U aOuits ana 2 ~lOren. Fawn Lane has 5 homes with 11 adults and 7 children. TOTALS '"" ~, hOlTlee "~--""'- I ? 2C"~O OEC ~ ~.~ ~L~ ~ao~ 5 M~st residents comm.~:e ~o v/ork .'~ Friendship io immokaiee Road. ~ost families o~ their homes; only one rental exists to my knowledge. I h~v~ f~lk~ with ~ m~ny n~i~hhnrg ~ n~ ~r m~h ~1 w~rk ~p~H~ ~1~ p~it Over h~lf ~,, ....... .,~,~ ~,,,,~,, against the approvaJ of ao~ t~ls aaaition to the eaChmining pit. It is not welcome nor compatible with the surrounding neighbo~ood Mildred A. I reischl_f From: Sent: To: Cc: Subject: MMMMMBALL@cs.com[SMTP:MMMMMBALL@cs.com] Monday, October 30, 2000 10:31 PM chrzanowski_s; MMMMMBALL@cs.com reischl_f; ECarlson@audubon.org; Baxtech@worldnet.att.net; JPDiNunzio@earthlink.net; Mkcornell@aol.com; Mickey644@mindspring.com; SmithLaw@netnaples.com; TOMGATOR@aol.com; tomatoes@sprynet.com Re: EAC meeting... Longan Lakes I am concerned about the proposed expansion of Longan Lakes because of its negative impact on my Friendship Lane neighborhood and the additional environmental problems it would create. ( I base this on the current operation of the Longan Lakes earthmining pit.) 1)Impact on area wells - The original Longan Lakes current reservoir size is estimated to cover an area approximately the size of 30 football fields with a permitted depth of 30 feet deep. Since it is a known fact that water follows the pathway of least resistance, it is hard to believe that the use of this much wate~ would not impact the water table. Longan Lakes II seeks to double this, both in area and depth. All residences are dependents on wells for personal and agricultural use. Already there has been a noticeable decrease in standing water in yards and ditches along Immokalee Road compared to areas less than a mile away. Residents have noted an increase in brown sediment that never had been a problem before the pit became operational. Water can also become contaminated from leaking diesel fuel and other chemicals. Dump truck operator can be independent contractors and difficult to supervise. 2) Established precedent - An application for another earthmining project located less than a quader mile away from the proposed location of Longan Lakes II was addressed in the February 8, 2000, County Commission meeting. A list of restrictions was placed at this time. Although that pit did not open, it would be logical that the same restrictions be applied. 3) Truck traffic on Friendship Lane and Platt Road Both roads are did and maintained at the courtesy and expense of the local residents. The intersection of Immokalee Road and Friendship is barely wide enough to allow two cars to pass side by side. Use of these roads was not addressed in the environmental study. Access is already established through the current pit onto Immokalee Road; any expansion should require all truck traffic to continue to use this route. 4) Noise - sound of trucks including "beep-beeping" back-up aleds every day of the week including Sunday from 5:30 AM to way past dark. Awakening to this sound and hearing it while trying to get cool on screened-in porches is disruptive. Original assurances were made that the pit would operate only during business hours during the week with a rare Saturday. Also commitment made when petition filed in Feb 99 with Planning Commission "that the volume of truck traffic with its associated noise will be less than the existing citrus grove". These commitments were not honored. It's like comparing a mini-mad thars only busy during the Christmas season to a Super Wal-Mart. Five semi tractor trailer loads per season compared to 250 loads per day is a big difference. 5) Dust- Management of flying dust is inadequate. It is harmful to all of us especially children with asthma and older people with lung problems. It damages air conditioning units and makes housekeeping more difficult. The Friendship Lane (South), Platt Road, Pantera Lane, and Fawn Lane areas provide 37 single family homes for approximately 79 adults and 32 children. Most families own their own home, only one rental unit exists to my knowledge. The dirt roads are privately maintained without assistance from the county. I plan to bring a petition from my neighbors asking that you serious consider the problems created if you do not turn down Excavation Permit No 59.755. Thank you, Mildred A Ball ph 348-8821 Page 1 DEC 12 2C,39 i reischl_f From: Sent: To: Subject: Jack Baxter[SMTP:baxtech@worldnet.att.net] Tuesday, October 31,2000 12:02 AM MMMMMBALL@cs.com; chrzanowski s reischl_f; ECarlson@audubon.org; JP~iNunzio@earthlink.net; Mkcornell@aol.com; Mickey644@mindspring.com; SmithLaw@netnaples.com; TOMGATOR@aol.com; tomatoes@sprynet.com Re: EAC meeting... Longan Lakes Hi Guy's rm very muched allong with you have thing's to worrire about, see www. EnviroWatch.com and www. GenAlert.com Send the supotr with your cocern's ................... jack baxter.ceo www.baxtech.coim HELP ..... Original Message ..... From: <MMMMMBALL@cs.com> To: <StanChrzanowski@colliergov.net>; <MMMMMBALL@cs.com> Cc: <FredReischl@colliergov.net>; <ECarlson@audubon.org>; <Baxtech@worldnet.att.net>; <JPDiNunzio@earthlink.net>; <Mkcornell@aol.com>; <Mickey644@mindspring.com>; <SmithLaw@netnaples.com>; <TOMGATOR@aol.com>; <tomatoes@sprynet.com> Sent: Monday, October 30, 2000 10:31 PM Subject: Re: EAC meeting... Longan Lakes > I am concerned about the proposed expansion of Longan Lakes because of its > negative impact on my Friendship Lane neighborhood and the additional · environmental problems it would create. ( I base this on the current · operation of the Longan Lakes earthmining pit.) · 1)Impact on area wells - The original Longan Lakes current reservoir size is · estimated to cover an area approximately the size of 30 football fields with · a permitted depth of 30 feet deep. Since it is a known fact that water · follows the pathway of least resistance, it is hard to believe that the use · of this much water would not impact the water table. Longan Lakes II seeks · to double this, both in area and depth. All residences are dependents on > wells for personal and agricultural use. Already there has been a noticeable · decrease in standing water in yards and ditches along Immokalee Road compared · to areas less than a mile away. Residents have noted an increase in brown · sediment that never had been a problem before the pit became operational. · Water can also become contaminated from leaking diesel fuel and other · chemicals. Dump truck operator can be independent contractors and difficult > to supervise. · 2) Established precedent - An application for another earthmining project · located less than a quarter mile away from the proposed location of Longan · Lakes II was addressed in the February 8, 2000, County Commission meeting. A > list of restrictions was placed at this time. Although that pit did not · open, it would be logical that the same restrictions be applied. · 3) Truck traffic on Friendship Lane and Platt Road Both roads are dirt and · maintained at the courtesy and expense of the local residents. The · intersection of Immokalee Road and Friendship is barely wide enough to allow Page 1 DEC > two cars to pass side by side. Use of these roads was not addressed in the > environmental study. Access is already established through the current pit > onto Immokalee Road; any expansion should require all truck traffic to · continue to use this route. · 4) Noise - sound of trucks including "beep-beeping" back-up alerts every day · of the week including Sunday from 5:30 AM to way past dark. Awakening to · this sound and hearing it while trying to get cool on screened-in porches is · disruptive. Original assurances were made that the pit would operate only · during business hours during the week with a rare Saturday. Also commitment · made when petition filed in Feb 99 with Planning Comr0ission "that the volume · of truck traffic with its associated noise will be less than the existing · citrus grove". These commitments were not honored. It's like comparing a · mini-mad that's only busy during the Christmas season to a Super Wal-Mart. · Five semi tractor trailer loads per season compared to 250 loads per day is a · big difference. · 5) Dust- Management of flying dust is inadequate. It is harmful to all of us · especially children with asthma and older people with lung problems. It · damages air conditioning units and makes housekeeping more difficult. · The Friendship Lane (South), Platt Road, Pantera Lane, and Fawn Lane areas > provide 37 single family homes for approximately 79 adults and 32 children. · Most families own their own home, only one rental unit exists to my · knowledge. The did roads are privately maintained without assistance from · the county. I plan to bring a petition from my neighbors asking that you · serious consider the problems created if you do not turn down Excavation · Permit No 59.755. Thank you, Mildred A Ball ph 348-8821 Page 2 ? Davitlson Engineering, inc. SITE DEVELOPMENT · UTILITIES · WATER MANAGEMENT ENVIRONMENTAL PERMITTING · FEASIBILITY STUDIES Mr. Charam Badamtchain, Phd. Collier County Development Services 2800 N. Horseshoe Drive Naples, F1 34104 Re: Longan Lakes II Conditional Use Section 25, Township 47 South, Range 27 East Dear Fred, ' June 28, 2000 Attached please find our applications for the Conditional Use for the Longan Lakes II Project. The following items are enclosed: 2. 3. 4. 5. 6. 7. 8. 9. CONDITIONAL USE Conditional Use application fee check # 1368 for $750.00. Conditional Use application (11 copies). Request for waiver of Archeological Assessment (11 copies). Sales Contract (11 copies). Conditional use plan exhibit 24" x 36" (11 copies). Conditional use plan reduced 8.5" x 11" (11 copies). Utility form ( 11 copies ) Aerial ( 4 copies ) Meeting Notes (11 copies). Please contact me if you require additional information. Cc Glenn Simpson Bill McDaniel 1720 J & C BOULEVARD. SUITE 3, NAPLES. FL 34109 · Ph 941-597-3916 · I APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOV'E TO BE COMPLETED BY STAFF General Information Name of Applicant(s) B|g A. pplicant's Nlailing Adaress Island Excavating, Inc. 7000 Big Island Ranch Road City Naples State FI Applicant's Telephone # 455-1218 Name of Agent Jeff L. Davidson, P.E. Firm z~p 34120 Fax # Davidson Engineering, Inc. ,, , 1720 d & C Boulevard, Suite 3 Aoent s Mailin,=/Address City Naples State FI Agent's Telephone # 941 597 3916 Fax # Zip 341O9 597 5195 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 PUB!.!C HEARING FOR CONDITIONAl. USE -6/98 Disclosure of Interest Lnformation: If the property is owned fee simple by an INDIVIDUAL, tenancy by the ent. Ltety, 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 Ownerskip NA ~ 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 Perrent,age of Stock NA If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. _ Name and Address Percentage of Interest APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 DEC ! 202 q i- AGE 2 OF 15 <9/ i If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general andYor limited partners. Name and Address Percentage of Ownership NA If there is a CONTRACT FOR PURCHASE, with an individual or individu?..!, a Corporation, Trustee, or a Partners,l-tip, list the names of the contract purck::,c~'s below, including the officers, stockholders, beneficiaries, or partners. Name and Address Big Island Excavating, Inc. Percentage of Ownership William L. McDaniel 113 James E. ivey 1/3 Anthony Glenn Simpson 113 Date of Contract: April 21, 2000 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address NA g. Date subject property acquired (":) leased ( ):. Term of lease. yr./mc>s. If, Petitioner has option to buy, indicate date of option:April' 200~d date option terminates: , or anticipated closing date Oct. 1, 2000 ho the date of application, but prior to the date of the final public h Should any changes of ownership or changes in contracts for purchase subsequent to APPLICATION FOR PUBLIC !tEARING FOR CONDITIONAL USE * $/98 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 I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal descrip;:,a;. if questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 25 Township: 47 $ Range: 27 I: Lot: Block: .Plat Book__ Page #: Metes & Bounds Description: Subdivision: Model Ranch Acres Property I.D.#: 00103880004 See attached description Size of property: 2660 ft. X 1613 ft. = Total Sq. Ft. Acres 102 +- ~ddress/general location ¢l'Subject property.: 1/2 mile south of Immokalee Road and south of existing Longan Lake excavation. In the Community of Corkscrew. Adjacent zoning and land use: Zoning Land use N A AglNative Condition , AglNative Condition Estates , Ag/Mobile Home S A E A W A APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/98 PA( DEC ~' ~ '_Tq ~ '-: 4 OF ~5 t 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). Yes Section: 2!5 Township: 47 Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.,---,: Metes & Bounds Description: E 1/2 of the hie 114(Longan Lakes Under const.) Longan II is the E 112 of the SE 114 Type of Conditional IJse: This application is requesting conditional use # the Ag district for Crw~o~ us£) Earth Minin~l Present Use of the Property: Existing Orange Grove of 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, staffs 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 ganting of the conditional use v,'dl not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be neeessay'). a. Describe how the project is consistent with the Collier County Land Development Code and. Growth Management Plan (include information on how the request is consistent APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - PAGE 5 OF 15 DEC with the applicable section or portions of the future land element): The project is consistent with the Land Development Code in that earth mining is a permitted conditional use under sec 2.2.2.3. Also the rural location and relatively low intensity of use are consistent with use both the growth management plan and future land use element. Describe the existing or planned means of ingress and egress to the property. proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fi,.. or catastrophe: The planned ing,res~sleflress to the project is via an existino driveway access onto Immokalee Road. The existing access to the existing farm operation on the property from Platt road will be discontinued thereby eliminating existing farm traffic within residential areas to the west of the ,project. Describe the effect the conditional use wi3 have on neighboring properties in relation io noise. glare, economic impact and odor: Agricultural pesticides and fertilizer use will be discontinue_d eliminating odor and potential contamination. Existing farm equipment noise will be eliminated. No impacts are expected from lighting. No detrimental economic impacts to neighboring property is expected. Existing excavation equipment will continue. -- Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The Completed excavation (Lake) will enhance the asthetics of the area. APPLICATION FOR PUBLIC HEARIbtG FOR CONDITIONAL USE - i e. Please provide any additional information which you may feel is relevant to this request. __ Fill, Beach Sand, Roadway Stabilizer Material and Shell are Necessary products for the building and recreation projects in Collier County. 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictior~s, however, many communities have adopted such restrictions. You may wish to contact tbe civic or property. owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. previous land use petitions on the 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? No ,4dditional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless othersvise wai red during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/:" 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), o all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, mclud~n required park.ea~.6~T[M disabled], ~1_[~_ APPLICATIOiN FOR PUBLIC HEARING FOR CONDrll'!ONAL US£-~ DEE ~' '~ - ,GE 7 OF 15 Waiver Request CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATIO1N PACKE~! R E Q UIR EMEN TS COPIES REQUIRED REQUIRED 1. ' Completed Application ' ~11 xx 2' Copy of Deed(s) and fist identifying Owner(s) and allv/ 1 Partners if a Corporation XX "3.' Completed Owner/Agent Affidavits, Notarized~ 1 XX ~"4. Pre-application notes/minutes " v/ll XX 5. Concep[ual Site Plans ~11 XX 6. Environmental Impact Statement-(EIS) [ 4 Q'~tiver R,,ques~ 7. Aerial Photograph - (with habitat areas identified) ~XX 8. i2~---~-mplete~Yl~-visidnS Statement (with req~uired i 4 attachments and-sketches) /do ", 9. Traffic Impact Statement - CI'IS) ~ 4 Trip Generation Est. 10. Historical & A~rchae~!ogical Survey ~r Waiver' ~ 4 Application Waiver R~,quest 11. Copies of State and/or Federai Permits ~c:wt~>t.~64 12. Ar~:hitectural Rendering of Proposed Structure(s)/,j'&4 3J/t' XX 13~ Application Fee, Check shall be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include all necessa~ submittal information may result the delay of process this petri . ~(~pplicant/Agent Signature Date APPLICATION FOR PUBLIC lIKARING FOR CONDITIONAL USE -6/98 PA A~A ITEM 2000 i A_FFIDA V[T 5~ am/are the owners of the property described herein and which i~ the subject matter of the proposed hearing,' that all the answers to the questions in this application, including the desclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of thts form, whether computer generated or Coun.ty printed shah not be altered. Public hearings will not be advertised until this application is deemed complete, and all required inJbrmation has been submitted. Asproperty owner We/I £urther authorize c~ ~? i~),a.'J3 ~'~t~ to act as our/mv represen~ativ, '5Xig3atu-ra(of ProC~pertv i }wner / ' Typed or 13rinted Name of Owner ~ ~ ~' matters retg.arding this Petition. ~ Signature ofProper.ty O~vner Typed or Printed .Vame of Owner ,,Th, eJoregoing/~t~ment was~cknomt.e. dged before me this ~ day .. ~ by, ~. ff:~j~.~./~./96/~~ho is personally ~own ,o m; ~~uced/~' State of FZori& (~tur, of ~bta~ Pu/lic - State of ' ...... ~l~ ~;~OTARY PUBLIC - STA~ ~ FLOmDA Coun~ oj UOllzer · su.,~/ D~E R SURtNCK COMMtSStON e CC~44~ ~PIRE8 BONDED THRU A~ I~8~OT~Y~ (Print, Type, or Stamp Commissioned Name of Notao, Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6~8 Pt ~r.-17-ot~ Og.*o,3/~ alovh n~pleS ClT. r'us gr'ov~lr t .v*~ J I.D. B IllCElT ~C~N~)A ITF. M BEC 12 2000 DEC I;? 2000 26b. (:Mm Term~ ~M Cmdlom c,,i(k:,w4 (,f'(idc to Mmmb~ ~bo~er ~i~ is eeccFd)b to Buyer, sIM)wm8 sood so4 ,him B~! Isl~nd-Encivi~. be. Photo is not available, Public Records 2196 PLATT RD NAPLES 34120-2430 Property Carnet Route: R044 JACOBS ET AL, HENRY J 341 SABAL PALM RD NAPLES, FL Zip Code: 34114-2549 Carrier Route: R011 ACREAGE HEADER GGE Unit'O: 25 47 27 El/2 OF SEll2, El/2 OF El/2 OF WII2 OF SE1/4 100 AC Section: 25 Township: 47 Owner Name: Mailing Address: City/State: Country: Sub/Condo: Legal Description: BlockJBIdg~ect: 00! Lot/Unit: .~)0 Ag Value: $151,110 Land Value: $520,318 Improved Value: $18,966 Total Value: $539,284 Total Assessed Value: $170,076 Total Non-Ad Valorem Assess: SO.iN) Total Ad ValoremTax: S2,509.57 Total Tax Bill: $2,509.57 ~ Tax Year: 1999 Land Square Footage: 435600~ Description: 66 Orchards, Groves, Citrus, Etc. Frontage: Depth: PmplD~:~I~SSOI~I Number of Stories: Exemption Agriculture: Exemption Homestead: Exemption Wholly: Exemption Widow: Exemption Blind: Exemption Disabled: Exemption Widower: Exemption Energy: Land Use Code: 66 Number of Acres: Pool: Year Built: Range: 27 Number of Bedrooms: Number of Baths: 100.00 1953 DEC !2 2000 o STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY ZIP ADDRESS OF SUBJECT PROPERTY BLE): Range: LEGAL DESCRIPTION: Section: Township: Lot: Block: Subdivision: Property I.D.#: Plat Book~ Page #: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] e. FRANCHISED UTILITY SYSTEbl [] PROVIDE N .a~M E d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM FRANCtlISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM O, VELL) [] [] [] 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE . 6D$ PA i 10. 11. 12. PEAK AND AVERAGE DAII.Y DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide~ brief and concise narrative statement and schematic drawing of sewage treatment p~ss to be used as well as a specific statement regarding the method of effluent anc~slu{~r6~isposal. Ifpercolation ponds are to be used, then percolation data and soil inx~lt sl~11 ~e provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY' DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier CounD' 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 utili~ easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or other~se provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the CounW, a statement from that provider indicating that there is adequate capaciW to ser~'e the project shall be provided. Utility Provision Statement RJ~I !0/I 7/97 APPLICATION FOR PUBLIC HEARING FOR CONDFI'IONAL USE- 6/9~ RESOLUTION 20O0- A KESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING, CONDITIONAL USE 'T' IN THE A- MHO ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIEP. COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the l/ewer 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 particulhr geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as ha said regulations made and provided, and has considered the advisability of Conditional Use 'T' of Section 2.2.2.3 in an A-MHO Zone for earthminlng on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties liave been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all mattms presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Jeff L. Davidson, P.E. of Davidson Engineering, Inc. representing Big Island Excavating, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by refe~er~ce herein be and the same is hereby approved for Conditional Use 'T' of Section 2.2.2.3 of the A-MIlO Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- BE IT FLIRTHER 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: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Marjo¢[e M. Student Assistant County Attorney g:/admin/CU-2000-1 I/RESOLUTION/FR/ts -2- DEC 1 g 2000 FINDING OF FA~ BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-11 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Dpvelopment Code and Growth Management Plan: Yes J No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes b,/ No~ C. Affects neighboring properties in relation to noise, glare, econoS.~ic or odor effects: , ///No affect or ~ Affect mitigated by .' ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the dis.trict: Compatible use within j;t4strict Yes'[/' No Based on the above findings, this co~ use should, with stipulations, (copy attached) ~ be recommended fLa~~ . DATE: //'-/~"-ffl~ CHAIRMAN: EXHIBIT" NO. ~ DEC 1 2 2000 DESCRIPTION " ' THE EAST 1/2~ OF THE SOU:THEAST 1/-4;-A:.N.D, ... '"' . THE- EAST -1/2~ OF. THE EAST1/2: OFTHE .:WEST t/2 . _ OF'..THE SOUTHEAST'.rI'/4 OF SECTION~ 25; TOWNSH~!P .. -~ :. -: . -. :-- . , :: , , '... _ . . ........ ''-' ...... Exhibit "B" GAiE ESTATES NIT 47 PARCEL A THE NORTHEAST 1/4 OF SECTION 25. TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY. FLORIDA. THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTE~R (NE 1/4) OF ,THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 25/~LESS THE NORTH 50 FEET FOR COUNTY ROAD 846; AND THE EAST ONE-HALFf(E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 2~j~/AND EAST (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOOTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 25. AND PARCEL B COMMENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST. COLLIER COUNT;f, FLORIDA. RUN NORTH 89~2'10' WEST 352.65 FEET ALONG THE NORTH LINE OF SAID SECTION 25. SAID LINE ALSO BEING THE CENTER LINE OF C. R. 846; THENCE SOUTH 00'09'10' WEST 50.00 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF C. R. 846 AND THE POINT OF BEGINNING; THENCE SOUTH 00'09'10' WEST 2.6~11.52 FEET; THENCE NORTH B9~4'40' WEST 1,334.60 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION THENCE NORTH 00'14'1g" EAST 1,5,31.26 FEET; THENCE SOUTH 89'23'20' EAST ,.333.51 FEET; THENCE NORTH 00'12'14" EAST 1,281.09 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF C. R, 846; THENCE SOUTH 89'22'10' EAST 997.97 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING. AND ' ° 2~5; LINE PARCEL C THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1 /4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-- QUARTER (NE 1/4) OF SECTION 25, LESS THE NORTH 50 FEET THEREOF AND LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD PURPOSES. LYING AND BEING IN TOWNSHIP 47 SOUTH. RANGE 27 EAST. COLLIER COUNTY. FLORIDA. , AND PARCEL D THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE I /4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 25. TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE NORTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES, SAID LAND LYING. BEING AND SITUATED 1N COLLIER COUNTY, FLORIDA. AND J PARCEL E THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAS3 ONE-QUARTER (SE I /4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY. FLORIDA. ~ AND : PARCEL F THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE--QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 25. TOWNSHIP 47 SOUTH. RANGE 27 EAST, LESS THE NORTH 30 FEET THEREOF RESERVED FOR PURPOSES, BEING IN COLLIER COUNTY. FLORIDA. AND PARCEL G THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QU~ THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE INOR'rHEA QUARTER (NE 1/4) OF SECTION 25. TOWNSHIP 47 SOUTH. LESS THE NORTH 50 FEET THEREOF AND LESS THE SOUTH THEREOF RESERVED FOR ROAD PURPOSES. ALL IN COLLIER FLORIDA. ONE- FEET'- I >_ w o_ [] o~ o_ Z~ a Ext~ibit "C" CU-2000-11 1. Blasting is not permitted. 2. A required lake littoral zone planting area of 10% of the perimeter of the shoreline is required prior to final acceptance of the excavation by the Planning Services Director. 3. Prior to final acceptance of the excavation by the Planning Services Director, a 20-foot maintenance easement around the perimeter of the lake shall be dedicated to Collier County with no responsibility for maintenance. r 4. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 5. Access to the site shall be via Immokalee Road only. 6. Hours of operation are restricted to weekdays from 7:00 AM until 5:00 PM and Saturday from 7:00 AM until 12:00 PM. The petitioner is exempt from these hours of operation when the Board of County Commissioners approves an emergency government contract. 7. This Conditional Use shall expire 5 years after the date of approval unless extended by the Board of Zoning Appeals. EXHIBIT "D" DEE 1 2 2000 ' £ -- UN RSITY OF '-. FLORIDA EXTENSION I~t~t, of Food a~a Agricultural Sciences June 20, 2000 ' Collier County 14700 Immokalee Rd Naples, FL 34120 TeL (941) 353-4244 SUN 974-5098 FAX (941) 353-7127 ..., ~?~'- "" J .~: .'.7~z" '-'z .~" f] ~;~ Big Island Ex~vation 3000 Big Isl~d ~nch Naples, ~ 34120 Dear Mr. Simpson: In addition to our deep appreciation for your generosity in contributing materials, time and talent to the Horticulture Learning Center, I am sure that your tax accountant would appreciate confirmation for your tax files. Your contribution to the citrus garden in the value of fill was approximately $6,062 for 1,212 cubic yards. The land leveling and grading was valued at $460 for a total of $6,522. For your records our FEIN# is 31-1496677. While tax rules require that we put a value on any contribution, your continued interest and support are invaluable. Sincerely, Director, Collier County University Extension Service DLB:sl DEC 1 2 20011 The Institute o~ Food ~ A~uml Sciet~e~ i~ an Equal Employment Op~ty - Affin~a~ive Action Employer authorized to provide research, educalional G.tT ASSEMBLY OF GOD James Ivey 2280 19th Street SW Naples, FL 34117 On behalf of our entire congregation, I would l~e to thank you for your generous donation of the fill dirt for our new sanctuary building project in March/April 1999. Your conm'bution was a tremendous savings to us as the contractor deducted $2,841.00 for the fill that you donated. We deeply appreciate your support of our church family over the years, and most certainly during this exciting building project. Now that the building is completc and in use, we pray that the Lord will be glorified through His work here. May the Lord richly bless you for your faithfidness to I-run, brother. Cvod bless. Terry Morgan Treasurer_ DEC I 2 ZOO0 3899 29~ Avenue S.W. · Naples, Florida 34117 · Phone: (941) 455-7051 · Fax: (941) 455-7,62~, i EXECUTIVE SUMMARY CU-2000-15, JUDITH A. INNES REQUESTING CONDITIONAL USE "24" OF THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR A HORSE STABLE ON LESS THAN 20 ACRES OF LAND PER SECTION 2.2.2.3. FOR PROPERTY LOCATED AT 262.AND 266 ROSE APPLE LANE, IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4_+ ACRES. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 (24) of the Collier County Land Development Code, for the stabling of horses on a parcel less than 20 acres. CONSIDERATIONS: The applicant requests a Conditional Use in order to legitimize an existing horse stable. The Code currently requires 20 acres of land for a horse stable, unless a Conditional Use is approved. The subject site consists of approximately 2 acres. (The petition was advertised as being 4 acres, the acreage stated on the deeds submitted to the County, however, staff research revealed that the site is approximately 2 acres. The Office of the County Attorney stated that this inconsistency does not effect the advertising requirements.) A letter of objection (attached) was received from the neighbor to the north. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Fringe Subdistrict), as identified on the Future Land Use Map of the Growth' Management Plan (GMP). Relevant to this petition, this Subdistrict permits a variety of non-residential uses such as agricultural uses, which have been interpreted to mean all the uses permitted ~in the Agricultural zoning district. The proposed agricultural use may be deemed consistent with the Future Land Use Element (FLUE). DEC 1 2 ZO( PQ. The proposed use is estimated to generate approximately 15 to 25 trips per weekday. These site- generated trips will not exceed the significance test standard (5 percent of the Level of Sen, ice [LOS] "C" design volume) on Sabal Palm Road or on Collier Boulevard (CR-951). In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. 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: Staff recommended that the Collier County Planning Commission recommend approval of Petition CU-2000-15 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMMENDATION: This petition did not require an Environmental Impact Statement because of its size and the fact that it is currently developed; therefore the Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition at its November 16, 2000 meeting. The CCPC considered testimony by staff and the petitioner and considered the objections of the neighbor to the north. The CCPC voted 6 to 0 to forward petition CU-00-15 to the BZA with a recommendation of approval. 2 PREPARED BY: FR~ED ~'EISCHL, AICP DATE SENIOR PLANNER ! nO~ALD F. N~ A~CP DATE CU~ENT PLA~G MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHN M. DU~rNNUCK, III DATE IN~-*ERIM COMMUNITY DEVELOPMENT & EN~qRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2000-15 3 ~, ~. l_D_k~.~.~ I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 11, 2000 SUBJECT: CU~2000-15 (ROSE APPLE STABLE) PROPERTY OWNER/AGENT: OWNER: Judith A. Innes. 266 Rose Apple Lane Naples, FL 34114 REQUESTED ACTION: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 (24) of the Collier County Land Development Code, for the stabling of horses on a parcel less than 20 acres. LOCATION: The subject parcel is located east of Collier Boulevard (County Road 951) off Sabal Palm Road in Section 23, Township 50 South, Range 26 East. The site consists of approximately 4 acres. I 11 I II DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to legitimize an existing horse stable. The Code currently requires 20 acres of land for a horse stable, unless a Conditional Use is approved. SURROUNDING LAND USE &ZONING: SUBJECT: SURROUNDING: North: East: South: West: Rose Apple Stables; zoned A Home and agricultural activities; zoned A Home and agricultural activities; zoned A Home and agricultural activities; zoned A Home and agricultural activities; zoned A GROWTH MANAGEMENT PLAN CONSISTENCY: The subject propert3, is designated Urban (Urban - Mixed Use District, Urban Residential Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits a variety of non-residential uses such as agricultural uses, which have been interpreted to mean all the · uses permitted in the Agricultural zoning district. The proposed agricultural use may be deemed consistent with the Future Land Use Element (FLUE). The proposed use is estimated to generate approximately 15 to 25 trips per weekday. These site-generated trips will not exceed the significance test standard (5 percent of the Level of Service [LOS] "C" design volume) on Sabal Palm Road or on Collier Boulevard (CR-951). In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. 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. 2 TRANSPORTATION, EVALUATION: INFRASTRUCTURE & ENVIRONMENTAL The proposed impact of a horse stable 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 horse stable on less than 20 acres of land is recognized as a Conditional Use in the Agricultural zoning district within the Urban designated area, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. The project lies within the Urban area and, therefore, is not subject to the Final Order. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safeR' and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The existing main access point is a driveway off Rose Apple Lane. This access point should operate adequately subject to any required engineering modifications. There is very little pedestrian activity in this area. CON: The proposed use is estimated to generate approximately 15 to 25 trips per weekday. ANALYSIS: Due to the low volume, the traffic ingress and egress to the stable should operate adequately and with an acceptable level of safety. 3 The proposed use is estimated to generate approximately 15 to 25 trips per weekday. These site-generated trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Sabal Palm Road or on Collier Boulevard (CR-951 ). Collier Boulevard is a 4-lane arterial road in the project area. The traffic count for this segment is 19,507 AADT and is operating at LOS "C". The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The subject site is a small agricultural operation in an area surrounded by small agricultural operations. CON: The effects of noise and odor from the horses could have an impact on the neighboring properties. ANALYSIS: The proposed operation will generate noises and odor associated with horses. However, the stable is existing and any increase will not be significant. In addition, most surrounding properties are also used for agricultural purposes. South, across Sabal Palm Road, the Winding Cypress PUD proposes golf course, residential and preserve in this area. 4. Compatibility with adjacent properties and other property in the district. PRO: The stabling of horses for private use is permitted in the Agricultural zoning district. This Conditional Use request is for commercial stabling on a parcel of less than 20 acres. CON: The commercial use of stabling may result in increased traffic in the neighborhood. ANALYSIS: The stabling of horses is compatible with properties in the Agricultural zoning district. The operation is separated from the Winding Cypress PUD by 850 linear feet of agricultural land and Sabal Palm Road, and may be considered an amenity to the residential component of Winding Cypress. Therefore, it is staff's finding that the Rose Apple Stable is compatible with adjacent properties and other properties in the district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU~2000-15 to the Board of Zoning Appeals, subject to th~~~e""~i~ Resolution. 4 ~ EAC RECOMENDATION: This petition did not require an Environmental Impact Statement because of its size and the fact that it is currently developed; therefore the Collier County Environmental Advisory Council did not hear this petition. PREPARED BY: SENIOR PLANNER [~~NVI~ ~F~,TD BY: AI~ F. NINO, AICP ('{ URRENT PLANNING MANAGER ~ ~, At!~.~--.. P )BER~ J. MI~hERE, AIC PLANNING SERVICES DIRECTOR /~' '-/7- o o DATE DATE DATE APPROVED BY: JO~/i~ M. DUNNUK III INT, oERIM COMMUNITY ADMINISTRATOR DEVELOPMENT DATE & ENVIRONMENTAL SERVICES Petition CU-2000-15 OMMISSION: 5 P~GE ~ :2'7:2 Ros Applc Lane N.pl , Florida Senior Planner T Collier County Government Planning Services Department )-800 North Morseshoe Drive Naples, FL 34104 Dear Mr. Reischl: My wife went in to talk with you a week or so ago. I a~ very busy finishing up editing two books simultaneously and have not had a chance to do anything about this situation, and now I find we cannot possibly attend the hearing due to prior appointments. However, I must add to my wife's notes. I have contacted other neighbors with land immediately adjacent and find they are not at all in favor of what Mrs. Innes is up to but they are either too timid or intimidated, or lazy to speak out. One of them is Mrs. Williams, who has run a legitimate licensed stable for over 10 years, as long as we can recall. She and he husband are hard working people who would give you the shirt off their backs. Mrs. Innes on the other hand would not give an inch unless she wants something for herself or to further her unlicensed stable boarding and bird businesses. The birds are pssitacine and very noisy, the up to 15 horses on only two and one half acres, in season raise an awful smell and dust. Now that she needs to get her permits she has finally, after many years of being obnoxious, put gravel on our lane, formerly used for he~ business by frequently blocking our lan~ preventing egress and exit at times, also driving in the drainage ditch breaking down the sides and turning the'lane into a dust bowl. She has, thankfully put in sprinklers to keep down the dust in the arena area and has said there would not be more than 5 horses maximum. She also said she would maintain the road for the large delivery and dt~p trucks, and have her customers park on the front of her place. And I asked that she remove the excess, no doubt unpermitted stalls scattered around the periphery of the property adjacent to ours. I said that I would not send this letter if she would put her promises in writing but to date she has not done so. I hate to be this mean, but I also wonder if in all the time she has been doing business here has she been paying the proper taxes. Why should I be supporting someone down from Canada who won't follow our laws and be a good neighbor. We have felt all along that Mrs. Innes actually practically put Mrs. Williams out of business by underpricing the boardinq, when Mrs. Williams put a lot of money into their attractive stable and large acreage for the horses. oh yes Innes also paints murals as a sideline in restaurants. Mrs. Innes finds it very easy to turn on the waterworks, as my wife calls the tears, but when I said, "don't give me all that teary stuff", they dried up immediately and started begging. "Don't put me out of business, etc. etc." I don't want to put her out of business, I just want to put it in perspective, and make her act like a good "citizen" and respect her neighbors. Sincerely, ..~ Robert W. Read, Ph.D. Retired Botantst/Horticulturist/Enviro~ment&list Petition No.: Date Petition Receiw - Corra'nission Distact: -~ Planner Assigned: General Informalion Name of Applicant(s) State /~'A(. ' Naive of Agen! ....... Firm Agent's Maiimg Address City State Zip Agent's Telephone Fax ~ COLLIER COUNTY COMMUNITY PL~NmNG SER~CES/C~~ PLUG: 2800 N. HO~ESHOE D~- NAPLES, ~ 3410 PHO~ (941) 403-24~W~ (~1) 64~6968 N ~H~G FOR COND~NAL U~g. 6~ PAGE I Complete the following for all As-~oc~ation(s) affiliated with skis petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City Name of Homeowner Association: Mailing Address City State ~ Zip State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip . Name of Master Association: Mailing Address "'.. City State _ Zip Name of Civic Association: Mailing Address City State ~ Zip 2. Disclosure of Interest Information: 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 necessas.'). Name and Address_/ _ Percentage of Ownerfl~ s, PPLICATION FOR PUBLIC ITEARL~/G FOR CONDITIONAL USE. bo 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 if the property is the percentage of interest. Name ~nd ~dctress m the name of a TRUSTEE, list the beneficiaries of the trust wi:h Percentage of haterest 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 Ad&ess Percentage of OwnroMp If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Cerporation, Trustee, or a Parmership, list the names of the contract purchasers b,Aow, including the officers, stockholders. beneficiaries, or partners. Name and Address Perceutage of Ow~emhip Date of Contract: FORPUBLIC HEARING FOR CONDITIONAL U~I~ . ~ I if' any contingency clause or c~n~ra~ t=rms involve a~iitional pam¢s, lis~ ai] individaais or o£f'iccrs, if a corporation, parmership, or ~rust. Nan~ ~;I Addresi Date subject property acquired ( ) lea~ed ( ):L,. Term 0f lease ~/', Petitioner has option to buy, indicate date of option: ... :e~es: , or anticipated closing date _ .. ,, yr./mos. and date option Should any changes of o~a~rahip or chang~ in contracts for purchase subse. quen! to ,.he date of application, bur prior to the da~ of the final puiblic hearing, it is the responsibili.'.y of the applicant,. or agent on his behal~ lo submit a supplemental disclosure ~ f into'eat form. Detailed ]e_eel de_scriptton of the ~r9perty_eovered by ~he irmdcqu~;e, a~ck on s~te pagc.) If ~ucst mvolv~ ch~ge ~ mo~ ~ one zo~ng dis~ct, incl~e s;p~te legal descfip~on for ~pe~ involv~ in ~h ~s~ct, Applica: s~l submit fo~ (4) copi~ of a ~t ~cy (~mpl~ ~ ~e l~t ~x monks, m~;~ 1" to 400' scoa) ifr~ ~ ~ so ~ ~ p~-apph~on m~g. NOTE: ~e aFp~cmt is ~po~ble for s~l~g ~e ;o~t le~ d~c~p~on. If qu,;sfio~ ~se conc~g ~e leg~ d~pfio~ ~ ~e~s ca. cation or s~l~ s~ey may be r~.. . :Section, . __ ~o~p: . _ . Block: Subd,~,io~~ Lot: Plat Book,__Page #:~_.__. l~operty I.D.$$: Metes & Bounds Description:, S~q of ?operty; ft. X ft. = To~ Sq. Ft. _Acres ~ _ i Ad_iacent zoning and land use: Zoning E W Land use Does property owner own contiguous property to the subject property? Ifs0, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book~ Page'g: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is rcqucsting conditional use ~ the district for ~rws oF uss) J'ftg,/~ ~- .~'7"'/O.z~ A_ ~ of Present Use of the Property: .~PPLICATION FOR PUBLIC HEARLNG FOR CONDITION.a,L USK . 6/95 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, staffs recommendation to the Planning Commission and the Planning Commisaion'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 add that the specific requirements governing the individual conditional use, if any, have bema met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed r ~ (Attach additional pages as may be necessary). DEC 1 2 2000 a. Describe how the project is consistent with the Collier County Land Dev¢i0pment Code and Grov, xh Management Plan (include information on how the request is consistent with the ?,~licable section or portions of the future land use element).'c~.ff)~_.e.~ e~. ~;h~.~_~_~__/a~ ~'~ ._./~ ~ ~' ~ ~/--~--- b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience. traffic flow and control, and access in case of ~re or c. Describe the effect the conditionalruse will have on neighboring propert/es 'u~ela~t~~'~;o ' i noise. glare, economic impact and odor: 2'/~r.~/~a~_ ~ ~-~r.~ , d. Describe the site s and the proposed us~'s compatibility with adjacen,t properties and---, , ~ oth~properties in the dism_'ct:_ ,'~z./t~~/z~_~. ~ e. Plea~e provide any additional information which you may feel is relevant to thia 10. Deed Restrictions: The County. is legally precluded from enforcing deed restrictions. however, many communities have adopted such resructions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous !and use petitions on the subject property_: To your knowledge, has a public hearing been held on this~property within the last year7 If so, what was the nature of that hearing? At/ 29/J~ · 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in o~der for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" 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 buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE 7 OF 15 'I DEC 12 I 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 submitled. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida DepartTnCnt of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (*rls), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if praperxy is located within an area of historical or archaeological probability (as identified at pre- application meeting); .~my additional requirements as may be applicable to specific conditional uses and identified dunng the pre-application meeting, including but not limited to any required state or federal permits. A[~l~LICATION FOR PUBLIC H£~RING FOR CONDITIONAL USE - 6/~8 PAGE 8 OF 15 TR/~FFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. ~,~- MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shah 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 m level of service (LOS). Any proposed improvements (to the site or the external right-of-way) such as providing or eliminatirxg an ingress/egress pomt~ or providing turn or decel lanes or other improvements. Describe any proposal to rmtigate the negative artpacts 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 shah address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 4. Thxough Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development AppLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6/98 PAGE 9 OF 15 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assi_~nment: Provide a map depicting the assignment to the network, of those taps generated by the proposed project. The assignment shall be made to all 1/nks witl'dn the RDI. Both annual average and peak seasonal traffic should be depicted. E~isting Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI, 4. Level of Service .(LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Develonment Influence tRDB: The TIS shall cover the least of the foilorang two are~: an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Residential 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. ~,00,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In ,Jeseribing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Interlection Analysis: An intersection analysis is required for all ~nt~~tbJn-the RDI v,'herc the sum of the peak-hour critical lane volume is project to Vehicles Per Hour (VPH). ! D Background Traffic: The effects of previously approved bm 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 es:imate of the effect~ of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas witkin ~he projects RDI. A'map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be add.rcsscd through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional docum~'aation and backup data to support the estimation as well. I0. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro_iect Phasin~ When a project phasing schedule is dependent upon pr0poscct roadway improvemeats, 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 FOILM RVB/RJM 10117/97 AI~PLICATION FOR PUBLIC HEARING FOR CONDITIONAL U$£ . 6/98 OEr: 12 .7,o,,,-. PAGEll OF 15 I STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST NAME OF APPLICANT: MAILING ADDRESS: CITY ZIP 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Township: Range: Lot: Block: Subdivision: Plat Book~ Page #: Property I.D.#: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): &. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] ~. FRANCHISED UTILITY SYSTE~ [] PROVIDE NAME d. PACKAGE TREATMENT PLANT ".,. [] (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDE'D: &. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] ~ FRANCHISED UTILITY SYSTEM [] PROVIDE ~AME ~_ ~. .... d. PRIVATE SYSTEM (WELL) ~LICATION FOR P~BLI£ !t~,~,l~o FOR co~umo~a~ ust. 6;o8 pAGE12OF !5 i 10. ll. 12. TOTAL POPULATION TO BE SERVED: PEAK A~ND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B, SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: ':Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be u~ed az well a~ a specific staxement regarding ~e method of effluent and sludge disposal. I£ percolation pond~ are t~ be used, then percolation dam and soil involved shall be provided from te~m prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located with.Ln the services boundaries of Collier County's utility. service system, written notaxized 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 fee~ 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 s~.rving the water and sewer svstems. 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 tha: provider indicating that there is adequate capacity to serve the project shall be provided. Utility Prov~ion Statement AP!)LICATION FOR PUBLIC H£ARING i CONDITIONAL USE APPLICATION SUBMITTAL CHECKI.IST THIS COMPLETED CHECKLIST.- IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # NOT' COPIES REQUIRED REQUIRED 1, Comp~'eted Applicatio'n 11 2. Copy of Deed(s) and !is~ identifying ~'wner(s) and all1 ~ Partuers if a'Corporation 3.' Completed Owner/Agent Affidavits, Notarized 4. Pr~-application notes/minutes' 1 5. Conceptual Site Plans 1 6.' Environmental Impact Statement - (EIS) 4 7. Aerial Photograph'- (with h"~bitat areas identified)4 - 8.' Completed UtilityProv~ions Statement"~with~required4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 ~0. Historical & Archaeological Survey or Wal'~er....4 Application 1 ~. Copies of State and/or Federal Permits 4 "' 12']" Architectural' Rendering of Proposed Structure(s)4 13. Application Fee, Check shah I~e made I~ayable to - ' ' Collier Coun..ty Board of Co.m. missloners C// .... 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indic included in this submir~l package, I undersUmd that failure to include all neces~y subm in the de~etition. . /~.~ -APl~lic~ml~^gent Signature APPLICATION FOIl PUBLIC HI.AIlING FOR CONDITIONAL USR . 6D8 PAGE 14 OF I5 being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers tol_he questions in this application, including the disclosure of interest information, all sketches, data, and other supplementa .rv matter attached to and made a part of this application, are honeat and true to the best of our knowledge and belief. Fireli 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 WeYl furthcr authorize as our/my representative in any matters regarding this Petition. tO ac! Signature of Property Owner Signature of Property Owner Typed or Printed Name of owner Typed or Printed Name of Owne. r The foregoing instrument was acknowledged before me this day of 19 , by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of. Florida) (Print, Type, or $ta,~p C$~i~i~ed Name of Notary l~bli~j APPLICATION FOR ~LIC H~G FOR CO~1ON~ USE . ~ RESOLUTION NO. 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "24" 1N THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enfome zoning and such business regulations as are necessary, for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "24" of Section 2.2.2~3. in an "A" Rural Agricultural Zone for a horse stable on a parcel of less than 20 acres on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Judith A. Innes, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "24" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for a horse stable on a parcel of less than 20 acres in accordance with the Conceptual Master Plan (Exhibit "C"). I 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: JAMES D. CARTER, PhD., CHAIRMAN Approved as to Form and Legal Sufficiency: larjo~M. Stud~n't - .xssistant County Attorney g:/admin/CU-2000-15.' RESOLUTION,TI:U1 m -2- i FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-15 The following facts are found: 1. Section 2.2.2.3.24 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property. or uses in the same district or neighborhood because of: mo Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by __ ~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" g/admin/CU-2000-15/FR/im I s.s. 00i3 ! 00',ZS OR BOOK P SE Property AppraJ~e:'s Parcel Identification I:o.: 04769~0C002 .~.S No.; 'i"-~"~ Grantee . betwe~n LYNN SCOTT, a ~ingl, wo~mn, g~anto:, to JUDIT~ A. INN~S, a married woman, whose address 1~ P.O. Box 1386, Marco Island, Flo~ ida 3]969, grantee. wI~SS~, ~AT, grantor Zor and in consideratzon of the sum of ten dol!a~s, to him in hand paid b~ grantee, the whereof is .hereby acknowledged, 5a~ granted, bargashed, a~d sold to grantee, his Netrs and assigns forever, the following described lan~, ~Ztuate, lying and being in the County of Collier, ~19rlda, to wit: The south 198 ~eet of the no~th 462 fe~t of the east 1/2 of the ue~% 1/2 of the 8outNwezt 1/4 o[ the southeast 1/4 of sectzon 23. Township 50 south, range 26 east, Collier County, Subject to easements, restrictions, reservations of record, taxes for the year 198B end subsequent years. ~ub~c: also to a~ existing mortgaqe with Barnett Rank of ~;aple~ with a current balance in the amount of $34,531.00 which the g[antee assumes and agrees to pay. And grantor does hereby fully warrant the title to the !and an~ will defend the same agains~ ~he lawful claims of all persons whomsoever. ~! ~IT~$~ W~.'iEOF~ g~an~or has hereunto set his hand ano seal :he date first above written. Signed, seaie~ and d~i~ve~d ~n ~he oresonce of: >:.,.' ,:,' , :, Witness ~d' /.~ STATE OF ~-~.~ ~/3~ COUNTY OF ~-~ ~- ,.~,~ I HEREBY CI~RTIF¥ that on this day, before me, an officer duly ~--- acknowledgmnnt~, per~onaily apesarid LYNN SCOTT, to me known to be ~he per~ described in and who exocuteC the forecoin~ acknowledged before me that they executed the same. WI~SS my hand and official sea~ in the State !a~t aforesaid thlS r~ day of ., ,. .. ~ ~ ..... My commission explceu; 9~ North Collier Boulevar6 Marco Island, Flozidc 33937 I Exhibit "B" 01851049 r.,OL L i t_R COUNT'.f ~,Ug 15 PH ,":.07 RECORDED PRM _ ~..,..~, INT , , W~_R.R.~d';TY DEED be=ween LONNIE R~ER N~H. a single man, whoe~_p~.office address ~a: 2~z ~o~e Apple L~ne, Nap~, .... i ....... , o_ th. Cw!lier, Sta~e of Florida, Gran%orx and JUgITH A. INNES, a single ~ma~'. whose social security n,~er is: , whose post office ~ddrese is, 26~ Rose Apple Lane, Naples, Florida 33961, of tl%~ Cwunty of Celllet, WITNESSETH: That said Gzcntor, for and in consideration of the s~ of Ten and No/!00 Do~.].ar~ (SI0.00), and o:her good and valuable consideration to salQ G[antor in hand paid by said Grantee, the receipt whereof i~ heremy acknowledged, has gran:ed, ba~gained and sold [o the said Gran~ee, and Grantee's heirs and assigns forgraf, =he ~ollowing descried lenS. situate, lying and being In Collier County, Florida, The North 132 feet of P~cu~ No. 8 as per the% certain unrecorded su~ey da:ed ~ch 2v, 1972, Drapered by Wilki~on & B~ns of the West 1/2 of the SW 1~,~ of the SE 1/4 of Section 23, To. ship 50 South, Range 26 East, Cw~lier County, Florida, more p~ticu[arly described as follows: The South 132 fee% of =he North 264 feet of the East 1/2 of the West 1/2 of the Section 23, To.ship 50 South, Range 26 East, Collier County, Florida. Subject to easements and restrictions co.on to the subdivimion; oil, gas and mineral interests of r~ord it any; zoning and use ree'triction~ ~posgd by gcver~ental authority; rases for :he current year, Proper~y I.D, N~er, 0043612000~ and said Grantor doe~ hereby fully warrant the title ~o said land, . and will defen~ the s~e ageins= the lawful claims of all persons whosoever. 0019}6 00i .5l OR 800' ' .-,-- 00-15, (Printed name of Witness) 001976 %'he foregoing instrument was acknowledged before me this/~~ day of Au?ust, 1994 by LONNIE R~R ~S~, who is ~rsonally My C~lz~ion Rxpires~ ~- ~'~ ~ ~L~C (SE~) (Printed N~e o~ Not~ Public) Th£~ in~trumen% prepared by: G~ORGE P. LA~GFORD Attornoy at Law 3357 ?ami~mi Trail North , ~/ Exhibit EXECUTIVE SUMMARY PETITION VAC 00-0i6 TO VACATE THE COUNTY'S INTEREST IN A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A 10' WIDE DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 686, PAGES 1664 THROUGH 1665, AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A RELOCATION EASEMENT. LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate the above-descri~,ed 10' wide Drainage Easement and to accept a 15' wide Drainage Easement as a relocation easement. CONSIDERATIONS: Petition VAC 00-016 has been received by the Planning Services Department from Paul Boyce, as agent for the petitioner, Meridythe Grey, requesting the vacation of the above-described 10' wide Drainage Easement to accommodate proposed construction at the site. They are also requesting that Collier County accept a 15' wide Drainage Easement as a relocation easement. Letters of no objection have been received from Collier County Engineering Review Services and Collier County Stormwater Management. Zoning is 1LMF-6. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That tile Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-016 for the vacation of the above-described 10' wide Drainage Easement; and 2. Approve and accept the 15' wide relocation Drainage Easement; and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the relocation Drainage Easement documents individually and to record a certified copy of the Resolution in the Official Records. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Rick Grigg, P.S.M. P'~~ 0 ~ Thomas E. Kuck, P.E. Engineering Review Manager Plan v~ent Director John(l~J. Dunnuck, III, Interim Administrator Community Development & Environmental Services DEC 12 2000 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 24 25 2'/ 28 29 30 31 32 33 34 35 36 ~ 39 4O RESOLUTION NO. 2000- RESOLUTION FOR PETITION VAC 00-016 TO VACATE THE COUNTY'S INTEREST IN A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A 10' WIDE DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 686, PAGES 1664 THROUGH 1665, AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A RELOCATION EASEMENT. LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, Paul Boyce as agent for the petitioner, Meridythe Grey, does hereby request the vacation of the 10' wide Drainage Easement recorded in Official Record Book 686, Pages 1664 through 1665 and does hereby request the acceptance of a 15' wide relocation Drainage Easement along the westerly 15' of Lot 25, Block C, according to the plat of"Little Hickory Shores, Unit No. 1" as recorded in Plat Book 3, Page 6, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easement, as more fully described below; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR1DA, that the Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, ~s hereby accepted as the relocation Drainage Easement. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the relocation drainage easement individually in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal suf~ciencv: F.nrick ©. White, Esq. .sislant County Attorney' BY: James D. Carter, Ph.D., Chairman DEC t 2 2000 p~. .2- SCALE WILLIAM McAI,EAR REGISTERED LAND SURVEYOR P.O. Box 9732 Naples, FL 33941-9732 T~lephone: (813) 597-7428 EXHIBIT "A" SHEET I OF 1 VAC 00-016 LEGAL DESCRIPTION A 10' WIDE STRIP OF LAND DESCRIBED AS FOLLOWS: A 5' WIDE STRIP OF LAND LYING ALONG EACH SIDE OF THE LOT LINE BETWEEN LOT 24 AND LOT 25, BLOCK C, ACCORDING TO THE PLAT OF "LITTLE HICKORY SHORES, UNIT NO. 1" AS RECORDED IN PLAT BOOK 3, PAGE 6, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGEND I tt F,I.R.M. MAP, COMMUNITY, PANEL NUMBER: iOA~.. ~- ,?- 97 ~oo~7 o,~.~ °ATE°- ~-~-~C THE PROPERi'PEARS TO BE ~O ZONE ~ ~ ~ - ~ t ~'"GSARE BASED ON THE ~0 F I ~E ~ SURV~ [ DATE m RELD ~RK m ~ ~ E ~ ~T ~ E ~ ~ ~ ~ ~ ~ ~ ~.l.l~ V. M~ ~ T~~- ~9'-~" ~. ~- P.L.S. DE rr. NDA ITE 1 2 2000 I WILLIAM MCALEAR LAND SURVEYING 7395 STONEGATE DRIVE NAPL~S~ FL L _3_41 09 T e~.p,hone 941-597-7428 Fax 941-597-2~03 Legal description of 15 foot Drainage Easement The westerly 15 feet of Lot 25, Block C, of that certain subdivision known as LITTLE HICKORY SHORES, Unit NO. 1, as recorded in Plat Book 3, Page 6, of the Public Records of Collier County, FLORIDA. oo ~£ o - Be'- 5o" ~/' z~ O0" S?'- EXHIBIT "B ~ SHEET I OF 1 VAC 00 - 016 WILLIAM V. McALEAR Registered Land Surveyor AGENDA ITEM DEC 1 2 2000 THE Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: /=7/_/~, ~'~. Telephone: :Alp Code: Telephone: Zip Code: Location of Subject Property: Z l ¢~'ZE ~'///-,~/-~ ~ Location: Section~_._. Township ~<~ S. Range ~ ~. Official Retord Book __~ Page (s) .~ Current Zoning: Legal Description: ~Y'Z ~¥9/ .~d'" "~,~f~A/ f ., LITZ~,/~ I hereby authorize Agent above to represept me for this petition: Print Name Does this affect density? ~es [] No (Title) Please see "Policy and Procedure for the Extinguishmeat of PubUc Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Com*~unity Development & Environmental Setvie. Division Planning Services Department 2800 North Horseshoe Dr. Napits, Florida 34104 O) (2) (3) (4) Page 4 of 4 If applicant is · !and trust, indicott ~ name of benefidarles. If applicant is a corporation other than a public corpor·tion, indicate the name of OfficeFs and major stockholders. If applicant is a partneFship, limited partneFsMp or otheF bushim entity, indicate the na principals. List aH 0theF oWUeFS. AGENDA ITL DEC 1 2 2000 i Official Receipt CDPR1103 - Official Receipt Collier County Board of County Commissioners ,,,/,::;' c__.. oc~- Trans Number ! Date Post Date t Payment Slip Nbr ,216869 108/29/2000 1:44:23 PM ~ 08/29/2000 MS 75120 WALLACE W. MCLEAN New or Exist: N Payor · MCLEAN Fee Information Fee Code Description Amount GL Account 11313890032920000000 12ROWP RIGHT-OF-WAY PERMITS $1000.00 Total $1000.00 Waived Payments Payment Code i Account/Check Number Amount CHECK i 1167 $1000.00 Memo: CHECK NO.1167 vAc-60-016 ~ Total Cash Total Non-Cash Total Paid $0.00l $1000.00 $1o0o.oot Cashier/location: FROLOFF_E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:08/: AGENDA ITEM DEC 1 2 2000 )~2000 1:44:42 PM *** 2156146 OR: 2292 PG 184 ¢0N$ 120000.00 WARRANTY DEED T~IS INDENTURE, made this day of ~1~,-~,' , 1997, between HR~GORY T. A~-gRINO, a "si~gle~a~, whose post office address is: 972 Sandcastle Road, Sanibel, FL 33957, Grantor, and ](~RID~H~%'BR~OT.~, a~arried~n, whose tax identification number is: -~, and whose post office address is: Avenue South, Naples, FL 34102, Grantee, WITNESSETH: 'Innat said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: Lots 24 and 25, Block C, of that certain subdivision known as LI~ULE MICKORY SHORES, UNIT NO. 1, according to the plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Plat Book 3, Page 6. SUBJECT to restrictions, resez-vations and easements of record and taxes for the year 1997 and subsequent years. Property I.D. Number: 55853000008 and said Grantor does hereby fully warrant the title to said land, and will defend the s~ge a~ainst the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set 9rantor's hands and seals the day and year first above written. Signed, sealed and delivered in~esence~ /~ / ( P~i~n~e ~i~ness~ (Printed name of Witness) ANERIN0 STATE OF FLORIDA COUNTY OF COLLIER The fore_qo%ng instrument ~w,a,s acknowledged before me this ~ day of ~/ , i997 by HR~O~¥ T. ~I~O, _who is ~erson~liy kn~o me 6r who have produced as i~tification. ~~ :.~ Co~ission E~ires: ~~. ~ . /~o~ g~L~C ~ -- ~ /I ~:~"~, ~OR~EP.~O Printed N~e of No~a~ ~lic AG~A I'1~ " DEC 12 2000 i 45896~ ,, 1664 r~S ~AS~,'m.~T m~ae this _ /~__day of - /"/['~;/L , , , A.D. 1977, betweeu Little Hickory Shores, Inc., a corporation existing under The laws of the State of Florida, and having its principal place of business at 633 - 9th Street North, Naples, Florida, 339~0, first party, and the Collier County Board of County Comm.~ssioners, as second party. WITNgSSETH: That the first party, for and in consideration of ~he stun of $1.00 and other valuable considerations paid by the party, receipt of which is hereby acknowledged, hereby grants unto the second party an exclusive easement, licen~e.and privilege to ente~ upon, ~ to install and maintain drainage facilities abo~e and below ground ~_ th~ following described lands being located in Collier County, Florida, to wit: A te~ (10) strip of land being described as follows: A five (5) loon strip of land each side of ~he Lot line between Lot~ 24 and 25, Block C, Little Hickory Shores Unit No. 1 as recorded in Plat Book 3. Page 6 of the Public Records of Collier Coonty, Florida. 0 o IN WITNESS ~'HEP£OF the said first party has caused thesa presen<s to be executed in its name. and it~ corporate seal ~o Oe hereunto affixed, by its proper officers thereunto duly authorized. the day and ~k',L: 'year. first above ~itten. , . <CO~O~TE SEAL) ' '"' - ... ~ ,.~ ' . z;,,: '"'""" -' .... Signed, sealed and delivered in the presence of: , COUNTY OF ((, z~..' I HE~BY CERTIFY that on this day, before me, an officer duly authorized ~n the State and County aforesaid ~o , ake acknowled~en~s, personally appeared Forrest Wa]kef a~d Ja~$ L. W~ ker well known to me to be the President and Secretary respectively of the corporation named as first party in L DEC 12 Easement. and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed theret~ is the true cel-porate seal of said corporation. · .:< ' %4ITNESS my hand and official seal in the County and Szate las~ ,,,.~e~a,i'd thi~ ~2~ day of Apr~l , A.D. 1977. · ",,O: '. i;, '.: ,~ (.NOT ~,~{, ¥~ 'SEAL) ' '.v,MY:'c~i~sion expire,_s: · This instr~enr prepared by: Ernest ins Stephan Coll~.' ~ County Engineering Department Collie.. Comfy Courthouse Complex Naples, Florida 339A0 /; Accepted fop reccrding in the officio! records of the Clerk of the Circuit Court May 3 .... 1977. '~/~.-.-,~/,~_ ..~.~ , Deputy Clerk I~J~4 DEC 12 I v ~c_.. DEC 2 2000 LITTLE HICKORY ~Y ~)' 4 .*FIRST STREET SECOND STREET THIRD STREET F] ST I SCALE WILLIAM McAI,EAR REGISTERED LAND SURVEYOR RO. Box 9732 Naples, FL33941-9732 'I%lephone:(813) 597-7428 LEGALDESCRIPTION Lot 24 & 25, Block C, of thai certain subdivision know~ as LITTLE HICKORY SHORES, Unit No. l, as recorded in Plat Book 3, Page 6, of the Public Records of Collier County, FLORIDA~ subject to a 15 foot drainage easement along the west 15 feet of lot-25, block C. 78' - LEGEND ] / ~' FLOOD PLANE CERT~F~CATION ACCORDING TO THE I ~.~W, eY: ,--'.'~.~- I l HEREBYCERTIFYt~ I:..I.R.M. MA[~, COMMUNITY- PANEL NUMBER: iDA'rE.'2- )?- 9'7 I IZO067 ~)t'T~'D DATED: 6 -3 -~'~ ICHECKEDBY:I~"'w¢ I THE PROPERTY APPEARS TO BE FLOOD ZONE A~ ~'L.- I~ ' I8EARINGSAREBASEDONTHE DEC 1 2 2001 LETTER OF NO OBJECTION To Whom It May Concem: I am requesting the extinguishment of county dedicated easement on plated land. A five (5) foot strip of land each side of the lot line between lots//24 and //25, Block "C", Little Hickory Shores Unit No. I, as recorded in Plat Book 3, Page 6 of the Public Records of Collier County, Florida. I have no objection to the proposed vacation. Sincerely, John Boldt Collier County Water Management The new drainage easemere will be located on the west 15' of lot 25, Block "C" of that certain subdivision known as Little Hickory Shores, Unit No. I, as shown on drawing. Yours truly, Meridythe Gr~'y 187 9thAvenue South Naples, FL 34102 DEC 1 2 2000 LETTER OF NO OBJECTION To Whom It May Concern: I am requesting the extinguishment of county dedicated easement on plated land. A five (5) foot strip of land each side of the lot line between lots//24 and //25, Block "C", Little Hickory Shores Unit No. I, as recorded in Plat Book 3, Page 6 of the Public Records of Collier County, Florida. I have no objection to the proposed vacation. Sincerely, John Houldsworth Collier County Engineering Review Services The new drainage easement will be located on the west 15' of lot 25, Block "C" of that certain subdivision known as Little Hickory Shores, Unit No. I, as shown on drawing. Yours truly, 187 9th Avenue South Naples, FL 34102 OEC 1 2 2000 This insrruraenr prepared by.' George P. Langford 3357 Tamiami Trail North Naples, Florida 34103 (941) 262-2011 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS, that the undersigned, MER1DYTHE EVERSOLE GREY, the Grantor, being the owner of the fee simple title to the lands hereinafter described, does hereby dedicate an exclusive easement to COLLIER COUNTY, FLORIDA, to enter upon, and to install and maintain drainage facilities above and below ground on the following described lands, to wit: The westerly fifteen (15') feet of Lot 25, Block C, of that certain subdivision known as LITTLE HICKORY SHORES, UNIT NO 1, as recorded in Plat Book 3, Page 6, of the Public Records of Collier County, Florida. TO HAVE AND TO HOLD the same for the purpose aforesaid forever. THIS dedication and the recordation of the same shall not place any duty, burden or liability upon Collier County, by formal act of the governing body, to accept the property herein and hereby dedicated, nor obligate Collier County, Florida to improve the aforesaid property in any manner, nor shall acceptance of this dedication by formal act of Collier County, Florida obligate Collier County, Florida, to improve the aforesaid property in any manner. The subject property is not the homestead of the Grantor who resides at: /(~ ~ ~f-'~/t~a~ Jop , Fla. . IN WITNESS WHEREOF, the Grantor has hereunto set her name this .~-~ day of August, 2000. Signed, sealed and delivered in the presence of: r ?J~rinted Nam~ ~f ~ness) (~ed N~e of ~ess) MERIDYTI~ E-VERSOLE GR~Y STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~) day of August, 2000 by MERIDYTHE EVERSOLE GREY, who is perso e/ · ~ m ~ly Conlrnls.ion Expire.: (SEALJ 'L,~ :_:,' :, 7o:..~' '-.:~ - NOTARY PUBLIC MYCC,,,Td.[Si::ON [X2. NOV, 3.2~ '" scz ^ rrm / DEC 1 2 2000 i EXECUTIVE SUMMARY PETITION VAC 00-017 TO VACATE THE COUNTY'S INTEREST IN A PARCEL OF LAND CONVEYED TO COLL1ER COUNTY AS A 15' WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 2678, PAGES 2563 THROUGH 2565. LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate the above-described 15' wide Utility Easement. CONSIDERATIONS: Petition VAC 00-017 has been received by the Planning Sen, ices Department from Coastal Engineering Consultants, as agent for the petitioner, Semper Development, requesting the vacation of the above-described 15' wide Utility Easement to accommodate proposed construction at the site. Letters of no objection have been received from Collier County Engineering Review Sen, ices and Collier County Public Utilities. In addition, the property owner has provided a letter of acknowledgment and approval. Zoning is C-3. FISCAL IMPACT: Planning Sereices has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of Count>, Commissioners: 1. Adopt the Resolution for Petition VAC 00-017 for the vacation of the above-described 15' wide Utility' 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 file Official Records. PREPARED BY: _UZ, ~.~' ~ ~__.~ Rick Grigg, P.S.M. Planning Services REVIEWED BY: ..~' Thomas E. Kuck, P.E. E,~g~neenng Review Manager Planning Services Deparmaent Director APPROVED BY: ~'~r~(L_~_ , ~*4~r;~,,_( '., Joti*i M. Dtmnuck, II1, Interim Administrator COnmnmity Development & Environmental Senqces DATE:_LT-_-/--o~5 ._ DATE: DATE: DATE: DEC 1 2 2000 1 4 5 7 8 9 10 I1 12 14 15 16 1-7 18 19 20 21 24 25 26 28 29 3O 31 34 RESOLI'TION NO. 2000- RESOI~UTION FOR PETITION VAC 00-017 TO \ACATE TIlE ('OI TNTT'S INTEREST IN A P:\RCEL OF I,AND CONVEYED TO 15' WIDE UTILITY EASEMENF. RECORDED IN ()F}:ICIAi, RE('ORI) BOOK 2678. PAGES 2563 THROUGH 2565. LOCATED IN SECTION 13. l'O\VNSItlP 5{} SOUTIE RANGE 25 EAST. COLIJE_R COUNTY, FLORIDA. \VHEREAS. pursuant to Sections 125.01, Florida Statutes. Coastal Engineering ('onsuhants as agent for the petmonet, Semper Development, does hereby request the vacation of the 15' w~dc ['.ti]ilx Easemen! recorded in Official Record Book 2678, Pages 2563 through 2565: and \VIIEREAS, lhc Board has this day held a public tnearing to consider vacating said l ililitv Easement. as more t'ulh' described below: and WHEREAS. the granting of ttnc vacation will not adversely affect tiao ownership or nglnl of convenient access of other property owners. NO\V. I'HEREFORE. BE IT RESOLVED BY THE BOARI) OE CO[..~-FT ('OMMISSIONERS OF COLLIER COt',N'I'Y. FLORIDA, tinat the following be and is hereby vacated: Se_e Exhibit "A" attached hereto and mco~T~orated herein. BE IT FURTHER RESOLVED. that the Clerk to fia¢ Board is hereby directed lo record a certified cop5' of fins Resolution m the Official Records of Collier County, Florida. l-his Resolution adopted after 111olion. second and nlajoril.v vote favoring same. DATED: ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk Approved as to form and legal sufi'iciency: Patrick G. White. Esq. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER ('O[ [NTY. FLORIDA James D. Carter? Ph.D.. Chairman I COASTAL ENGINEERING CONSULTANTS INC A CECIGROUPCOMPANY CECI Group Services Cwil Eng~r~eenng Survey & Mapping Coastal Engineering Real Estate Appraise" [ r~VF oY~rl3e,qt OJ Assessme Website: www.coostoJeng~neering cam EXHIBIT "A" 1 OF2 15' WIDE COUNTY UTILITY EASEMENT (TO BE VACATED) O.R. BOOK 2678, PAGES 2563-2565 DESCRIFrlON EXHIBIT "^" SHEET I OF 2 VAC 00- 017 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTION 13, TOWNSHIP 50 SOLrFH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLI/qE: COMMENCE AT MOST WESTERLY CORNER OF LOT 87 OF PINELAND-ON-THE-TRAIL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 60 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N38°55'44"W, FOR A DISTANCE OF 1.39 FEET, TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N 35 © 19' 24"E, FOR A DISTANCE OF 183.61 FEET; THENCE CONTINUE N35° 19'24"E, FOR A DISTANCE OF 24.03; THENCE RUN S35° 19'24"W, FOR A DISTANCE OF 24.03 FEET; THENCE RUN N51 °30'22"W, FOR A DISTANCE OF 48.63 FEET TO THE POINT OF TERMINATION; CONTAINING 3731.42 SQUARE FEET MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTHWESTERLY LINE OF LOT 87 OF PINELAND-ON-THE-TRAIL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 60 OF THE PUBLIC RECORDS OF COLLI]ER COUNTY, FLORIDA AS BEING S38o55'44"E. THE SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR SHORTENED TO A LINE WHICH RUNS N38°26'58"E TO THE POINT OF TERMINATION. CO~ ENGINEfi~:hkG CONSULTANTS, INC. FL~D~)~_~TI?N NO. LB 2464 Richard J. Ewing, V..P~"- ~ Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORiGINAL RAISED SE,a~L OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 00.153 DATE: ~ -g~-e>o 3106 S. Horseshoe Dnve, Naples. Florida 34104 · Phone (941) 643-2324 Fax (941)643-1143 - E-Mail:engcollierE¢cecifl,com NAPLES FORT MYERS SARASOTA LAKELAND 'DN] ~&q..rLgNOO D~N~ Tf,l,gYOD ° ; ~ .... ----4soao3]a Of'land 3~ ~ ';9;;-;9;; ;3:)vdl . 3Gz:3o~ S0;:d~ ,unun 301A~ .;L ONIJ~fX3 N~ j~ ~ Jo ~ EXHIBIT "A" SHEET 2 OF 2 VAC 00 - 017 DEC I~ 2oo~ PETITION I~)R~ FOR THE EX'I'IN~~ OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE I~I'R~ IN THE PUBLIC RECORI)6 (~ THA~ ON A SI.IBD~ON PLAT) ON PLATlED OR UI~I~TrED LAND, ItiXCEPT FOR PUBLIC ROADS ' I hereby autho~e for tb.ls petition.~ Signature of P~tlfioner Print fqame ~Y~ [2No Please see "Policy lad I%"ocedure for the Exttnituishmeut of Public Erasemerits IFy Separate hstrnmente for the list of supportive rostertab which must accompnny this petition, and deliver or matt to: O) (2) O) (4) Page4 of 4 Community Development & Environmental ServJce~ Division Planning Services Depm'tment 2800 North Horseshoe Dr. Naples, Florida 34104 HappHeant l~ a ~d tru~ Indlcl~e the nnme of beneficiaries. If applicant is a tarpotation other than a public corporation, Indicate the name Of officei'd and major stockhoide~ If applicant is a partnership, limited partnership or other bustuess entity, ladIcrc the name of List all other owners. I DEC ~2 2000 I Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners v ,q C_.. Trans Number Date i Post Date i Payment Slip Nbr 223427 ,09/26/2000 2:20:02 PM 109/26/2000 i MS 76245 SEMPER DEVELOPMENT New or Exist: N Payor · SEMPER DEV Fee Information Fe~3(~t~--I~escription : GL Account Amount Waived 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 $1000.00 Total $1000.00 Payments Payment Code ~ Account/Check Number Amount 'CHECK 17458 $1000.00 Memo: Check No. 7458 VAC 00-017 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 i Cashier/location: FROLOFF E / 1 User: SPANGLER T Collier County Board of County Commiss,oners CD-Plus for Windows 95/NT Print, DEC !:'., 2000 Qur,-05-OO 01:31P Collier County Public Wks ~ Tu folio Number t~ _ 2639345 OR: 2678 ?G: 2563 CO!IlS [~THOUIC! 4t~ fLOOi UTILITY EASEMENT THIS UTIUT¥ EASEMBNT, made ~ cnlo'~t Imo thi$~,.7~ ~y of Mme. ~, ~ PHIUP N, KEYS, Or. inc m t~ BOARD OF ~UN~ COMMI~!ON~ OF CO~IER ~UN~, FLORIDA. ~ ~ E~- ~ ~e ~ ~ of ~ CO~I~ ~UN~ WA~EWER DISTR!~. a ~liiK~ ~Mivisl~ of ~ ~c of ~, il~ ~n ~ ~, w~ ~llmg ~ i~ 3301 ~t T~m T~!. N~I~. FL ~ti6 O~ ~t ~ m~ of ~i~ ~ ~by ~wt~, ~y ~eys. gr~, b~g~ ~ ~lls unto Ihc ~ S~ ~~ LS ~OVED N~-H~AD ~RT%'. TO HAVE AND TO HOLD th~ same unio the Gemtee. toge~er wilh the right to enter upon said land, excavate. · %c~ and rtmovc n~eri~ls ind~llnll, bul not limited to sew~T lino and pipek q~j)unenam tt~mo or th~.'~nder tot the pur~ of conslnaclin~ ~nd nmtntaining UlJJtty 5oililia3 th,cP~on. IN W1TNE5~ 'WRE.REOk the Crm'llor executed these pte~ent$ on thc da7 aM )car first above wTiltcn P.O~ 2000 r ju~-05-00 01:31P Collier County Public Wks STATE OF FLORIDA COUNI'Y OF COLLIER T'hc fore~oin~ in. mineral wll ~knowled~ed before me I~i$ .".)'i dray of Mzrch, 20gO by PHILIP KEYES, Indivkt~Jly and ks .~x'ceglor Tn~t~, who produced & Platid~ driver lic~n~e ~.,~ [d,c~tificitiofi ~md dM I~C zn ozlh. P.03 06/05 '00 13:53 DEC 17__ 2000 CS:el 00, SOx~O 'bO'd DEC !2 2000 Rick Grigg, P.S.M. Collier County Development Services 2802 N. Horseshoe Dr. Naples, FL 34104 RE: Lakewood/U.S. 41 E. Walgreens site Dear Sir: As the record owner of the property' described on the attached Exhibit A, I acknowledge and approve the vacation and/or relocation of the county utility easement on my property. Sincerely, / ',, Kenneth N. Richman, Jr., Trustee WILSON · MILLER · BARTON · SeLL ~ PEEK, INC. Description of ~art of Section I~, mown'~hip EC South, Kange 25 Fast, Collier County, Florida Proposed Commercial Site For: ~lr. John Pulling All that part of Section ]3, TOW,~ShiD 50 South, Range 25 E~st. Collier County, Florida, being more particularly described as £ol]o~s; Comm0ncisg at the ~ntersection of th~ n~rtbc~ster]y riQbt-o£-w~V linc of U.S. 4l (Tamiami Trnil) with the sou[hca?tcr!y right-of-w~v line of Lakewood boulevard accor~ing to the plat nf La~:ewoo~ Unit ~;o. 1 as recorded in P.B, 12, pages 7-9, P,3¼l~c Records of ColliBr County. Florida! thence along th0.right-of-way line of said t'.S, ~1 {Tam!~mI Trail) thence leaving sal'J rJoht-qf-wav line, Smith 50'-59'-E9" :'lost ~99.00 feet to the southwesterly right-of-way )Jag of sa~d U.S. 4] thence along sald eight-of-way line, South 39'-0l'-1l~ East 45.94 feet to the POI~ OF DEGINNI[;G of the parcel herein thence continue a)onG ~aid right-of-way line South 39'-01'-!!" East 59.50 fcct to the north. fly r(ght-gf-way line 'of High!and Drive as shcwn or, the plat of Pineland-on-the-Trail, ".~. 3, page 6n, Public Records cf Collier County, Florida; thence along said line, South 39'-2~'-38' West 368.67 feet to.a . point on the northerly right-of-way line of Outer Drive as shown on the plat of I{eighland Villa, P.B. 5, page 2, Public Records of Collier County, Florida; thence ~long said lin~, northwesterly 36.35 feet along thn arc of a nnn-tang-ntial circular curve concave to the southwest through a central angle of 12'-20'-44' having a radius of · 170.55 feet an~ beJn~ su%.tended which bearr ~1orth 52'-2~'-1~" Wgst 36.68 fc~t to a point on said curve and the-easterly line of a temporary right-of-way 40 feet in width as described by Collier County and agreed upon August !l, lg~7? thenc~ along the easterly line in the following two ~2) described courses; ]) t;orth 38'-~5'-10" West 26.47 feet; 2) northw~stgrly and northerly 264.22 fe~t along the ar~ o~ a circular curve concave to the east through a central angle of 74'-!8'-56" having a radiu~ of ]2~.61 fe.t and subt~nd0d b,, a chord which be'at. North 1'-]5'-42' East 152.95 feet to a point of rovnrse curvature~ thence ].av{ng .aid ]in~, northeast{fly 155.S7 fcot along the arc of a non-tangent|a) c~rcular cDrve concave.to'the northwest through a central anglo of 13'-52'-02', having a radius of 64~.09 ~eet and being ~ubtcedef by a chord which bears 57'-54'-5]' East ~55.49 feet; thrace l:orth 5~'-58'-JQ' ~ast 95.20 feet~ thenc. northoa~terly, easterly and south~aster]v 3~.27 al~n~ the ace of ~ circular curve concave to the south, through a central angle of 90'-00'-00", having.a radius oE 25.00 f.eet and bn~C subten~-~ h,, a chord w~!c~ ~ea~s South ~'-Ol'-]O East 35.36 f~ut to th~ Point of Baginning o~ the Darcc! h~rein dc~cribed: (co~t~nunr'~ on pag~ ~,) i Rick Grigg, P.S.M. Collier County Development Services 2802 N. Horseshoe Dr. Naples, FL 34104 RE: Lakewood/U.S. 41 E. Walgreens site Dear Sir: As the record owner of the property described on the attached Exhibit A, I acknowledge and approve the vacation and/or relocation of the county utility easement on my property. Sincerely. ,., fi' ( /7 "':"; 5'," .i. ' ,'~' ' .,',~ ~'--" Philip N. Keyes, Trustde ,~ OEC !2 2000 EXHIBIT B Legal Description: Lots I & 87, Pineland-on-the-trail, and approximately 22,000 sq. ft. of vacated Highland Rd. Collier CounB', Florida. L~7 '1 TRACT 4 ." 83.." · " 82 ." 52. 5'1 : 49 48 47 46 45 44 43 42 4'1 40 39 38 ~} 37 S4) ~ t43.79 CINDY AVENUE 70 .' I:, 69 170.7~ MOHAWK PLACE ®1® I® i ~ic,,/@/@ IOq?l ' I"/' !" i" !'" I@1'~/" !v4 ,,4 MINDI AVENUE I ,DEC !2 2000 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY August 28, 2000 ~' ,,': _..-" --. Stan Chrzanowski, P.E. Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Proposed 15-foot wide County Utility Easement Vacation Walgreens at U.S. 41 and Avalon Drive CEC File No. 00.153 Dear Stan, Please review the attached sketch, legal description, boundary survey and proposed utility plan for the above described property. Upon review, please contact our office with any questions or concerns you may have regarding this easement. If acceptable, please sign below and return this correspondence to our office. Thank you in advance for your prompt attention to this matter. Sincerely, COfi'g'~L ENG/.~ERING, CONSULTANTS, INC. Vice President Attachments - Dedication of Easement to Collier County Water/Sewer District 8 1/2xl 1 Signed/Sealed Legal Description and Sketch of Easement to be vacated Proposed Walgreens Utility Plan 8 1/2x14 Boundary Survey SIGNATURE OF NO OBJECTION: I, Stan Chrzanowski, have reviewed the above and have no objection to the proposed vacation of the above referenced easement. Signature Date ......................... ---r)E¢ ! 2 2008 i 09/d5,.,_0~20 23:5~ ~417B225~? COLLIER COUNT',/ PAGE 02 COASTAL ENGINEERING ..?.-., CONSULTANTS A C£Cl GROUP COMPANY August 28, 2000 RECE.~vED ~$'IL~I'~ ~ CEP-;I I~ro~> $ervi¢~ Survey & Mapping C~stal Engineering ~1 Estate Approval ~'.co~tolen~lnebrlno co~ Joe Cheatham Wastewater Director Collier County Public Works 3301 Tamiami Trail East Naples, Florida 341 t2 Proposed 15-foot wide County Utility Ea~ment Vacation Walgreens at U.S. 41 and Avalon Drive CEC File No. 00.153 Please review the attached sketch, legal description, boundary survey and proposed utility plan for the above described property. Upon review, please contact our office with aziy questions or concerns you may have regarding this easement. If acceptable, please sign below and return this correspondence to our office. Thank you in advance for your prompt attention to this matter. Sincerely, CO~ CONSULTANTS, INC. Richard J. Ewing, PSM Vice President Attachments - Dedication of Easement to Collier County Water/Sewer District 8 1/2xl 1 Signed/Sealed Legal Description and Sketch of Easemere to be vacated Proposed Walgreens Utility Plan 8 1/2x14 Boundary Survey SIGNATURE OF NO OBJECTION: I, Joe Cheatham, have reviewed the above and have no objection to the proposed vacation of the above referenced easement. Date 3106 S, Hor5eaboe Drive, Naples, Fiefida 84104 - Phone (941) 643-2324 Fax (941) 643'1143 09/06 '00 08:37 EXECUTIVE SUMMARY PETITION SNR-2000-06,' COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REQUESTING A STREET NAME CHANGE FROM WEST AVENUE IN THE PINE RIDGE SUBDIVISION TO WEST STREET, LOCATED IN THE PINE RIDGE SUBDIVISION, PLAT BOOK 3, PAGE 51C AND PLAT BOOK 4, PAGE 24, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision to change the name of West Avenue located in the Pine Ridge Subdivision, Plat Book 4, Page 24, and Pine Ridge Extension, Plat Book 3, Page 51E, to West Street in the manner provided by Ordinance Number 99-76 in order to safeguard the public health, welfare and safety. CONSIDERATIONS: The name West Avenue appears in two Collier County platted subdivisions. West Avenue located in the Bonita Shores and Little Hickory Shores subdivision was the first recorded use of the name West Street (i.e. 2.5.52). Subsequently, on September 18, 1956 the name West Avenue was again recorded as part of the Pine Ridge subdivisions. Ordinance Number 99-76 authorizes the Board of Commissioners to change the name of duplicated name streets following an advertised public hearing. Assistant Chief Kenneth Rodgers has requested the elimination of this duplicate name because of inherent public safety and welfare concerns. He cites three recent occasions when emergency calls were dispatched to the wrong West Avenue. The problem is further compounded because both West Avenues are in the same Fire District. Planning Services staff attended a meeting of the Pine Ridge Subdivision Homeowners Association for the purpose of determining how best to resolve this problem. Three alternatives were proposed as follows: 1) 2) Change the name West Avenue to an entirely different name leaving addresses the same. Retain the name West Avenue, but replace the addresses with four digit addresses. Emergency Services data recording systems can geographically deal with similar street names by the number of digits that make up the addresses. OEC 2000 3) Change the name West Avenue to West Street leaving current addresses intact. The Homeowner's Association elected to change the suffix of the name to West Street. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR, changing the name of West Avenue in the Pine Ridge Subdivision to West Street. EAC RECOMMENDATION: The EAC does not review street name change petitions. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. PREPARED BYe: RONALD F.'.~I~, v AICP CURRENT PLANNING MANAGER REVIEWED BY: DATE RO~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOHN~M. DUNNUCK, INTERIM ADMIN., COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE gadrain ~,NR-2 (0- ( RN m~ OEC ~? 2000 I Date: January 28, 2000 N ple Fir Control & Rescue FIRE PREVENTION BUREAU ', 1780 Immokalee Road · Naples, Flodda 34110~ !~ (941) 597-9227 · Fax (941) 597-3522 To: Ron Nino/Current Planning 2800 North Horseshoe Drive Naples, FL 34104 Subj: Duplicate Street Names and Block Numbers Dear sir, We are having a problem with being dispatched to a call on West Avenue. The reason being is that we have two West Avenues with the same block numbers. One is in Pine Ridge in Naples and the other one is in Little Hickory in Bonita Shores. The new CAD system will not bring up two streets with the same names and block numbers. I am suggesting that we have the West Avenue in Little Hickory in Bonita Shores change since there are only 6 addresses at this time on this street. Please let me know what your feelings are on this matter. We need to do something as soon as possible. In the past two weeks we have had three calls and were dispatched to the wrong West Avenue. Someone is going to die due to this problem if we do not get it corrected. Sincerely, Kenneth W. Ro~tgers, Assistant Chief North Naples Fire Control and Rescue District DEC i? 2000 i EXECUTIVE SUMMARY AWARD BID # 00-3154 FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACTOR TO USL CITY ENVIRONMENTAL SERVICES OF FLORIDA, INC. OBJECTIVE: To collect, transport and properly dispose household generated hazardous waste received from Collier County residents, which will help ensure a safe environment. CONSIDERATION: Household hazardous waste generated in Collier County needs to be managed and disposed in a proper and safe manner. Based on an estimated annual quantity of hazardous waste to be collected, and a fixed cost assigned for the proper management and disposal of each type of waste collected, a bid package was prepared, in collaboration with the County Purchasing Department. Notices for the invitation to bid were sent to 50 firms. A pre-bid conference was held on October 13, 2000, with one firm attending. On the due date for the bid submittal, October 25, 2000, the Purchasing Department opened the only bid received. The total base bid received is from: USL City Environmental Services of Florida, Inc. in the amount oE $133,804.00 FISCAL IMPACT: The cost of this Contract is $133,804.00 and is budgeted and available within the Pollution Control Department. GROWTH MANAGEMENT IMPACT: The approval of this contract will enable staff to meet with Objective 9.3 and Policy 9.3.1 of the Conservation and Coastal Management Element of the Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid # 00- 3154, for Household Hazardous Waste Collection Contractor to USL City Environmental Services of Florida, Inc. in the amount of $133,804.00, and that the Chairman be authorized to sign the "Standard County Attorney Approved Contract" on behalf of the Board. AGENDA ITEM DEC 12 I _ REQUESTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: y . 'h, 'g ' Pollution Control & Prevention Department -St~p~!~ Yi C~t/ne!l, Purchasing Director Purchasing Department G. George Yilmaz, Ph.D, P.m., P.H., REP., Director Solid Waste Management Department /]John 1V~ D(~huck ]II, Interim Administrato-~- ~ ~Community Development and Environmental Services Division AGENDA ITEM Pg. ~, ,~ i ii DEC 1 2 2000 DEC 1 2 2000 DEC 1 2 2000 DEC ~2 2000 i II DEC 1 AGENDA ITEM DEC 1 2 2000 EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: To enhance fishedes habitat and increase re. creational opportunities in the waters of Collier County through the construction of artificial reefs. CONSIDERATION: On 12/14/99 the BCC authorized staff to submit an application for artificial reef construction. The Florida Fish and Wildlife Conservation Commission has offered Collier County a $25,000 grant for FY 00/01. The funds will be used to place material at an artificial reef site in Collier County. Staff currently plans to add matehal to the Clam Pass 2.5 mile site with the grant funds. FISCAL IMPACT: Staff budgeted $20,000 in the Artificial Reef cost center based on past.grant awards. This award is $5,000 more than anticipated. Staff will process a budget amendment to reflect the difference. The County also budgeted an additional $25,000 from boaters registration fees for the reef program ($20,000 for reef construction, $5,000 for buoy maintenance). With the grant award, staff plans to spend $45,000 for artificial reef construction in FY 00/01. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $25,000 Florida Fish and Wildlife Conservation Commission grant and approve the necessary budget amendments as outlined above. SUBMITTED Douglai~5~S .~ S~ni~ro~nental Specialist BY: ~ Date: BY: _~ Date: I! REVIEWED Wi!~i~ Di L°~: Jr' 4~' E~Di~ct~r' Natural Res°~ De~ment ~PROVED BY:~ Date: [ I Jo~M{pu~uck~tefim ~ministrator ' - - Commu~ ity Development & Enviromental Se~ices DEC 1 g 2000 I FWCC GRANT NO. 7 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES FLORIDA ARTIFICIAL REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant Building, Box MF-MFM, Tallahassee, Florida 32399-1600 (hereinafter referred to as the "Commission") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as the "Grantee"). Whereas, the Commission has received funds under a 2000-2001 grant (F42-Segment 15) from the U.S. Fish & Wildlife Service Federal Aid in Sport Fish Restoration Program (CFDA No. 15.605) in support of the Commission's marine artificial reef planning, assessment and development in Florida; and Whereas, Section 370.25, Florida Statutes, created an artificial reef program within the Commission to, in part., provide grants and technical assistance to eligible local coastal governments and nonprofit corporations for developing, monitoring, or evaluating saltwater artificial reefs; and Whereas, the Grantee is a local coastal government and qualifies to receive artificial reef grant funding in accordance with Section 370.25(1), Florida Statutes; and Whereas, the Grantee agrees to perform the services described herein, or hereinafter authorized upon the terms and conditions stated; and Therefore, in consideration of the mutual benefits to be derived herefrom, the Commission and the Grantee do hereby agree as follows: The Commission does hereby authorize the Grantee to perform the saltwater artificial reef project as defined herein and the Grantee does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and in6Orporated by reference. The Grantee shall perform the services in a proper and satisfactory manner as determined by the Commission. Any and all equipment, products, or matehals necessary to perform this Agreement shall be supplied by the Grantee or its subcontractor, unless otherwise specified herein. As consideration for the saltwater artificial reef project as described in Attachment A (Scope of Services), completed by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee a sum not to exceed $25~000 on a cost reimbursement basis. After completion of the project, the Grantee agrees to submit a single Request for Payment (Attachment B). The Grantee will provid documentation to the Commission's Project Manager within forty-five (45) days the Agreement. The Grantee's Project Manager shall certify, under penalties of p, provisions of this Agreement, through the submission of a Certification of (Attachment C). Said Certification of Completion Statement shall be submit Page I of 7 documentation. An itemized listing by category of all expenditures claimed ~1ong with supporting documentation for each amount is required. All itemized paid invoices/receipts clearly reflecting date(s) of service and submitted along with copies of canceled checks (or check numbers and certification of payment by the Grantee) for reimbursement shall, under this Agreement, be submitted in detail sufficient for a proper pre-audit and post-audit thereof, as required by the Commission. This Agreement shall become effective upon execution by both parties and end on June 30, 2001, inclusive. The saltwater artificial reef project described in Attachment A must be completed by the expiration date of this Agreement. In accordance with Section 287.058(2), Florida Statutes, for contractual services exceeding the amount provided in Section 287.017, Florida Statutes for Category Two, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. In the event the saltwater artificial reef project is not complete by the expiration date of the Agreement, the Commission will have the right to cancel its obligations of any and all financial assistance granted for the said saltwater artificial reef project. The Commission and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Commission for any obligation or expenditure after the expiration date of this Agreement. The State of Florida's performance and obligation to pay under this Agreement, if the Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the saltwater artificial reef project funds forwarded in the FCO Grants category. Pursuant to Section 215.422, Florida Statutes, the Commission's Project Manager shah have five (5) working days, unless bid specifications or this Agreement specifies otherwise, to inspect and approve a request for pa,vment upon receipt of a complete and accurate request for payment package. With the exception of pa~vments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a complete request for paymenI package is received and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obta'm the applicable interest rate, please contact the Commission's Fiscal Section at (850) 488~3323 or the Purchasing Office at (850) 488-3428. Payments made to health care providers for hospitals, medical, or other health care services, shall be made not more than thirty-five (35) days from the date of eligibility for payment is determined, and the daily interest rate is 0.03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800- 848-3792. In accordance with Section 287.134, Florida Statutes, an entiW or affiliate who has been placed on the discriminatory, vendor list may not submit a bid on a contract to provide any goods or services to a public onti~', may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Each party, hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes~ne Cnmm[~qia~, ,h~, have no liability except as specifically provided for in this Agreement.Ac,,~, ~Iroa The Commission may terminate th/s Agreement at any time in the event of failure any of its obligations under this Agreement. Prior to termination, the Commis Page 2 of 7 ~fthe Grantee, to_ fillfill ion [~ l~rgvi~J~e 10. 11. 12. 13. 14. Grantee written notification of any performance failures and the Grantee shall have'ten (10) calendar days, from receipt of notification, to consult with the Commission regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Commission may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the Grantee. Said notice shall speci~ the effective time and date of termination. Either the Commission or the Grantee may terminate this Agreement for convenience by providing a miramum often (10) days written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the Project Managers at the addresses set forth in paragraph 10. Any and all notices shall be delivered to the Project Managers at the following addresses: Commission: Jon Dodrill, Environmental Administrator Division of Marine Fisheries 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 Dodn. lj,Z~)~gfi:. state. fl. u s (850) 922-4340 (850) 922-0463 FAX Grantee: Douglas Suitor, Senior Environmental Specialist 3301 East Tamiami Trail Health and CommuniW Services Building, 3rd Floor Naples, Florida 34112 DougSuitor~Q~)~colliergove.net (941)732-2505 (941)774-8282 FAX Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. Effective July 1, 2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 216.3491, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the Grantee shall be required to comply with the audit requirements outlined in Attachment D, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of this Agreement. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three (3) years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The Grantee shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three (3) years from the date the audit reP9rt is issued, unless extended in writing by the Commission. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain an ba4~ records for audit purposes. ~~ The Grantee covenants that it presently has no interest and shall not acquire any conflict in any manner or degree with the performance of services required. Page 3 of 7 15. This Agreement has been delivered in the State of Florida and shall be construed :m accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,-but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. It is understood by the parlses that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy other available under the law. As consideration for this Agreement, the parties hereby waive any right to trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of, or in any way connected to, this Agreement. 16. No delay or failure to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default therealter. 17. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay anv taxes on goods or services purchased under the terms of this agreement. 18. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third part~ without the mutual written agreement of the parties hereto. 19. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of this Agreement. 20. .The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Commission's Project Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Commission and agrees to be responsible for the pa,vment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 21. To the extent required by law, the Grantee will either be self-insured for Worker's Compensation Claims, or will secure and maintain during the term of this Agreement, Workers' Compensation Insurance for all of Jts officers, employees, servants, and agents connected with this project. If any work is subcontracted, the Grantee shall require the subcontractor to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage Shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this Agreement is not prorated under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of those workers not otherwise protected. Insurance coverage obtained by the Grantee or any subcontractor obtained in compliance with this Agreement must be with an insurance company authorized by the Florida Department of Insurance to do business in Florida. Anv subcontractor for the Grantee shall be required by the Grantee to proo o ' prior to the initiation of any services under this Agreement. The subcontractor' certi~..~ancel or other assurance shall contain a provision that the insurance will not be canced for an5' reason except after thirty (30) days written notice to the Commission's Project Manager.O[~ 1 2 Page4 of 7 p,.-S I II I 22. 23. 24. 25. 26. 27. 28. 29. The Grantee warrants and represents that it possesses liability insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the Grantee's officers, volunteers, servants, and agents while acting within the scope of their work with the Grantee. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501 (c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. The Commission may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specification, method of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the dollar value or expiration date shall require formal amendment to this Agreement. Formal amendments to this Agreement require a written request from one of the Project Managers at least forty-five (45) days prior to the ending date of this Agreement. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the subcontractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall ensure that this limitation is provided in all subcontracts pertaining to work under this Agreement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The Grantee shall comply with all applicable federal, state, and local rules and regulations in providing services to the Commission under this Agreement, including the Federal Aid in Sport Fish Restoration Act, 16 United States Code 777, and rules adopted thereunder in 50 Code of Federal Regulations Part 80, and the applicable laws described in the federal grant to the Commission. A copy of the federal grant is available from the Commission. An enumeration of federal laws generally applicable to grants to States is attached (Attachment E). The Grantee shall comply with the general and special conditions specified in any permits issued by the U.S. Department of the Army, Corps of Engineers and/or the Department of Environmental Protection. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safeW rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. The Grantee agrees to follow all requirements of Section 287.057, Florida Statutes for the procurement of commodities or contractual services under this Agreement. Since this Agreement is $25,000 or less, the Grantee must send project bid specifications to a miramum of five (5) contractors and receive a minimum of two written quotes for the services. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the Grantee from the requirements of this Paragraph. The Grantee shall include Attachment A verbatim in the project bid specifi, specifications must be approved in writing in advance by the Commission's P public advertisement or distribution. Page 5 of 7 oject M-arTag~-~al~r~or to ! DEC 12 2?7? Pg. 30. 31. 32. 33. 34. 35. 36. The Grantee shall submit project bid specifications to the Commission's Project Manager for approval within ninety (90) days following the execution date of this Agreement, Any request to use a sole source vendor must be requested and justified in writing and approved by the Commission. A summary of the vendor replies and recommended subcontractor must be sent by the Grantee to the Commission's Project Manager for written approval prior to awarding of any subcontracts. The Grantee shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this Agreement. All such subcontracts shall be in writing. The Grantee agrees to acknowledge the role of funding from the Federal Aid in Sport Fish Restoration Program in any publicity related to this project. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspenderk proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction bv any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the Commission by the federal agency issuing the grant award. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibili~ and Voluntary Exclusion-Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment F. As required by paragraphs A and B above, the GRANTEE shall include the language of this section, and Attachment F in all lower tier agreements executed to support the GRANTEE's work under this Agreement. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall 0nly be valid when they have been reduced to writing duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 7 DEE 1 2 2000 I II IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, the day and year last x~-itten below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: By: (Grantee authorized Signatory*) Director, Division of Marine Fisheries or Designee (Print Signatory's Name and Title) Date: Date: (Address) (City, State, and Zip Code) (Federal Employer Identification Number) Grantee Reimbursement Check Remittance Address: (Address) (City, State, and Zip Code) Approved as to form and legality: ~i~'on A~orney *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the Grantee 'must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Attachment B Attachment C Attachment D Exhibit 1 Attachment E Attachment F Scope of Services Request for Payment Certification of Completion Statement Requirements of the Federal and Florida Single Audit Act_q Florida Single Audit Act. Federal Funds Awarded through th Federal Aid Compliance Requirements Certification regarding Debarment, Suspension, Ineligibilitv Exclusion Page 7 of 7 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY REEF DEVELOPMENT PROJECT 2000-2001 The Commission has awarded funds under this Agreement to complete the following saltwater artificial reef project elements, as outlined in the approved USFWS Federal Aid in Sport Fish Restoration grant for F42- Segment 15 under Project # 1, Task # 1, Activity #2. The objective of this activity is to construct two artificial patch reefs in state waters off Collier County, Florida for the purpose of: a) creating near shore reef fishing sites to benefit recreational marine anglers, particularly those with smaller boats, and b) providing long term reef fish habitat enhancement in an area where hard bottom is limited. The reef construction activity to be funded consists of the following elements: 1. Loading and transportation of at least 400 tons of clean precast secondary use concrete material or other concrete structures acceptable to the Commission. 2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured to allow for its safe transport to the reef construction site. 3. Deplo~vrnent of reef material. During the deployment of the concrete reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate and concentrated placement of the concrete patch reefs on the bottom. Material must be arranged to provide habitat complexi~. as well as provide sand bottom forage area oppommities. Individual reef materials cannot be widely scattered. Any machinery used to move and deploy the reef materials should be sufficicmtly powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated County observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The County observer reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety, of personnel and equipment, are not being met. All special and standard mariatee protection requirements described in the Army Corps of Engineers Permit 200000291 (IP-DY) for this reef site must be complied with. 4. Miscellaneous services associated with the reef project. Up to $1,500 of the available activity funding may be utilized for the following: a. Observation vessel rental, ifa vessel is needed to serve as the County Project Manager's observation and buoy deployment platform (up to $600 for each nine hour day). The designated observation~~ be equipped with a GPS unit, operating fathometer, and a VHF radio. ~t~ (~r~ b. Miscellaneous material purchases (buoys, lines, anchors, for temporary marking of re~ [ site °[~*a~J(,~l~-- to assist the subcontractor; navigation charts, film and/or video tape and their processing an du~)licatio, n^(u4x~^ to $300). ~3E[~ It Zuuu I II c. Post deployment dive assessment of the reefs to map/provide videography of material, onentafion and reliefi (Up to $600 for a written formal diving survey with videography). d. Advertisement of the activity in association with an invitation to bid. 5. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. DEPLOYMENT LOCATION OF REEF UNITS 6. The reef material will be approximately evenly divided to form two patch reefs, one in the northwest quadrant and the other in the northeast quadrants of the Doctor's Pass 4.5 Mile Reef. The permitted site is a square-shaped zone measuring 1,519 feet x 1,519 feet oriented norrth-south. The site encompasses 53 acres in state waters off Collier County. The permitted site is located about 4.3 nautical miles on a bearing of 316° from Doctor's Pass. Permit comer coordinates, and center coordinates are as follows: North Latitude West Longitude Depth Site Center 26° 13.500' 81 ° 52.130' 22-24 feet NE Corner 26° 13.626' 81 ° 51.996' SE Corner 26° 13.374' 81 ° 51.996' SW Corner 26° 13.374' 81 ° 52.272' NW Corner 26° 13.626' 81° 52.272' REEF DEPLOYMENT OVERSIGHT. The County's Contract Manager shall oversee the temporary marking of the reef deployment locations in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the patch reefs. The markers shall be colored buoys no less than 12 inches in diameter and sufficiently anchored so that they will not driR off the designated deployment site prior to deployment: The Commission will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift.position with time will also be important to insure the reef is constructed within the permitted area. 7. The County, s Project Manager or County employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs. 8. Both the County and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordinates of the reef site will also be in possession of the County observer and the subcontractor when on site. The County observer shall also be in.possession of a copy of the Army Corps permit for the area where the deployments are taking place. The County shall be responsible for insuring that all permit condition ~r,,,i~ ]& ~1~t~~ ~ with. 9. The County agrees to allow the Commission to conduct on-site inspections of the saltw~ 2 reef project before, during, and after the deployment. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 10. Upon initiation of the handling and movement of these artificial reefs by the County' s subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE 11. The County shall be reimbursed by the Commission in the form of a single final payment for all allowable costs incurred. under this Agreement following satisfactory completion of the project and submission of all required project close out documentation no later than forty-five (45) days after the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. PERFORMANCE 12. A Materials Placement Report shall be submitted to the Commission's Project Manager within 30 days offihld operations completion. The Matehals Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units oannot be obtained or are not known, barge displacement measurements are required. The County's Project Manager or County employed designee shall then record the waterline length, width and draf~ (to the nearest inch) of the loaded barge at all four (4) comers to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the County's Project Manager or County-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 13. Written or electronically transmitted progress reports must be sent to the Commission's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement, A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. 14. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. 3 REST OF PAGE INTENTIONALLY LEFT DEC 1 2 2000 I II i Grantee: ATTACHMENT B FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES BUREAU OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM REQUEST FOR PAYMENT Project Title: Grant Agreement: Billing Number: Billing Period: Amount of Funds Appropriated Amount of Reimbursement Requested Less Previous payments Amount of Funds Remaining CERTIFICATION: I certify that this billing is correct and just, and is based on actual obligation(s) of record by the project sponsor; that the work and/or other services are in accordance with the Fish and Wildlife Conservation Commission, Division of Marine Fisheries Grant Agreement (including any amendments thereto), and that the progress of the work and/or 'services are satisfactory and are consistent with the amount billed. Name of Individual with Signatory Authority ' (printed) Title Signature of Authorized Individual Approved for Payment by: Commission Project Manager Rev. 12/99 Date ATTACHMENT C FiSH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION STATEMENT representing (Printed Name and Title) (Name of Local Government or Not-For-Profit Corporation) do hereby certify under penalties of perjury per § 216.3491, Florida Statutes, that the artificial reef project funded by Grant Number FWCC - has been completed in compliance with all terms and conditions of said Grant Agreement. (Signature) (Date) Rev. 12/99 i II ATTACHMENT D REQUIREMENTS OF THE FEDERAL AND FLORIDA SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART !: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB CircularA-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted -in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid fro.m recipient funds obtained from other than Federal entities). PART I1: STATE FUNDED This part is applicable if the recipient is a non-State entity as defined by Section 216.3491(2)(I), Florida Statutes. In the event that the recipient expends a total amount of State awa assistance provided to the recipient to carry out a State project) equal to in any fiscal year of such recipient, the recipient must have a State singl for such fiscal year in accordance with Section 216.3491, Florida Statut, Executive Office of the Governor and the Comptroller, and Chapter 10 T ~r I General. EXHIBIT I to this agreement indicates State funds awarded through the Commission by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Commission except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 216.3491 (7), Flodda Statutes. This includes submission of a reporting package as defined by Section 216.3491 (2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). PART II1: OTHER AUDIT REQUIREMENTS None. PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Artificial Reef Program Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian St. Box MF-MFM Tallahassee, FL 32399-1600 Office of the Inspector General Attn: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building 620 South Meddian Street Tallahassee, Florida 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with S, (f), OMB Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient sh the reporting package described in Section .320 (c), OMB Circular A-133, a management letters issued by the auditor, to the Commission at each of the f( Artificial Reef Program Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Flodda 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 South Meridian Street Tallahassee, FL 32399-1600 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. Artificial Reef Program Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 B. Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 South Meridian Street Tallahassee, Florida 32399-1600 C. The Auditor General, s Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: Artificial Reef Program Environmental Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM -Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building 620 South Meridian Street Tallahassee, Florida 32399-1600 Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB CircularA-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. Recipients, when submitting audit reports to the Commission for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Audi~e~g.~,~' indicate the date that the audit report was delivered to the recipien in ----~ .~_ce accompanying the audit report. DEC 12 2000 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three years from the date the audit report is issued, unless extended in wdting by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK 4 AGENDA ITEM DEC 1 2 2000 i ii I EXHIBIT 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program Agency: Federal Agency: Federal Program: CFDA No.: Grantee: Amount: Florida Fish and Wildlife Conservation Commission U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration 15.605 Collier County Board of County Commissioners $25,000.000 STATE FUNDS AWARDED: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Proqram': 1. Funds under this agreement will be used to pay for preparation, loading, transportation and deployment of clean precast secondary use concrete material or other concrete structures acceptable to the Commission. Funding of miscellaneous associated expenses (see Scope of Services, Attachment A) is also authorized. 2. The County must comply with the requirements of applicable laws, rules, or regulations as outlined in Attachment E. 3. Funding eligibility and expenditure of funds is governed by s. 370.25 Florida Statutes. All provisions of this section must be complied with in order to receive funding under this Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 216.3491(5)(a), Florida Statutes, require that the information about Federal and State projects included in Exhibit 1 be provided to the recipient. ATTACh'NE. NT E FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS _State Grant Prqqran~ Part 5;~ Federal Alcl (;;Qmollance Reaulr~rn~_r~t~. Chapter1 Summary 523 FW 1.1 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all.inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program implementation Plan C. Requirements. (1) Grantees may not, on the basis of race, color, or national origin. select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. contained in this chapter. A, Nondiscrimination Requirements. Title VI of the Civil Rights Act of 1964 Section 504 ot the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 B, Environmental Requirements, Coastal Zone Management Act of 1972 Executive Order 11987, Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act of 1969 {NEPA) Floodplains and Wetlands Protection Animal Welfare Act of 1985 Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements, National Historic Preservation Act of 1966 D. Adminlstratl~'e Requirements. Uniform Rolocation Assistance and Real Property Acquisition Policies Act of 1970 Debarment and Suspension Drug-Free Workpiece Act of 1988 Restrictions on Lobbying {P.L, 101-121) 1,3 Title VI of the Civil Rights Act of 1964 (42 U.S,C. (2} Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid proiects and shall inform the public that the proiects are subject to Title VI compliance. {3) Though employment practices are not in themselves subiect to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U,S.C, 795) A, Summery, Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subje.cted to discrimination under any program or activity receiving Federal tinancial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project tacilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person A, Summary. Prohibits discrimination based on race, color, or national origin in any 'program or activity receiving Federal financial assistance.' B, References. (1) Regulations of the Department of the Interior (43 CFR Part 17) the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them t~_)minat'~=,=._~<~.~ ny Federal Aid project. AC_~A I'iF..~a_ _ 1.5 Age Discrimination ¢t DEC 12 2000 12/17192 FWM 061 New i ii I FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS ~tate Grqrl~ Prqgr rrl . Part 5~ Federal Ald Comollan~;:e Requirements. (;:hap~er 1 A. Summary, Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1,6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1881, at.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance, For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. 1.7 Coastal Zone Management Act of 1972 (16 U.S.C, 1451 at. seq.) A. Summary. The Act is intended to, 'preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone.,.' B. References. Regulations of the Department of Commerce (15 CFR 930). C. Requirements, Federal Aid projects, which would 'significantly affect the coastal zone' must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone f23 FW 1,,~ Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Executive Order 11987, Exotic Organisms. A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U.S.C, 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. B. Reference. Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitaL For projects which may affect an endangered or " threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is requ!red to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environment U.S.C. 4321-4347). EXECUTIVE SUMMARY RECOM]VIENDATION TO APPROVE COM]VIERCIAL EXCAVATION PERMIT NO. 59.770 "JIM WEEKS COMMERCIAL EXCAVATION, DESOTO BOULEVARD, U67 TR 147 ,LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH AND SOUTH BY VACANT LAND ZONED ESTATES, ON THE WEST BY DESOTO BOULEVARD, AND ON THE EAST BY VACANT LAND ZONED AGRICULTURE OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, DeSoto Boulevard, Tr 147, U 67" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 2.86 acres (+/-) to a depth of 14(+/- ) feet. The resultant 46,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation should be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services has or will receive $1045.59 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $195.59 $ 1045.59 TOTAL FEES A security in the amount of $10,000 must be posted prior to permit issuance. computed at the time of permit issuance, but are estimated to be about $7000. Road impact fees will be GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: DEC i ~ 2000 I li i ENVIRONMENTAL ISSUES: There is a possibility that the City of Naples wellfield approximately one mile to the southwest may be substantially lowering dry season wa'~.er tables in this area. Lakes like this, that are not retention areas, buffer that impact by storing more water than an equivalent amount of ground would store. The lake will be excavated into sand, so no blasting will be necessary, and no penetration of confining layers will happen. The petitioner requested a depth of 14 fl. Staff is recommending that the petitioner excavate to 20 fi if possible without blasting to maintain water in the lake during the dry season. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required. PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.770 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, DeSoto Boulevard,U 67, TR 147" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. 3. Dewatering is not allowed. 4. No blasting will be permitted. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall'be done prior to that site visit. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. No Excavation Permit shall be issued until all impact fees have been paid, 2 DEC 1 2000 PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: Jq~, N M. DUNNUCK, INTERIM ADMINISTRATOR C~MMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/I-I/EAB Exec. Summ. DATE 3 DEC 1 2 2000 i il I DEC 1 2 2~ -n C CATEGORY: COLLIER COUNTY A~P!~!CAT]ON FOR EXCAVATION PERMIT ORDINANCE NO, 92--73 DEVELOP~ NONREFDNDABLE APPLICATION REVIEW FEE: PRIVATE ($85.00). (ss5o.oo) DEVELOPMENT ($125.00) RECEIFF NO. RECEIPT NO. 2. 3. 4. 6. 7. 8. 10. 11. 12. Y/co Location of Excavation: Section '~ I , Townsh/p f,~2" S., Range Z Any Right-of-Way ~asemenls Across Land Which Would be Affected (Public or Private) Yes ~ No 2~ If yes, show on survey. Eo Intended Use of Material to be Excavated Proposed Excavation Size: ?g D m: / The following information is to be subm/tl~ with ~pplioation: (a) Fecg Quantity: ~'F6 5 C.Y. · Atmchmont "A" prepared by a surveyor or ea~vineer registered in the Stalz of Florida showing all infmmafion required in Section 3.5.6 of Ordimmce. Co) Attachment ~B" - List of names a~i addresses of nearby property owners as required by Section 3.5.6.1.3.4 of the Ordinance, for c~ applications. (¢) Attac!~mt "C" - Evidence provided by applicant relating to Section 3.5.5.4.5 of the Ordinance. I have rend Ordinnnce No. 92-73, Division 3.5 and al/ree to conduct the exc~ Si~ne of~p~ Owner*/Agent**/F~cav~tor** ' *a) b) c) If owner is land trust, so indicate and name benefioiaries. -- If owner is corporation other than public corporation, so indicate and name officers and major stockholders. If owner is parmership, limited parmership or other business entity, so indicate and name principals. If the application is made by any person or firm other than the owner of the property involved, a COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a stunmary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy track loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two i ii I Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Go Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two A~ENJ~ DEC 1 2 2000 T"-'-'-T I i ii I EXECUTIVE SUMMARY APPROVE FIRST AMENDMENT TO CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIAONE ENTERPRISES OBJECTIVE: To amend the MediaOne cable television franchise agreement to reflect agreements reached with MediaOne and proposed transferee, Comcast Cablevision, prior to Board approval of said transfer. CONSIDERATIONS: Staff has met on several occasions with representatives of MediaOne, Comcast, and Pelican Bay Homeowners Association in an effort to resolve outstanding issues prior to the Board's consideration for approval of MediaOne's application for transfer of assets of its Cable Television Franchise to Comcast. Resolution of all outstanding issues are addressed in the proposed First Amendment to the MediaOne Cable Television Franchise Agreement, to include system upgrades, the inclusion of lntemet revenues in gross revenues subject to the 5% cable franchise fee paid to Collier County, and a commitment from the franchisee to front capital costs related to the County's planned Institutional Network. FISCAL IMPACT: There is no fiscal impact regarding this proposed amendment to the Cable Television Franchise Agreement. GROWTH MANAGEMENT IMPACT: There is no impact on Growth Management. RI~. COMMENDATION: Board adopt the attached proposed First Amendment to the MediaOne Cable Franchise Agreement prior to considering MediaOne's application for transfer of assets of its Cable Franchise to Comcast. REVIEWED BY: /~~~-'~-~ Date: //"- 2 ~-c-~O D:E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION 7o? ~.j?~d,,r.f~)¢ DEC 1 2000 ..._~PO. ,_.. / APPROVED BY: JO~ M. D~CK III, INTERIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DEC I ~ 2000 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.3 34 35 36 37 38 39 40 41 42 FIRST AMENDMENT TO MEDIAONE CABLE TELEVISION FRANCHISE AGREEMENT 1. This Agreement (hereinafter the "Agreement) is the First Amendment to a Cable Television Franchise Agreement ("the Franchise Agreement") previously entered into by County and Transferor effective on August 5, 1997. This Agreement is executed on this __ day of ,2000 (the "Effective Date"), by and between Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County" or "Grantor") and MediaOne Enterprises, Inc., a Rhode Island Corporation (hereinafter either "Grantee" or "Transferor"). This Agreement shall not apply to the Transferee unless and until there is a closing of the transaction with AT&T as contemplated in the Exchange Agreement (as hereinafter defined). 2. This Agreement shall be effective upon the signing of the Chairman of the County's Board of County Commissioners. Unless extended by mutual agreement of the parties, the term of the Franchise remains as fifteen (15) years from August 5, 1997, concluding on August 4, 2012. 3. Grantee has continued to operate the subject cable television system in Collier County, Florida, substantially in accord with the terms of the Franchise Agreement. 4. AT&T Corporation, the ultimate parent of Transferor ("ATT"), and Comcast Corporation ("Comcast") are parties to an Asset Exchange Agreement dated as of August 11, 2000 (the "Exchange Agreement"). The Exchange Agreement, among other things, provides for the transfer of the Grantee's Cable System and the Franchise Agreement, through a series of transactions, to Comcast Cablevision of the South, Inc., ("Transferee") at the closing of the transaction contemplated by the Exchange Agreement (collectively, the "Transfer"). The Franchise Agreement, as hereby amended, shall be binding on MediaOne and all successors and assigns of MediaOne, including Transferee and any and all subsequent assignees and/or transferees. 5. This Agreement is entered into pursuant to Chapter 30 of the Collier County Code of La.ws and Ordinances and applicable Florida and Federal Laws. 6. All provisions of the Franchise Agreement shall remain in full force and effect except to the extent expressly-amended by this Agreement. 7. A FCC Form 394 has been submitted to Collier County to request a assignment of the subject Franchise from the Transferor to Transferee. DEC 1 2 2000 I II I 1 2 3 4. 5 6 7 8 9 lO 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 8. The majority of Grantee's franchise area in unincorporated Collier County has been up-graded to a 750-megahertz one way active Cable System. Transferee agrees that no later than six (6) months after the closing of the transaction contemplated by the Exchange Agreement the Cable System in the unincorporated portion of Collier County, Florida, commonly referred to as "Pelican Bay" will be upgraded to a two-way 750-megahertz active Cable system at no cost to Pelican Bay. Pelican Bay is a party to a Bulk Service Agreement with Grantee that already grants to Grantee and its successors and assigns requisite access rights to install all requisite facilities in and/or over all needed rights-of-way. The Pelican Bay upgrade will not require any amendment to that Bulk Service Agreement. Moreover, so long as that community is a party to that Bulk Service Agreement, including amendments thereto and extension(s) thereof, the Pelican Bay areal shall be entitled to receive, at mutually agreed upon non-discriminatory rates, all new (additional) services that from time-to-time may be added to any geographic area in unincorporated Collier County adjacent to the Pelican Bay area. The Pelican Bay rates for such services shall not exceed generally available rates for those services in the Franchise area in unincorporated Collier County, that is served by 750 megahertz cable system. Transferee shall automatically be subject to this obligation upon the closing of the transaction contemplated by the Exchange Agreement. 9. Transferee also agrees that, no later than six (6) months after the close of the transaction contemplated by the Exchange Agreement, it will also offer digital cable television service to Subscribers throughout the Cable system, except with regard to the "Everglades Area" as specified in Section 12 of this Agreement. 10. There are other geographic areas within Grantee's franchise area in unincorporated Collier County that have not been up-graded to a 750-megahertz Cable System. These areas include Caribbean Mobile Home Park (359 subscribers), Foxmoor Phase III (36 subscribers), Chestnut Ridge (80 subscribers) and miscellaneous "audit addresses" (2,246 subscribers). Grantee asserts that before it will be able to upgrade each respective geographic area to 750-megahertz service, it must first acquire authorization to install facilities in (or over) the affected private rights-of-way. Grantee asserts that it has attempted to acquire authorization from many of the persons, who, or entities that, have the power and authority to grant or deny bulk service agreements to provide cable service in the respective private communities set forth in this Section 10. Grantee shall continue to attempt to negotiate to acquire the necessary authorizations and to use its best efforts to supply each such area with 750-megahertz service with digital AI~ ENDA ITE]11/~/.'1~ .-~ ~°' ~n)'l DEC ! g 2000 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 40 capabilities at non-discriminatory negotiated rates for those new services. Transferee shall do likewise subject to the closing of the transaction with AT&T as contemplated in the Exchange Agreement. 11. Transferee agrees that no later than eighteen (18) months after the close of the transaction contemplated by the Exchange Agreement, the Cable System throughout the franchise area in unincorporated Collier County, except as set forth in Section 12 of this Agreement, upgraded to a 750-megahertz one-way active Cable System by Grantee, shall be further upgraded to a 750-megahertz two-way active Cable System and that high speed modem service will be made available (offered to) to Subscribers served by 750-megahertz two-way active Cable System. 12. As of the date of this Agreement, Grantee's closest 750-megahertz infrastructure (the "Distribution Plant") is located approximately twenty (20) miles from that certain residential area of unincorporated Collier County known as the Chokoloskee Island complex (the "Everglades Area") that has approximately 691 Subscribers. Grantee and Transferee desire to be able to extend its 750- megahertz Cable System to the Everglades Area; however, due to the distance and lack of sufficient numbers of residential homes along the route from the Distribution Plant to the Everglades Area, it is not yet commercially practicable ("economically feasible") to construct such an extension. Grantee, Transferee and the Franchise Authority agree that for purposes of this Section 12, "commercial pradticability" shall be deemed to have automatically occurred when either (i) the number of homes per mile along the route from the Distribution Plant to the residential Everglades Area increases to an average of 20 homes per mile, or (ii) the Distribution Plant is extended to within one (1) mile of the nearest boundary of the residential Everglades Area, whichever shall occur first. This formula for "commercial practicability" does not apply to any other areas in the franchise area. Refer to Section 4.6 of the Franchise for generally applicable provisions regarding "commercial practicability." 13. In the event that the transaction contemplated by the Exchange Agreement does not close and the Transfer of the Cable System and the Franchise from Transferor to Transferee does not take place or becomes void, Grantee agrees that within six. (6) months after the Transfer does not occur or becomes void, Grantee shall (i) upgrade the System in "Pelican Bay" in accordance with Paragraph 8 of this Agreement, and throughout all other private communities accessed by public road rights-of-way in unincorporated Collier County to two-way 750 megahertz active system, and (ii) within said six (6) month period shall offer digital cable television service throughout the Cable System. Grantee further agrees tl: .o. DEC 1 2 2000 I II 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ---- 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 --- 40 later than eighteen (18) months after the transfer does not occur, or becomes void, Grantee shall (i) further upgrade the System throughout unincorporated Collier County to 750 megahertz two-way active service, and (ii) offer high speed cable modem service to all of its Subscribers served by the two-way active 750 MHz Cable System, except as set forth in Section 12 of this agreement.. 14. County's Institutional Network or I-Net System. Provided the transaction contemplated in the Exchange Agreement is closed, Section 13.1 of the Franchise Agreement shall be deleted in its entirety and shall be replaced with the following: "The County and Transferee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commercial communications by and between the County's owned or leased facilities is desirable. The County is planning to install an Institutional Network and the Institutional Network is expected to be inter-connected with the Collier County public school system. The Institutional Network is presently in a preliminary research and development stage. The County and Transferee recognize that although the rebuild of the Cable System is substantially completed in the County, there exists an opportunity to develop an Institutional Network through the lease of a portion of the Transferee's existing fiber optics, where available, or through the construction of additional fibers by the Transferee. Subject to closing of the transaction contemplated in the Exchange Agreement, Transferee and the County agree to work toward designing the subject Institutional Network. The County will either lease or purchase fiber facilities from Transferee. The County will work with Transferee in the mapping, designing and technical specifications of the subject Institutional Network. The construction and maintenance or lease of the Institutional Network will be governed by a separate agreement (or agreements) between the County and Transferee (i.e., fiber lease or purchase agreement or lease maintenance agreement) to be negotiated in good faith between the County and Transferee. In order to assist in the facilitation of the development of the subject Institutional Network, Transferee will front up to five hundred thousand dollars ($500,000) to be used by the County for the sole purpose of constructing the subject Institutional Network. The County will pay back to Transferee the actual costs (labor and material) of constructing the subject Institutional Network, plus interest at the County's then current cost of borrowing money. Such monies shall be repaid over the remaining term of the Franchise and pursuant to the negotiated agreement referred to hereinabove. 4 DEC 1 8 2000 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 40 15. Section 12.1.2 of the Franchise, regarding a one-time payment from MediaOne to the County is moot and has no further force and effect. 16. No Waiver of Constitutional Rights. Nothing in the Franchise Agreement or this Agreement is intended, nor shall be construed, that any party hereto has any intentions to waive any of its constitutional rights, including impairment of contract. 17. Notices to Comcast. Refer to Section 19 of the Franchise. If, as expected, -.the transaction contemplated in the Exchange Agreement closes, notice to Comcast shall be to the following addressee: General Manager Comcast 301 Tower Road Naples, Florida 34113 FAX Number: (941) 793-9604 With a copy to: Area Vice President Comcast Cable Television of Florida 5205 Fruitville Road Sarasota, Florida 34232 FAX Number: (941) 371-5097 And a copy to: Vice President, Government Affairs Comcast Cable Communications, Inc. 360 Interstate North Parkway, Suite 600 Atlanta, Georgia 30339 FAX Number: (678) 385-5101 18. Acceptance of Franchise by Transferee. Refer to Section 35 of the Franchise. Within thirty (30) days following the closing of the transaction contemplated in the Exchange Agreement, Transferee (Comcast) shall file with The Department of Franchise Administration a letter acknowledging that the closing on the Exchange Agreement has occurred. The letter shall be signed by an officer of Transferee who is authorized to do so. The signature of the officer shall be notarized. No. I tC t,~r, J r~ DEC 1 g 2000 5 Nov 28 O0 !2:33p Dave Spa11 inger- g41 .~71 $0~7 C01~C,~ST C,~LEVlSIO~ I 954-533-5000 1~oo7/ooa p.? ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COI.[_.IER COUNTY, FLORIDA BY: Deputy Clerk By: JAMES D, CARTER, PH.D , Ch~Jrmarl Approved as to form and legal sufficiency: Thoha~s C- Palmer, Assistant County Attorney MEDIAONE ENTERPRISF.~, INC. , a~m vice President and Generid Manager State of Flodda ) County of/3~t7~2) ... ) WITNESS: ... ~(~~ ",~--..- c/ Name of Witness /,~e foregoing instrument was acknowledged before me this .~j~/A day of who is personally known to me. 6 DEC 1 2 2000 11/28/2000 TI_~ 10:44 FAX 941 3?I 5097 COMCAST CABLEVISION ~009/009 Steve Dvoskin, Area Vice-President and General Mauagcr WITNESS: ~ Name .~ Name of Witness Statc of Florida ) County of ~.,-~o+c) The foregoing instrument was acknowledged before me this ~'~day of ~o0en,.l~r' ., 2000, by ~-te0e. ~o~'c~ who is p~rsonally known to me. ;Y Notary Public 0 - end - 7 AG EN GJ~-,ITEI~IA~ ! .o, DEC 1 2 2000 I II I EXECUTIVE SUMMARY APPROVE TRANSFER OF CABLE TELEVISION FRANCHISE FROM MEDIAONE ENTERPRISES, INCORPORATED, TO COMCAST CABLEVISION OF THE SOUTH, INCORPORATED OBJECTIVE: To obtain Board approval for the transfer of assets of its Cable Television Franchise from MediaOne Enterprises to Comcast Cablevision of the South. CONSIDERATIONS: MediaOne has met the minimum filing requirements of Ordinance 88-90 and the requirements of the Federal Communications Act of 1934, as amended, by filing its complete application for transfer of assets of its Cable Television Franchise to Comcast Cablevision of the South, as a result of a pending Asset Exchange Agreement. Pursuant to Federal Law, the Board, acting in its capacity of Franchising Authority for the unincorporated area of Collier County, must act on the application within 120 days of submittal, or consent to the application will be deemed to have be6n granted. The 120 day expiration date is December 28, 2000. Staff has met with representatives of MediaOne, Comcast, and Pelican Bay Homeowners Association in an effort to resolve outstanding issues regarding system upgrades, the inclusion oflntemet revenues in gross revenues subject the 5% franchise fee paid to Collier County, and a commitment to front capital costs for the County's planned Institutional Network. All outstanding issues have been resolved and are addressed in the First Amendment to the MediaOne Franchise Agreement. FISCAL IMPACT: On August 31, 2000, a nonrefundable application fee of $10,000 was received with the application and deposited in Fund 111 (Franchise Administration). GROWTH MANAGEMENT IMPACT: There is no impact on Growth Management. RECOMMENDATION: Board adopt the attached proposed Resolution to approve the transfer of assets of its Cable Television Franchise from MediaOne Enterprises to Comcast Corporation of the South. DEC 1 2 2000 I D. E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION APPROVED BY: M. DUNNUCK III, INTERIM ADMINIS~RA'TOR ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA IT.~I~ ~ DEC 1 ?., 2000 Comcast Cablevision of West Florida, inc. P.O. Box 1178 Sarasota, FL 34230 (941) 371-4444 November 27, 2000 Mr. Doug Essman, Cable Franchise Coordinator Collier County Govermnent Utility and Franchise Regulation Department Collier Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34104 Re: Agreement Regarding Franchise Fee on Cable Modem Services Dear Mr. Essman: This Letter embodies the agreement between Collier County, Florida and Comcast regarding the inclusion of cable modem service in the definition of "gross revenues" for the purposes of calculating the franchise fee to be paid to Collier County by Comcast. Comcast agrees to pay to the County franchise fees on its cable modem service throughout the term of the Franchise Agreement unless in accordance with applicable and Federal law controlling in Collier County, such cable modem service is determined and defined not to be a "Cable Service." We look forward to working with Collier County and to being the premiere cable services provider to the citizens of Collier County. Sincerely Y Steve Dvoskin Area Vice President, General Manager ..... AI3ENDA IIEM No. DEC 12 2000 P .i1 i 1 2 3 4 $ 6 ? 8 9 lO 11 12 13 14 15 16 1'7 18 19 2o 21 22 23 24 25 26 27 28 29 30 3t 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5g 59 60 61 RESOLUTION NO. 2000 - RESOLUTION OF COUNTY OF COLLIER, FLORIDA, APPROVING TRANSFER OF CABLE TELEVISION FRANCHISE FROM MEDIAONE TO COMCAST WHEREAS, MediaOne Enterprises, Inc. CFranchisee") owns, operates and maintains a cable television system (the "System") in the County of Collier, Florida pursuant to authorization from the Board of County Commissioners (the "Franchise Authority"), and the Franchise Agreement, dated August 5, 1997, as amended by the First Amendment to MediaOne Franchise Agreement, ("the Franchise") and Franchisee is the duly authorized holder of the Franchise; and WHEREAS, AT&T Corp., the ultimate parent of Franchisee ("AT&T"), and Comcast Corporation ("Comcast") are parties to an Asset Exchange Agreement dated as of August 11,2000 (the "Exchange Agreement"). The Exchange Agreement provides for the transfer of the System and the Franchise to Comcast Cablevision of the South, Inc. ("Transferee") at the closing of the transaction contemplated by the Exchange Agreement (collectively, the "Transfer"); and WHEREAS, Franchisee and Transferee have requested consent by the Franchise Authority to the Transfer in accordance with the requirements of the Franchise and Collier County Ordinance No. 88-90, as amended, and have filed a FCC Form 394 ("Transfer Application") with the Franchise Authority requesting consent to the Transfer; and WHEREAS, the Franchise Authorit5, has reviewed the Transfer Application, examined the legal, financial and technical qualificatiofis of Transferee, followed all required procedures in order to consider and act upon the Transfer Application, and considered the comments of all interested parties. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1. After Incorporating herein the foregoing recitals, and pursuant to County Ordinance No. 88-90 as amended by County Ordinance No. 96-15, including Subsection 30-42 (m)(1) of the Code of Laws and Ordinances, the Board of County Commissioners ("Franchise Authority") hereby consents to the applied-for Transfer, all in accordance with the terms of the Ordinance, and of the Franchise as now amended. SECTION 2. The Franchise Authority confirms that (a) the Franchise was properly granted or transferred to Franchisee; (b) the Franchise represents the entire understanding of the parties and Franchisee has no obligations to the Franchise Authority other than those specifically stated in the Franchise or otherwise required by law; (c) the Franchise is in full force and effect; and (d) since issues regarding delays in up-grading service throughout the Pelican Bay area are being amicably resolved, Franchisee appears to the Franchising Authority to be in compliance with provisions of the Franchise. Also given the amicable resolution of the upgrade delay issues, there is no presently existing- fact or circumstance known to the Franchise Authority which constitutes, or which could constitute, a material default or breach under the Franchise, or which would authorize the Franchise Authority to cancel or terminate the Transferee's rights thereunder, except upon the expiration of the full term of the Franchise. SECTION 3. Transferee may transfer the System and/or the Franchise, or control related thereto only to any entity then controlling Transferee, controlled by Transferee, or under common control with Transferee. This consent shall not be construed to constitute any waiver of any right the Franchise Authority or the Transferee has or may have under applicable law, including and not limited to the Ordinance or the Franchise Agreement, as amended. Further, this consent shall not prejudice either vart.y's rights with respect to enforcement, renewal or subsequent transfer of he 'cu~~f)~ Franchise and any future amendments thereto. ' DEC 1 2 2000 DCLIB02:375065-I - 1 ~ pg.___. 3 -- I II 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 44 45 46 47 48 49 50 51 52 SECTION 4. The Franchise Authority hereby consents to and approves the assignment, mortgage, pledge, or other encumbrance, if any, of the Franchise, the System, or assets relating thereto, as collateral for a loan. SECTION 5. This Resolution shall be deemed effective for purposes of the Transfer concurrently with the closing of the transaction contemplated by the Asset Exchange Agreement. Transferee shall within thirty (30) days thereafter notify the Franchising Authority that the closing has been completed and that said Transferee is thereafter bound by the Franchise Agreement, as amended. In the event the proposed transaction between Transferee and AT&T does not close on or before March 1, 2001, and provided that the provisions of the now existing Asset Exchange Agreement are not materially or substantially different from the provisions described in FCC Form 394 and exhibits thereto, the approval granted by this Resolution shall be null and void unless reinstated by the Franchise Authority, which reinstatement shall not be unreasonably withheld. SECTION 6. This Resolution shall have the force of a continuing agreement xvith Franchisee and Transferee, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Transferee. SECTION 7. Provided Transferee agrees to be responsible for all obligations and liabilities under the Franchise, and subject to Franchisee paying to the County in full all fees as then accrued up to the effective date of the closing, the Franchise Authority, effective automatically upon the closing of the transaction contemplated by the Asset Exchange Agreement, releases the Franchisee from all obligations and liabilities under the Franchise which accrue on and after said closing date. SECTION 8. The Franchise authority believes and hereby finds that it is in the interests of unincorporated Collier County and the residents of unincorporated Collier County to approve the subject Transfer Application, and, therefore, the transfer and control of the Franchise to Transferee, all as described in the Transfer Application, IS HEREBY APPROVED. SECTION 9. This Resolution shall be effective immediately upon adoption. Adopted this __ day of December 2000 after motion, second and majority vote in favor of adoption. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form and Legal sufficiency: Thclmas C. Palr~er, Assistant County Attorney DCLIB02:375065-1 -2- DEC 1 S 2000 i II I EXECUTIVE SUMMARY APPROVE JOINT AGREEMENT WITH THE CITY OF NAPLES AND THE SCHOOL BOARD REGARDING THE COUNTY'S, CITY'S, AND SCHOOL BOARD'S RESPECTIVE USE OF PUBLIC/EDUCATIONAL/GOVERNMENT (PEG) PROGRAMMING WITHIN THE CITY LIMITS AND THE UNINCORPORATED AREAS OF COLLIER COUNTY OBJECTIVE: To obtain approval of an agreement between the County, City of Naples, and the School Board regarding the respective use of PEG channels within the city limits and unincorporated Collier County. CONSIDERATIONS: MediaOne has agreed to provide the City of Naples its own dedicated government access channel for broadcasting within the City, while providing an additional channel to the County for the City's programming to be received in areas of unincorporated Collier County. The proposed agreement addresses the issue of multiple Public/Educational/Government (PEG) channels which provide programming across franchise authority boundaries, i.e., the County's exclusive franchise area and the City's exclusive area. Staff has found the terms of the Joint Agreement to be acceptable. Collier County's Channel 54, the School Board's Channel 76, and the City's channel will be available for viewing in both MediaOne franchise areas; the City of Naples and in most areas of unincorporated Collier County. The proposed Joint Agreement has been executed by the City and the School Board. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve the attached proposed Joint Agreement with the City of Naples and the School Board. AGEhJ~ .o. ?_~,[.t.¥,7 DEC 1 2 2000 I REVIEWED BY: I5OU(~E~'SMAlq, CABLE FRANCHISE COORDINAi'~,v, D~W~~ Date: LLACE, DIRECTOR UTILITY & FRANCHISE REGULATION APPROVED BY: J~qN M.'DUNNUC~,. III, INTERIM ADMINISTRATOR OOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AaENIp~, IT~-j~/~ DEC 1 2 2000 MedinaOne" This is Broadband. This is the way. July 30, 1999 Mr. Bill Harrison City of Naples 735 Eighth Street South Naples, Florida 34102 R.E: Resolution to Outstanding Access Concerns Dear Mr. Harrison: In an effort to resolve all outstanding issues between MediaOne and City of Naples, MediaOne wili offer the following terms as a means to address and resolve the concerns the City' has highlighted about access charmel dis~bution. At issue is availability of channel space on our system and the concern associated w/th establishing a precedent applicable to all goverrfing entities wfttfn our serx, ice area. Extending the reach of an access channel beyond the parameters of a franchised area and the specific terms of a franckisee agreement would create a'precedent and obligation tha~. MediaOne would not be able to meet. Therefore, MediaOne still can not offer an access channel that eraends beyond the boundaries of the franch/se area (in this case, incorporated CiD~' of Naples). However, we are able to offer the CiD' a 3'd access channel that car, be used, as deemed fit by the City., for an inter-local a~eement with any other £-'anch/se entiD~ within Collier CounD:. Pending success~l transfer of ownership proceedings, the activation of the 3rd access charmel is scheduled for Januaw 1, 2001. There will be a minimum requirement of original, non-commercial, non-dupticative programming (4 hours a day for eigh~ (8) consecutive weeks) that must be met. Failure to meet this m/n/mum requirement Mll result in the charmel being returned to the system operator (MediaOne or its successors). Wkh that said, the CiD' programming can be seen within the CourtD, and vice- versa. With the removal of school pro~amming on Channel 54 as a result of near completion of the 2~,pgrade, both the CiD' and Count5, have the opportunity to have all of their current expectations met utilizing the one channel. In fact, there w4!l be subs?~ntia! space left over for additionall programming. It is our opknion that this additional capaciD: may serve the Cid: and Counry's needs for man3' years to come without the need for the third channel. Tt~s would be best for all parties. However, this third channel will still be made available under the terms of this letter. 0~... "o. .'~ ,~ ~,)'7 DEC 1 2 2000 3Ol Tower Roa~ Navies, FL 34113-8074 tel / fax ," 941-793-1317 I II I If, for any reason, the City decides not to request the activation of the 3rd access charmel, please let us know', in writing, by October 1, 2000. This will give MediaOne enough time to change channel line-ups and rates, if necessary, before subscriber notifications are sent. MediaOne continues to value its relationship with the City of Naples. We are doing everything within our power to provide your residents with a valued product. However, given the value of channel space, we have to constantly evaluate our product to ensure that it is balanced between our contractual obligations and future needs. I doubt that this will ever change, but please remember that we ar~ both interested in the same important issue; and that is serving the needs of the comraunity to the best of our abilities. Thank you for your time. If you have any questions or need further information, please let me 'know. Sincerely', Gilbert Moncivaiz CorporaTe Affairs Manager AGEN IT ,' ' DEC 1 2 2000 JOINT AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA, THE CITY OF NAPLES, FLORIDA, AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY REGARDING USE OF ACCESS CHANNELS ON MEDIAONE CABLE SYSTEMS AND THE RESPONSIBILITY OF EACH FOR AN ACCESS CHANNEL This Agreement, is made and entered into this __ day of , 2000, pursuant to authority under applicable laws of Florida permitting interlocal or joint agreements between governmental units, by and between Collier County, Florida (hereinafter "County"), City of Naples, Florida 0~ereinafter "City"), and the District School Board of Collier County (hereinafter "School Board"). RECITALS WItEREAS, City and County are separate franchising authorities and have granted franch_ises to MediaOne, a cable sen, ice provider, to provide cable services; WHEREAS, the City franchise and the County franchise include provisions requiring MediaOne to make champels available for educational and governmental access programming; WHEREAS, the currcnt channels available for access programming throughout both the City and the County includes Channel 54 exclusively by the County, Channel 77 exclusively by the School Board and Channel 76 exclusively by the City; WHEREAS, City, County, and School Board each desire to have a separate access chamml to distribute programming throughout both City and County where MediaOne provides its services; WHEREAS, based upon confirmation by MediaOne to City and County (see Attachment A, a letter to the City from MediaOne), it is the understanding of City and County that MediaOne will provide a third access channel and will provide for distribution of programming on its cable systems tltroughout both the City and County three channels programmed by the City, County, and School Board; and WHEREAS, City, County, and School Board each acknowledgc that the use of an access channel by it is subject to the City and County franchises and also acknowledge that the channel that is designated to each by this Agreement will be subject to that entity's responsibility in terms of equipment, programming, funding, and liability with respect to programs carried on the MediaOne cable system on any such channel. NOW, THEREFORE, based upon the mutual convenants and premises provided herein and other valuable consideration, it is mutually agreed as follows: DEC 1 2 2000 PO. I II o Channel Designation. City, County, and School Board agree that Channel 54 shall be programmed at the direction of the County and subject to equipment, programming, funding, and progran~ming liability on the part of the County. Channel 76 shall be used by and programmed at the direction of City and subject to equipment, programming, and progranmfing liability on the part of the City. Channel 77 shall be used by and programmed at the direction of the School Board and subject to equipment, programming, funding, and programming liability on the part of the School Board. Time for Commencement. City, County, and School Board agree that they shall coordinate implementation of the use of the channels and shall provide notice to MediaOne with respect to the implementation. Rules Regarding Use of Access Channels. It shall be the responsibility of City, County, and School Board to establish rules regarding the use of the access channel it is responsible for with the understanding that the channel number designation or the authority with respect to the use of the access channels or the availability of the access channels shall be in accordance with the terms of the City and County franchises and other applicable law. Indemnification. The City, County, and School Board shall each hold harmless the other and defend each other, their agents and employees, from any and all claims or suits relating to programming on the access channel and it is responsible for. Notices. All notices between the City, County, and School Board shall be in writing and deemed duly served if mailed by registered or certified mail to the following address: City of Naples Attention: Cily Manager 735 Eighth Street South Naples. i:L 34102 Collier County Attention: County Manager Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 2 10. District School Board of Collier County Attention: Associate Superintendent/Operational Services 3710 Estey Avenue Naples, FL 34104 Independent Contractors. Each party hereto is an independent contractor. Nothing herein contained shall be construed as creating a partnership, joint venture or similar joint ownership or obligation between the City, County, and School Board, or any of their agents, representatives, or subcontractors. Termination. City, County, or School Board may at any time each cancel the responsibility any of them may have pursuant to this Agreement, without cause, by giving 30 days advance written notice of such termination to each of the others. In the event of termination by any party, the channel that is then vacated by such entity may, subject to requirements of MediaOne, be available for use by mutual agreement of the then remaining entities. Prohibition of Assignment. This Agreement is intended for the benefit of each entity a party hereto and none of the parties shall assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the others. Any such attempts shall be void ab initio. This Agreement shall become effective on the 1st day of Janua~, 2001, and remain effective until the termination date of the City and County franchises unless otherwise extended by mutual agreement and pursuant to either a renewal or extension of the franchises between the City and County and MediaOne. Amendments. This Agreement may only be ranended by the written mutual agreement of each of the entities a party to this Agreement. 3 CITY OF NAPLES, FLORIDA: Bonnie R. MacKenzie~ Attest: Tara A. Norman] Ci{y Clerk Appro~y: William P. Harrison, Assistant City Manager Approved as to form and legality: Beverly Grady, City Attorney District School Board of Collier County: B~rbara J. C~rch, Chair Attest: [~EC I 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORII)A By: JAMES D. CARTER, Ph.~l, Ct airman Approved as to form And legal sufficiency Thomas C. Palmer Assistant County Attorney DEC 1 2 2000 i ii I EXECUTIVE SUMMARY BOARD AUTHORIZATION FOR THE COUNTY ATTORNEY TO EXPAND SCOPE OF SERVICES OF RETAINED OUTSIDE LEGAL COUNSEL TO LOBBY FOR AMENDMENTS TO FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT BEFORE A FINAL DECISION IS MADE WHETHER TO FILE A LAWSUIT IN FEDERAL COURT TO CHALLENGE IMPLEMENTATION OF THAT ACT OBJECTIVE: To authorize to County Attorney to expand the scope of services of outside legal counsel to lobby the Florida Legislature on behalf of Collier County to attempt to have the subject Act amended before any decision is made whether to file a law suit in United States District Court to challenge and thereby attempt to overturn as being unconstitutional, Florida legislation implementing so-called "simplified taxes" on telecommunications services. CONSIDERATIONS: On October 24, 2000, the Board of County Commissioners authorized the County Attorney, in cooperation with the Utility and Franchise Regulation Department, to retain outside legal counsel to file a lawsuit in Federal Court to challenge Florida's so-called Communications Services Tax Simplification Act. A copy of the Executive Summary that authorized that action is attached. Staff has negotiated a retainer agreement with the law firm of Leibowitz & Associates, P.A., a law firm very experienced in this subject matter area. A copy of that Retained Agreement is attached. The Board's authorization of October 24, 2000, did not expressly include the possibility of outside counsel also lobbying the Florida Legislature on behalf of the County to have the Act amended in the County's interests. Outside counsel recommends that a lobbying effort be undertaken. The purpose of this request is to obtain express authorization from the Board whereby Staff can authorize our outside legal counsel to engage in such lobbying efforts on the County's behalf. FISCAL IMPACT: It is unknown what the fiscal impact of this request may be. Depending on the success (or lack thereof) of the County's lobbying efforts, possible amendments to the Act may render as moot some of the County's issues and thereby possibly save the total costs in the event a lawsuit is eventually filed by Collier County. In any event, it is not anticipated that the lobbying efforts should cost more than an additional $20,000, budgeted in Cable Franchise Administration, even if the lobbying efforts do not render as moot some of the issues. GROWTH MANAGEMENT IMPACT: There are no apparent impacts regarding growth management. RECOMMENDATION: That the Board authorize the County Attorney, in cooperation with the Utility and Franchise Regulation Department, to authorize outside special legal counsel to lobby on behalf of Collier County regarding the County's interests with regard to Florida's "Communications Services Tax Simplification Act." AGENDA ITEM NO. '~'~1)'0 DEC 1 2 Pg. I 2000 i PREPARED BY: REVIEWED BY: APPROVED BY: ,,~.~~D. E. ,,BLEU,, WALLACE, DIRECTCR UTILITY & FRANCHISE REGULATION THOMAS C. PALMER ASSISTANT COUNTY ATTORNEY JA]~iNiM. DUNNUCK, III, INTERIM STRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: //'/'"'~ uP'- ~/~ DATE: DEC I g ~000 BOARD AUTHORIZATION FOR TIlE COUNTY ATTORNEY TO RETAIN OUTSIDE LEGAL COUNSEL TO FILE A LAWSUIT IN FEDERAL COURT TO CHALLENGE IMPLEMENTATION OF FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT OBJECTIVE: To be authorized by the Board to retain outside legal counsel to file a law suit in United States District Court to challenge and attempt to overturn as being unconstitutional, Florida legislation implementing so-called "simplified taxes" telecommunications services. CONSIDERATIONS: Florida's so-called Communications Services Tax Simplification Act unanimously passed the House and Senate on May 4, 2000, one day before the end of the 2000 Florida Legislative Session. The Act became law as of July 1, 2000 without the Governor's signature. Review of the Act by the County Attorney's Office and an opinion from the County's outside special legal counsel with regard to these problematic telecommunications issues, seriously question the constitutionality of the Act based upon impairment of the County's cable television franchise agreement contract rights guaranteed by the Constitution of Florida and the Constitution of the United States, as well as apparent Federal preemption regarding cable television franchise fees and other telecommunications matters. There are also issues regarding unlawful delegation of authority. The written opinion from the County's special legal counsel on telecommunications, issued to the County Attorney's Office by attorneys within the Miami Office of the Law Firm of Becker and Poliakoff, P.A., is exempt from public disclosure under Florida's Public Records Law, having been prepared in anticipation of litigation. The Act combines State Sales Tax, State Gross Receipts Tax, Local Option Sales Tax, and Local Franchise Fees on telephone and cable entities by implementing a Telecommunications Flat Tax or so-called "simplified tax" to be administered by the Florida Department of Revenue in Tallahassee. Provisions of the "simplified tax" that are seriously problematic to Collier County relate to cable television franchise fees (5% of the cable company's gross revenues) paid to the County by its cable television franchisees, Time Warner and Media One. Each year the County collects approximately $1.5 Million in cable franchise fees from those cable franchisees. Notwithstanding promises from the Florida Legislature that the Act will be "revenue neutral" vis-a-vis all local govemments, the net revenue dollars that Collier County may be entitled to receive from its existing cable television franchisees appears to be materially jeopardized. 2.000 i ii I Provisions of the Act that, if implemented as of October 1, 2001, will apparently severely negatively impact the amount of franchise fee revenues Collier County will thereafter receive from its cable television providers. The gross revenues upon which five percent of the franchisee's fees are calculated cannot include revenue generated for Internet services, thereby reducing the amount of franchise fees received by Collier County. This issue also appears to be affected by a Federal judicial decision from the Portland, Oregon, area. Some experts predict that the gross revenues local cable television companies may receive in the future from Internet services could equal or even exceed their current gross revenues. Federal Law specifies that only a few sources of a cable television franchisee's revenues cannot be included in "gross revenues" with regard to calculating the gross revenues received by the respective Franchisee. The Act purports to take away from Collier County its rights to negotiate which revenue streams are to be included in the respective cable Franchisee's "gross revenues" and, thereby delete some important revenue streams. Cable franchise fees are not, and never have been, classified in law as "taxes." In accordance with the County's Cable Television Franchise Agreements, every three months such franchise fees are paid directly to Collier County by each of the County's three cable television franchisees. Nevertheless, the Act instructs each of the County's cable television franchisees to cease paying all cable franchise fees to the County, and, instead, send money to Florida's Department of Revenue in Tallahassee. FDOR shall decide how much of those monies will be returned to Collier County. Also, a so-called "administrative fee" will be taken off the top by FDOR, further reducing the County's net franchise fee revenue. Each cable franchisee is authorized to deduct from the cable franchise fees money for administering the taxes to be sent to Florida's Department of Revenue, further reducing the franchise fees that are to be received by the County. Other (confusing and ambiguous) provisions in the Act appear to place mandatory annual ceilings on the total amount of franchise fees that Collier County can charge each of its cable television franchisees. No such ceilings were agreed to by Collier County. The ceilings appear to severely reduce the annual amount of franchise fees that Collier County will be able to collect from each Franchisee. It is unclear (and it appears doubtful) whether those ceilings can be circumvented by operation of local taxing ordinances that are authorized by the Act. All money the County eventually recovers from Florida Department of Revenue will be delayed. Currently, the County receives its cable franchise fees every three months, paid to the County directly from each cable television Franchisee. No. DEC 1 g 21100 In order to be recover lost portions of the cable franchise fees, the County will be required to impose, by ordinance, a local tax on the cable Franchisees. Eve~ if the County imposes such local taxes, the fi'anchise fee revenues do not appear to be completely recoverable because of other limitations in the Act. Rights-of-way construction permit fees collected by Community Development & Environmental Services Division are to be off-set by a deduction from the cable franchise fees paid by each of the Franchisees, thereby further reducing the County's revenue stream from these franchise fees. Collier County will no longer have authority to audit any cable Franchisee's accounting records to ascertain whether the Franchisee has correctly accounted for all of the relevant "gross revenues." Earlier this year, a staff audit netted the County an approximately $50,000 in franchise fee underpayments because the Franchisee had under-accounted to the County for its relevant "gross revenues." In addition to impacting revenue, the legislation severely limits local governments' control and management of the pubic road fights-of-way and impedes many provisions of existing cable franchise agreements and related ordinances. This Act provides no advantage to Collier County vis-h-vis cable television franchise fees. In an effort to preserve Collier County's constitutional rights, plus rights under Federal Statutes, contract rights, property rights, and the current franchise fee revenue streams, Staff recommends that the Board authorize the County Attorney, in coordination with the County's Utility and Franchise Regulation Department, to retain outside legal counsel to file a lawsuit in Federal Court, possibly including (1) to obtain a preliminary injunction or other form of"stay" to prevent implementation of the Act, at least with regard to cable television franchise fees under existing Cable Television Franchise Agreements, (2) to challenge the constitutionality of the Act with regard to franchise fees, and (3) to challenge whether provisions of the Act intrude into the exclusive jurisdiction of the U.S. Government, including whether the Act can lawfully mandate what items Collier County can negotiate with its cable television franchisees regarding which revenue streams are to be included within the respective cable television provider's "gross revenues" beyond the limitations expressly provided for in the applicable Federal Statutes. Several Florida cities and counties are in touch with Collier County with regard to these issues and the possibility of this lawsuit. One, two, or more Florida local governments may elect to join with Collier County as co-parties to the lawsuit. Collier County will work with all such other potential co-parties, including the possibility of sharing expenses. The City of St. Petersburg is planning to very soon file its own lawsuit regarding these and possibly many other, similar issues. Collier County may possibly join the City of St. Petersburg as a co-plaintiff in its planned lawsuit. Many decisions must be made upon further analysis. No. I lJ' ( t't.) l ~ DEC 1 ~ 2000 FISCAL IMPACT: Legal fees and costs to complete this lawsuit are difficult to predict. Depending on many unknowns, and not knowing to what extent other local governments may share in such fees and costs, it appears possible that Collier County's expenses could be less than $20,000 or more than $100,000. If this request is approved, a budget amendment will be submitted to fund legal expenses from General Fund 111 Reserves. GROWTH MANAGEMENT IMPACT: There are no clear, apparent impacts regarding growth management. RECOMMENDATION: That the Board authorize the County Attomey, in cooperation with the Utility and Franchise Regulation Department, to retain outside special legal counsel to file a lawsuit in Federal Court to, among other things, challenge whether Florida's new, so-called "Communications Services Tax Simplification Act" unconstitutionally impairs valuable contract rights contained in the County's existing cable television franchise agreements, whether the Act intrudes into many matters that may be within the exclusive jujS~diction of the U.S. Government, and whether the Act unlawfully delegates author/~ PREPARED BY: /{.../~'~ DATE:/F_.~ ~/d~ - ~,)~ D. E. "BLEU" WALLACE, DIRECTOR REVIEWED BY: UTILITY & FRANCHISE REGULATION THOMAS C. PALMER ASSISTANT COUNTY ATTORNEY DATE: APPROVED BY: JOHN M. DUNNUCK, III, INTERIM ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DEC 1 8 20011 Nov-Z~~ZOO00~:ZOam From-LIEI~OWITZ & A$$0¢, +3055309417 T-3g3 P.OOZ/005 LEGAL SER~CES AG~E~NT .~ ~S LE~ SEKVICES A~E~T m~e ~d endred ~to ~s ~ day 'of November, 2000, by ~d b~een ~e Bored of Co~w Co~ssiomrs of Colli~ Co,w, ~re~ refe~ed ~ m ~e "Boad" ~or "Co~w"), ~d ~e Law F~ of LE~O~TZ ASSOC~S, P.A., ~erein~ relied to as ~'Co~eI"). The p~es hello mutably a~ee ~ follows: 1. Co~el is h~eby reded by ~e Bo~d ~ represem md ~sist ~e Co~w relating to ~e Co~W's issues reg~d!ng Flofi~'s Co~ca~om Se~ces T~ S~plifi~a~on Act 2. Com~sel, ~ coordination wi~ ~e Co~W Au0m~, ~lating to ~e Co~W's ~ reg~d to the ACT, is ~o pr~e M1 legal rese~ dockend, co~espondenee, co~ea~o~, etc., ~d a~end negotiation mee~gs, se~emenz commences, eo~ beings ~d, possibly, ~ ~ a U~d States Dis~et Co~. 3. Colr~ Co~W Fr~e~se A&i~a~on hereby ~ees to pay Co~sei's a~omeys ~ eompemation for legal s~ces at a blen&d rate of $200.00 per ho~. Lesser ho~ly rates applicable for legM s~s m ~e Co~w rendered by Coumei's law clerks ~d legM ~sis~ts. Invoices to ~e Co~W for legM semites rendered shall be itemized ~d shM1 s~ fo~ the auomey or p~eg~, subject of~e c~ge, ~e ~ime applicable ~o ~e c~ge ~ ~e ra~e per ho~. 4. The Co~W ~e~ to re~b~se Co~el for ~1 our-of-pocket expenses/producfxon costs dkectly relazed ~o ~si~ed wor~ ~cl~ding ~e re~nfion ~d u~l~afi0n of retgined ~ prior p~ssion of ~ Co~ty AU~mey. ~e ~e of a m~plier for ~hese e~pe~es/produefion eos~ ~ not be p~d by ~e. Co~w. T~icfl ~b~able e~emes but ~e not ~ted m, ~e meMs ~d ~avel ~e~es ~c~ed when~avel~g ou~ide of Mi~i-Dade CounW on behalf of ~e Co~ty, iden~mble doe~mented ~ express ah~ges, p~fing ~d h~d- delive~ costs, eo~i~a~on costs, identifiable doe~xed reprodue~o~ eo~, specifl computer expenses, if~y, not applicable ~ gene~ overhea~ ffi~g fees, ~ co~ report fees. Photocopies ~e to be bi~ed at ~e ra~ not to exceed ~W-f~ve cents (S0.25) p~ copy, ~d f~s~le ~s~ssions ~e to be b~led al a rate nox m exceed $2.00 p~ page. ~l re~sls for re~b~seable Page 1 of 4 DEC 1 2 2000 I il Nov-~;-,eOO00;:~lam From-LIEBOWITZ & ASSOC, +305630941? T-393 P.003/005 F-388 expenses should be supported by appropriate documemation. The Counw will reimburse per diem and ~ravel expenses in accordmace with Section 112.061, Florida Statutes, entitled per Dier~ an..d Traye] EXpenses of Public Officem Emplo~ee,~ and _Au_thoHzed Persons. as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $0.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $3.00 Lunch - $6.00 Dinner - $12.00 In the event that the CounlS, does not pay an invoice within thi~y ($0) days, the County shall J pay late payment interest of one percent per month (compounded monthly) in accordance with Part VII of Chapter 218, Florida Statutes. 5. . Counsel shall havc and maintain pro.fessional liability insura~ce. Coverageshallhave minimum limits of $3,000,000 Per Ocaurrence,. Combined Single Limits. If any liability insurance obtained by Counsel m comply with the insurance requirements contained herein is issued on a "claims made" form ,as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 6. Counsel shall protect, defend, indemnify, 'and hold the Board and its officers, employees, and agents harraless from and against any mad all losses, penalties, damages, professional fees, including attorney fees and all corn of litigation andjudgrnents arising out of any negligent acts or e~zer or omissions of Counsel, wrongful act of its employees, arish~g out of or incidental to the performance of this Agreement or work performed hereunder. The parties agree that one percorn (1%) of the ~otal compensation to Cottasol for performance of services authorized by this Agreement shall be deemed to be consideration for Counsel's indemnification of the County. 7. Counsel agrees to obtain and pay for all permits and licenses, if any, necessary for the conduct of its services under this Agreement., and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall comply C:~C.~l=~2UOO~Collie~eem,nl$~¢ain~ fro= Count/1120.wpd Page 2 of 4 DEC 1 2 2000 ..... ~ r'r ~ r Nov-ZB-ZOO00fi:Zlam From-LIEBOWIT~ & A$$0C,+305530ft417T-3fl3 13.004/005 F-3118 with all rules, regulations and laws of Collier County, the State of Florida, or U.S. Governmere now in force or hereafter adopted. It is mutually agreed between the parties that all suthoriz~tion for legal services shall originate with th~ County A~tomey in consultation with Collier Couuty Franchise Adrn'mistradon. Either party may terminate this Agrem.nem withore cause with a minimum of thirty (30) days wriuen notice to zl~e other party. Cotmsel w/11 not tem~rmte its services under this Agreement wideout giving prior written no~ice to the County Attorney, suggesting ¢mploym~m of ethe~' Counsel, allowing reasonable time to employ other Co~el, delivering all papers and property ~:o the County Attorney which the County is entitled to and which Counsel is obligated to deliver, and cooperating with Counsel, if any, subsequently retained, to ensure that the County' s interests will not be prejudiced by the discontinuance of services. £fnecessary, Counsel may ¢mploy collection services to ensure payment of overdue invoices, wh/ch shall be litigated in the appropriate Stats of Florida Court having subject matter j~wisdicdon; venue shall be in Miami-Dade County. The parties shall deal xvkh e~h other in good faith at all times relevant m this Agreement, including durh~g the thL~ty (30) day period after any notice of intern to tea'mate has been given. The County reserves the fight to tm'minate this Agreement immediately, for cause, upon written notice to Counsel. 10. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have eadh, respectively, by an authorized ... person or agent, hereunder set fl~eir hands and seals on the date and year first above written. WITNESSES: (Printed Wireess Signature) (Primed Wireess Signau.u:e) LEIBOWITZ & ASSOCIA~ from ,~_0.,~ Paso 3 of 4 AGEN~ .o. DEC I 2 2000 i II I DAVID C. WEIGEL, COUNTY ATTORNEY Approved As to form and Legal sufficiency: Thomas C. Palmer. Assistant County Attorney Page 4 of 4 AGENDA iTEM .o. DEC i ~ 2000 pg_. .//0 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "QUAIL WEST PHASE III, UNIT ONE" OBJECTIVE: To grant final acceptance of "Quail West Phase III, Unit One" CONSIDERATIONS: On. April 15, 1999, the Board of County Commissioners.granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail West Phase III, Unit One" o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the p~oject's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance ~ith the Land Development'Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None DEC 1 Executive Summary Quail West Phase III, Unit One Page 2 RE COMMENDAT I ON: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail West Phase III, Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Tho~-as E.' Kuck, P.E. -- Engineering Review Manager Robe~ICP - Pl'anning Services Department Director APPROVED BY: John ~.. Dunnuck III, Interim Administrator Community Der. and Environmental Svcs. Date Date Date j rh DEC 12 2000 AGENDA ITEM ~/~ (~ 1/ ,OEC 12 2000 I il 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 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 00- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUAIL WEST PHASE III, UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 1, 1998 approved the plat of Quail West Phase III, Unit One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County ordinance No. 97-17), and WHEREAS, the developer has now requesied final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Quail West Phase III, Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County acc~ot the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PH.D, CHAIR. MAN Approved as to form and legal _su~ ~ciency: '.,i'~'~' ,, Patrick G. White Assistant Collier County Attorney // DEC 1 2 2000 EXECUTIVE S UMN. ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MONTREUX AT FIDDLER'S CREEK", 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 "Montreux at Fiddler's Creek", a subdivision of lands located in Section 14 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for .approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Montreux at Fiddler's Creek" 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 "Montreux at Fiddler's Creek" be approved for recording. of FISCAL IMPACT: The project cost is $392,197.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $171,568.00 - $220,629.00 The Security amount, equal to 110% of the project cost, is $431,416.70 DEC 12 2000 Executive Summary Montreux at Fiddler's Creek 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: $7715.18 Fees are based on a construction estimate of $392,197.00 and were paid in September, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 489.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 857.84 Drainage, Paving, Grading (.42% const. est.)- $ 926.64 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $2573.52 Drainage, - $2868.18 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no outstanding environmental There are no historical or That the Board of County Commissioners approve the Final Plat of "Montreux at Fiddler's Creek" for recording with the following stipulations: Approve the amount of $431,416.70 as performance security for the required improvements. 2000 Executive Summary Montreux at Fiddler's Creek Page 3 o Approve the standard form Construction and Agreement, 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. PREPARED BY: John R. Hou~ldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro~e, AICP Planning Services Department Director APPROVED BY: Date D~te' Date Date j rh DEC 12 2000 i COLLIER %, GULF OF MEXICO N 1. O CA TION I,~A P ",v. ~. s. ' DE~ 12 2000 i {J { EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SATURNIA LAKES PLAT ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Saturnia Lakes Plat One", a subdivision of lands located in Section 28 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Saturnia Lakes Plat One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of '--the required improvements, and 100% of the cost of any 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 "Saturnia Lakes Plat One" be approved for recording. final plat of FISCAL IMPACT: The project cost is $2,687,973.40 (estimated) to be borne by the developer. The cost breakdown is as fol'lows: a) b) Water & Sewer Drainage, Paving, Grading - $1,172,648.00 - $1,515,325.40 The Security amount, equal to 110% of the project cost, is $2,956,770.74 DEC 1 000 1:,{7' / i Executive Summary Saturnia Lakes Plat One Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $50,474.12 Fees are based on a construction estimate of $2,687,973.40 and were paid in October, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 957.56 b) c) Paving, Grading (1.3% const. est.) GROWTH MA/qA~EMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 5863.24 Drainage, Paving, Grading (.42% const. est.)-$ 6364.37 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $17589.72 Drainage, - $19699.23 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Saturnia Lakes Plat One" for recording with the following stipulations: Approve the amount of $2,956,770.74 as performance security for the required improvements. DEC 1 ZOO0 Executive Summary Saturnia Lakes Plat One Page 3 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. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robert Mulhere, AICP Planning Services Department Director APPROVED BY: John ~: Duhnu~ck III, Interim Administrator Community Development & Environmental Services Date Date j rh SECTION I ii 28, TO WN.~'H I I-' ,~ COLLIER COUIX THE LOCATION MAP GENERAL NOTES: PROdECT " LOCATION I1~ '- ;-IIdMO~r~LEE ROa~ C.R, 1. ALL DIMENSIONS ARE IN FEET, AND DECIMALS THEREOF. DIMENSIONS ON CURVES ARE NOTES AS FOLLOWS, L = ARC LENGTH. CB = CHORD BEARING. CD = CHORD DISTANCE, R = RADIUS, A = DELTA, T = TANGENT LENGTH 2. · = PERMANENT REFERENCE MONUMENT SET STAMPED P.R.M. LB 4.3 DEC I 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "INDIGO LAKES UNIT FOUR", 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 "Indigo Lakes Unit Four", a subdivision of lands located in Section 27 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the cons%ruction drawings, specifications, and final plat of "Indigo Lakes Unit Four" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees kave been paid. Security in the amount of 10% of the total cost of the recuired improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvemenus, 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 "Indigo Lakes Unit Four" be approved for recording. FISCAL IMPACT: The project cost is for Phase Four is $442,915.90 (estimaUed) to be borne by the developer. The Security amount, equal to 10% of the project cost, together with 100% of the cost for those items remaining to complete is $ 106,000.00 AGENDA ITEM No. ,,,, DEC 2000 Executive Summary Indigo Lakes Unit Four 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: $26,903.84 (all of Indigo Lakes) Fees are based on a construction estimate of $1,432,909.00 and were paid in September, 1999, and are reflected in the Executive Summary for Indigo Lakes as submitted to the Board on October 12, 1999. The developer has subsequently Phased the recording of the Indigo Lakes project. 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. ENVIRONMENTAL ISSUES: issues HISTORIC~_L/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Indigo Lakes Unit Four" for recording with the following stipulations: Approve the amount of $106,000.00 as performance security for the required improvements. DEC 1 2000 Executive Summary Indigo Lakes Unit Four Page 3 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 S~rvices Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Robert' Muthere, AICP Planning Services Department Director APPROVED BY: John M['Dunn~ck III, Interim Administrator Community Development & Environmental Services Date Date j rh DEC 1 2.000 I I I RANGE 28 EAST I I I I I I 17 16 I 15 I I- 29 32 2O 31LT BEACH ,, I 5 I I 21 I 22 ! SITEl27 26 :28 ~. 34 3 MAP,, LOCATION J PLAT BOOK PAGE I I 14 I I t 13 J 24 I IMMOKALEE RD. 35 36 ~ .... ; 2 ' 1 ~ GOL~LVD SHEET 1 OF" NOT TO SCALE AGEN IT I~ / I DEC 1 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VALENCIA LAKES", 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 "Valencia Lakes", a subdivision of lands located in Section 23 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Lakes" 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 "Valencia Lakes" be approved for recording. the final plat of FISCAL IMPACT: The project cost is $823,759.52 (estimated) to be borne by the developer.. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $300,000.00 - $523,759.52 The Security amount, equal to 110% of the project cost, is $ 906,135.47 ~o. !<," DEC I 2000 Executive Summary Valencia Lakes 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: $9721.66 Fees are based on a construction estimate of $523,759.52 (does not include Orangetree Utilities water and sewer) and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 713.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MA/qAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ -0- Drainage, Paving, Grading (.42% const. est.)- $2199.79 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ -0- Drainage, - $6808.87 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Valencia Lakes" for recording with the following stipulations: Approve the amount of $906,135.47 as performance security for the required improvements. DEC 1 ZOO0 Executive Summary Valencia Lakes Page 3 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. PREPARED BY: John R. Houldswor~h-, Senior Engineer Engineering Review REVIEWED BY: ~Kuck, P.E. Engineering Review Manager Planning Services Department Director APPROVED BY: John M~ Du~nuck III, Interim Administrator Commu~ty Development & Environmental Services Date Date ' Date j rh 2.000 I II i N 3-48-~7 !-48-27 E 12-48-26 s 10-48-; 13-48-26 15-48-2 14-48-2; III Iii 25-48-26 16-48-27 LOCATION MAP NOT TO SCALE AG£N~A ITEM I. ~-..- .o. DEC 1 2 2000 i II I EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MUSTANG ISLAND", 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 "Mustang Island", a subdivision of lands located in Section 18 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mustang Island". 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 "Mustang Island" be approved for recording. FISCAL IMPACT: The project cost is $1,632,536.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 579,436.00 - $1,053,100.00 The Security amount, equal to 110% of the project cost, is $ 1,795,789.60 pg. / i ii I Executive Summary Mustang Island 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: $30,318.04 Fees are based on a construction estimate of $1,632,536.00 and were paid in October, 2000. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)-$ 616.00 b C Paving, Grading (1.3% const. est.) GROW~fH Fa~NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 2897.18 Drainage, Paving, Grading (.42% const. est.)-$ 4423.02 Construction Inspection Fee Water & Sewer (1.5% const. est.) $ 8691.54 Drainage, - $13690.30 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no outstanding environmental There are no historical or That the Board of County Commissioners approve the Final Plat of "Mustang Island" for recording with the following stipulations: Approve the amount of $1,795,789.60 as performance security for the required improvements. Executive Summary Mustang Island Page 3 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. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Planning Services Department Director APPROVED BY: John ~' Dun~uc~ III, Interim Administrator · Commu~ty Development & Environmental Services Date Dat~ Date bate j rh DEC 1 3 I £$T'~,'r£$ I VICINITY MAP N.T.S. I C~L[ G~' )RF1JECT 76 LDCATIDN DEC 1 ~ ~000 I II I EXECUTIVE SUMMARY A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES, INCLUDING: PROVIDING FOR NEW AND REVISED BUILDING PERMIT AND LAND USE PETITION FEES; REFLECTING CURRENT FEES FOR FIRE CODE PLAN REVIEW AND PREVENTION PERMITS COLLECTIVELY ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS IN COLLIER COUNTY AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON NOVEMBER 28, 2000; ADOPTING THAT SAME SCHEDULE OF FEES FOR THE DEPENDENT FIRE DISTRICTS IN COLLIER COUNTY; UPDATING LANGUAGE TO REFLECT CURRENT NOMENCLATURE; SUPERSEDING RESOLUTION 99-328. OBJECTIVE: Staff is requesting the Board approve the attached Development Review and Building Permit Fee Schedule. CONSIDERATIONS: During the FY 01 (cun.'ent year) budget process, the proposed budget for the Community Development Fund (Fund 113) reflected a 17.5% increase for all fund113 revenue generating activities. In 1994, the BCC approved an overall 15% fee reduction. At that time staff indicated, and the Development Services Advisory Committee (DSAC) agreed that should it be necessary in the future, staff would request that the 15% be re-authorized by the BCC. By examining projected revenues and expenditures in the Community Development Fund, the County Budget Office determined that a 17.5% increase would generate sufficient revenues to offset the projected shortfall(s) over time. Even with the proposed across the board 17.5 % increase (effective 1/1/01), revenue shortfalls are anticipated in this fiscal year, as well as FY 02 & FY03. In FY 01, the shortfall is projected to be slightly less than $500,000 due to several one-time expenses. In FY 02 and FY 03, however, the shortfall drops to less than $100,000. With the proposed fee increase, and as a result of increased revenues in the first quarter of this year and reduced capital expenditure projections for the new building construction, these shortfalls no longer represent a concern, The spreadsheet below depicts actual revenues and expenditures for FY 99 & 00-and projected revenue and expenditures for FY 01, 02 & 03. The revenue projections starting in FY 01 reflect a decrease in interest earnings from reserves as $4.5 million of the projected $7.5 million cost of the new building will come from reserves. Further, file expense projections reflect a $524,100 per year cost (over ten years) for principal and interest on a $3 million dollar commercial loan to cover the balance of the anticipated $7.5 million dollar new building construction cost. DEC 1 2 2000 I Community Development Fund 113 Analysis Revenue vs Expense FY 99 Actual !Operating Expenses i $8,895,976 $10,561,000 $12,750,7821 $13,133,305 ! Operating Revenue $10,539,053 $12,663,026 $13,042,917 ! 01i 02! FY 03! FY 001 FY . FY , ForecastI Bud.qetedi Projectedi _P_ro~iected $12,778,00~ $11,425,700; $12~200 $864 7OO , Net Revenue $1,643,077 ($483,800)° ($87,756)i ($90,389) ', NOTES:i 1. FY 01 Budgeted Revenue already includes a 17.5% across the !board fee increase. 12. Forecast revenue and expenses for FY 02 & FY 03 are lexpected to level off and are increasing 3% per year for inflation. 13. FY 01 deficit of ($483,800) reflects several one~ I [time I expenditures, primarily for technology ,enhancements. $1,800,000 $1,500,000 $1,200,000 $900,00o $600,000 S300,000 so ($300,0001 ($600,000)- Community Development Fund Net Operating Revenue (FY 99 - FY 03) FY99 FY00 FY01 FY02 F'Y03 When staff first presented the proposed 17.5% fee increase to the full DSAC in October, the Committee established an ad hoc committee to work with staff to review the fee increase proposal. During initial meetings of the ad hoc committee, concern was expressed regarding the proposed 17.5% across the board fee increase. Staff agreed to examine specific activities and target those activities where the current fees are significantly lower than the actual cost of conducting the activity or providing the service. No. DEC 1 2 2000 "3 Both building permit and planning activities were evaluated The Table below iljustrates the process staff used to evaluate the actual cost and proposed fee for specific activities. Fee 00/01 Average Average Average Current Proposed Anticipated Anticipated 00/01 Revenue Activity Current Review Activity or Fee Per Fee Fee Increased Total Revenue with 17.5% Type Revenue Time Petition Petition2 Revenue 00/01 with Fee Across the Projections Cost~ Increase Board Fee Increase Rezones $10,000.00' 65.50 $2,170 $1,900 $1,800.00 $210000 (+ $1,600 $12,000 $11,800.00~ (5.27) (+ $25 00 $25.00 per per acre) acre) PUD $125,000.00 14300 $4,260 $3,750 $2,500.00 $3,000.00 $16,700 $142,000 $146,900 Rezones (+ $25.00 (+ $25.00 (33.34) per acre) per acre) Includes S400 advertising costs; propert), posting; postage costs for property owner notification; average hourly wage of S 18.00 plus 35% factor for benefits, and 15% factor for operating costs such as fuel, office products, etc., and overhead. For Activities where fee is based upon a variable such as acreage, number of units or square footage, N/A indicates a flat fee with no variable. The table below iljustrates the total projected revenue that is anticipated from this activity specific fee increase, as compared with the 17.5% across the board fee increase. Although the projected increased revenue stream from the activity specific fee increase methodology is projected to be about $200,000 less (annually) than the 17.5% across the board projection, the increased revenues will be sufficient to address the projected shortfalls and to allow for replenishment of a prudent reserve. This is due to a lower projected cost for the new building construction, and revenue in the last quarter of FY 00 and the first quarter of 01 (thus far) that exceeds revenue projections. Total Revenue Anticipated Annual Revenue with Annual Additional Proposed Projection w/oTotal RevenueRevenue 17.5% Across !Revenue From Building &Fee Increase00/01 with Projections the Board Fee17.5% Across the Planning Activity Resultant From Increase Board Increase 113 Fund Specific FeeActivity Specific Revenues Increase Fee Increase FY $7,553,000.00$8,748,000.00$1,195,000.00$8,874,775.00$1,321,775.00 00/01~ FY $10,373,000.00$12,013,000.00$1,640,000.00$12,188,275.00$1,815,275.00 01/022 FY 02/03~$10,684,000.00$12,374,000.00$1,690,000.00$12,553,700.00$1,869,700.00 ' For comparison purposes, amount is 75% of annual projection since fee increases will not be effective until January (3 months into fiscal year). ~ Based on full fiscal year (12 months). Includes a 3% revenue growth factor. ] While recognizing the Planning Department will necessarily be subsidized to a degree by permit revenue, both the BCC and the DSAC have expressed a desire to see a reduction in DEC 1 2000 i ii I the degree to which Planning is subsidized by building permit revenue. In this fiscal year, 113 Fund related expenditures for Planning are projected to be $3,700,000. Planning revenues are projected to be $2,030,000. Thus, of the $3,700,000 Planning related 113 expenses, $1,670,000 is derived from building permit revenue. Under the proposed activity specific fee increase methodology, that amount is reduced by more than $500,000. In summary, under the activity specific fee increase methodology; the degree to which Planning functions are supported by building permit revenue is reduced by 31%. Staff worked closely with the DSAC "Fee Increase" ad hoc committee over the past two months in developing these fees. The ad hoc committee has endorsed the attached fee increase, with the condition that Community Development & Environmental Review staff work with the DSAC and with the County Office of Management and Budget to accomplish the following over the next four to six months leading up to the budget development and review process for FY 02: Analyze actual costs of all petitions; Review all Building Review & Pe~Tnitting and Planning functions over the next 4 to 6 months and, working with the DSAC, develop revised or new performance standards and benchmarks for all fee supported activities; Identify actions necessary to achieve these performance standards and benchmarks; Identify methodologies to monitor the degree to which these performance standre'ds and benchmarks are being achieved; Develop monthly or quarterly reports to keep management, the DSAC, the BCC and other interested parties informed on a regulm' basis; and .Based upon the mutually developed and agreed upon performance standards and benchmarks, conduct a comprehensive review of all building permit & development review fees to ensure that such fees are appropriate and xvill generate sufficient review to achieve the desired levels of service. Staff is requesting a recommendation of approval for the activity specific fee increase subject to the commitment to conduct the activities and studies referenced above. Staff will bring a recommendation for this to the BCC on the December 12, 2000. FISCAL IMPACT: The proposed fee increase is projected to result in an increase in Fund 113 revenues equal to or greater than $1.8 million annually. This revenue increase will allow for continued delivery of services (at acceptable levels) and will allow for replenishment of the 113 reserves account after reserve revenues are reduced to help pay for new building construction. GROWTH MANAGEMENT IMPACT: Approval of these revisions to the fee schedule xvill have no impact on the Collier County Growth Management Plan (GMP). Staff recommendations are consistent with the provisions of the GMP. T ~ AGEND&ITEM,'~ _ DEC 1 g 2000 STAFF RECOMMENDATION: Staff recommends that the BCC approve the attached resolution amending the Collier County Development Review and Building Permit Fee Schedule. DSAC Recommendation: At the time of preparation of this Executive Summary, staff does not have the final recommendation of the DSAC. The DSAC will meet on December 6, 2000. Staff will verbally present the DSAC recommendation at the BCC meeting. Date: / Z//~/~ PREPARED BY:~, AICP Planning Services Department Director REVIEWED BY: Date: Thomas D. Kelley: Business Manager, CD & ES (~X~;.~~ . 'X.,- ?~ ~-- Date: d ,.~ ,, APPROVED BY: _ a4. {,. ;John M, Dunnuck, IIl, Intehm CD & ES Administrator AGENDAHTF~.\ ,, ,o.- - DEC 1 2 2000 RESOLUTION NO. 99- 328 A RESOLUTION ESTABLISHING A SCHlagE OF DEVELOPMENT RELATED REVIEW AND PROCESS~G FEF_~ AS PROVIDED FOR IN DMSION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ALSO PROVIDING FOR' A SCHEDULE OF FEES FOR FIRE PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE DISTRICTS; SUPERSEDING RESOLUTION NO. 9.~.642 AND RESOLUTION 9~-~94. WHEREAS, the Collier County Lsnd Developx~e~t Code, Section 1.10.1 provides th~ the Board of County Comm|~oner~ ~ ~,~b~/~,~ ~ ~)~t by re~olut/on a schedule of fees and charges for application and docummt processing, public meetings, public hearings, other meetings and hear~gs, transcripts, spprovals, deuiah, development panfits, development orders, development, construction, in~ons, enforcement inspection services, sale of documm~s, review, resubndssion and any other zoning or development related service and any other services provided or costs incurred by the County; ahd ~vrH~, the ~oard of County Commissioners ~pproved Resolution ~tablishing a fee ~chedule of development related rcvi~v and proc~sing fee~ on November 14, 1995; md wh/ch Resolution waz subsequently' aznended by Resolution 96- $94 on December 17, 1996; and WHEREAS, the Board of County Commissionas 'directed staff to adopt a new fee rc~olution to reflect the Board's adopted developmen! o~fiew ~nd bu/lding permit fee waiver polic/es and procedures; and WI~REAS, many operations w/thin Comrn~mity Development and Environmental Scrv/cez Division zre funded by user fee r~vc.r~uem; an/, WHEREAS, the new, decreased or increased f~ for certa/n petition type, including engineering /nspect/onz, temporary u~e I/ermjt~ Cor ~pecial ~tz requiring Board appwval and pefition~ to change ~ namc~, m'~ reClective of the acmat-cozt of proceding and reviewing tach petitions; and WHEREAS, the establishment of a fee for data ~.onve~ion from paper to electronic format v, dll allow the Division.of Community Development ~~....-~.-~ $crv/ce~ to better organize..ore and acceas filc~ and improve informati .0~i I NOW, THEREFORE, BE IT RESOLVED BY TI-IE BOARD OF CbUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners here. by declares that the fees s~ forth in the Schedule of Development Review ~nd Building Permit Fe~, ~t~hed hereto, ~nd incorporated by reference herein n~ Exlu'bits "A" ~nd ~B" ar~ fair nnd r~sonnble sums to be assessed to those who receive the benefits of the~e servicos, reviews sad inspections required by the Land Development Code nnd ~he County Permitting process. BE IT FURZHHR RESOLVED that this Re~olution r~l~tin~ to f~m in the Land Development Code be recorded in the minut~ of ti~ Bomxi mt that R~olufion numbered 95-642 and amendstory Resolution number 96-594 are heniry superseded by the adoption of this Resolution. This Resolugon adopted ~ motion, ~ocond and majority Done th~d~y of ~ 1999 BOARD OF COUNTY C01vIMISSIONERS COLLIER COIYNTY, FLORIDA ~ttest as to Cha~aaa'$ . $ $ i~"~l~ro~v~ ]a[~[o form a~..d. legal imfficiency:. Marjorie M. Studet~ A~istant County Anomey 2 0:.,.. : ?- 2Our, !: .... Exhibit "A" Schedule of Development Review and Building Permit Fees A) ADMINISTRATION Board of Adjustment Appeals Appeal Filing Interpretations Official Interpretation Request of l_and Development Code or Growth Management Plan Interpretation request during review process Determination of Vested Rights Appeal of Vested Rights Determination Amendment to Land Development Code Appeal from an Administrative Decision B) ]5LASTING PERMITS & INSPECTIONS 30 day permit fee, non-refundable payable upon application Page 1 of 20 $ 250.00 $100.OO $25.00 $ 50.00 (plus the Comty's out-of-pocket e~xpens~ associated with hearing officer and hearings) $ 50.00 $1 oo.o0 $2OO.O0 (non-refundable) $85.00 Exhibit "A" 90 day permit fee, non-refundable payable upon application Yearly permit fee, non-refundable payable upon application Renewal permit fee, non-refundable payable upon application After-the-fact fee, due to blasting without the benefit of permit Fine fee, per detonated shot with after-the-fact permit Handler fee, for handler who assists the user or blaster in the use of explosives In addition to the blasting permit application fees, the following inspection fees shall be paid upon issuance of a blasting permit. Blasting Inspection Fee: Trench Blasting: $200.00 $500.00 $100.OO $2,500.00 $100.O0 $25.00 $275 oOO p~r acre $50.OO per linear foot Quarry Blasting: The fee for quarry blasting shall be an annual fee based on the estimated number of blasts per year at $75.00 each (This numb~"r may be adjusted based on the actual number of blasts occurring within a given $85 .O0 ($250.00 maxi a ) $350.00 : year.) C) ENVIRONMENTAL/LANDSCAPING Agricultural Clearing Permit First acre or fraction of an acre Each additional acre or fraction of an acre Environmental Impact Statement (ELS) Page 2 of 20 I 14 I Exhibit "A" Landscape Re-inspection 1st 2nd Every inspection after 2nd Special Treatment Review (ST) First five acres or less Each additional acre (or fraction ' thereo0: Coastal Construction Control Line Variance CCSL Pe, mit Dune Walkover Dune Restoration Variance Petition Sea Turtle Permit Sea Turtle Handling Permits Sea Turtle Nesting Area Construction Permit Sea Turtle Nest Relocafion Vegetation Removal Permit First acre or fraction of an acre Each additional acre or fraction of an acre $85.00 $43.00 $51.00 $64.00 Vehicle on the Beach Permit Permit Application * Permit fee shall be waived for public and non~profit organizations engaging in bona fide environmental activities for scientific, conservation or educational purpos .es. $9.00 ($850.OO maximum) $150.00 $10o.oo $1,00o.oo '$25.00 $200.00 $100.00 $8:5.00 $4:3.00 ($900.00 maxirn~) $25 0.00' Page 3 of 20 Exhibit "A" E) After-the-fact Environmental or Landscape Permits CCSL Variance Petition All other Environmental or Landscape Permits & Inspections EXCAVATION PERMITS Annual Renewal Application (Private) Application (Commercial) Application (Development) Permit for private and development excavations (Upon approval of application, fee not to exceed $3,000.00): 1) 0-2000 cubic yards excavated material 2) Each additional 1,000 cubic yards excavated material 3) Over-excavation penalty per cubic yards Reapplication Road Impact Analysis Time Extension Alter-the-fact Excavation Permit RIGHT-OF-WAY PERMITS . Right of Way Construction Permit* (Right-of-way permits issued in conjunction with an approved subdivision shall not require payment of fight-of-way construction permit fee.) Right of Way Construction Permit Renewal Reinspection fees: Page 4 of 20 2x normal fee 4x normal fee. $85.00 $85.00 $850.00 $125.00 $64.00 $3.00 $1.oo '$64.00 $125.00 $ 43.00 4x normal fee $125.00 $43.00 F I II I Exhibit "A" I st $43.00 2rid $51.00 Each inspection after 2nd $64. O0 Jack-and-bore $170.00 Open-cut construction $235.00 PSC regulated or County Franchised Utilities $85 .OO Sprinkler Head Placement in County R.O.W. :$25.OO Turn-lane/median construction ROW constmction permit fee plus applicable Inspection fee After-the Fact permits 4 timo8 normal fee (Max. $1,000) *NOTE: In addition to the right-of-way permit application fee, the applicant shall pay a $50.00 per day inspection fee based on the number of work days as determined by the engineer or agent of record. Right-of-way permits limited to the authorization of driveway connections shall be exempt from the inspection foe. SITE DEVELOPMENT PLANS Site Development Plan Review (SDP) $425.00 plus $9.00 per D/U plus $21.00 por residential building structure; and $425.00 plus $.01 per square foot plus $21.00 per building for non-r~d~ntial. Utility Plan Review & Inspection Fees Construction Document Review 0.50% of probah le watex and/or sewer construction corn Construction In~qpection 1.50% Page 5 of 20 Exhibit "A" Construction Document Resubrnission or Document Modification Site Development Plans - 3rd and subsequent additional reviews of probah le water and/or sex.~er construction costs Subfait as insubstantial change ($85.00) $175.00 Site Development Plan Amendment Site Development Plan Insubstantial Change Site Development Plan Time Extension Site Development Plan Conceptual Review Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. Site Improvement Plan Review (SIP) Violation of the conditions of approval Of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. $215.00 $85.00 $85.00 $215.00 $215.OO per phase $215.00 4 x the SIP/SDP appli cation G) SUBDMSION Lot Line Adjustment Subdivision Review Fees Construction Document Review Page 6 of 20 $125.00 0.42% ofpr0b~tble cost of constra~:tion. I II I Exhibit "A" Construction Docmnent Resubmission or Document Modification - Submit as Insubstantial Change Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approved construction documents Subdivision lns-pecfion Fee Subdivision, Preliminary Plat (PSP) Petition Application Administrative Amendment Final Plat Additional review of construction plans for phased construction of subdivision improvements. Two-year Extension $85.00 $42:5.00 1.30/0 of probable cost of construction for const. inspection. $425.00 plus $4.00 per acre for residential; $425.00 plus $9.00 per acre for non-residential; (mixed use is residential) $2l 5.00 $42:5.00 plus $4.00 per acre for residential; $425.00 plus $9.00 per acre for nonresidential; (mixed use is residential) $4:25.00 per phase $g5.00 Water and Sewer Facilities Construction Document Review Page 7 of 20 of probable water and/or sewer construction costs Exhibit "A" Consreaction Document Resubmission or Document Modification 0.:25 % of probable water and/or s~wer construction costs Construction Inspection Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 1.50% of probable water and/or s~wer construction costs Four tirnes the PSP or Final Plat Review Fee. i) TEMPORARY USE PERMITS Temporary Use Permit Sales Model Homes and Sales Centm'a Construction and Development Garage and Yard Sale Permit Temporary Use Amendment, Renewal or Extension. Temporary Use Permit for Major Special Events requiring BCC approval, including Circus I and Carnival Permits Political Si~s (Bulk Temporary Permit) ..WELL PERMITS/INSPECTIONS* '- Page 8 of 20 $7 5.00 ' $7 5.00 $75.00 $;0.00 $75.00 · Twice tlae fee for renewal~ or extensions requeste~I after the expiration date. $2_~0.00 $;5.O0. I Exhibit "A" Hydraulic elevator shaft permit Test hole permit (including I st six holes) - each additional hole Well permit (abandonment) Well permit (construction or repair) Well permit (monitoring) Well Permit (modification of monitor or tc~t well to a production well) $128g.00 $43.00 $5.00 $13.00 $64.00 $43.O0 $21.00 *NOTE: Multiple wells may be allowed on one permit, but each well rnu~ be accounted for and the appropriate fee shall be charged for each w~11 in accordance with the above listed schedule. Well Reinspections First Reinspection Second Reinspection Third Reinspection After-the-fact well permits $43.00 $51.00 $64.00 3x normal fee per violation. ZONING/LAND USE PETITIONS Alcoholic Bew'rago or Service Station Separation Requirement Waiver Boat Dock Extension Petition Conditional Use Petition ($50.00 when filed with Rezone Petition) Conditional Use Extension DR/Review (In addition to cost ofrezone) Page 9 of 20 $4Z5.00 $425.00 $7(>0.00 $175.00 $2,500.00 , Exhibit "A" DRI DO Amendment Flood Variance Petition Plus $Z5/aere $1,300.00 $4~5.00 Interim Agriculture Use Petition $350.00 Non-Conforming Use Change/Alteration $425.00 Off-Site and Shared Paridn' g Amendment $425.00 PUD Amendments (PDAs) Minor $1,300.00' Major $2,125.00' *Minor & Major. *Property owner notifications: $1.OO non-certified mail $3.00 certified returxa receipt mail *Note: Petitioner to pay this amount ~er receipt oflnvoice from Planning Services Department. Petition will not be advertised until paymetat is received. Planned Unit Development Amendment (Insubstantial) $637.50 Rezone Petition (Regular) $1,800.00 Plus $ ~2 51aere Rezone Petition (to PUD) $2,500.00 Plus $ 2251acre Street Name Change $200.00 Plus $1.00 for each property ownor requiring notification of' prop0s~l street name ¢lx:ange. Variance Petition Page 10 of 20 Variance (Administrative) Zoning Certificate: Residential: Commercial: After-the-Fact Zoning/Land Use Petitions Exhibit "A" $20C~.00 $15~.00 $45.00 2x th~ normal petition fee L) MISCELLANEOUS Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) $25.00 per site plan or land use petition $15. O0 per amendrnent (PUD, site pla~ etc.) Official Zoning Atlas Map Sheet $.50 Publications, maps, reports azad photocopies per sheet As set forth in Resolution 98-498, Requests for zoning/land use verification $25.00 per parcel. Research: The fee for researching records, ordinances, and codes that ar~ no longer current shall be $40.00 per hour with a one-half hour minimum charge. The fee for creating and designing special computer generated reports that are not apart of the regular standard reports shall be $25.00 per hour with a one-half hour minimum charge BUILDING PERMIT APPLICATION FEE A permit application fee shall be collected at the time of applying for a building ~it. The permit application fee shall be collected when the plans are submitted for revi~. The fee shall be applied toward the total permit fee. The applicant shall foffdt the application fee if the application is denied or if the application is approve,<l and the Page 11 of 20 · Exhibit "A" is not issued within the time limitation as stated in Section 103.6.1 .l of the Collier County Ordinance No. 91-56, as amended. The application fee will be computed as follows: Single family and d.uplex* Multi-Family & Commercial* -$.05 per sq. ft. with minirotan of $1 O0.00 - $.05 per sq. ft. upto 10,000 sq. tL - $.025 for square footage over 10,000 sq. tL * The maximum application fee shall NOT exee.~ $5,000.00. Minimum fee of $36.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additionrdaltemfion~. Minimum fee for all other applications = $36.00. The balance of the total permit fee will be collected at the time ofissuane,~ of the permit and will include any fee adjustments necessary. BUILDING PERMIT FEES The fee for a building permit shall be computed as follows: Such fees shall be either based on the conWactor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table, whichever is greater. 1) Valuation of construction costs of less than $750.00 - No permit o~' fee is requixa~ but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. EXCEPTION: All work involving struetu~ eomponent~ areal/or fire rated assemblies requires permits and inspections regardless of conslnaction co~ signs must secure permits as stated in Collier County Ordinance l',1o. 91-102, as mended. 2) Valuation of construction costs of $750.00 through $4,999.99 - A :fee of $36.00. Page 12 of 20 Exhibit "A" o) P) 3) 4) Valuation of construction costs of $5,000.00 through $49,999.99 -A. fe~ of $17.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. Valuation of construction costs of $50,000.00 through $1,000,000.00 - A fee of $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. 5) Valuation of construction costs over $1,000,000.00 - A fee of $3,474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00: ELECTRICAL PERMIT FEES The fees for electrical permits for new structures or placement or reloeation of structures shall be computed as follows: 1) $0.40 per ampere rating of all single-phase panelboards. 2) $0.15 per ampere rating for switch or circuit whichever is greater, if' item #1 above does not apply. 3) When not a complete installation, all switch and circuit breakers ahe:ad of panel boards shall be computed at $0.1 $ per ampere. 4) Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. 5) The minimum for any electrical permit shall be $36.00 per unit or te:nant space. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value.or less may be made without a permit. Repair~ must comply with all. County Codes and Ordinances. If inspections are required by the Building Official or requested by the: applicant, the: appropriate fees shall be paid. PLUMBING PERMIT FEES The following fee calculations shall be applied separately when the permit involve~ mix~m:l occupancies. Page 13 of 20 Exhibit "A" 1) 2) 3) 4) 5) 6) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $36.00 to be charged for each living unit with one to three bathrooms. An additional fee orS10.00 will be assessed for each additional bathroom. Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be thc greatest fc~: a) The rate of $3.00 per 425 square feet of floor area, or fraction themeS, or b) Institutional facilities, hospitals, schools, restaurants and r~pairs in any occupancy classification shall be charged at the rate of $1.O0 per fixtu~ unit; or c) Minimum of $36.00 for each occupancy or tenant space. Grease traps: An additional fee of $36.00 shall be assessed for each grease trap. The cost for retrofit piping shall be computed at the minimum fee of $36.00 per floor for each main riser. The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. The minimum plumbing permit fee shall be $36.00. Q) ~IECHANICAL PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) 2) Residential occupancies: The mechanical permit fees shall be computed at the rate of $36.00 for each living unit up to three tons of air conditioning. ~aeh additional ton or part thereof shall be $3.00 per tom Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $36.00 for the first three tons or three horsep0v~er of~ conditioning or other mechanical systems per tenant space, each addition~,l ton of air conditioning or horsepower shall be $3.00; or b) The rate of $3.00 per 425 square feet of floorarea, or fraction them0f. Page 14 of 20 I II I Exhibit "A" 3) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. 4) The~ost of retrofit piping shall be computed at the minimum fee of' $36.00 p~r floor for each cooling tower, or $36.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 5) The minimum mechanical permit fee shall be $36.00. FIRE PREVENTION AND CONTROL PERMIT FEES The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fee~ shall apply to Fire Prevention and Control Pcrmits for both the independent and dependent fire districts. MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PER1MIT FEE,q 1) The permit fee shall be $37.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $57.00 to set-up a double wide or larger mobile hom~s on an approved site plus electrical, plumbing, mechanical and fire protenztion fees as applicable. CHICKEES AND SIMILAR STRUCTURES The permit fee will be based upon a calculated cost of construction of ~g4.00 per sq~,~re foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accor~ with Section B of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. POOL OR SPA PERMIT FEES 1) The fee shall be $79.00 for construction of each'public pool or spa_ 2 ) The fee shall be $53.00 for construction of each private pool or spa.. SCREEN ENCLOSURE PERMIT & PAN ROOF FEEg Construction costs shall be calculated as follows: 1) Screen Roof -- $2.00 per sq. ft. of floor area. (S.¢reen Walls 0nl~y) Page 15 of 20 Exhibit "A" 3) Pan Roof -- $3.00 per sq. ft. of floor area. (Screen Walls Only,') Existing Roof m $2.00 per sq. ft. of floor are~ (Screen Walls Only') The screen enclosure or roof fee will then be calculated in accordartec with Section A of this Resolution. SIGN PERMIT FEES Sign permit fees will be calculated in accordance with both: 1) 2) Section N) Building Permit Fees and Section O) Electrical Permit Fees (if applicable) The minimum sign permit fee shall be $36..00. NOTE: Multiple si~s of the same type (i.e., wall signs) and signs for a single project may be combined on one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in Paragraph W above. CONVENIENCE PERMIT FEES Convenience permits are issued in blocks of 10 each. Only licensed contrax:tots are eligible to purchase Convenience permits. Convenience permits are limited to the use specified on the perraiL The fee for a book of 10 Convenience Permits is $300.00. BIgVISION AND AS BUILT PLAN REVIEW FEES 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections B through G above. The minimum permit fee for revisions to permitted projects shall be $36.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10) percent ofthe ori~nal building permit fee or $150.00, whichever is greater, but shall not exceed $5 00.00. The foe is intended to cover the cost of reviewing amended building plans ir~ the office to determine that change orders and various field changes are.in compliance with the minimum construction and fire codes of Collier County. Page 16 of 20 Exhibit "A" AA) ~ BB) cc) EE) 3) The following are required for As-Built drawings review: a) An itemized list of all changes made after permit plan appro~ral. b) As-Built plans that have all changes made after permit plan ~pproval "clouded". c) As-Built plans and changes shall be signed and sealed by th~ and/or architect of record. P .RMrrS P~its will b~ r~uir~ to make corr~tions to any d¢fici~nc~ fo~nd. This fee shali be paid prior to plan r~vicw. PERMIT EXTENSION The filing fee for each permit extension shall be equal to 10% ofthe original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. 'The filing fe~ is intended to cover the cost of reviewing existing or amended building plaxm to determine and verify code compliance. DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES The permit fee shall be $36.00 for the demolition of any building or stgucture. PR~MOVING INSPECTION FEES The fee shall be $150.00 for the Pre-Moving inspection of any building or structure. INSPECTION FEES A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. A user fee of $40.00 per inspection shall be assessed for inspections requemted afar normal working hours or on a time-specified basis. ]~INSPECTION FEES Page 17 of 20 Exhibit "A" FF) n) J J) Reinspections for any type of building permit shall result in an additional fee of $25.00 per inspection for the first reinspection, $40.00 for the second reinspectiora and $50.00 for the third and each su~essive reinspection. FAILURE TO OBTAIN A PERMIT Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penal. ty for failure to obtain ape,nit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully c_,omplying with the requirements of any applicable construction code or ordinance in the ¢:xecution of the work, or fxom any penalty prescribed within any construction code, law or' ordinance of Collier County. The fees for licensing items are as follows: Letters of Reciprocity Contractors Change of Status Voluntary Registration of State Certified Contractors Pictures Laminating $3.00 $10.00 $10.0O $2.0O $1.00 (l~er liceme) DUPLICATE PERMIT CARDS The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CItANGE OF CONTRACTOR OR SUBCONTRACTORS To record a change of contractor or subcontractor, on a permit that has beem issued, the fee shall be $36.00; this fee includes the issuance of a new permit card. pERMIT FEE REFUNDS If requested, in writing by the owner or his authorized agent, 50% of the fe~es charged, other than the application fee, may be refunded-provided that a permit ha~ been issued, Page 18 of 20 Exhibit "A" LL) oo) construction has not commenced, and the refund is applied for prior to the cancellation of the permit. RECORD RETRIEVAL The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or $3.75 per file whichever is gre~ater. The fee for blueprint and .miscellaneous copying shall be as follows: Microfilm copies, standard docoments $2.00 each. Microfilm copies, ofplan $5.00 each. Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each Charges for reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per page for'36 X 48. The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one-half hour mJ~mum charge. The fee for creating and designing special computer generated reports tha_t ~re not a part of the regular standard reports shall be $25.00 per hour with a one-halfhotax minimum charge. SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $ ! 5.00 per year. The subscription year is from Oct. I through Sept. 30. ELECTRONIC DATA CONVERSION SURCHARGI~'. A surcharge in the amount of 3% ofthe building permit application fee, wi~h the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A fiat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per 1%ragraph M of this schedule. Page 19 of 20 Exhibit "A" PP) REGISTRATION OF RENTAL DWELLINGS The fee for registration of rental dwellings is as follows: 1) Initial Registration Fee - $15.00 2) Annual Renewal - $10.00 QQ) Fee Waiver Procedures Requests for fee waivers may only be approved by the Board of Couxaty Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Divisiora Stafi~ who will prepare an executive summary for consideration by the Board. e Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. The Board may consider allowing fee waivers for Temporary Use Permits for special events and for right-of-way permits to place temporary signs within the ROW for rectarring events, subject to the following criteria: Fee waivers for recurring events within any 12-month period. The l~oard may grant a s:mgle f~. waiver to cover multiple recurring events within any 12-month period provided the number events during that 12-month period does not exceaxt 12 and tha_~_ no more than one event is scheduled in any 30 day period. b) Fee waivers for recurring annual and semi-annual events. The Board may grant a single fee waiver to cover multiple recurring events within any 3-year period l~rovided the total number of events does not exceed 6 and that no more than 2 events are schcxluled within any 12 month period. c) Limitations on fee waive~ for recurring events. Requests for ~r~v~r~ of feea for recurring events shall specify the number of events and approximate date or expected occmrreneez of such events. Events ex~g the number or time-flames appr0ve~! by the Board shall require the ~bmission of a new request for fee waiver. Revised August 1999. Page20 of 20 EXHIBIT B Schedule of Fire Prevention & Control Fees FIRE PREVENTION & CONTROL PERMIT FEES The following fees shall be assessed on all applications for building permit: Fire Code Co,'mpliance Plan Review Fees* 1) The fee for fire plan review shall bc 15% of the Collier Cotmty building (structural portion) permit fee. 2) The fee for fire plan review of fire sprinkler and fire alarm systems shall be $0.001 per square foot of gross floor are~ 3) The fee for fire plan review of Site Development Plans (SDPs) shall be $25.00 4) The permit application fee for fire plan review shall be 15% of the Collier County building pcrmit application fee or $25.00, whichever is greater. 5) The fee for fire plan review of as-built drawings shall be 15o,4 of the general Collier County permit fee for as-built reviews provided for by oounty re~olution. 6) The minimum fire plan review fee shall be $25.00 Fire Code Compliance Inspection Fees* 1) For valuation of construction costs less than $1,000,000.00 -- a fee of $0.015 per square foot ofgross floor area. For valuation of construction costs of $1,000,000.00 or ~er - a fee of $0.020 per square foot of gross floor area. For Fire Sprinkler Syst~s, the fee shall be $0.005 per squaxe foot of gross floor area. For Fire Alarm Systems, the fee shall be $0.005 per square :foot of gross' floor area. 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) For Exhaust Hoods, $40.00 shall be assessed per hood. For Hood Suppression Systems/Spray Extinguishing Systems, the fee shall be $6.25 per sprinkler or spray head. For Fire Pumps, the fee shall be $120.00 per pump. For Underground Private Fire Service Water Mains, the fe~ shall be $80.00 per building/system served. For Fi~e Standpipe Systems, the fee shall be $80.00 per system. ForDraffing Hydrant and Alternative Water Supply Systemas the fee shall be $120.00 per installation. For Street Name changes, the fee shall be $120.00 per chatage. For Flammable or Combustible Liquid Tanks - The permit foe for each flammable or combustible liquid tank or tank system shall be calculated at $49.00 for the first 2,000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5,000 gallons of gross water capacity of the tank or fraction thereof. 13) For Liquefied Petroleum Gas Tanks or Systems - The perartit fee for each L.P tank or tank system shall be calculated at $49.00 for the first 2,000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5,000 gallons of gross water capacity of the tank or fraction thereof. 14) The minimum gas permit fee shall be $49.00 15) The minimum fire code compliance inspection perufit fee sixall be $40.00. REI]qSPECWION FEE - Reinspections of any type shall result in ~n additional fee of $25.00 per unit inspection for the first reir~pection, $40.00 for the second reinspection, and $50.00 for the thinat and each successive reinspection. .. Gross Floor Area is defined as that total area of the structure(s) under roof-. 2 EXCEPTIONS: Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that do not present a fire protection concern, i.e., s!~rlmming I:}0018, concrete decks, radio transmission towers, etc., are exempt from fire prevention permit fees. The Office of the Fire Code Offidal shall make this determination. 3)' Fire strandpipe systems, when part of a combination system nnith fire sprinklers, do not require either a separate permit or permit fee. *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners,.for other various services such as open burning permits, firewo~ displays, etc.. Please refer to the appropriate resolution of the fire district. August 1999 3 i', , RESOLUTION NO. 2000- A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES, INCLUDING: PROVIDING FOR NEW AND REVISED BUILDING PER3IIT AND LAND USE PETITION FEES; REFLECTING CURRENT FEES FOR FIRE CODE PLAN REVIEW AND PREVENTION PERMITS COLLECTIVELY ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS IN COLLIER COUNTY AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON NOVEMBER 28, 2000; ADOPTING THAT SAME SCHEDULE OF FEES FOR THE DEPENDENT FIRE DISTRICTS IN COLLIER COUNTY; UPDATING LANGUAGE TO REFLECT CURRENT NOMENCLATURE; SUPERSEDLNG RESOLUTION 99-328. WI-IEP,.EAS, the Collier County Land Development Code, Section provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sale of documents, review, resubmission and any other zon2ng or development related service and any other services provided or costs incurred by the County; and WHEREAS, the Board of County Commissioners approved Resolution 99-328 establishing a schedule of development related review and processing fees on August 3, 1999; and WHEREAS, many operations within Community Development and Environmental Services Division are funded by user fee revenues; and, WHEREAS; staff has fully evaluated the costs of reviewing, inspecting, processing, and evaluating these user funded activities; and WHEREAS, the new or increased fees for certain development or building review related activities or petition types, including but not limited to, site development plans, fezones, conditional uses, building permit applications and related inspections are reflective of the actual cost of processing and reviewing such petitions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the fees set forth in the Schedule of Development Review and Building Permit Fees, attached hereto, and incorporated by reference herein as Exhibit "A" and Sahedule of Fire Prevention and 1 Control Fees, attached hereto and incorporated by reference herein as Exhibit "B" are fair and reasonable sums to be assessed to those who receive the benefits of these services, reviews and inspections required by the Land Development Code and the County Permitting process. BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 99-328 is hereby superseded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring same. Done the ~ day of 2000 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Marjofi~ M. Stude'nt -- Assistant County Attorney 2 Exhibit "A" DRAFT COPY Schedule of Development Review and Building Permit Fees A) ADMINISTRATION Appeals & Interpretations Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code) Interpretation request submitted in conjunction with a land use petition or requested during an application review process Determination of Vested Rights $275.00 $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) Appeal of Vested Rights Determination Amendment to Land Development Code Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC) $100.00 $1,200.00 $500.00 (non-refundable) Revised December 2000 Page 1 of 24 II Exhibit "A" DRAFT COPY Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC) B) BLASTING PERMITS & INSPECTIONS 30 day permit fee, non-refundable payable upon application 90 day permit fee, non-refundable payable upon application Yearly permit fee, non-refundable payable upon application Renewal permit fee, non-refundable payable upon application After-the-fact fee, due to blasting without the benefit of permit Fine fee, per detonated shot with after-the-fact permit Handler fee, for handler who assists the user or blaster in the use of explosives In addition to the blasting permit application fees, the following inspection fees shall be paid upon issuance of a blasting permit. Blasting Inspection Fee: Trench Blasting: Quarry Blasting: The fee for quarry blasting shall be an annual fee based on the estimated number of blasts per year at $75.00 each. (This number may be adjusted based on the actual number of blasts occurring within a given year.) $500.00 $85.00 ' $200.00 $500.00 $100.00 $2,500.00 $100.00 $25.00 $25.00 $50.00 (non-refundable) (per acre) (per linear foot) Revised December 2000 Page 2 of 24 Exhibit "A" DRAFT COPY C) ENVIRONMENTAL/LANDSCAPING Agricultural Clearing .Permit First acre or fraction of an acre Each additional acre or fraction of an acre Environmental Impact Statement (EIS) Landscape Re-inspection 1 st 2nd Every inspection after 2nd Special Treatment Review (ST) First five acres or less Each additional acre (or fraction thereof'): Coastal Construction Control Line (CCSL) CCSL Permit Dune Walkover Dune Restoration Variance Petition Sea Turtle Permit Sea Turtle Handling Permits Sea Turtle Nesting Area Construction Permit Sea Turtle Nest Relocation Page 3 of 24 Re~sed December 2000 $150.00 $50.00 $500.00 $50.00 $75.00 $100.00 $150.00 $50.00 $150.00 $200.00 $1000.00 $25.00 $200.00 $100.00 ($1,500.00 maximum ) ($1,500.00 Maximum) I Exhibit "A" DRAFT COPY D) Vegetation Removal Permit First acre or fraction of an acre Each additional acre or fraction thereof: Vehicle on the Beach Permit Application * Permit fee shall be waived for public and non-profit organizations engaging in bona fide environmental activities for scientific, conservation or educational purposes. After-the-fact Environmental or Landscape Permits CCSL Variance Petition All other Environmental or Landscape Permits & Inspections EXCAVATION PERMITS Annual Renewal Application (Private) Application (Commercial) Application (Development) Permit for private and development excavations (Upon approval of application, fee not to exceed $3,000:00): 1) 0-2000 cubic yards excavated material 2) Each additional 1,000 cubic yards excavated material 3) Over-excavation penalty per cubic yards Reapplication Road Impact Analysis Revised December 2000 Page 4 of 24 $150.00 $50.00 ($1,500.00 maximum) $250.00* 2x normal fee 4x normal fee. $100.00 $100.00 $850.O0 $125.00 $64.00 $3.00 $1.oo $64.00 $125.oo E) Exhibit "A" DRAFT COPY Time Extension After-the-fact Excavation Permit RIGHT-OF-WAY PERMITS Right of Way Construction Permit* (Right-of-way permits issued in conjunction with an approved subdivision shall not require payment of right-of-way construction permit fee.) Right of Way Construction Permit Renewal Reinspection fees: 1st 2nd Each inspection after 2nd Jack-and-bore Open-cut construction PSC regulated or County Franchised Utilities Sprinkler Head Placement in County ROW Turn-lane/median construction After-the Fact permits $50.00 4x normal fee $125.00 $50.00 $50.00 $75.00 $100.00 $170.00 $235.00 $85.00 $25.00 ROW Construction Permit Fee Plus applicable Inspection Fee 4 x normal fee (Max. $1,000) *NOTE: In addition to the right-of-way permit application fee, the applicant shall pay a $50.00 per day inspection fee based on the number of work days as determined by the engineer or agent of record. Right-of-way permits limited to the authorization of driveway connections shall be exempt from the inspection fee. Revised December 2000 Page 5 of 24 Exhibit "A" DRAFT COPY SITE DEVELOPMENT PLANS Site Development Plan Review (SDP) Utility Plan Review & Inspection Fees Construction Document Review Construction Inspgction Construction Document Resubmission or Document Modification Submit as insubstantial change Site Development Plans o 3rd and subsequent additional reviews $750.00 (plus $10.00 per D/U plus $25.00 per residential building structure; plus_$.03 per square foot plus $25.00 per building for non-residential. 0.50% of probable water and/or sewer construction costs 1.50% of probable water and/or sewer constructlob costs $100.00 for first sheet $50.00 for each additional sheet $300.00 Site Development Plan Amendment Site Development Plan Insubstantial Change Site Development Plan Time Extension Site Development Plan Conceptual Review $1,000.00 $100.00 for firm sheet $50.00foreach additionalsheet $100.00 $250.00 Revised December 2000 Page 6 of 24 Exhibit "A" DRAFT COPY Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. Site Improvement Plan Review (SIP) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. G) SUBDMSION Lot Line Adjustment $250.00 per phase. $750.00 Four x the SIP/SDP application fee $125.00 Subdivision Review Fees Construction Document Review Construction Document Resubmission or Document Modification - Submit as Insubstantial Change $0.42% of probable cost ot construction $85.00 Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approved construction documents Subdivision Inspection Fee $425.00 1.3% of probable cost of construction for const. inspection. Revised December 2000 Page ? of 24 Exhibit "A" DRAFT COPY Subdivision, Preliminary Plat (PSP) Petition Application Administrative Amendment Final Plat Additional review of construction plans for phased construction of subdivision improvements. Two-year Extension Water and Sewer Facilities Construction Document Review Construction Document Resubmission or Document Modification Construction Inspection Revised December 2000 Page 8 of 24 $500.00 plus $5.00 per acre for residential; plus $10.00 per acre for non-residential; (mixed use is residential) $250.00 $500.00 plus $5.00 per acre for residential; $500.00 plus $10.00 per acre for nonresidential; (mixed use is residential) $500,00 per phase $100.00 0.50% of probable water and/or sewer construction costs 0.25% of probable water and/or sewer construction costs 1.50% of probable water and/or sewer construction costs Exhibit "A" DRAFT COPY Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other !and alteration not depicted on, or otherwise authorized as a part of the approved construction plans or iaermit. Four x the PSP'or Final Plat Review Fee. TEMPORARY USE PERMITS Beach Events Permits Individual Permit Block of 25 calendar days Block of 50 calendar days Block of 75 calendar days Block of 100 calendar days Block of 125 calendar days Block of 150 calendar days $100.00 $2,25O.OO $4,500.00 $6,750.00 $9,000.0O $11,250.00 $13,500.00 Temporary Use Permit Special Sales & Events Model Homes and Sales Centers Construction and Development Residential and Non-Profit Garage and Yard Sale Permits Temporary Use Amendment, Renewal or Extension $125.00 $250.00 $125.00 $100.00 No Charge Twice the fee for renewals or extensions requested at~er the expiration date. Revised December 2000 Page 9 of 24 I Exhibit "A" DRAFT COPY Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits Political Signs (Bulk Temporary Permit) WELL PERMITSflNSPECTIONS* Hydraulic elevator shaft permit Test hole permit (including 1st six holes) - each additional hole Well permit (abandonment) Well permit (construction or repair) Well permit (monitoring) Well Permit (modification of monitor or test well to a production well) *NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordan'ce with the above listed schedule. Well Reinspections First Reinspection Second Reinspection Third Reinspection After-the-fact well permits $275.00 $5.00 $130.00 $50.00 $5.00 $20.00 $75.00 $5O.O0 $25.00 $50.00 $75.00 $100.00 3x normal ~e per violation. Revised December 2000 Page 10 of 24 K) Exhibit "A" DRAFT COPY ZONING/LAND USE PETITIONS Alcoholic Beverage or Service Station Separation Requirement Waiver Boat Dock Extension Petition Conditional Use Petition ($300.00 when filed with Rezone Petition) Conditional Use Extension DRI Review (In addition to cost of fezone) DRI/DO Amendment Flood Variance Petition Interim Agriculture Use Petition Non-Conforming Use Change/Alteration Off-Site and Shared Parking Amendment PUD Amendments (PDAs) Minor Major *Minor & Major: *Property owner notifications: **Note: Petitioner to pay this amount after receipt of invoice from Planning Services Department. Petition will not be advertised until payment is received. Revised December 2000 Page 11 of 24 $1ooo.oo $1oo0.oo $2000.00 $250.o0 $2500.00 plus $25.00 an acre $150o.00 $1ooo.oo $35o.0o $1ooo.oo $1ooo.oo $1500.00' $2500.00* $1.00 non-certified mail $3.00 certified return r.eceipt mail Exhibit "A" DRAFT COPY Planned Unit Development Amendment (Insubstantial) Rezone Petition (Regular) Rezone Petition (to PUD) Street Name Change (Platted) Street Name (unplatted) or Project Name Change Variance Petition Variance (Administrative) Zoning Certificate: Residential: Commercial: After-the-Fact Zoning/Land Use Petitions $1000.00 $2100.00 plus $25.00 an acre $3000.00 plus $25.00 an acre plus $1.00 for each property owner requiring notification of proposed street name change. $200.00 $1000.00 $400.00 $50.00 $125.00 2xthe normalpetition ~e L) MISCELLANEOUS Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) per site plan or land use petition $25.00 per site plan or land use petition $15.00 per amendment (PUD, site plan, etc.) Revised December 2000 Page 12 of 24 Exhibit "A" M) DRAFT COPY Official Zoning Atlas Map Sheet Publications, maps, reports and photocopies. $.50 as set forth in Resolution 98-498, as amended. Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property Research: The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge BUILDING PERMIT APPLICATION FEE A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. Application fee will be computed as follows: Single family and duplex* -$05 per sq. fl. with minimum of $100.00 Multi-Family & Commercial* - $05 per sq. fl. up to 10,000 sq. fl. - $025 for square footage over 10,000 sq. ft. * Maximum application fee shall NOT exceed $5,000.00. Minimum 'fee of $50.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. Revised December 2000 Page 13 of 24 I Exhibit "A" DRAFT COPY N) O) BUILDING PERMIT FEES The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table, whichever is greater. 1) Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. EXCEPTION: All work involving structural components anc[/or fire rated assemblies requires permits and inspections regardless of construction cost; signs must secure permits as stated in Collier County Ordinance No. 91-102, as amended. 2) Valuation a) b) of construction costs of $750.00 through $4,999.99 - With one or no inspections - $50.00 With multiple inspections - $100.00 3) Valuation a) b) of construction costs of $5000.00 through $49,999.99 - With one or no inspections - $17.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $30.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. 4) Valuation of construction costs of $50,000.00 through $1,000,000.00 - a) $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. 5) Valuation of construction costs over $1,000,000.00 - a) $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. ELECTRICAL PERMIT FEES The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: Revised December 2000 Page 14 of 24 Exhibit "A" DRAFT COPY P) 1) 3) 4) $0.40 per ampere rating of all single-phase panelboards. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply: When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. 5) The minimum for any electrical permit shall be $50.00 per unit or tenant space. 6) Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. PLUMBING PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $36.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. 2) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof~, or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy classification shall be charged at the rate of $1.00 per fixture unit; or c) Minimum of $50100 for. each occupancy or tenant space. Revised December 2000 Page 15 of 24 Exhibit "A" DRAFT COPY 3) 4) 5) 6) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. 2) Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: a) The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 3) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee Whichever is greater. 4) The cost of retrofit piping shall be computed at the minimum fee of $36.00 per floor for each cooling tower, or $36.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 5) The minimum mechanical permit fee shall be $50.00. Revised December 2000 Page 16 of 24 Exhibit "A" R) DRAFT COPY FLAMMABLE COMBUSTIBLE LIQUID STORAGE TANK/GAS PERMIT FEES 1) FLAMMABLE OR COMBUSTIBLE TANKS - The fee for each flammable or combustible liquid tank shall be calculated at $39.00 for the first 5000 gallons of gross water capacity of the tank and an additional $16.00 for each additional 20,000 gallons of gross water capacity of the tank or fraction thereof. 2) LIQUEFIED PETROLEUM (L.P.) GAS -The permit fee for tanks or tank systems greater than 24 gallon capacity or 100 pounds liquefied petroleum (L.P.) gas capacity shall be $50.00 with an additional $14.00 for each additional 20,000 gallons of capacity or fraction thereof. 3) The minimum gas permit fee shall be $50.00. EXCEPTION: Permitted installations that use a tank exchange service need not apply for additional permits to exchange empty tanks for full tanks if the tank size or system capacity is not increased. s) T) V) FIRE PREVENTION AND CONTROL PERMIT FEES The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $75.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. CHICKEES AND SIMILAR STRUCTURES The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in'accordance with Section B o£ this Resolution. Revised December 2000 Page 17 of 24 w) x) Exhibit "A" DRAFT COPY Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a) Valuation &construction costs of up to $4,999.99- $100.00 b) Valuation &construction costs of $5000.00 through $49,999.99 - $30.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c) Valuation of construction costs of $50,000.00 through $1,000,000.00- $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d) Valuation of construction costs over $1,000,000.00 - $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. For construction of each private pool or spa the fee shall be - $100.00 SCREEN ENCLOSURE PERMIT & PAN ROOF FEES Construction costs shall be calculated as follows: 1) Screen Roof 2) Pan Roof 3) Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only) --- $3.00 per sq. ft. of floor area. (Screen Walls Only) --- $2.00 per sq. ft. of floor area. (Screen Walls Only) The screen enclosure or roof fee will then be calculated in accordance with Section A of this Resolution. SIGN PERMIT FEES Sign permit fees will be calculated in accordance with both: 1) 2) Section N) Building Permit Fees and Section O) Electrical Permit Fees (if applicable) The minimum sign permit fee shall be $75.00. Revised December 2000 Page 18 of 24 Exhibit "A" DRAFT COPY ' NOTE: Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in item (X) above. Y) CONVENIENCE PERMIT FEES Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Z) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections B through G above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a) An itemized list of all changes made after permit plan approval. b) As-built plans that have all changes made after permit plan approval "clouded". c) As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. Revised December 2000 Page 19 of 24 Exhibit "A" DRAFT COPY 3) CORRECTIONS TO PLANS a) b) c) 4) First Correction to Plans Second Correction to Plans Third & subsequent correction to plans PERMITS REQUIRED AA) no charge $75.00 $100.00 Permits will be required to make corrections to any deficiencies found. This fee shall be paid prior to plan review. PERMIT EXTENSION The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES cc) DD) The permit fee shall be $50.00 for the demolition of any building or structure. PRE-MOVING INSPECTION FEES The fee shall be $150.00 for the pre-moving inspection of any building or structure. INSPECTION FEES A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. Revised December 2000 Page 20 of 24 Exhibit "A" DRAFT COPY EE) Fg) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) First Partial inspection for single-family & tenant buildout - $50.00 Second & subsequent partial inspections for single-family & tenant buildout - REINSPECTION FEES $200.00 Reinspections for any type of building permit shall result in an additional fee of $50.00 per inspection for the first reinspection, $75.00 for the second reinspection and $100.00 for the third and each successive reinspection.. FAILURE TO OBTAIN A PERMIT Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. GG) LICENSING The fee for licensing items is as follows: Letters of Reciprocity $3.00 Contractors Change of Status $10.00 Voluntary Registration of State Certified Contractors $10.00 Pictures $2.00 Laminating $1.00 (per license) Revised December 2000 Page 21 of 24 J J) LL) Exhibit "A" MM) DRAFT COPY DUPLICATE PERMIT CARDS The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CHANGE OF CONTRACTOR OR SUBCONTRACTORS To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. PERMIT FEE REFUNDS If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded-provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. RECORD RETRIEVAL · The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or $3.75 per file whichever is greater. COPY FEES The fee for blueprint and miscellaneous copying shall be as follows: Microfilm copies, standard documents $2.00 each. Microfilm copies, of plan $5.00 each. Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per - page for 36 X 48. RESEARCH The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge. Revised December 2000 Page 22 of 24 Exhibit "A" DRAFT COPY NN) oo) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. ELECTRONIC DATA CONVERSION SURCHARGE A s~rcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A fiat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. PP) REGISTRATION OF RENTAL DWELLINGS QQ) 1. The fee for registration of rental dwellings is as follows: 1) Initial Registration Fee - $15.00 2) Annual Renewal - $10.00 Fee Waiver Procedures Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. The Board may consider allowing fee waivers for temporary use permits for special events and for right-of-way permits to place temporary signs within the right-of-way for recurring events, subject to the following criteria: a) Fee waivers for recurring events within any 12-month period. The Board may grant a sin~gle fee waiver to cover multiple recurring events within any 12-month peri9d provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30 day period. Revised December 2000 Page 23 of 24 Exhibit "A" DRAFT COPY b) c) Fee waivers for recurring annual and semi-annual events. The Board may grant a single fee waiver to cover multiple recurring events within any 3-year period provided the total number of events does not exceed 6 and that no more than 2 events are scheduled within any 12 month period. Limitations on fee waivers for recurring events. Requests for waivers of fees for recurring events shall specify the number of events and approximate date or expected occurrences of such events. Events exceeding the number or time frames approved by the Board shall require the submission of a new request for fee waiver. Revised November 2000. Revised December 2000 Page 24 of 24 EXHIBIT B Schedule of Fire Prevention & Control Fees Fire Prevention & Control Permit Fees: l) 2) 3) 4) 5) 6) 7) 8) 9) lO) ~2) 13) The following fees shall be assessed on all applications for building permits: Fire Code Compliance Plan Review Fees: Architectural plan review fees -. 1% of the job value. Fire sprinkler systems (new installations)' Fire sprinkler.systems (remodeling) Underground Fire Line Standpipes Fire Pumps (up to and including 500 gpm) Fire Pumps (over 500 gpm) Pre-engineered Systems (new) Pre-engineered Systems (remodel) Total Flood Systems (new) Total Flood Systems (remodel) Fire Alarm Systems (zoned systems) Fire Alarm Systems (intelligent system) - $30.00 + $.50 per head (rounded up). - $30.00 + $1 per head altered or added. -$30.00 + $.20 per foot (rounded up) - $30.00 + $50.00 per riser. - $50.00 - $75.00 - $30.00 +$10.00 per bottle of suppression agent. - $30.00 + $1.00 per head altered or added. - $30.00 + $50.00 per bottle of suppression agent. - $30.00 + $1.00 per head altered or added. - $30.00 + $5.00 per indicating or initiating circuit. - $30.00 + $.50 per indicating or initiating device. 1 14.) 15) 16) 18) 19) 20) Installation of pollutant storage tanks: Above ground Underground Pollutant Storage Tank Removal Above ground Underground Pollutant Storage Tank Abandonment LPG Installations Above ground Underground LPG Tank Removal LPG Tank Abandonment - $30.00 + $20.00 per tank - $30.00 + $30.00 per tank - $40.00 - $40.00 - $50.00 (requires notarized letter of consent from property ou/ner) - $30.00 + $10.00 per tank - $30.00 + $20.00 per tank - $40.00 per tank - $50.00 (requires notarized letter of authorization from the property owner) All fees listed above include the initial review and one re-review. Additional reviews will be provided in accordance with the following schedule: 2na re-review 10% of original review $30.00 3~ re-review 25% of original review $50.00 4th re-review 50% of original review $100.00 5th re-review 100% of original review $200.00 Be 2) 3) 4) 5) 6) Fire Code Compliance Inspection Fees For valuation of construction costs less than $1,000,000.00 - a fee of $0.015 per square foot of gross floor area. For valuation of construction costs of $1,000,000.00 or greater - a fee of $0.020 per square foot of gross floor area. For fire sprinkler systems, the fee shall be $0.005 per square foot of gross floor area. For fire alarm systems, the fee shall be $0.005 per square foot of gross floor area. For exhaust hoods, $40.00 shall be assessed per hood. extinguishing systems, the fee shall be $6.25 per 2 For hood suppression systems/spray sprinkler or spray head. 7) For fire pumps, the fee shall be $120.00 per pump. 8) For underground private fire service water mins, the fee shall be $80.00 per building/system served. 9) For fire standpipe systems, the fee shall be $80.00 per system. For drafting hydrant and alternative water supply systems the fee shall be $120.00 per installation. 11) For street name changes, the fee shall be $120.00 per change. 12) For flammable or combustible liquid tanks - The permit fee for each flammable or combustible liquid tank or tank system shall be calculated at $49.00 for the first 2,000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5000 gallons of gross water capacity of the tank or fraction thereof. 13) For liquefied petroleum gas tanks or systems - The permit fee for each L.P tank or tank system shall be calculated at $49.00 for the first 2000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5000 gallons of gross water capacity of the tank or fraction thereof. 14) The minimum gas permit fee shall be $49.00. 15) The minimum fire code compliance inspection permit fee shall be $40.00. Gross Floor Area is defined as that total area of the structure(s) under roof. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that do not present a fire protection concern, i.e., swimming pools, concrete decks, radio transmission towers, etc., are exempt from fire prevention permit fees. The Office of the Fire Code Official shall make this determination. 3) Fire standpipe systems, when part of a combination system with fire sprinklers, do not requi're either a separate permit or permit fee. General Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks displays, etc.. Please refer to the appropriate'resolution of the fire district. REINSPECTION FEE Reinspections of any type shall result in an additional fee of $25.00 per unit inspection for the first reinspection, $40.00 for the second reinspection, and $50.00 for the third and each successive reinspection. November 2000 4 Memorandum To: From: Re: Date: Tom Olliff, County Manager Bob Mulhere, AICP, Director Planning Services Department Fee Schedule Amendments - Agenda Item 16(A) 17 Saturday, December 09, 2000 On the consent agenda for the December 12, 2000 BCC meeting there is a resolution to adopt a new fee schedule for development review and permitting fees. The recommended fee increases are a result of an activity specific analysis conducted by staff to identify those fees that currently do not reflect the actual cost to process the p~tion or conduct the activity. Detailed information is provided in the executive smmnary. At the time of staff preparation of the executive summary we had not yet presented the proposed fee increases to the full Development Services Advisory Committee (DSAC), although staff did work with an ad hoc committee of the larger DSAC. We were unable to present the fee schedule to the full DSAC in November, as the DSAC did not achieve a quorum at their November meeting. We did present the fee increase to the full DSAC on Wednesday (12/6/00) and received a unanimous recommendation for approval. We do strive to get this type of information to the Board as much in advance of their meeting as is possible and we apologize for these last minute revisions. One other item, it was necessary to make several minor revisions to Attachment "A" of the fee schedule that are not reflected in your packet but which were endorsed by DSAC. These include a provision for a pre-application meeting fee, increasing several basic permit fees from $36.00 to $50.00, and correction of some typographical errors. The fee schedule attached to this memo depicts these changes ~',, ~.4~,4~ .u .....u u~ .....~ ~.~w... deletions and underlining additions. The revised fee schedule has been attached to the original resolution for the Chairman's signature and I have attached a copy of it to this memorandum. Cc.' The Board of County Commissioners Sue Filson, BCC Administrative Assistant John M. Dunnuck, III, Interim Administrator Community Development & Environmental Services Judy Bodine, County Manager's Office A D IT Exhibit "A" Schedule of Development Review and Building Permit Fees A) ADMINISTRATION Appeals & Interpretations Official Imerpretafion Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code) Interpretation request submitted in conjunction with a land use petition or requested during an application review process Determination of Vested Rights $275.00 $100.00 $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) Appeal of Vested Rights Determination Amendment to Land Development Code Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC) $100.00 $1,200.00 $500.00 (non-refundable) Page 1 of 23 Revised December 2000 Exhibit "A" Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC) B) BLASTING PERMITS & INSPECTIONS 30 day permit fee, non-refundable payable upon application 90 day permit fee, non-refundable payable upon application Yearly permit fee, non-refundable payable upon application Renewal permit fee, non-refundable payable upon application After-the-fact fee, due to blasting without the benefit of permit Fine fee, per detonated shot with after-the-fact permit Handler fee, for handler who assists the user or blaster in the use of explosives In addition to the blasting permit application fees, the following inspection fees shall be paid upon issuance of a blasting permit. Blasting Inspection Fee: Trench Blasting: Quarry Blasting: The fee for quarry blasting shall be an annual fee based on the estimated number of blasts per year at $75.00 each. (This number may be adjusted based on the actual number of blasts occurring within a given year.) $500.00 $85.00 $200.00 $500.00 $100.00 $2,500.00 $100.00 $25.00 $275.00 $50.00 (non-refundable) (per acre) (per linear foot) Revised December 2000 Page 2 of 23 Exhibit "A" C) ENVIRONMENTAL/LANDSCAPING Agricultural Clearing Permit First acre or fraction of an acre Each additional acre or fraction of an acre Environmental Impact Statement (ELS) Landscape Re-inspection 1st Every inspection after 2nd Special Treatment Review (ST) First five acres or less Each additional acre (or fraction thereof): Coastal Construction Control Line (CCSL) CCSL Permit Dune Walkover Dune Restoration Variance Petition Sea Turtle Permit Sea Turtle Handling Permits Sea Turtle Nesting Area Construction Permit Sea Turtle Nest Relocation $150.00 $50.00 $500.00 ($1,500.00 maximum ) $50.00 $75.00 $100.00 $150.00 $50.00 ($1,500.00Maximum) $150.00 $200.0O $1000.00 $25.00 $200.00 $100.00 Page 3 of 23 Revised December 2000 Exhibit "A" D) Vegetation Removal Permit First acre or fraction of an acre Each additional acre or fraction thereot~ Vehicle on the Beach Permit Application * Permit fee shall be waived for public and non-profit organizations engaging in bona fide environmental activities for scientific, conservation or educational purposes. At~er-the-fact Environmental or Landscape Permits CCSL Variance Petition All other Environmental or Landscape Permits & Inspections EXCAVATION PERMITS Annual Renewal Application (Private) Application (Commercial) Application (Development) Permit for private and development excavations (Upon approval of application, fee not to exceed $3,000.00): l) 0-2000 cubic yards excavated material 2) Each additional !,000 cubic yards excavated matehal 3) Over-excavation penalty per cubic yards Reapplication Road Impact Analysis Revised December 2000 Page 4 of 23 $150.00 $50.00 $250.00* 2x normal fee 4x normal fee. $100.00 $100.00 $850.00 $125.00 $64.00 $3.00 $1.00 $64.00 $125.00 ($1,500.00 maximum) Exhibit "A" E) Time Extension After-the-fact Excavation Permit RIGHT-OF-WAY PERMITS Right of Way Construction Permit* (Right-of-way permits issued in conjunction with an approved subdivision shall not require payment of right-of-way construction permit fee.) Right of Way Construction Permit Renewal Reinspection fees: 1st 2nd Each inspection alter 2nd Jack-and-bore Open-cut construction PSC regulated or County Franchised Utilities Spr'mkler Head Placement in County ROW Turn-lane/median construction At~er-the Fact permits $50.00 4x normal fee $125.00 $50.00 $50.00 $75.OO $100.00 $170.00 $235.00 $85.OO $25.00 ROW Construction Permit Fee Plus applicable Inspelion Fee 4 x normal fee (Max. $1,000) *NOTE: In addition to the right-of-way permit application fee, the applicant shall pay a $50.00 per day inspection fee based on the number of work days as determined by the engineer or agent of record. Right-of-way permits limited to the authorization of driveway connections shall be exempt from the inspection fee. Page 5 of 23 Revised December 2000 Exhibit "A" F) SITE DEVELOPMENT PLANS Site Development Plan Review (SDP) Pre-applicafion fee Ut'fiity Plan Review & Inspection Fees Construction Document Review Construction Inspection Construction Documem Resubmission or Document Modification Submit as insubstantial change Site Development Plans - 3rd and subsequent additional reviews $750.00 (plus $10.00 per DFLI plus $25.00 per residential building structure; plus $.03 per square foot plus $25.00 per buildt'tUg for non-residential. $300.00 (to be credited toward application fee upon submittal.) 0.50% of probable water and/or sewer construction costs 1.50% of probable water and/or sewer construction costs $100.00 for first sheet $50.00 for each additional sheet $300.00 Site Development Plan Amendment $1,000.00 or $750.00 (plus $10.00 per D/U plus $25.00 per residential building structure; plus $,03 per square foot plus $25.00 per building for Revised December 2000 Page 6 of 23 Exhibit "A" Site Development Plan Insubstantial Change Site Development Plan Time Extension Site Development Plan Conceptual Review Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. Site Improvement Plan Review (SIP) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. G) SUBDMSION Lot Line Adjustment non-residential, whichever is greater. $100.00 for first sheet $50.00 for each additional sheet $100.00 $250.00 $250.00 per phase. $750.00 Four x the SIP/SDP application fee $125.00 Subdivision Review Fees Construction Document Review Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $0.42% of probable cost of construction eo~ an $100.00 for first sheet $50.00 for ach additional sheet Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approved Revised December 2000 Page 7 of 23 Exhibit "A" construction documents Subdivision Inspection Fee Subdivision, Preliminary Plat (PSP) Petition Application Administrative Amendment Final Plat Additional review of construction plans for phased construction of subdivision improvements. Two-year Extension Water and Sewer Facilities Construction Document Review Construction Document Resubmission or Document Modification Revised December 2000 Page 8 of 23- $425.00 1.3% of probable cost of construction for const. inspection. $500.00 $250.00 $500.00 plus $5.00 per acre for residential. Lp_llus $10.00 per acre for non-residential; (mixed use is residential) plus $5.00 per acre for residential; $500.00 plus $10.00 per acre for nonresidential; (mixed use is residential) $500.00 per phase $100.00 O. 50% of probable water and/or sewer construction costs 0.25% of probable water and/or sewer construction costs Exhibit "A" Construction Inspection Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. i) TEMPORARY USE PERMITS Beach Events Permits Individual Permit Block of 25 calendar days Block of 50 calendar days Block of 75 calendar days Block of 100 calendar days Block of 125 calendar days Block of 150 calendar days Temporary Use Permit Special Sales & Events Model Homes and Sales Centers Construction and Development Residential and Non-Profit Garage and Yard Sale Permits Temporary Use Amendment, Renewal or Extension 1.50% of probable water and/or sewer construction costs Four x the PSP or Final Plat Review Fee. __ $100.00 $2,25O.OO $4,500.00 $6,750.00 $9,00O.OO $11,250.00 $13,500.00 $125.00 $25O.0O $125.00 $100.00 No Charge Twice the fee for renewals or extensions Page 9 of 23 Revised December 2000 Exhibit "A" J) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits Political Signs (Bulk Temporary Permit) WELL PERMITS/INSPECTIONS* Hydraulic elevator shaf~ permit Test hole permit (including 1 st six holes) - each additional hole Well permit (abandonment) Well permit (construction or repair) Well permit (monitoring) Well Permit (modification of monitor or test well to a production well) *NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. Well Reinspections First Reinspection Second Reinspection Third Reinspection After-the-fact well permits $275.00 $5.00 requested aRer the expiration date. $130.00 $50.00 $5.00 $20.00 $75.00 $50.00 $25.00 $50.00 $75.00 $100.00 3x normalfee per viol~ion. Revised December 2000 Page 10 of 23 Exhibit "A" ZONING/LAND USE PETITIONS Pre-application fee Alcoholic Beverage or Service Station Separation Requirement Waiver Boat Dock Extension Petition Conditional Use Petition ($300.00 when filed with Rezone Petition) Conditional Use Extension DRI Review (In addition to cost ofrezone) DRU DO Amendment Flood Variance Petition Interim Agriculture Use Petition Non-Conforming Use Change/Alteration Off-Site and Shared Parking Amendment PUD Amendments (PDAs) Minor Major *Minor & Major: ~Property owner notifications: $300.00 (to be credited toward application fee upon submittal.) $1000.00 $1000.00 $2OOO.OO $250.00 $25OO.OO $1500.00 $1000.00 $35O.OO $1000.00 plus $25.00 an acre $1000.00 $1500.00' $2500.00* $1.00 non-certified mail $3.00 certified return receipt mail Page 11 of 23 Revised December 2000 Exhibit "A" *Note: Petitioner to pay this amount after receipt of invoice from Planning Services Department. Petition will not be advertised until payment is received. Planned Unit Development Amendment (Insubstantial) Rezone Petition (Regular) Rezone Petition (to PUD) Street Name Change (Platted) Street Name (unplatted) or Project Name Change Variance Petition Variance (Administrative) Zoning Certificate: Residential: Commercial: After-the-Fact Zoning/Land Use Petitions $1000.00 $2100.00 plus $25.00 an acre $3000.00 plus $25.00 an acre $200.00 plus $1.00 for each' property owner requiring notification of proposed street name change. $200.00 $1000.00 $400.00 $50.00 $125.00 2xthenorm~ petRion fee L) MISCELLANEOUS Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) per site plan or land use petition $25.00 per site plan or land use petition $15.00 per amendment (PUD, Page 12 of 23 Revised December 2000 Exhibit "A" M) site plan, etc.) Official Zoning Atlas Map Sheet Publications, maps, reports and photocopies. $.50 as set forth in Resolution 98-498, as amended. Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property Research: The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge BUILDING PERMIT APPLICATION FEE A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. Application fee will be computed as follows: Single family and duplex* 4.05 per sq. ft. with minimum of $100.00 Multi-Family & Commercial* - $.05 per sq. ft. up to 10,000 sq. ft. - $.025 for square footage over 10,000 sq. ft. * Maximum application fee shall NOT exceed $5,000.00. Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. Page 13 of 23 Revised December 2000 Exhibit "A" N) O) BUILDING PERMIT FEES The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table, whichever is greater. 1) Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost; signs must secure permits as stated in Collier County Ordinance No. 91-102, as amended. 2) Valuation of construction costs of $750.00 through $4,999.99 - a) With one or no inspections - $50.00 b) With multiple inspections - $100.00 3) Valuation of construction costs of $5000100 through $49,999.99 - a) With one or no inspections - $17.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. b) With multiple inspections - $30.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. 4) Valuation of construction costs of $50,000.00 through $1,000,000.00 - a) $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. 5) Valuation of construction costs over $1,000,000.00 - a) $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. ELECTRICAL PERMIT FEES The fees for electrical permits for flew structures or placement or relocation of structures shall be computed as follows: Revised December 2000 Page 14 of 23 Exhibit "A" 1) $0.40 per ampere rating of all single-phase panelboards. 2) $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. 3) When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. 4) Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. 5) The minimum for any electrical permit shall be $50.00 per unit or tenant space. 6) Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $36.ee 50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. 2) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof, or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy classification shall be charged at the rate of $1.00 per fixture unit; or Page 15 of 23 Revised December 2000 Exhibit "A" 3) 4) 5) 6) c) Minimum of $50.00 for each occupancy or tenant space. Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) 2) 3) Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. 4) 5) Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or t~) The rate of $3.00 per 425 square feet of floor area, or fraction thereof. A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $36.0050.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. The minimum mechanical permit fee shall be $50.00. Revised December 2000 Page 16 of 23 Exhibit "A" s) FIRE PREVENTION AND CONTROL PERMIT FEES The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES l) The permit fee shah be $50.00 to set-up a single-wade trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical ~d fire protection fees as applicable. CHICKEES AND SIMILAR STRUCTURES The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section B of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a) Valuation of construction costs of up to $4,999.99- $100.00 b) Valuation of construction costs of $5000.00 through $49,999.99 - $30.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c) Valuation of construction costs of $50,000.00 through $1,000,000.00- $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d) Valuation of construction costs over $1,000,000.00 - $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2 ) For construction of each private pool or spa the fee shall be - $100.00 Revised December 2000 Page 17 of 23 Exhibit "A" w) x) Y) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES Construction costs shall be calculated as follows: 1) Screen Roof 2) Pan Roof 3) Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only) --- $3.00 per sq. ft. of floor area. (Screen Walls Only) --- $2.00 per sq. ft. of floor area. (Screen Walls Only) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. SIGN PERMIT FEES Sign permit fees will be calculated in accordance with both: 1) 2) Section N) Building Permit Fees and Section O) Electrical Permit Fees (if applicable) The minimum sign permit fee shall be $75.00. ' NOTE: Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in item 0C) above. CONVENIENCE PERMIT FEES Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. REVISION AND AS BUILT PLAN REVIEW FEES~ CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall calculated using fee schedules outlined in Sections B through G above. The minimum permit fee for revisions to permitted projects shall be $50.00. Page 18 of 23 Revised December 2000 be Exhibit "A" AA) BB) 2) 3) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a) An itemized list of all changes made after permit plan approval. b) As-built plans that have all changes made after permit plan approval "clouded". c) As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. CORRECTIONS TO PLANS a) First Correction to Plans no charge b) Second Correction to Plans $75.00 c) Third & subsequent correction to plans $1oo.oo PERMIT EXTENSION The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES The permit fee shall be $50.00 for the demolition of any building or structure. PRE-MOVING INSPECTION FEES Page 19 of 23 Revised December 2000 Exhibit "A" co) DD) EE) The fee shall be $150.00 for the pre-moving inspection of any building or structure. INSPECTION FEES A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) First Partial inspection for single-family & tenant buildout -No charge Second & subsequent partial inspections for single-family & tenant buildout - $25.00 REINSPECTION FEES Reinspections for any type of building permit shall result in an additional fee of $50.00 per inspection for the first reinspection, $75.00 for the second reinspection and $100.00 for the third and each successive reinspection. FAII,URE TO OBTAIN A PERMIT Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any constmction code, law or ordinance of Collier County. LICENSING The fee for licensing items is as follows: Letters of Reciprocity $3.00 Page 20 of 23 Revised December 2000 Exhibit "A" m Contractors Change of Status Voluntary Registration of State Certified Contractors Pictures Laminating DUPLICATE PERMIT CARDS $10.00 $10.00 $2.00 $1.00 (per license) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CHANGE OF CONTRACTOR OR SUBCONTRACTORS To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. PERMIT FEE REFUNDS If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded-provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. RECORD RETRIEVAL The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or $3.75 per file whichever is greater. COPY FEES The fee for blueprint and miscellaneous copying shall be as follows: Microfilm copies, standard documents $2.00 each.' Microfilm copies, of plan $5.00 each. Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per page for 36 X 48. Page 21 of 23 Revised December 2000 Exhibit "A" LL) RESEARCH The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one half hour minimum charge. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. OO) REGISTRATION OF RENTAL DWELLINGS The fee for registration of rental dwellings is as follows: 1) Initial Registration Fee - $15.00 2) Annual Renewal - $10.00 PP) Fee Waiver Procedures Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. Revised December 2000 Page 22 of 23 Exhibit "A" The Board may consider allowing fee waivers for temporary use permits for special events and for right-of-way permits to place temporary signs within the right-of-way for recurring events, subject to the following criteria: Fee waivers for recurring events within any 12-month period. The Board may grant a single fee waiver to cover multiple recurring events within any 12-month period provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30 day period. b) Fee waivers for recurring annual and semi-annual events. The Board may grant a s'mgle fee waiver to cover multiple recurring events within any 3-year period provided the total number of events does not exceed 6 and that no more than 2 events are scheduled within any 12-month period. Limitations on fee waivers for recurring events. Requests for waivers of fees for recurring events shall specify the number of events and approximate date or expected occurrences of such events. Events exceeding the number or time frames approved by the Board shall require the submission of a new request for fee waiver. Revised December 2000 Page 23 of 23 EXECUTIVE SUMMARY ADOPT RESOLUTIONS AND ENTER INTO CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROADWAY SWEEPING AND MEDIAN MOWING AT SELECTED LOCATIONS WITHIN COLLIER COUNTY. O. BJECTIVE: To obtain Board approval to enter into contract renewal with the Florida Department of Transportation (FDOT) for roadway sweeping and median mowing at selected locations within Collier County on State roadways. CONSIDERATIONS: On October 21, 1997, the Board approved Agenda Item 16(B)(4), which provided for the FDOT to pay the County for services related to sweeping and mowing sections of State-owned roads within the County. The State is satisfied with the services provided by the Road and Bridge Department, and has requested that the agreements be renewed for a three-year term. The Road and Bridge Department has been providing mowing and sweeping services to the FDOT since 1992. This work is performed by regular County work crews, by schedule adjustment rather than additional outlay for personnel or equipment, in conjunction with normal maintenance operations on County-owned roadways in the general vicinity of the designated State-owned road segments. The County Road and Bridge Department has been able to provide this service with no decrease in efficiency with respect to its own workload. The County's cost to perform this work is reimbursed by the FDOT. Thus, these agreements are consistent with the goals of performing reimbursable work where there is a public benefit and when the revenues equal or exceed the expectations. The current agreements expire December 31, 2000. The Transportation Operations Department did not receive the renewal agreements from the FDOT until November 28, 2000. In order to maintain current level of service without interruption, it is requested that the Board approve the agreements and resolutions contingent upon review and approval by the County Attorney's Office. The original agreements and resolutions have been submitted to the County Attorney's Office to avoid further delay in processing. FISCAL IMPACT: The cost to perform this service for the FDOT is $31,716.72 for the Sweeping Agreement and $39,168.00 for the Mowing Agreement. This is a dollar-for-dollar reimbursement from the FDOT to the County to cover personnel and equipment costs. All costs for personnel and equipment are budgeted in the Road and Bridge Fund (Operations). GROWTH MANAGEMENT IMPACT: result of this purchase. There will be no growth management impact as a - AGENDA ITEM DEC 1 2 20O0 EXECUTIVE SUMMARY FDOT Mowing/Sweeping Agreement Renewal Page 2 RECOMMENDATION: That the Board approve the following comingent upon County Attorney's Office approval: (1) Resolutions authorizing the Median Mowing and Sweeping Agreements with the FDOT; (2) Maintenance Agreements for Median Mowing and Sweeping; and (3) Authorize the Chairman to execute same on the Board's behalf. SUBMITTED BY: ~arquita t(in~ Cbrical'Y. upervisor DATE: 11/28/00 REVIEWED BY: ff~fward'.?..:K~nt/m~ Edwafg~7I Kant,?~, Transportation Operations Director APPROVED BY:. NTanE. Ireder, AICP, Transportation Administrator DATE: 12/5/00 AGENDA ITEM No.. DEC 1 2 2000 Pg. ~ RESOLUTION NO. 2000- 2 3 A RFSOLUTION AUTHORIZING EXECUTION OF A STATE OF ~ FLORIDA DEP.a~RTMENT OF TRANSPORATION MAINTENANCE 5 AGREEMENT FOR HIGHWAY SWEEPING AND PROVIDING AN 6 EFFECTIVE DATE. 7 8 WHEREAS, the Collier County Board of County Commissioners (BCC) is concerned 9 over the appearance of median island curbing within the limits of Collier County; and 10 WHEREAS, the Collier County BCC, after discussion with the State of Florida 11 Department of Transportation (FDOT), believe that it can assist in sweeping those areas; and 12 WHEREAS, the FDOT has agreed to provide funds in the amount of $7,929.18 per 13 quarter for a total of $31,716.72 per year for a period of three (3) years for Collier County to 14 sweep said curbing: and 15 WHEREAS. the Collier County BCC believes such an Agreement to be m the best 16 interest of the citizens of Collier County: and 17 NO\X,'. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ~8 COMMlSSIONqERS OF COLLIER COUNTY, FLORDA that: 19 SECTION 1: The BCC does hereby authorize its Chairman to execute an Agreement entitled. 2o "State of Florida Department of Transportation Maintenance Agreement." between Collier 2~ County and the FDOT, a~eeing to sweep median island curbing described in said A~eement in 22 exchange for the payment of $31.716.72 per year payable at the rate of $7.929.18 per quarter. for 23 a period of three (3) years. 24 SECTION 2: This Resolution supersedes Resolution 9% 25 SECTION3: This Resolution shall take effect immediately upon its passage. 26 SECTION 4: All Resolutions and parts of'Resolutions in conflict herewith are repealed. 27 __ day of 28 29 30 31 32 BY' _23 34 35 36 37 38 39 40 This Resolution adopted the second and majorit3, vote. ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal Sufficiency: David C. Weigel Collier County Attome)' · 2000, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman AGEND~ ITEM No. /(~ /-,-~ j DEC 12 2oO0 1 2 3 4 5 6 7 9 lO 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 37 38 39 40 41 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORATION MAINTENANCE AGREEMENT FOR HIGHWAY MOWING AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (BCC) is concerned over the appearance of median islands, interchange areas, and rights-of-way within the limits of Collier County; and WHEREAS, the Collier County BCC, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can assist in mowing those areas; and V~q-IEREAS, the FDOT has agreed to provide funds in the amount of $9,792.00 per quarter for a total of $39,168 per year for a period of three (3) years for Collier County to mow said median islands, interchange areas, and rights-of-way; and WHEREAS, the Collier County BCC believes such an Agreement to be in the best interesl of the citizens of Collier Count).'; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL?,'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "State of Florida Department of Transportation Maintenance Agreement." between Collier County and the FDOT, agreeing to mow median islands, interchange areas, and rights-of-way described in said Agreement in exchange for the payment of $39,168.00 per year payable at the rate of $9,792.00 per quarter, for a period of three (3) years. SECTION 2: This Resolution supersedes Resolution 9%__ SECTION3: This Resolution shall take effect immediately upon its passage. SECTION 4: All Resolutions and parts of Resolutions in conflict herewith are repealed. This Resolution adopted the __ second and majorit3' vote. ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal Sufficiency: day of 2000, after motion. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: · Chairman David C. Weigel Collier County Attome3' AOii[NDA~iTErM DEC 1 2 2000 10 12 13 14 16 17 15 19 2O 21 22 23 2~ 25 26 27 28 29 3O 3] 32 33 34 35 36 37 38 39 40 4! RESOLUTION NO. 2000- A RESOLUTION AUTHORIZ12WG EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TR)zNSPORATION MAINTENANCE AGREEMENT ]:'OR HIGHWAY MOWTNG AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (BCC) is concerned over the appearance of median islands, interchange areas, and rights-of-way within the limits of Collier County; and WHEREAS, the Collier County BCC, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can assist in mowing tho.;e areas; and WHEREAS, the FDOT has agreed to provide funds in the amount of $9,792.00 per quarter for a total of $39,168 per year for a period of three (3) years for Collier County to mow said median islands, interchange areas, and rights-of-way; and WHEREAS, the Collier County BCC believes such an Agreement to be in the best interest of the citizens of Collier County; and NOW, THEILEFOKE, BE IT RESOLVED BY THE BOA2LD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "State of Florida Department of Transportation Maintenance Agreement," between Collier County and the FDOT, agreeing to mow median islands, interchange areas. and fights-of-way described in said Agreement in exchange for the payment of $39,168.00 per year payable at the rate of $9,792.00 per quarter, for a period of three (3) years. SECTION 2: This Resolution supersedes Resolution 97- SECTION3: This Resolution shall take effect immediately upon its passage. SECTION 4: All Resolutions and parts of Resolutions in conflict herewith are repealed. This Resolution adopted the __ second and majority vote. ATTEST: DXVIGHT E. BROCK, Clerk BY: Approved as to form and legal Sufficiency: David C. Weigel Collier County Attorney day of , 2000, after motion, BOARD OF COUNTY COMMISSIONERS COLLEER COLLNTY, FLORIDA Chairman AGENDA ITEM JEB BUSH GOVERNOR Florida Department of Transportation 801 N. Broad, .v~sy ~,. Bartow, Florida 3~3~30J ~ ~ ~ THOMAS E BARRY, JR. SECRETARY 801 North Broadway Post Office Box 1249 Bartow', Florida ~ ' .,.~830 November 2, 20.)0 Mr. Norm Feder Transportation Administrator Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Maintenance Agreement Mowing Dear Mr. Feder: Enclosed are four (4) copies of the Maintenance Agreement between Collier County and The Florida Department of Transportation. Please sign and seal all two(2) copies of the Agreement with original signatures and seals on each cop)'. Also, please provide me with two (2) copies of the City Resolution with original signatures and seals. Please return all Agreements and Resolutions along with Certificates of Liability, Insurance and Worker's Compensation Insurance to me for final processing as soon as possible. Should you have any questions or if I can be of any assistance, please do not hesitate to contact me at (863) 519-2313. :blm Enclosures www.dot.state.fl.us DEC 12 2000 Contract No.: FM No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the Sate of Florida, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the author/W to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No. dated the day of ,2000, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERViCES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXH/BIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. 2OOO C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTMENT. D. All services shall be performed by the AGENCY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One. 2-TERM A. This Agreement has a term of three (3) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the AGENCY shall commence subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. accepted in writing by the Contract Manager prior to payments. If this contract involves units of deliverables, then such units must be received and DEC 1 2 2000 D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)C0), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in derail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)Co), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Deparnnent of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid AGI~I~OA~T, EM 3 NO. I~ (?'C~f DEC 1 2 2000 i on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding f~scal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury. or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of th/s Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affordi'; public liability insurance with combined bodily injury limits of at least $100,000 per person anct $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 4 AGENDAJT~M No._ - DEC 12 2000 pg. 1 5-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The AGENCY shall comply with all federal, state and local laws and ordinances appli,zable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Contract may be canceled by the AGENCY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Ageement, or Co) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactou~ performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or speci~ the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. DEC 1 2 200O 7-MISCELLANEOUS A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees, and subconl~actors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreemere of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and ageed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. DEC 1 2 2000 Po. ,,,/ IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf this ~ day of ,, , by the ,authorized to enter irto and execute same by Resolution Number dated _, and the DEPARTMENT has executed this Agreement through its District Secretary for Disn:ict One, Florida Department of Transportation, tlzis ~ day of AGENCY ATTEST: BY: NAME: NAME: TITLE: TITLE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY BY: DISTRICT SECRETARY DISTRICT ONE N.~VIE: DOT District Maintenance Engineer Approval: DOT Legal Review' Availability of Funds Approval: Date H:, USERS',J_, G 150RL',,WHC'~LEGALLMAJNTAGR.2 AqE, ND.~/I~'EM No. / (~ r~)( DEC 1 2 2000 EXHIBIT "A" I - TERM The services to be rendered by the Agency shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for three years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. COMPENSATION The Department agrees to pay the Agency for services rendered in accordance with tiffs A~eement. A lump sum payment will be made in the amount of Nine Thousand Five Hundred Forty-Two Dollars and 00/100 ($ 9,542.00 ) per quarter for a total of Thirty-Eight Thousand One Hundred Sixty-Eight Dollars and 00/100 ($ 38,168.00 ) per year. 3- LOCATION AND DESCRIPTION OF MAINTENANCE ACTMTIES TO BE PERFORMED, "SEE ATTACHMENT A" 8 " iT,..~, DEC1 2 2000 AGE~DA~T~M DEC 1 2 2000 Pg. l~ !9 20 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. 2000- 2 3 A RESOLUTION AU'I'HOKIZING EXECUTION OF A STATE OF 4 FLORJDA DEPARTMENT OF TRANSPORATION MAINTENANCE 5 AGREEMENT FOR HIGHWAY SWEEPING AND PROVIDING AN 6 EFFECTIVE DATE. 7 8 WHEREAS, the Collier County Board of County Commissioners (BCC) is concerned 9 over the appearance of median island curbing within the limits of Collier County; and 10 WHEREAS, the Collier County BCC, after discussion with the State of Florida 11 Department of Tr~,,sportation (FDOT), believes that it can assist in sweeping those areas; and 12 WHEREAS, the FDOT has agreed to provide funds in the amount of $7,929.18 per 13 quarter for a total of $3 i,716.72 per year for a period of three (3) years for Colher County to I4 sweep said curbing; and 15 WHEREAS, the Collier County BCC believes such an Ag-reement to be in the best 16 interest of the cit/zens of Collier County; and 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 CONLMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "State of Florida Department of Transportation Maintenance Agreement," between Collier County and the FDOT, agreeing to sweep meddan island curbing described in said Agreement in exchange for the payment of $31,716.72 per year payable at the rate of $7,929.18 per quarter, for a period of three (3) years. SECTION 2: This Resolution supersedes Resolution 97-__ SECTION3: This Resolution shall take effect immediately upon its passage. SECTION 4: A/1 Resolutions and pans of Resolutions in conflict herewith are repealed. This Resolution adopted the __ second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal Sufficiency: David C. Weigel Collier County Attorney day of ., 2000, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chau-man AGEI DA .kTEM DEC 1 2 2000 JEB BUSH GOVERNOR Florida Department of Transportation 801 N. 8roadway Barrow, Ftorida 338~0 .,~, ~ THOMAS E BARRY, JR. SECRETARY Mr. Norm Feder Transportation Administrator Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Feder: 801 North Broadway Post Office Box 1249 Bartow, Florida 33830 November 2, 2000 NOV 16 20O0 Maintenance Agreement Sweeping Enclosed are four (4) copies of the Maintenance Agreement between Collier Coun~ and The Florida Department of Transportation. Please sign and seal all two(2) copies of the Agreement with original signatures and seals on each copy. Also, please provide me with two (2) copies of the City Resolution with original signatures and seals. Please rerum all Agreements and Resolutions along with Certificates of Liabili~ Insurance and Worker's Compensation Insurance to me for final processing as soon as possible. Should you have any questions or if I can be of any assistance, please do not hesitate to contact me at (863) 519-2313. :blm Enclosures www. dot. state.fl. u s DEC I 2 2000 Contract No.' FM No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY hereinafter referred to as the "AGENCY" WITNESSETH WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No. dated the day of ,2000, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as described in EXHIBIT A, attached herelo and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. DEC C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTIv[ENT. D. All services shall be performed by the AGENCY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be £mal and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One. 2-TERM A. This Agreement has a term of three (3) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the AGENCY shall commence subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. AG EHp_A/~I'FgM No. t DEC 1 2 2000 D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submiffed and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general account'rag records and the project records, together with Supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid DEC 1 2 2000 on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. AGE A I DEC 1 5-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The AGENCY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion. sex or national origin in the performance of work under this Contract. 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Contract may be canceled by the AGENCY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. DEC 1 2 2000 7-MISCELLANEOUS A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. AGI~I~_,~TF-rM No. /, ?')~ / DEC 1 2 2000 IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf this ~ day of. , , by the ,authorized to enter into and execute same by Resolution Number dated , . _, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, t. his day of , AGENCY ATTEST: BY: NAME: NAME: TITLE: TITLE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY BY: DISTRICT SECRETARY DISTRICT ONE NAME: DOT District Maintenance Engineer Approval: DOT Legal Review: Availability of Funds Approval: Date H: \USERS'\LG 150RL\WHC\LEGAL\MAINTAGR.2 DEC 12 ooo EXHIBIT "A" 1 - TERM The services to be rendered by the Agency shall commence, subsequent to the execution of this Agreement, upon ~ fitten notice from the Department's Project Manager ("Notice") and shall continue for three years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. 2 - COMPENSATION The Department agrees to pay the Agency for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of Seven Thousand Nine Hundred Twenty-Nine Dollars and 18/100 ($ 7,929.18 ) per quarter for a total of Thirty-One Thousand Seven Hundred Sixteen Dollars and 72/100($ 31,716.72 ) per year. 3- LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. "SEE EXHIBIT "A" 8 DEC 1 2 2000 _ pg. %..5- AGI~I~.D~T'I~M No. ~ f DEC ~2 21:101] ITEM NO.: FILE NO.: ROUTED TO: Date: 11/29/00 DO NOT WRITE ABOVE THIS SPACE (Orig. 9~89; Res'. 6~97) REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the CounW Attorney, Attn: David C. Weigel From: Edward J. Kant Department: Transportation Operations Title: Transportation Operations Director Division: Transportation Services Telephone # (Very Important): 774-8494 Re: Review of FDOT Agreements (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - ,be specific, concise, and articulate.) FDOT Mowing and Sweeping Agreements are up for renewal (contracts run for 3 years; expires 12/31/00). (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be reD, specific. Identify exactly what you need in the way of legal services.) Review and approval of Mowing Agreement and Sweeping Agreement (5 originals of each attached - 4 for FDOT, I for Collier County) and required County Resolution (5 originals of each attached - 4 for FDOT, 1 for Collier County). A copy of the executive summary is attached for information. OTHER COMMENTS: Upon approval, please send all originals to Sue Filson in the BCC office. Please send the 2 numbered resolutions to Marquita in this department. Please call if you have any questions. The requested agenda date is 12/12/00. FDOT Agreements File A(.~ requests must be copied to your appropriate Division Head or Constitutional Officer.~ A ITeM No. DEC 1 2 2000 EXECUTIVE SUMMARY 'APPROVE A BUDGET AMENDMENT TO PROVIDE BAYSHORE MUNICIPAL SERVICES TAXING UNIT FUND CONSTRUCTI.ON BUDGET. FUNDS TO THE BEAUTIFICATION OBJECTIVE: To make funds available to complete the construction of phase 1 of the roadway landscaping improvements, CONSIDERATIONS: Funds are required in order to complete the bridge concrete work which is a part of the first phase of the improvement of roadway landscaping on Bayshore Drive. FISCAL IMPACT: There are unspent funds in the amount of 5;150,948 from FY '00. A Budget Amendment xvill be needed to recognize these funds as additional carry forward in FY '01 to complete this phase of the project. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve a budget amendment to make funds available to the Bayshore Municipal Services Taxing Unit Beautification Fund construction budget. SUBMITTED B'Y:~/£~'~C'~--(~ ~/(~'( ~ ~(' Bob ~e~r~en, Engin~r II, Landscape Operations REVIEWED BY: ~ .,., ~//r / ,,/~ ,,..(.~:.p:. DATE: ' Edw~d' J, K~nt, PE~"Transpb~ation Operations Director REVIEWED BY: .~ )',r~ , · DATE: :' ' ~ ' Norton E. ~eder, AICP, Transportation Administrator / DATE: DEC 1 2 2000 I EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO ADEQUATELY FUND TRANSPORTATION ADMINISTRATION, RECO~' ~NIZE UNANTICIPATED REVENUE AND FUND THE MOVE OF THE TRANSPORTATION ADMINISTRATION, ENGINEERING AND PLANNING DEPARTMENTS. OBJECTIVE: Obtain Boar:: approval of Budget Amendments to adequately fund the Transportation Administration, recognize u: anticipated revenue and fund the move of the Transportation Administration. Engineering and Planning I- :partments. CONSIDERATIONS: Administration for the Transportation Division was formed at the end of last Fiscal Year. The budget P,.at was put in place covered the transfer of 2 positions from the Public \Vorks Engineering Department ;~to the Transportation Administration Department. The budget for these 2 employees was moved `.~ [h the positions. The positions are an Accounting Supervisor and a Senior Fiscal Clerk. The salm'v bud~:zt was put in place for the Division Administrator. Three other positions were also placed in the Trans,~ortation Divisions Administration, an Administrative Assistant, Community Liaison and the Transp rtation Planning Director. Cun'entlv the budget consists of salaries for the Administrator, Accou; nng Supervisor and the Senior Fiscal Clerk. Operating budget exists only for t'he Accounting Supervis~ and the Senior Fiscal Clerk. ,4, budget amendment for $138,534 is being requested to adequately fund th Transportation Administration for salaries, operating and capital expenses. Next fiscal year the Plann, ~g Director and her staff ,,',.'ill be budgeted witlnin their o`.vn cost center. Transportation Adr ~nistration is budgeted entirely within the Road and Bridge Fund (101). However, within the Transpc' tation Division, adininistrative support is also provided to departments that are not budgeted in the Rt .td & Bridge Fund. As such, a portion of the Transportation Administrations expenses should be borne t-. these other departments. The Stormwater Management Department has budgeted $17,000 to reimb ~rse Transportation Administration. This reimbursement revenue must be recognized and appropriated in the Road and Bridge Fund. Additionally, funds are needed to cover the move of the Transportation Administration, 'Engineering and Planning Depa:tments move to Horseshoe Drive. Funds in the amount of $142,300 were requested to move the Tran:4portation Engineering Department. The $142,300 was for a I year lease on the building, the purchase of new furniture and modify the interior of the shell building to create offices. Transportation Administration and Planning were not included in this cost. AGENDA ITE~'"'-'"'~ N o.__/__(.¢_,~ DEC 12 2000 Pg.. ..../ Executi~ e Summar) Page 2 The actual anticipated cost for the move is $349,600 and there is an add~ti,,nal $138.534 required for Transportation Administration. The costs are detailed belov,': · Space 4800 Square Feet · Space 2000 Square Feet · Furniture 35 x 4,500 per person · IT phones 8,: computers · Pest Control 1 year · Misc. UnanticipatedCosts · Movers Total Estimated Cost of Move Transportation Administration Grand Total Expenses $ 65.000 $ 35.(/00 $157,500 $ 75,000 S 8,100 $ 6,000 $ 3.000 $349.60O $1~ 8.5.~4 $488,134 Sources of Funds Required Budgeted funds in Roads (313)$142.300 Budgeted funds in Road and Bridge Fund (101) $ 65,400 Stormv, ater Reimbursement $ 17,000 Road and Bridge Fund reserves$,63.4:,4 Grand Total Sources of Funds$488,134 It is anticipated that half the cost of moxing the planning depmlment will be paid by Comn'~unit,' Development and ,.,,'ill be reimbursed after the move has been completed. FISCAL I51PACT: The total estimated cost for the move is S349.600. There is 5142,30~! budgeted in the Roads CIP Fund (313). The remaining balance of $207,300 is available in the Road & Bridge Fund ( 101 ) Reserves. The total amount required for the Transportation Administration budget is $138,534. There is $65,400 available in the Road & Bridge Fund. The balance of $73,134 is available by appropriating $17-,000 in reimbursement revenue from the Stormwater Management Department and $56,134 from Road & Bridge Fund (101) Reserves. GROWTH MANAGENIENT INIPACT: None. RECOMMENDATION: That the Board of County Commissioners approve all the budget amendments necessm'y to adequately' fund the Transportation Administrations budget, recognize unanticipated revenue and fund the move lbr the Transportation Administration, Engineering & Planning Departments. SUBMITTED BY: APPROVED BY: AGENDA ITEM No._ EXECUTIVE SUMMARY APPROVE DELEGATING AUTHORITY TO THE PUBLIC UTILITIES ADMINISTRATOR TO AUTHORIZE DOWNWARD MODIFICATIONS OF THE TAKE OR PAY PROVISIONS IN THE RECLAIMED WATER IRRIGATION CONTRACTS. OBJECTIVE: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve giving authority to the Public Works Utilities Administrator to authorize downward modifications of the Take or Pay provisions in the Reclaimed Water Irrigation Contracts, and to execute addendums accordingly. CONSIDERATION: In 1997, the Collier County Board of County Commissioners approved a Take or Pay provision in the Reclaimed Water Contracts, The Contract Users apply wastewater effluent to irrigate golf courses and common areas. The Take or Pay provision requires the User to pay for a minimum amount of reclaimed water whether they use it or not. In 1997, Users of reclaimed water signed these Contracts in order to ensure they had enough water under contract during the dry seasons. After reviewing usage patterns over the past 3 years, many users have asked to reduce the amount of their water contractual obligation. FISCAL IMPACT: The cost is neutral.' If Users reduce their Take or Pay allotments, it will not have a negative impact on revenues received. Collier Count>,' has fifty-two potential customers on our waiting list with a combined'demand of seven billion gallons per year. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve authorizing authorits' to the Public Utilities Administrator to reduce Reclaimed Water Contracts Take or Pay provisions and to execute addendums accordingly. SUBMITTED BY; ~../:~"---'=- ?~ '~'~; '"~ Date: / o,e- Jos~qp_~ Cheatham, Wastewater Director REVIEWED BY:, ,..--'-.------~; - ,,x5~ d'------'~,~?Date: // ~? 'ec , James Mtidd, P.E., Public Utilities Administratbr ADDENDUM NUMBER ONE TO AGREEMENT FOR DELIVERY AND USE OF RECLAIMED WATER FOR SPRAY IRRIGATION THIS ADDENDUM NUMBER ONE made and entered this day of 20__, by and between the COLLIER COUNTY WATER-SEWER DISTRICT. herein referred to as "DISTRICT" and hereinafter "USER." WHEREAS, effective on the __ day of , USER and DISTRICT entered into the Original Agreement for Delivery and use of Reclaimed Water for Spray Irrigation ("Original Agreement") to provide reclaimed water as specified therein; and WHEREAS, USER has determined that the Original Agreement's allotments of water are currently out of date with regard to USER'S actual needs; and WHEREAS, USER has requested that Original Agreement's allotments be amended to reflect USER'S actual needs. based on USER'S historical usage. NOW, THEREFORE. the Original Agreement is hereby amended only as follows, specifically. paragraph __ and __ are hereby amended to read: # QUANTITY. The User guarantees acceptance from DISTRICT gallons per day of reclaimed water for irrigation. This quantity, amount shall be in eft~ct through the present five (5) year period as determined from the date of the Original Agreement, which date is At the end of the present five (5) year period ( , ) and each successive five (5) year period thereafter, the agreement shall be amended to reflect all of the terms and conditions then being incorporated in like agreements by the District for delivery and use of reclaimed water and thereafter renewed for successive five (,5) years periods, unless terminated by either party as provided for herein. # . RATE TO BE CHARGED FOR RECLAIMED WATER. For furnishing of the reclaimed water, the DISTRICT shall charge and USER shall pay the sum directed by County Ordinance, which rate is presently $0.13 per thousand gallons of reclaimed water. USER shall pay to the DISTRICT the charges set forth above regardless of whether or not USER takes the reclaimed water. IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals for the day and year first above mentioned. WITNESSES: [Add name t~f [ !SER] Signature Printed/Typed Name. (2) Signature By: Signature Printed/Typed Name Printed/Typed Name Printed/Typed Title (Corporate Seal) STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this __ __. by for personally known to me. (Notarial Seal) Notary Public My Commission Expires: day of . as . who is DATED: Approved as to form And legal sufficiency: PUBLIC UTILITIES ADMINISTRATOR COLLIER COUNTY, FLORIDA By: James V. Mudd. Administrator Thomas C. Palmer. Assistant County Attorney EXECUTIVE SUMMARY APPROVE A STANDARD COUNTY CONTRACT WITH MALCOLM PIRNIE, INC. FOR PROFESSIONAL ENGINEERING SERVICES AS PER RFP #00-3046 "SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS". OBJECTIVE: To receive the Board's approval for a standard County Attorney approved contract with Malcolm Pirnie, Inc. for professional engineering services in connection with RFP #00-3046, "Solid Waste Characterization and Program Analysis Study". CONSIDERATION: The Board of County Commissioners approved the staff ranking of firms for contract negotiations for RFP #00-3046 on 05/02/00, Item 16(B) (29). Staff has negotiated several tasks with the first ranked firm, Malcolm Pirnie, Inc., including the Odor Monitoring Plan and Assessment; Alternative Technology Review; Lined Landfill Capacity Review and Waste to Energy Options. FISCAL IMPACT: Funds are available in Solid Waste Reserves. Under standard County Attorney approved contract individual work orders are not to exceed $90,000 and total yearly compensation for all work orders issued not to exceed $500,000. Work orders will also be issued as a result of Board of County Commissioners Solid Waste Workshop on December 20th, 2000. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board approve the contract with Malcolm Pirnie, Inc. for professional engineering services as per RFP #00-3046 and authorize the Chairman to sign the standard County Attorney approved contract, and authorize staff to make budget amendments to fund the contract from Solid Waste Reserves. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~,a.~-_ ~___~_~.~_~ ~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.EP. Acting Director, Solid Waste Management Dept. ~_:~d_,~_. ~-~-.~Z{; t ~',~ J:~"O Date: /~-5--~'0 Stepl~en Y. Camell, D~r~t;;'Purchasing Depa~ment Ja V. Mudd, E., P bl(c Utilities / Administrator Date: DR Wt AGREEMENT THIS AGREEMENT, made and entered into on this day of 2000, by and between Malcolm-Pirnie, Inc, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work following award of this Contract by the Board of County Commissioners, execution of this Agreement and upon issuance of a Purchase Order for written Work Orders (s) as approved in advance by the County Solid Waste Director or their designee as specified in Section 2, "Statement of Work". Time periods for such Work Orders will be mutually agreed upon in writing by the Contractor and the County Solid Waste Director or their designee. STATEMENT OF WORK. The Contractor shall provide professional solid waste and environmental engineering services for Collier County in accordance with the terms and conditions of RFP #00-3046 "Waste Characterization Study and Program Analysis". The Contractor shall provide additional services as required and mutually agreed upon by County Solid Waste Director or their designee and Contractor. Such services shall be attached as sequentially numbered Work Order forms. Each such Work Order shall be approved in writing by the Solid Waste Director or their designee prior to the Contractor's commencement of work for each task. Any changes to the Work Order shall be made in the form of a written Change Order signed by the County Solid Waste Director or their designee and Contractor. County Solid Waste Director or their designee is authorized to make task assignments in the form of individual Work Orders, each not to exceed ninety thousand dollars ($90,000) and total yearly compensation for all Work Orders issued under this Agreement shall not exceed five hundred thousand dollars ($500,000). SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period as specified by the individual County approved Work Order(s). Each Work Order is to be executed by the Contractor for implementation within one (1) week from the date it was assigned by the Solid Waste Director or his designee to the Contractor. THE CONTRACT SUM. The County shall pay the Contractor for work performed under this Agreement the amount(s) specified by each individual Work Order. Such DEC 1 2 2000 DRAFT amounts may be either lump sum fees inclusive of Reimbursable Expenses and Travel Expenses as negotiated based on the Contractor's fee schedule, or Not to Exceed amounts based on the prices set forth in the Contractor's fee schedule to be included wi'.~.hin the individual Work Order, subject to Change Orders as approved in advance by the County Solid Waste Director or their designee. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the County Solid Waste Director or their designee pursuant to the price schedule offered by the Contractor in his proposal and/or as per each Work Order, together with the Reimbursable Expenses and Travel Ext'enses as defined in this agreement together with the cost of any other charges/fees submitted in each Work Order. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month, for the actual hours worked in the preceding month, and at actual costs for Reimbursable and Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". Reimbursable Expenses Reimbursable expenses including Travel Expenses, shall not exceed one thousand ($1,000) dollars per Work Order unless approved in advance in writing by the County. Allowable reimbursable expenses shall include but not be limited to: reproduction, postage, express mail service. These shall be billed at actual cost. Travel Expenses Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Airfare: Rental car: Lodging: Parking: $ .29 per mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lodging at single occupancy rate Actual cost of parking DEC I 2 2000 DRAFT NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Mr. Stephen C. Schwarz Malcolm-Pirnie, Inc. 1100 Lee Wagener Blvd. Suite 320 Ft. Lauderdale, FL 33315-3567 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permit,s. necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) 10. 11. DRAFT hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shad be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: 13. Commercial General Liability_: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of $300,000. 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 Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harmless the County and its officers, employees, agents and instrumentalities from and against all claims or suits (including attorney's fees and costs of defense) asserted or prosecuted by third parties arising out of Contractor's failure to satisfy its obligations under generally accepted professional standards, through error, omission, negligent act or willful misconduct of the Contractor or its employees, or that of its subcontractors or their employees, if any, provided however, that the Contractor is given reasonable notice of, and the opportunity to defend, settle and compromise any such [ mo./t': re)C,.?' I DEC ! 2 200 DRAFT contained herein, however, is intended to confer on any third party any rights or benefits hereunder. The Contractor expressly understands and agrees that insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, defend and hold harmless the County or its officers, employees, agents and instrumentalities as herein provided. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, RFP #00-3046 "Solid Waste Characterization and Program Analysis", Sample Work Order. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor 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. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: Chairperson Malcolm-Pirnie, Inc. Contractor By: First Witness Signature ?Type/print witness name? Second Witness ?Type/print witness name? Typed signature and title CORPORATE SEAL (corporations only) .o. DEC 1 2 2000 Approved as to form and legal sufficiency: DRAFT Assistant Coun .ty Attorney WORK ORDER # DEC 1 2. 2000 PGo 7 DRAFT "Solid Waste Characterization and Program Analysis" Contract 00-3046, Dated This Work Order is for Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: The work is specified in the proposal/Scope of Work for the above mentioned project dated __ from which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # is assigned to the Scope of Work: Task I: Task I1: Task__. Schedule of Work: Complete within. Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task l Task II Task__. Total Cost Reimbursable Expenses: Not to exceed ($00.00) dollars (write out amount in words.) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order. ISSUED BY: REVIEWED BY: ACCEPTED BY: Project/Contract Manager Department Director (NAME OF FIRM) BY: Title Date Date Date DEC ', 2 EXECUTIVE SUMMARY ENCUMBER FY 2001 FUNDS FOR ENGINEERING SERVICES DURING CONSTRUCTION OF COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH US 41 ROAD WIDENING FROM MYRTLE ROAD TO OLD US 41, PROJECTS 70047, 70048 AND 73048. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: On September 14, 1999 (Agenda Item 16 B 12) the Board approved an amendment to a Professional Services Agreement (PSA) with Tampa Bay Engineering, Inc. (TBE) to provide engineering and inspection services during construction of County utility relocations necessitated by the Florida Department of Transportation (FDOT) widening of US 41 between Myrtle Road and Old US 41. The amendment included a table of fees split between fiscal years and water and wastewater projects. Funds for FY 2000 were previously encumbered following Board approval of the amendment. An increase in FY 2000 funds was approved by the Board on September 12, 2000 (Agenda Item 16 C 12). Funds for FY 2001 are needed to continue the engineering and inspection services as anticipated in the amendment to the PSA. FISCAL IMPACT: This project is funded by water and sewer user fees. Total estimated funding for FY 2001 is $150,704.59. Funds in the amount of $45,847.52 are available from project 70047 - Relocate 20"/12" Water Main on US 41 from Immokalee Road to Old 41. The source of funds is water user fees. Funds in the amount of $47,836.78 are available from project 70048 - Relocate 12" Main on US 41 from Myrtle Road to Immokalee Road. The source of funds is water user fees. Funds in the amount of $57,020.29 are available from project 73048 - Relocation of Reclaimed Water Main and Force Main on US 41 North. The source of funds is sewer user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. AGENDA ITEM No. /¢~ c~.~ DEC I;Z 20001 Executive Summary Encumber Funds Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, encumber funds for FY 2001 for continuing on-going construction engineering inspection services for utility relocations related to US 41 widening, projects 70047, 70048 and 73048. SUBMITTED BY: REVIEWED BY: APPROVED BY: RFD:rfd Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department James V. Mudd, Administrator Public Utilities Division DATE: / / ,-- ? f- ~"~': DATE: EXECUTIVE SUMMARY APPROVE LIST OF QUALIFIED ENGINEERING FIRMS FOR RFP 00-3119, ANNUAL CONTRACT FOR UTILITY ENGINEERING SERVICES. OBJECTIVE: To have a group of utility engineering firms available to promptly provide multi-discipline engineering services related to water, wastewater, and solid waste projects. CONSIDERATION: Pursuant to the County's need for consulting services related to xvellfields, major water and wastewater pumping and transmission systems, sewer systems, water and wastewater treatment facilities, and solid waste facilities, proposals were solicited by the Purchasing Department on July 13, 2000. Notices were sent to 150 firms. Twenty-seven firms requested the full package. Of these, fifteen firms submitted proposals by the due date of August 25, 2000. After reviewing all of the proposals, the Selection Committee identified six firms as being the most qualified and experienced to perform the variety of services contemplated. under this contract. The six short-listed firms listed in alphabetical order are: Camp Dresser & McKee Greely & Hansen Hazen & Sawyer Hole, Montes & Associates, Inc. Malcom Pirnie Metcalf & Eddy Subsequent to the posting of the award recommendation, the Purchasing Department received a timely protest from one of the firms not included in the award recommendation. As of this writing, the Purchasing Director is carefully reviewing the protest. Given the need for various projects underway, staff is recommending that the Board authorize staff to begin negotiations with the recommended firms (six) while the Purchasing Director continues and completes review of the protest. Depending on the outcome of the protest, staff would return to the Board for appropriate follow up action. This approach would enable staff to move the contracting process forward while preserving the rights of the protestor. The Purchasing Director has spoken with the protestor regarding this recommendation and the protestor has graciously consented to the proposed plan. In order to adopt the approach described above, staff recommends that the Board formally determine, pursuant to Section XVIII.E of the Board's purchasing policy, that award of the contract (and review of the protest), at this time and as described herein, is in the best interests of the County. The Selection Committee recommends that contracts be negotiated with the six short- listed firms~ Upon approval by the Board of County Commissioners, negotial iens OEC 1 2 2000 ~. / Executive Summary Annual Contract For Utility Engineering Sen:ices. Page 2 commence with the six firms. Should these negotiations be discontinued for any reason, negotiations with the seventh-ranked firm may commence. This process will continue until a contract is executed between Collier County and the successful firm(s). Work assignments under this Agreement are by a Work Order and Purchase Order. Work Order requests by a County Agency include a Scope of work agreed to by the County and the professional firm. Assignments under $25,000 will follow Purchasing Department regulations being implemented with approval by the Department Director and an approved Purchase Order. Work Orders over the $25,000 threshold require Board of County Commissioners approval. FISCAL IMPACT: There is no fiscal impact related to selecting engineering consultants. Funding for Utility Engineering Services under these agreements shall be provided by each user Division, and contracted by a Work Order and Purchase Order funded by the using Agency. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to selecting engineering consultants. This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of six Utility Engineering finns, authorize staff to negotiate fixed-term agreements with the recommended firms and process the timely protest in accordance with the Board's purchasing policy PREPARED BY: .~, >.. ..~ - Date: , ' c July C. Adamaes Minor, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Steve Carnell, Director Purchasing Department REVIEWED BY: APPROVED BY: Karl W. Boyer, P.13-':: Interim Director Public Utilities Engineering Department ~mes V. Mudd, Administrator Public Utilities Division Date: / t _/ DEC I 2 2000 oZ EXCUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR DRIVEWAY STRUCTURAL REPAIRS FOR THE MANDATORY TRASH COLLECTION AND DISPOSAL PROGRAM FOR DISTRICT 1. OBJECTIVE: To obtain authorization for a budget amendment to pay for damages and reinforcement of driveways for the Mandatory Trash Collection and Disposal Program for District 1. CONSIDERATION: On September 26, 2000 the Board of County Commissioners approved a rate resolution for the Mandatory. Trash Collection and Disposal Program. Staff had requested charging $1.00 per unit for the repair and structural improvement to driveways in District 1. There are approximately 30-40 streets in District I that do not have ample space for the franchisee, Waste Management, to turn their trucks around. Due to the lack of space, Waste Management is using driveways to turn around instead of backing all the way down the street. Backing down the street would be very dangerous to our residents. In the past Waste Management has always paid for the damage to the driveways. The contract states that the County must provide safe and efficient accessibility to the Contractor's collection crew and vehicle. Without using driveways these roads are not accessible. The Board did not approve charging residents the $1.00/unit fee but did approve using funds from the Solid Waste Mandatory Trash and Collection Reserr'es to pay for the driveway improvements. The Solid Waste Department will manage this program. Public Utilities engineers will be preparing the necessary. documentation to hire a contractor to structura!!y fix the driveways. Staff feels this is a permanent solution as opposed to repairing the driveways over and over again. Commencement of this program will begin as soon as funds are approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: Funds are available in Solid Waste Mandatory Trash Collection Reserves in the amount of $70,000. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment for driveway structural repairs for the Mandatory Trash Collection and Disposal Program for District I. SUBMITTED BY Teresa A. Riesen, Solid Waste Revenue and Collections Manager DATE REVIEWED BY G. George Yilmaz, Ph.D., P.E., P.H., R.EP. Acting Solid Waste Director APPROVED BY) ~-,~z- -,-._.,3 , .,. _ ~ ,. . Jfi, mes V. Mudd, P. E., Public Utilities Administrator DATE DATE OEC 1 2 2000 EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO A CONSTRUCTION CONTRACT WITH PROJECT INTEGRATION, INC., FOR THE NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT, BID 99-2908, PROJECT 73031 OBJECTIVE: To minimize the impact that nuisance odors have on neighboring residents by making improvements to the sludge processing area of the North County Water Reclamation Facility (NCWRF). CONSIDERATIONS: This Change Order includes the tbllowing improvements: Furnish and install ventilation ductwork, electrical power, grounding, lighting, and instrumentation and controls for new packed-tower odor scrubber system (add $246,366.00). · Revise the gate opening in the Grit Chamber 3 weir gate to accommodate a field- determined conflict (add $3,166.07). · Provide a contract credit for deletion of the redundant C1Tstal Reports software (delete $1,294.00). Revise the mixed liquor splitter box walls to accommodate field changes (add Sl.782.00). This change order consists of the third part of a four-part total odor control package for the NCWRF Sludge Processing area. It is being priced in this manner to expedite construction, equipment procurement. and start-up of this system. The first two parts were Board approved on September 26, 2000. item 16(C)(9). The cost and time to provide the remaining fourth part is currently being negotiated and will be submitted for approval in the near future. A full description and justification for each item is included in the attached Change Order. The previous change order did not aflbct substantial or final completion dates; however, as reported to the Board on September 26, 2000. the long-lead-time scrubber will require an additional 45 days to both substantial m~d final completion of the plant expansion. A summary of change orders to-date on this prqject is provided as follows: Amount Days to Substantial Completion Days to Final Completion Original Contract Sum of previous changes Proposed Change Order Revised Contract $18,350,000.00 $~80,~ 0~ .4.~ $250.020.07 $18.980,525.50 690 0 45 735 ( 11/O6/(} 1 ) 750 0 45 795 (01/06/O2) DEC 1 2 2000 PG. I Executive Summary Approve Change Order for NCWRF Page 2 FISCAL IMPACT: The total cost of this change order is $250,020.07. Funds in the amount of $58,700.00 are budgeted and available in the Wastewater Impact Fee Fund for the NCWRF 5-mgd Expansion project. A budget amendment will be necessary to transfer $191,320.07 from Wastewater Reserves for Capital Outlay, to project 73031, NCWRF 5-mgd Expansion. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute a change order for odor scrubber and miscellaneous improvements with Project Integration Inc., for the NCWRF, Bid 99-2908, Project 7303 I, and approve the necessary budget amendment. Peter Schalt, PMP, PUED Project Manager REVIEWED BY: Karl W. yer, P.E., fntedrn PUED Director DATE: / ~//t'/'//o~ REVIEWED BY: APPROVED BY: atham, Wastewater Director DATE: 12/ /00 Jame~ V. Mudd, P.E., Public Works Administrator Attachments: Copy of the proposed change order with supporting documents 0£C I 2 ooo 311¢ 45c' $~cc~. Suit: 10 lrltOM: C. olli~ Cou:aty 53O l'ragaiami Tra~ Lac~ Bld~ D Nf:alal~-~;, Fkrrida - 3,1112 £o~ each item: (2) Table me cost/~! ammm~, and {3) Or~l agr~,~',,~ amount ................................................... Sam of~ cha.~: oxxl~s_amom:t .................................................. T/ils C. Range ~ Arnoare [aadl .................................................... This cham3e_ ord~ ad~ time is .................................... Revi~d Contract T~rr~. for final co.~nple.tion in calendar day~ ................ 350,5G5.43 250,020.07 18,9g0,525.50 690 days 0 days 735 da~ ~at ~c¢ir.,¢ [o Proceed date ...................................... Compleao~ date based on oiiginal contrac:. :ime .................... Revised completion date ........................................................ 11/02J99 - ti/21101 1/06/02 Y,om' ac~ ~f thi$ c. haug~ or~r sixall dory 1/28/00 DEC I 2 2000 PC,. '~ COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT CHANGE ORDER NO. 5 SUMMARY OF ITEMS Item Item Change in No. Description Contract Price 1 Dewatering Odor Control, Part D (Scrubber Structural,$246,366.00 Electrical, Ducting) 2 Grit Chamber No. 3 Weir Gate Revisions $3,166.07 -3 I&C Software Deletion (Crystal Reports) ($1,294.00) 4 Mixed Liquor Splitter Box Walls $1,782.00 TOTAL $250,020.07 CHGORD5TABLE11/22/00 DEC 1 2 2000 COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT CONSTRUCTION CHANGE ORDER NO. 5 SUMMARY OF ITEMS ITEM NO.: TITLE: COST: 1 Dewatering Odor Control, Part D (Scrubber Structural, Electrical and Ducting) $246,366.00 Description: Th~ Dewatering Building Odor Control System change order is being priced in four parts to expedite construction, equipment procurement, and startup of the odor control system. The four parts of the change order as follows: Part A - Enclosing the sides of both levels of the Sludge Dewatering Building. Enclosing the sides will contain the foul air within the building and prevent odors from traveling off-site. Part B - Procurement and installation of a Packed-tower Odor Scrubber System. The odor scrubber system will chemically remove odor compounds from the Dewatering Building foul air and discharge treated air to the atmosphere. Part C - Construction of a chemical storage facility to serve the Packed Tower Odor Scrubber System. The chemical storage facility will consist of double-wall, HDPE (high-density polyethylene) tanks to store sodium hypochlorite (bleach) and sodium hydroxide (caustic); and piping to feed each chemical to the scrubber system. Part D - Structural slabs for the scrubber system; interconnecting ventilation ductwork between the building and the scrubber system; electrical power, lighting, grounding and instrumentation/controls associated with the scrubber system and the chemical storage facility. This change order item consists of Part D, described above. R:eason: The County has received odor complaints from neighboring developments, including Pelican Marsh and Bay Colony. Staff identified the Sludge Dewatering Building as the most predominant odor generator that is not already being treated. County staff and the Engineer agreed that the most effective way to control odors is to enclose the building and treat odors with a packed tower chemical scrubber. As noted above, this item is part of the overall odor control system change order. Justification: The odor control system was added to this contract at the Owner's request in their efforts to address odor complaints from developments surrounding the facility. The structural, electrical and instrumentation/control and ventilation work included in this item are fundamental components of the overall odor control system. The County is incorporating the odor control system into this Contract to expedite its implementation as part of its good neighbor policy. CHGORDER511/22/00 DEC 1 2 2000 PG. Change Order No. 5 Summary 11/22/00 Page 2 of 3 ITEM NO.: TITLE: COST: 2 Grit Chamber No. 3 Weir Gate Revisions $3,166.07 Description: Based on the Contract Drawings for Grit Chamber No. 3, there was a conflict between the pipe trench wall and the discharge weir gate frame. In order to provide clearance from the pipe trench wall to set the weir gate frame, the gate opening had to be moved 1'-3" north. This conflict was not discovered until after the pipe trench wall had been poured. The gate opening relocation required the sawcutting and removal of a small amount of concrete on the north side, and the forming and addition of a small amount of concrete on the south side. Reason: The work was required to resolve a dimensional conflict between the pipe trench wall and the discharge weir gate frame. Justification: The work was required to be able to install the discharge weir gate, which must be closed in the future to remove Grit Chamber No. 3 from service for cleaning, maintenance. ITEM NO.: TITLE: COST: 3 I&C Software Deletion (Crystal Reports) ($1,294.00) (credit) Description: The deletion of Crystal Reports software package from the Intellution computer programming scope. Reason: It was determined that the required reporting software was already embedded in the standard Windows software included with each computer. Therefore, the Crystal Reports software was redundant and could be deleted, Justification: To eliminate redundant reporting software and receive the corresponding credit to the Contract amount. ITEM NO.: 4 TITLE: Mixed Liquor Splitter Box Walls COST: $1,782.00 Description: The Contract drawings showed the top of the splitter box walls to be elevation 24.50 feet and showed the weir gate openings from the splitter box to each clarifier to be 18" high. In order to ensure that the splitter weir gate openings do not become submerged at instantaneous peak flows, the gate openings were increased to 24" high. To account for the 6" increase in gate opening, the top of wall was raised the corresponding 6 inches. Reasons: Recorded instantaneous peak flows have been significantly higher than those established in previous design criteria (mainly due to infiltration and inflow into the wastewater collection system during heavy rains). The higher splitter box weir gate l' A ND CHGORDER511/22/00 DEC 1 2 Z000 P6... Change Order No. 5 Summary 11/22/00 Page 3 of 3 openings were established to provide a greater margin of safety during these wet weather flows. Justification: This item provides a more conservative hydraulic design; as such, it is a betterment to the project. CHG ORDER511/22/00 £m T DEC I 2 2000 EXECUTIVE SUMMARY AWARD REQUEST FOR PROPOSAL #00-3129 FOR THE PURCHASE OF AN AUTOMATIC METER READING SYSTEM OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award RFP #00-3129 - Automatic Meter Reading System to standardize the purchase of meters to be read by radio in order to upgrade meter reading technology. CONSIDERATIONS: The Utilities Division received Board approval through the budget process to convert from the manually read meter system currently being utilized to an automatic meter reading system based on radio technology. RFP No. 00-3129 was developed to solicit for purchase of an automatic meter reading system. Two proposals were received in response to this Request for Proposal. The Selection Committee evaluated both proposals and found by consensus that the proposal submitted by ABB Water. Meters, Inc. met all of Collier County's criteria, and ABB Water Meters, Inc. has been selected as the preferred vendor. RFP No. 00-3129 included a price list for 3/4" to 2" meters along with required accessories. That price list will be utilized in developing the final contract with ABB Water Meters, Inc. FISCAL IMPACT: The fiscal impact of this purchase during the current Fiscal Year is in the estimated amount of $500,000, and will vary depending on the number of meters requested for new construction. Funds are available in the Water Distribution Cost Center. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact from this award to purchase an automatic meter reading system. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award RFP No. 00-3129 for the purchase of an automatic meter reading system to ABB Water Meters, Inc. and authorize the Chairman to sign the standard agreement after approval by the County Attorney's office. SUBMITTED BY: REVIEWED BY: Pamela Libby, Di~rifiution -c___ Pa~ul Mattausch, Water Director REVIWED BY: APPROVED BY: TABULATION FOR RFP # 00-3129 "Automatic Meter Reading Systems" DATE OF RFP ADVERTISEMENT: August 9, 2000 RFP DUE: September 1, 2000 @ 3:00 PM NO. OF INQUIRIES SENT:90; VENDORS REQUESTED FULL PACKAGE: 8 Proposer City,, State ABB Water Meterss Ocala, FL Badger Meter Miwalkee. WI tilt Original + 5 Copies X Yes F-'] No E~ Yes x No Yes F-] No Yes 1---[ No Yes [--] No Yes [-] No F--] Yes F--] No [--] Yes[-'] No L--J YesE~] No [-'-'] Yes[--] No Rhonda Opened by Donna Williamson Witness "NON-PROPOSAL" RESPONSES RECEIVED FROM: VENDORS DEC 2 2DOC: EXECUTIVE SUMMARY APPROVE CONSENT ORDER CASE NO. 00-0951-11-HW, COLLIER COUNTY REGIONAL WATER TREATMENT NORTH PLANT OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve: 1. Authority for the County Manager to sign Consent Order Case No. 00-0951-1 I-HW, Collier County Regional Water Treatment North Plant, and 2. A check to be issued in the amount of $11,750.00 to the Department of Environmental Protection in the settlement of matters addressed in the Consent Order, and 3. Expenditures in the amount of $52,350.00 to offset civil penalties via a Supplemental Environmental Project as outlined in the Consent Order. CONSIDERATIONS: On March 8, 1999, an approximate quantity of 477 gallons of concentrated sulfuric acid was released to a stormwater management area on the site of the North County Regional Water Treatment Facility. The material released. is considered to be a hazardous waste. Collier County staff and staff from the Florida Department of Environmental Protection (FDEP) have worked closely to reach a resolution to this matter. The County and the FDEP have mutually agreed to the following: 1. The County shall pay the amount of $11,750.00 in civil penalties in settlement of matters addressed in the Consent Order. This amount includes $11,250.00 in civil penalties and $500.00 in administrative fees. 2. The County will be allowed to offset an additional $52,350.00 in civil penalties through a Supplemental Environmental Project (SEP) submitted by the county and subsequently approved by the FDEP. The approved SEP is planting trees in selected areas of the county. 3. The County shall comply with all FDEP rules regarding hazardous waste management, including corrective actions set forth in a guidance document entitled "Resource Recovery and Conservation Act (RCRA) Generator Closure Guidance." County staff has worked proactively to prevent any future releases of hazardous materials at boih of the water treatment facility sites, and has worked cooperatively with staff fi'om the FDEP during ihe investigation of this incident and the subsequent negotiations to arrive at a final Consent Order. Because of the proactive approach that the County has taken, and the positive approach to seeking resolution to this matter, the FDEP has significantly reduced the amount of the fine and has agreed to simplify the RCRA Generator Closure process. Federal penalties could have been as much as $180,000.00. Additionally, an approved SEP could have been as much as $270,000 in lieu of a portion of the civil penalties. The FDEP could have assesses additional fines amounting to $86,100.00 for the two cited violations. RCRA regulations could have been applied more stringently for additional hazardous waste violations, each carrying substantial additional penalties. A course has been outlined jointly by the County, its consultants, and the FDEP that will significantly reduce the costs related to the RCRA Generator Closure at the water treatment facility site. DEC I 2 200' FISCAL IMPACT: The total cost associated with this consent order is $64,100, and includes a civil penalty of $11,750.00 and an additional $52,350 associated with a Supplemental Environmental Project (SEP). Funds for the $11,750.00 free are available in the Water Department operating budget. Funds for the $52,350.00 SEP are available in fee-supported Water Capital Funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to the approval of the Consent Order. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the County Manager to sign Consent Order Case Number 00-0951-11-HW, authorize the payment of the civil penalty in the amount of $11,750.00, authorize expenditure of $52,350.00 to offset additional civil penalties through a Supplemental Environmental Project. SUBMITTED BY: ,I ~-~I :,7~,,~..,.,, ~ Paul Mattausch, Water Director ~l~mes Mudd, Public Utilities Administrator Jeb Bush Governor Department of Environmental P South District P.O. Box 2549 Fort Myers, Florida 33902-2549 rotection David B. Struhs Secretary October 9, 2000 CERTIFIED MAIL NO. 7099 3220 0001 6213 6162 RETURN RECEIPT REQUESTED Edward N. Finn Collier County Board of County Commissioners 3301 East Tamiami trail Naples, FL 34112 Dear Mr. Finn: Re.' Collier County-HW OGC Case No. 00-0951-11-HW Collier County Regional Water Treatment North Plant Southwest Coast EMA Attached is the final copy of Consent Order OGC Case No. 00-0951-11-HW to resolve violations noted in the complaint. Please have Mr. Thomas Olliff sign the original and return it to this office within thirty (30) days of receipt of the Consent Order. After it has been executed by the Department, your copy will be returned to you. If you have any questions, please contact Charles E. Emery III or Philip A. Barbaccia at (941) 332-6975 or write to the letterhead address. Your cooperation in this matter will be appreciated. Sincerely,, / , ? Richard W. Cantrell Director of District Management RWC/CE/se Enclosure cc: Paul Mattausch (w/enclosure) "More Protection, Less Process" Pnnted on recycled paper. AG[NDA tT£I~ DEC 12 2000 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. Complainant, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Respondent. ) ) ) ) ) ) ) ) ) ) ) / IN THE OFFICE OF THE SOUTH DISTRICT OGC FILE NO. 00-0951-11-HW CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department") and Collier County Board of County Commissioners to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to administer and enforce the provisions of the Florida Resource Recovery and Management Act, Sections 403.702, et seq., Florida Statutes, and the rules promulgated thereunder, Florida Administrative Code Chapter 62-730. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 403.703(4), Florida Statutes. 1 3. Respondent owns and operates the Collier County North Regional Water Treatment Facility (hereinafter "facility") located at 7008 Vanderbilt Road Extension, Naples, Florida 34120. This facility produces potable water to be used within Collier County. 4. On March 7, 1999 a spill of approximately 477 gallons of concentrated sulfuric acid occurred into the facility's containment structure. Employees at the water plant added approximately 1723 gallons of water to the sulfuric acid. On March 8, 1999, county employees contracted with a septic tank hauler to pump out the containment area and discharge the material to an on site stormwater system. The discharged material was a hazardous waste. Based on this information Respondent's representative was issued a warning letter on April 4, 2000. (See attached letter, Exhibit I). Having reached a resolution of the matter Respondent and Department mutually agree and it is, ORDERED: 5. Within twenty (20) days of the effective date of this Consent Order, Respondent shall pay the Department $11,750.00 in settlement of the matters addressed in this Consent Order. This amount includes $11,250.00 in civil penalties for alleged violations of' Section 403.727, Florida Statutes, and of the Department's rules and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by cashier's check or money order. The instrument shall be made payable to "The Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund" for the civil penalty and the "Water Quality Assurance Trust Fund" for Department expenses. 6. The Department is allowing the Respondent to offset $52,350.00 in civil penalties via a Supplemental Environmental Project (SEP) as outlined in attached Exhibits III and IV. The specific projects approved are items one and six as listed within Exhibit III. Project one within Exhibit III is 2 NO. DEC 1 2 2000 limited to trees native to Florida. The Respondent shall submit invoices to the Department's South District office, documenting purchases of all equipment, trees and miscellaneous items needed to complete this SEP. The SEP will be completed within 180 days of the signing of this Consent Order. With regard to the tree planting SEP, there is an expectation that at a minimum 85% of the trees planted will be alive within two years of completion of the project. If this minimum percentage is not achieved, additional trees will be planted to meet this goal. If the SEP is not completed within 180 days of the signing of this consent Order and receipts documenting the purchase of the trees are not received within the same timeframe, the SEP option will be forfeited and the SEP portion of the civil penalty, $52,350.00, shall be due within ten (10) days of written notice from the Department. 7. Effective immediately, Respondent shall comply with all Department rules regarding hazardous waste management. Respondent shall correct all violations listed below within the stated time periods and shall comply with all applicable sections in Florida Administrative Code Chapter 62- 730 and 40 Code of Federal Regulations ("C.F.R.") Parts 260-266 and 268. All time periods shall run from the effective date of this Consent Order. 8. Respondent agrees to pay the Department stipulated penalties in the amount of $100.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 5, 6, and 9 of this Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within thirty (30) days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Department of Environmental' Protection" by Cashier's check or money order and shall include thereon the OGC number assigned to this Order and the notation "ecosystem Management and Restoration Trust Fund." The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. 3 DEC 1 2' OiO Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in Paragraph 5 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil. penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 9. Respondent shall implement the corrective actions as set forth in the document entitled "RCRA Generator Closure Guidance, attached and incorporated herein as Exhibit II in the manner and within the time frames specified therein. 10. Respondent shall close the unpermitted hazardous waste management unit (identified in Paragraph 4) in accordance with the closure performance standard set forth in 40 C.F.R. 264.111, as adopted by reference in Rule 62-730.180(1), F.A.C. In order to accomplish closure, Respondent shall implement the tasks set forth in the document entitled "RCRA Generator Closure Guidance" (Closure Guidance), attached and incorporated as Exhibit II, in the manner and within the time frames set forth therein. Closure Guidance. 12. Failure to make submissions or complete tasks required by the Closure Guidance in a timely manner shall constitute a violation of this Consent Order, and shall subject Respondent to stipulated penalties set forth in Paragraph 8. In particular, in addition to other possible types of violations under this Consent Order, failure to submit a Source Removal Action (SRA) plan which adequately addresses the tasks, objectives and information in Paragraph 12 of the Closure Guidance after one request for information (RFI), and failure to submit a Contamination Assessment Report which adequately addresses the objectives and information outlined in Paragraphs 19 and 20 of the 4 This Consent Order is the "Order incorporating this Closure Guidance" referred to in the closure Guidance after one RFI, and failure to submit a complete and technically adequate closure/post-closure permit application, if required by the terms of Paragraphs 24 or 25 of the Closure. Guidance after one Notice of Deficiency (Nod), are each a violation of this Consent Order for which Respondent agrees to pay $5,000.00 per violation. 13. In the event Respondent is notified by the Department to submit a closure/post-closure permit application pursuant to the terms of Paragraphs 24 or 25 of the Closure Guidance, the Facility shall be subject to the corrective action provisions of' 40 C.F.R. 264.101 for all solid waste management units at the facility. 14. If any event, including administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause o~? the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused AG£~OA IT. EP- ~. DEC 1 2 PGo 0& by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 15. Respondent shall allow all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 16. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 17. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.727(1), Florida Statutes. 18. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $50,000.00 per day per violation and criminal penalties. 19. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (recei,)ed) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this 6 ooo notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any fight such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's f'mal action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the fight to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will' only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. 7 Mo. DEC I 2 2000 A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect he right to a heating if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the Proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; 8 (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. 0a) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 20. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 9 21. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations outlined in this Consent Order; provided, however, should the Department conclude that clean up of the contaminated area to site rehabilitation levels, is not feasible; or should the Respondent not completely implement the remedial or corrective action plan (however denominated) as approved by the Department; the Department expressly reserves its right to seek restitution from Respondent for environmental damages. Within 20 days of receipt of Department's written notification of its intent to seek said restitution, Respondent may pay the amount of the damages or may, if it so chooses, initiate negotiations with the Department regarding the monetary terms of restitution to the state. Respondent is aware that should a negotiated sum or other compensation or environmental damages not be agreed to by the Department and Respondent within 20 days of receipt of Department written notification of its intent to seek restitution, the Department may institute appropriate action, either administrative through a Notice of Violation, or judicial, in a court of competent jurisdiction through a civil complaint, to recover Department assessed environmental damages as provided by law. 22. Respondent acknowledges and waives its right to an administrative heating pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order. 23. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. I0 DEC 1 2 2000 24. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, P.O. Box 2549, Fort Myers, Florida, 33902-2549. 25. In the event of a sale or conveyance of the facility or of the property upon which the facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility, (1) notify.. the Department of such sale or conveyance, (2) provide the name and address of the purchaser, or operator, or person(s) in control of/he facility, and (3) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 26. Within 30 days of the effective date of this Consent Order, Respondent shall comply with the applicable requirements of Florida Administrative Code Chapter 62-730.181 (3). 27. Respondent shall use all reasonable efforts to obtain any necessary access for work to be performed in the implementation of this Consent Order. If necessary access cannot be obtained, or if obtained, is revoked by owners or entities controlling access to the properties to which access is necessary, Respondent shall notify the Department within (5) business days of such refusal or revocation. The Department may at any time seek to obtain access as is necessary to implement the terms of this Consent Order. The Respondent shall reimburse the Department for any damages, costs, or expenses, including expert and attorneys fees, that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain access as is necessary to implement the terms of this Consent Order. Respondent shall pay these sums to the Department or arrange a payment schedule with the Department within 30 days of written demand by the Department. 11 ' A £N~ I E "' 28. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities, which may arise under Florida law, nor is it a settlement of any violation, which may be prosecuted criminally or civilly under federal law. 29. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Floi'ida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. DONE AND ORDERED this in Fort Myers, Florida. day of ,2000, FOR THE RESPONDENT: DATE Thomas W. Olliff County Manager FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to {}120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLERK DATE Richard W. Cantrell Director of District Management RWC/CE/se cc: Larry Morgan 12 Exhibit I DEC 1 2 ~' -'""-~*. ~- - ~/-~~~. D e O art rn e n t o f .....nwronmental Prot E ection ............ ~ South Distri~ Jeb Bush P.O. Box 2~9 Gove~or Fo~ ~ye~, Florida 33902-~49 Ap~] 4, 2000 FiLE David B, Struhs Secretary CERTIFIED MAIL NO. Z 541 193 617 RETURN RECEIPT REQUESTED Thomas W. Olliff Collier County Manager Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Re: Collier County - HW Collier County North Water Treatment Plant Southwest Coast EMA Dear Mr. Olliff: A hazardous waste issue stemming from the sulfuric acid discharge at the referenced facility on March 8, 1999 has been formally conveyed to the District's Hazardous Waste Section for resolution. The authority to handle this matter is granted under Chapter 403, Part IV, Florida Statutes ('FS), Florida Administrative Code (FAC) Rule 62-730. In addition through a memorandum of agreement with the United States Environmental Protection Agency, the Department has been given authority to enforce Chapter 40 Code of Federal Regulations Parts 260-27i and 279. Based upon the facts of the incident on March 8, 1999 the following violations may have occurred. 1) Chapter 403.727(1)(b), FS and FAC 62-730.240 -No person shall begin operation of a hazardous waste facility without applying for and receiving an operation permit from the Department. 2) 40 CFR 268.7 - The generator of hazardous waste may not land apply hazardous waste without meeting treatment standards. You or your representatives are requested to meet with our Hazardous Waste staff on April 14, 2000, immediately following your 10:00 a.m. meeting with our Potable Water Section to discuss this matter. Potential penalties will be discussed at that time. The Department is interested in reviewing any additional facts you may have. You may bring anyone with you to the meeting you feel could help resolve this matter. Continued ..... "More Protection, Less Process" Priated on recycled peper. DEC 1 2 2000 ~. i"7 Exhibit II RCRA GENERATOR CLOSURE GUIDANCE TABLE OF CONTENTS Section Page Part 1 Quality Assurance Part 2 Warning Signs Part 3 Progress Reporting and Notifications Part 4 Source Removal Actions Part 5 Contamination Assessment 1 2 2 3 5 Part I Quality Assurance 1. Pursuant to Chapter 62-160, Florida Administrative Code (F.A.C.), the sampling and analysis activities conducted for Source Removal Actions and Contamination Assessment under this Closure Guidance are Category 4, that is, laboratory and field activities for the specified project shall be outlined in a DEPARTMENT APPROVED Quality Assurance Project Plan (QAPP) . Furthermore, any laboratory data which is submitted in support of a "Certification of Clean Closure" (CCC) must be based on EPA Document SW-846 sampling and analysis methods. 2. Within 30 days of the effective date of the Order incorporating this Closure Guidance (the Order), Respondent shall submit to the Department documents certifying that the organizationis) and laboratory(s) performing the sampling and analysis have a DEPARTMENT APPROVED Comprehensive Quality Assurance Plan (Comp QAP) in which they are approved for the sampling and analysis intended to be used for any assessment and corrective actions at the site. The documentation shall, at a minimum, contain the TITLE PAGE and TABLE OF CONTENTS of the approved Comp QAP meeting the requirements of Rule 62.160, F.A.C. If the organization(s) or laboratory(s) performing the sampling and analysis change at any time during the assessment and corrective actions, documentation of the DEPARTMENT APPROVED Comp QAP of the new organization or laboratory must be submitted at least 20 days prior any sampling or analysis. If at any time sampling and analysis are to be conducted which are not in the Approved Comp QAP, documentation of amendments and approvals pursuant to Rule 62-160.210, F.A.C., shall be required. 3. Within 60 days of the effective date of the Order, 'Respondent shall submit to the Department for review and approval a site-specific Quality Assurance Project Plan (QAPP) which complies with all applicable requirements of Chapter 62-160, F.A.C. A QAPP is required for all persons, including consultants and laboratories, collecting or analyzing samples. 4. In the event that Respondent wishes to amend or change an approved QAPP or the Department requires a new QAPP or modification of the previously approved QAPP, protocols specified in Rule 62-160.220(7), F.A.C., shall be followed. If QAPP modifications are required by the Department, such modifications shall be submitted to the Department within 30 days of receipt of a notice from the Department to do so. The Department, in its sole discretion, may grant an extension of time for submittal of the QAPP modifications. 5. The Department reserves the right to reject all results generated by Respondent prior to QAPP approval if there is reasonable doubt as to the quality of the data or methods used or which are not in accordance with the Department approved QAPP. THE FACT THAT THE DEPARTMENT HAS NOT APPROVED RESPONDENT'S PROPOSED QAPP SHALL NOT ACT TO EXTEND ANY DEADLINES SET FORTH IN THIS CLOSURE GUIDANCE. Part 2 Warning Signs 6. Within 30 days of the effective date of the Order, Respondent shall post signs at the subject facility in accordance with the requirements of §403.7255, Florida Statutes (F.S.) Warning signs shall be maintained throughout the period of time the tasks described herein are on-going. Part 3 Progress Reporting and Notifications 7. On the first working day of each month after the effective date of the Order, Respondent shall submit written progress reports to the Department. These progress reports shall describe the status of each currently required or on-going closure task. The reports shall be submitted until final closure pursuant to a Deparkment-approved Certification of Clean Closure or until a closure permit is issued. 8. Respondent shall provide written notification to the Department at least ten days prior to installing monitoring or recovery wells, and shall allow Department personnel the opportunity to observe the location and installation of the wells. All necessary approvals must be obtained from the water management district before Respondent installs the wells. 9. Respondent shall provide written notification to the Department at least 20 days prior to any sampling, and shall allow Department personnel the opportunity to observe sampling or to take split samples. Raw data shall be exchanged between DEC 1 2 2000 1 the Respondent and the Department as soon as the data is available. !0. Respondent shall immediately notify the Department of any problems encountered by Respondent which require modification cf any task in this Closure Guidance document, and obtain Department approval prior to implementing any such modified tasks. 11. If any event occurs which causes delay or the reasonable likelihood of delay in the achievement of any of the requirements of this Closure Guidance, Respondent shall have the burden of proving that the delay was or will be caused by circumstances beyond the reasonable control of Respondent, and could not have been or can not be overcome by due diligence. Upon occurrence of the event Respondent shall promptly notify the Department orally and shall, within seven calendar days, notify the Department in writing of the anticipated length and cause of delay, the measures taken or to be taken to prevent or minimize the delay, and the time table by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance thereunder shall be extended for a period equal to the delay resulting from such circumstances. Such agreement shall be confirmed by letter from the Department accepting or if necessary modifying the extension request. Respondent shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this paragraph shall constitute a waiver of Respondent's right to request an extension of time to complete the requirements of this Closure Guidance. Increased costs of performance of any of the activities set forth in this Closure Guidance or changed economic circumstances shall not be considered circumstances beyond the control of Respondent. Part 4 Source Removal Actions 12.A. Within 30 days following the effective date of the Order, Respondent shall submit to the Department a detailed written closure plan for Source Removal Actions (SRA) and a preliminary schedule for site assessment that meets the objectives of 40 CFR 265.111. 12.B. The objectives of the SRA shall. be to remove specific known contaminant source(s), and/or provide temporary controls to prevent or minimize contaminant migration. Applicable portions of the SP~A plan shall be signed and sealed pursuant to §403.0877, F.S. The SP~A plan will be evaluated with respect to the following criteria: DEC 1 Z 000 (1) Rational for the SRA proposed, incorporating engineering and hydrogeological considerations including but not limited to technical feasibility; long-term and short-term environmental effects; implementability (including any permits or approvals from federal, state, and local agencies); reliability; and a thorough discussion of any alternative SRAs considered and not proposed; (2) Design and construction details and specifications for the SRA; (3) Operational details of the SRA including but not limited to the disposition of any effluent; expected contaminant cohcentrations in the effluent; an effluent sampling schedule if treated ground water is being discharged to ground water, surface water, or to the ground; and the expected concentrations and quantities of any contaminants discharged into the air as a result of remedial action; (4) Operation and maintenance plan for the SRA including but not limited to daily, weekly, and monthly operations under routine conditions and a contingency plan for non-routine conditions; (5) Details of the treatment and disposition of any contaminated soils or sediments. Any soils or non aqueous phase liquid removed during the SR3X shall be completely analyzed for chemical constituents and TCLP characterization; (6) The effectiveness of the SRA will be determined by the Contamination Assessment as implemented pursuant to Section 5 "Contamination Assessment." (7) A detailed schedule for the completion of the SRA, which shall in no case exceed 90 days; (8) A Department approved Comp QAP. 13. The Department shall review the proposed SRA plan and provide Respondent with a written response to the proposal. Respondent shall not implement the SRA plan until Respondent receives written notification from the Department that the SRA plan has been approved. 14. In the event that additional information is necessary for the Department to ~valuate the SRA plan, or if the SP~A plan does not adequately address the objectives and criteria set forth in Paragraph 12, the Department will make a written request to Respondent for the information (Request for Information, or DEC 1 2 2000 RFI), and Respondent shall provide all requested revisions in writing to the Department within 30 days of receipt of the RFI. The Department, in its sole discretion, may grant an extension of time for submittal of the SPA modifications. 15. If the Department determines upon review of the resubmitted SRA plan that the SRA plan still does not adequately address the objectives and criteria set forth in Paragraph 12, the Department, at its option, may choose to do any or all of the following: draft specific modifications to the SPA plan which shall be in writing and which shall be incorporated in the SRA; take legal action to enforce compliance with the Order or applicable law and to recover damages and civil penalties; or complete the corrective actions outlined herein and recover the costs of completion from Respondent. 16. Once an SP~A plan has been approved by the Department, it shall become effective and made a part of this Closure Guidance an~ the Order. The SR3t shall be STARTED within 30 days of receipt of the Department's notification to the Respondent that the SRA has been approved and shall be completed within the approved time schedule set forth in the SP~A plan. The approved SR3t plan shall incorporate all required modifications to the SPA identified by the Department. 17. Implementation of the SPA plan shall not spread contaminants into uncontaminated or less contaminated areas through untreated discharges or improper treatment. Part 5 Contamination Assessment 18. Within 60 days of the effective date of the Order, Respondent shall submit to the Department a detailed written Contamination Assessment Plan (CAP). Applicable portions of the CAP shall be signed and sealed pursuant to §403.0877, F.S. If, prior to the effective date cf the Order, the Respondent has completed a preliminary site or contamination assessment, Respondent shall submit to the Department a detailed written CAP within 60 days of receipt of notice from the Department that a CAP is required. 19.A. The purpose of the CAP shall be to propose methods for collection of information necessary to meet the following objectives to achieve closure plan performance requirements in accordance with 40 CFR 264.111: (1) Provide a complete and accurate determination, both on site and off site, of the horizontal and vertical extent of soil, sediment, surface water and ground water contamination, ! , I and a complete and accurate characterization of any and all contaminated media; (2) Determine or confirm the contaminant source(s); mechanisms of contaminant transport; rate and direction of contaminant movement in the air, soils, surface water and ground water; and rate and direction of ground water flow; (3) Determine the amount of material discharged, and the time period over which it was discharged (if applicable); (4) If leaking storage tanks may be the source of the contamination, determine the structural integrity of all aboveground and underground storage systems (including integral piping) which exist at the site; (5) Establish the vertical and horizontal extent of material discharged (if applicable); (6) Describe pertinent geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones; (7) Describe geologic and hydrogeologic characteristics of the sise which influence migration and transport of contaminants; and (8) Provide a site history as specified in Paragraph 19.B. The CAP shall specify tasks which are necessary to achieve the objectives described in Paragraph 19.A. above. The CAP shall include a reasonable and detailed time schedule for completing each task, which in nc case shall a task exceed 120 days. The tasks may include, but are not limited to, the following: (1) Use of piezometers or wells to determine the horizontal and vertical directions of the ground water flow; (2) Use of Electromagnetic Conductivity (EM) and other geophysical methods or vapor analyzers to determine appropriate placement of soil borings or ground water monitoring wells; (3) Use of fracture trace analysis to discover linear zones in which discrete flow could take place; (4) Use of monitoring wells to sample ground water in affected areas and to determine the vertical and horizontal extent of the ground water plume; (5) Sampling of public and private wells; (6) Sampling of surface water and sediments; (7) Sampling of air for airborne contaminants; (8) Analysis of soils and drum and tank residues and review of material safety data sheets (MSDS), waste volumes, and waste management practices for hazardous waste determination and contaminant characterization; (9) Use of geophysical equipment such as magnetometers, ground penetrating radar, or metal detectors to detect tanks, lines or pipes, etc..; (10) Determination of the horizontal and vertical extent of soil and sediment contamination; (11) Use of soil and well borings to determine pertinent site-specific geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones such as aquifers, confining beds, and unsaturated zones; (12) Use of geophysical methods, pump tests and slug tests to determine geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones; and (13) As a mandatory task, preparation and submittal of a written Contamination Assessment Report ("CAR") to the Department. 19.C. The CAP shall provide a detailed technical approach and description of proposed methodologies describing how proposed tasks are to be carried ouc. The CAP shall include, as applicable, the following information: (!) A detailed site history including: a description of past and present property and/or facility owners; a description of past and present operations including those which involve the storage, use, processing or manufacture of materials which may be potential pollution sources; a description of all products used or manufactured and of all by-products and wastes (including waste constituents) generated during the life of the facility; a summary of current and past environmental permits and enforcement actions; a summary of known spills or releases of materials which may be potential pollution sources; and an inventory of potential pollution sources within 0.25 (one quarter) mile; DEC 1 2 20O0 ._ (2) Details of any previous site investigations including results of any preliminary ground water flow evaluations; (3) Proposed sampling locations and rationale for their placement; (4) A description of methods and equipment to be used to identify and quantify soil or sediment contamination; (5) A description of water, soil and air sampling methods; (6) Parameters to be analyzed, analytical methods to be used, detection limits of these methods and justification for their selection; (7) Proposed piezometer and well construction details, including drilling methods and well development procedures; (8) A description of methods proposed to determine aquifer properties (e.g., pump tests, slug tests, permeability tests, computer modeling); (9) A description of geophysical methods proposed for the project; (10) Details of any other assessment methodology proposed for the site; (11) A description of any survey to identify and sample public or private wells which are or may be affected by the contaminant plume; (12) A description of the regional geology and hydrogeology of the area surrounding the site; (13) A description Of site features (both natural and man-made) pertinent to the assessment; (14) A description of methods and equipment to be used to determine the site specific geology and hydrogeology; and (15) Details of how drill cuttings, development and purge water from installation of monitoring wells will be collected, characterized, managed and disposed of. 20. Dqpartment approval of the CAP is not required by the terms of this Closure Guidance. Once a CAP has been submitted to the Department, that CAP shall be made a part of this Closure Guidance and the Order. Respondent shall begin to implement the CAP within 30 days of submittal to the Department, that is, within 90 days of the effective date of the Order. As a courtesy to Respondent, the Department may, at its sole discretion, review the CAP and provide Respondent with an evaluation or recommendations which may be helpful to the Respondent in preparing the required Contamination Assessment Report, which is subject to Department approval pursuant to Paragraphs 23 through 25. NOTE: Any sampling or analysis conducted in the implementation of a CAP must be conducted pursuant to a Department-approved QAPP to which the provisions of Paragraphs 1, 3, 4, and 5, apply. 21. All reporting and notification requirements spelled out in Paragraphs 7 through 11 shall be complied with during the implementation of the CAP tasks. Within 10 working days of completion of the CAP tasks, Respondent shall provide written notice to the Department that the CAP tasks have been completed. 22. Within 300 days of the effective date of the Order, Respondent shall submit a written Contamination Assessment Report (CAR) to the Department. Applicable portions of the CAR shall be signed and sealed pursuant to §403.0877, F.S. The CAR shall: 22.A. Summarize all tasks which were implemented pursuant to the CAP; 22.B. Specify results and conclusions regarding the site assessment objectives outlined in Paragraph 19; 22.C. Include, but not be limited to, the following tables and figures: (1) A table with well construction details, including depth to water measurements and water elevations; bit/augur diameter and drilling fluids; dates of installation; well driller's name and license number; surveyor's name and license number; casing materials, inside and outside diameters of casing, top of casing elevation, and depth of casing; screen material, inside and outside diameter of screen, depth of screened intervals and slot size of screen; annulus material, including additives for sealing, size of annulus material, depth of annulus, installation method of annulus; (2) A site map showing water elevations, water table contours and the ground water flow direction for each aquifer monitored for each sampling period; (3) A table with water quality information for all monitor wells; (4) Site maps showing contaminant concentrations and contours of the contaminants; (5) Cross sections depicting the site-specific geology at least to the top of the confining unit. In general there should be at least one north to south cross section and one east to west cross section; and (6) Identification of the first confining unit. 22.D. Include copies of field notes pertaining to field procedures, particularly of data collection procedures; and 22.E. Make one of the following recommendations: (i) a Certification of Clean Closure (CCC) for the site is appropriate or (ii) the site must undergo further corrective action pursuant to RCRA post-closure requirements. The recommendation shall be based on site rehabilitation levels (SRLs) as set forth in Paragraph 22.F. below. If appropriate monitoring data reveals that the site meets SRLs, then a recommendation of CCC would be supported. If the site does not meet SRLs, a recommendation of RCRA permit must be made. 22.F. The SRLs for ground water shall be the Chapter 62-520, F.A.C. standards and the Department's numerical interpretation of the Chapter 62-520, F.A.C. minimum criteria, or background levels, as determined by the Department, whichever is higher. The SRLs for surface waters shall be those specified in Rule 62-302, F.A.C. or background levels, as determined by the Department, whichever is higher. SRLs for soil shall be background levels, as determined by the Department. 23. The Department shall review the CAR and determine whether it has adequately met the tasks, objectives and information specified in Paragraphs 19 and 22, and whether appropriate data supports the recommendation required by and made pursuant to Paragraph 22.E. above. In the event that additional information is necessary for the Department to evaluate the CAR or if the CAR does not adequately address the CAP tasks, objectives and information set forth in Paragraphs 19 and 22, the Department will make a written request to the Respondent for the information (RFI), and the Respondent shall provide all requested revisions in writing to the Department within 30 days from receipt of the RFI. The Department, in its sole discretion, may grant an extension of time for submittal of the CAR revisions. 24. If the Department determines upon review of the CAR or the CAR revisions that all of the CAP tasks, objectives and information have been satisfactorily addressed and that the appropriate recommendation has been made, the Department will provide written notification to the Respondent. 24.A. If the approved recommendation is a Certification of Clean Closure (CCC), Respondent must submit a CCC within 10 days of receipt of the Department's notification. 24.B. If the approved recommendation is RCRA closure/post- closure permit, Respondent shall submit a complete and technically adequate application which meets the requirements of Rule 62-730, F.A.C., along with the appropriate application fee, within 60 days of receipt of the Department's notification. 25. If no CAR is submitted within the applicable time limit; or if the Department determines upon review of the CAR or the CAR revisions that the CAR still does not adequately address the CAP tasks,.objectives and information; or that appropriate monitoring data does not support a recommendation that CCC is appropriate; then Respondent shall submit a complete and technically adequate application which meets the requirements of Rule 62-730, F.A.C., along with the appropriate application fee, within 60 days of receipt of notice of the Department's determination. 26. The Department shall review the application, if any, submitted pursuant to Paragraph 24 or 25 and determine whether it is complete and technically sufficient. In the event that additional information is necessary for the Department to evaluate the application, the Department will issue to Respondent a written Notice of Deficiency (NOD). Respondent shall provide all requested revisions in writing to the Department within the time period set forth in the NOD, or, if no time period is set forth in the NOD, within 30 days from receipt of the NOD. The Department, in its sole discretion, may grant an extension of time for submittal of the revised application. 27. If the Department determines upon review of the revised application submitted in response to one NOD that the application is still incomplete or technically deficient, the Department, at its option, may choose to do any or all of th~ following: draft specific modifications to the permit application and issue the permit as modified; notify Respondent of failure to comply with the requirements of Paragraph 24, 25 or 26; take legal action to enforce compliance with the Order or applicable law and to recover damages and civil penalties; issue to Respondent another NOD, with time limits for submittal of revisions. The provisions of paragraphs 26 and 27 apply to responses to a second and any subsequent NODs. 2O00 28. Generator closure activities shall not be deemed completed until such time as the Department provides the Respondent with written notice that the CCC is approved, or a RCRA closure/post closure permit is issued and complied with. I Exhibit III] DEC 1 2 2O0O p~. ,~/ COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION May 18, 2000 3301 E. TAMIAMI TRIAL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Mr. Philip A. Barbaccia Florida Department of Environmental Protection 2295 Victoria Avenue, Suite 364 Fort Myers, Florida 33901 Re: Consent Order - Collier County Regional Water Treatment Plant - North OGC Case No. 00-0951-11-HW Dear Mr. Barbaccia: In response to your May 3, 2000 letter, we would like to propose any one or combination of the following suggestions as Supplemental Environmental Projects (SEPs) to offset a portion of the proposed civil penalty for the Consent Order. Each Project has an estimated budget of $50,000. Leaf 2000 Project - Plant 500 - 15-gallon trees at the following locations: CR 951 boat ramp, Vineyards, ELCP, GGCC, Isles of Capri, and Max Hasse Park. Use various teen groups to help with the replanting. Midnight Basketball, Teen Camps, church groups, Skimmers, etc. Eagle Lakes Park - Build a boardwalk into Pond A or B to allow the public to experience the bird population and plant life 'up close and personal'. Sugden Park - Build a bird blind and/or boardwalk into the lake along the backside of the peninsula. Environmental Kiosks - Install Environmental Kiosks at Eagle Lakes, East Naples and Sugden Parks. Barefoot Beach - Construct a 20-foot observation tower. Recycled Neighborhood Park Enhancements - Use recycled products for playground equipment, benches, picnic tables, trash containers and informational kiosk about recycling. Our recommendation would be Project #1, Leaf 2000. F:\Barbara~.L~m~rs MAY 2 2 2000 Socr Gisttict j DEC f2 000 We will provide an update concerning the North Plant site survey under separate cover. Please contact me to discuss this matter (941-732-2575) at your convenience. Sincerel , Interim Public Works Administrator ENF/bao Cc'. G. George Yilmaz Paul Mattausch John Dunnuck NWTF Consent Order File DEC 1 2 2000 Exhibit IV [ INTEROFFICE MEMORA To: Charles Emery FTM $u~ect: Trees for Collier County settlement D~I~: 30-Aug-2000 08:12am From: Mark Miller FTM MILLER M De~: South District Office TelNo: 941/332-6975 ( EMERY C ) Please see the attached list, which should give the county a good start. By no means is the list all-inclusive. Some of the trees are listed for "wetland areas" although they're not wetland trees per se. So, they would need to be planted near, but not in, the wetland. Some of the trees, like mahogonies, are also better for confined urban areas (like streetscapes). Others, like the mastic or strangler fig, need more room to spread out (canopy and root system). And the "coastal" trees are not necessarily beach-type trees; I consider coastal to include areas like Marco Island. If possible, you might want to suggest that the county *contact the Naples Chapter of the Florida Native Plant Society for advice on what trees should be planted at the specific sites to get the best tree for the site(s) and the best survival rate (hopefully your settlement includes survival rates). And perhaps the county should consider not just large tree species for each site, but a combination of larger trees and smaller trees (also sometimes referred to as large shrubs) that may or may not be on the list. A combination of larger and smaller understory trees/shrubs would provide a more diverse mini-habitat. Let me know if you need clarification on the list. Hope it helps. DEC 1 2 2000 P G. ,.,..~_~_~ PLANT LIST FOR COLLIER COUNTY HAZARDOUS WASTE SETTLEMENT 1. Coastal Upland Areas Cabbage palm, sabal palm (Sabalpalmetto) Gumbo-Limbo (Bursera sirearuba) Florida royal palm (Roystonea regia) Sea grape (Coccoloba uvifera) strangler fig (Ficus aurea) 2. Coastal Wetland Areas Cabbage palm, sabal palm (Sabalpalmettoj 3. Non-coastal Upland Areas Cabbage palm, sabal palm (Sabalpalmetto) Florida Slash Pine (Pinus elliottii) Live Oak (Quercus virginiana) S ati n Leaf (Cysophyllum oliviforme) Wax Myrtle (3aryrica cerifera) Mastic (Sideroxylon foetidissimum) Jamaica dogwood (Piscidiapiscipula) Mahogany (Swietenia mahogan0 Marlberry (.drdisia escallonioides) Paradise Tree ($imarouba glauca) strangler fig (Ficus aurea) DEC 12 2000 wild tamarind, Bahama lysiloma (Lysiloma latisiliquum) 4. Non-coastal Wetland Areas Bald cypress (Taxodium distichum) Cabbage palm, sabal palm (Sabalpalmetto)- Dahoon holly (Ilex cassine) Wax Myrtle (Myrica cerifera) Paurotis palm (Acoelorrhaphe wrighti0 Swamp bay (Persea pajustris) O~C ! 2 2009 ~. ~7 -.--- EXECUTIVE SUMMARY APPROVE FUNDING AND A WORK ORDER FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR A 12" WATER MAIN ON EAST US 41 FROM MANATEE ROAD TO BOYNE SOUTH AND A 6" FORCE MAIN FROM PUMP STATION 3.17 TO BOYNE SOUTH, PROJECTS 70862 AND 73061. OBJECTIVE: To improve water and sewer service to customers along East US 41 between Manatee Road and Boyne South. CONSIDERATIONS: This is a two-part item. The first part is to approve funding for engineering inspection services, and also for contingencies during construction of the water main. There is adequate funding for the wastewater force main. The second part of this item is to approve a work order for engineering inspection services of both the water main and force main. The Board awarded a contract for construction of a water main and a wastewater force main along East US 41 on October 24, 2000 (Agenda Item 16 C 3). Engineering inspection services are required during construction of these facilities. Staff has prepared Work Order JEI-FT-01-01 to Johnson Engineering, Inc., under the Agreement for Fixed Term Construction Engineering Inspection Services dated December 14, 1999, Contract 98-2960, for inspection of the water main and force main construction. FISCAL IMPACT: The work order in the amount of $78,840.00 will be funded as follows: $7,881.04 from wastewater funds and $70,958.96 from water funds. Funds in the amount of $7,881.04 are available in the Wastewater Capital Fund. Source of funds is User Fees. A budget amendment is needed to transfer $70,958.96 from Project 70891 to Project 70862 for the work order. Source of funds is Water Impact Fees. Additional funds are needed for contingencies during water main construction in the amount of $76,514.07. A budget amendment is also needed to transfer $76,514.07 from Project 70891 to Project 70862 for contingencies during water main construction ($7,095.90 for inspection contingencies and $69,418.17 for construction contingencies). Source of funds is Water Impact Fees. u¢. / (a Cc2/o,~ L BEC 2 2000 / Executive Summary Approve Funding and Work Order Page 2 The total of the water budget amendments needed is $147,473.03. No xvastewater budget amendments are needed. GROWTH MANAGEMENT IMPACT: The project is consistent with the Water and the Wastewater Master Plans. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order JEI-FT-01-01 in the amount of $78,840.00, and approve the necessary budget amendments. SUBMITTED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY: Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: APPROVED BY: RFD:rfd 'James V. Mudd, Administrator Public Utilities Division DATE: ,%" ~,-"o ,, WORK ORDER # JEI-FT-01-01 Agreement for Fixed Term Construction Engineering Inspection Services Dated December 14, 1999 (Contract #98-2960) This Work Order ts for construction engineering inspection services for work known as (Tnle) US 41 East !2" Water Main Mariatee Rd. to Boxme South and 6" Force Main. Pum~ Station 3.17 to Borne South (Reason for Proiect) Inspection of Utility Contractor's Work The work is specified in the proposal dated November 9. 2000, which is attached herere and made a part of this Work Order. In accordance with the Terms and Conditions of the' Agreement referenced above. Work Order ~ JEl-FT-01-01 is assigned to Johnson Engineering. Inc. (Firm Name) Scope of Work: Task 1: Engineering Inspecuon Services Schedule of Work: Complete work within 200 Proceed author:zing start of work. days from receipt of the Nonce Compensation: In accordance w~th Article Five of the Agreement, the Count)' will compensate the Firm m accordance with the :ime and materials amount indicated in the scheduie below (if a task xs time and material. so indicate and use the established hourl> rate(st as enumerated in Schedule "A" of the Agreemetal. Task i 5~8.840.00 Itime & mater:al~ TOTAL FEE $78.840.00 Any change within monetar) authori:) of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ronald F. Dillard, P.E, Project Manager AL'THORIZED BY: Paul E. Manausck. WaJer Director AUTHORIZED BY:~ J-o}~s~Cheat~a~, Wasaswear mrector Date Date D~te APPROVED BY: Karl W. Boyer. P.E.. Interim Director Public Utilities Engineering Department Date Approved as to Form and As£ist~'n~ ~ounty Attorney ACCEPTED BY: Date: ~., ATTEST: (Corporate S4:cretary) . B v: ?,'v,..:.;~...,~...... ~ '~ ',,-~',,t.--~- Type Name and Title ]cmolate'SN V;O Fixed Ierm Pro Eng Serx 2 By: Johnson Eneineerine Inc. Name of Firm Signature EERING November 9, 2000 Collier County Board of Commissioners M2'. Ron Dillard, PE Project Manager Collier County Utilities Engineering 3301 Tamiami Trail Naples, Florida 33962 CEI Ser~'ices Proposal for 00-3145, US 41 East 12" Water Main, From Mariatee Road to Boyne South and 6" Force Main from Pump Station 3.17 to Bo~vne South. Dear Mr. Dillard: This letter is to confirm that Johnson Engineering, Inc. will provide to Collier County under the Fixed Term Construction Engineering Inspection Services Agreement No. 99-2960 one (1) experienced utility inspector, vehicle, tools and supplies per the ag-reement at the ageed upon rate. The inspector to be assigned to this project is Roy Godshall, Technician IV. (Resume attached). His rate is as indicated in the agzeement is $60.00 per hour. He will able to manage the contract and document and provide as built information as directed by Mr. Dillard. The construction duration is 200 days. Mr. Godshall will be onsite as needed but at atl times the contractor is performing work. The estimated hours assuming no Saturday or Sunday work is t,314 total hours based on a 10 hour work day. Total cost would then be $78,840.00 and is limited to $90,000.00 by the Services Ag-reement. Actual time will be charged which may be less than 10 hrs per day or more on some days. In the event Roy is unable to be on site as a result of illness or vacation Mr. Thomas Woosley or Monty LeCrone will back-up Mr. Godshall to insure the County their interests are protected. If this meets with your approval please provide the required paper work for our execution. in the event additional information is needed to expedite the processing of this invoice please let me know at your earliest convenience. Very truly yours, Cc: CDH, SLM, and file JOHNSON ENGINEERING, LNC. ~Beav'erson Contract Manager 3000 hnmokalee Road, Suite 9, Naples, Florida 34110 (941) 593-7370' Fax (941) 593-7375 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC., FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, CONTRACT 95-2323, PROJECT 70859 OBJECTIVE: To provide additional support services to the North County Regional Water Treatment Plant (NCRWTP) Operations personnel to improve efficiency and reliability of water production. CONSIDERATION: The newly-expanded NCRWTP has been substantially complete and in beneficial use by the County since May 10, 1999. Since the plant was placed into service, several critical operational issues have manifested themselves. In order for the plant to run efficiently, reliably and be able to meet water production demands, the following critical items need to be addressed by the original design consultant, Metcalf & Eddy, Inc., (M&E): · The concentrate pumping station instrumentation and equipment have deteriorated due to a failure of the ventilation system, and a resultant build-up of corrosive gases. Under a previously approved amendment, M&E designed a replacement ventilation system. This item includes construction services and project close out. This item is related to renewal and/or replacement, and will therefore, be funded from User Fees. (add $22,512.00) · Since the plant expansion was placed into service, several instrumentation problems have surfaced that require reprogramming. The plant software program requires instrumentation and controls services to integrate the reverse osmosis and nm~ofiltration functions of the plant to increase reliability and functionality. This item is related to the plant expansion, and will therefore, be funded from Impact Fees. (add $30,080.00). · Changes to influent raw water quality demanded a new operations strategy. An operations specialist will evaluate the operations system, provide systems optimization recommendations, provide training to new operators, and provide a final report of observations and recommendations. This item is related to renewal and/or replacement, and will therefore, be funded from User Fees. (add $15,240.00) · M&E will develop and provide instrumentation, controls and electrical services to integrate the Chemical Systems and Odor Control Modifications projects into the plant instrumentation and controls system. This item is related to the plant expansion, and will therefore, be funded from Impact Fees. (add $17,880.00) Each item is more fully detailed in the attached Amendment to the Professional Services Agreement scope of services and M&E proposal dated November 22, 2000, made part thereof. Executive Summary Approve Amendment To PSA For NCRWTP Page 2 A summary of this Professional Services Agreement to-date is provided as follows: Original Professional Services Agreement Sum of previous Amendments Proposed Amendment Revised Professional Services Agreement $1,181,619.00 $480,523.50 $ 85,712.00 $1,747,854.50 FISCAL IMPACT: A budget amendment will be necessary to transfer $47,960.00 from project 70891, Livingston Road Water Main - Vanderbilt Beach Road to Immokalee Road, to project 70859, NCRWTP 8-mgd Expansion. Source of Funds is Impact Fees. A budget amendment will be necessary to transfer $37,752.00 from project 70887, NCRWTP Membrane Elements, to project 70859, NCRWTP 8-mgd Expansion. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the Amendment to Professional Services Agreement with Metcalf & Eddy, Inc.. for the NCRWTP, Contract 95- 2323, Project 70859, and approve the necessary' Budget Amendment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: I & (-L,~ ,,(7 Date: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department ~ t_ Date: Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department //"? / : / ~/~ ~/~"*~ ~7' Date: Paul E. Mattausch, Water Director Public Works Division APPROVED BY: ~ ~--'~:~-"~ ' ~ ~ ~%",' '~ ~ - ~. - / : ~-~ Date: James V. Mud& P.E., Adminis~ator ~ublic Utilities Division Attachment: Cop}, of Proposed Amendment NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 8 to the Agreement dated April 11, 1995 (hereinafter "AGREEMENT") is made and entered into this day of , 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose business address is 3740 Executive Way, Miramar Florida 33205 (hereinafter referred to as the "CONSULTANT"). WlTNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE ! .1 CONSULTANT shall provide to OWNER professional engineering services' in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as' outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. I ARTICLE FOUR The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX - OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: Assi:stant Cou0t~ Attorney Witness L~2Vltness Metcalf & Eddy, Inc. ,~ I~,obert~Ortiz, P.E., Vice President (CORPORATE SEAL) Metcalf & Eddy November 27, 2000 Mr. Peter Schalt Collier Count>, Government Center Public Utilities Engineering 3301 E. Tamiami Trail Naples, Florida 34112 Subject: North County Regional Water Treatment Facilitv (NCRWTF) Engineering Services Agreement - Additional Services Dear Mr. Schalt: As we have discussed in the past month. Collier County has requested several additional tasks over the next six months to address a number of critical items at the North Count>' Regional Water Treatment Facility to improve operating efficiency at the plant. These engineering services are not covered by our current Engineering Services Agreement. We propose a contract amendment at this time to allow us to proceed immediately on the critical issues at the plant. Our proposed Amendment 8 will consist of several cost-reimbursement tasks and lump sum tasks, with an estimated cost of $85.712. The .following specific areas of service are planned. 1. Concentrate Pumping Station HVAC - Construction Sen'ices (Task A.6) Metcalf & Eddy will provide bidding and construction services and as-built modifications associated with a new ventilation system that will reduce the buildup of corrosive gases that is affecting equipment and instrumentation in the concentrate pumping station. M&E will provide on-site inspection and certification of this work. Our lump sum cost tbr these construction services is $22,512. This assumes that the construction will be completed concurrently with Beach Construction's odor control project. 2. PLC and Genesis Troubleshooting (Task A.6.6) Since the closeout of the expansion project for the North County WTP expansion' project, several problems have arisen with the PLCs and computer system at the plant and we!l houses. M&E provided instrumentation support and reprogramming for the PLCs and Genesis software to resolve the problems. Work on this task will be based on reimbursable labor and software/hardware expenses. with a budget of $30,080, Metcalf & Eddy, Inc. 3740 Executive Wav Miramar, Florida '" ' ~"~ Phone: 954-450-7770 Fax: 954-450-5100 c 2 2000 i Mr. Peter Schalt November 27. 2000 Page 2 3. Operator Training and Troubleshooting (Task A.10.7.1) Due to some staff turnover and position changes over the past 5 years. and the change in operating conditions due to well quality and quantity deterioration. we have discussed the need for a new operating strategy. We have contracted with an operations specialist to review operations of both the membrane softening system and reverse osmosis process in light of these conditions. Bill Levererr of BWRO Consulting will provide on-site evaluation and systems optimization assistance for plant operators for a two-week period. He will look at protocols. recordkeeping, design issues and instrumentation to develop ideas for optimization of the processes. Following the field effort. a report of observations and recommendations will be prepared. These services will be performed in a single site visit in November or December 2000. The reimbursable cost for these field operations services and our support is $15.240. 4. Instrumentation for Year 2000 Modifications Contracts (Task A.10.8.3) M&E will provide field and office instrmnentation services for the Acid Feed System Modifications and Odor Control hnprovements projects. currently under construction. Services will consist of development of the PLC logic and Genesis interface additions required to incorporate the new facilities into the plant instrumention and control system. M&E will coordinatc the work of the electrical contractors and instrm-nentation vendors foi~ the two projects. Estimated cos~ for this work is the reimbursable cost of $17.880. Schedule With these modifications. the schedhle of fees would be as shown in the revised Schedule B. enclosed. Our proposed project schedule is shown in the attached Schedule C. We request a time extension on our agreement from the current date of December 2000 to December 2001. We look forward to discussing these items in detail. If vou have any questions about this information, please do not hesitate to call. Sincerely. METCALF & EDDY. INC. Roberto Ortiz, P.E. Vice President Enclosures DEC ! 2 20 3u t d (/3 n ~0 ooooo~ °°°°°~:~o~:~ oo DEC I 2 2000 EXECUTIVE SUMMARY AMEND WORK ORDER ABB-FT-00-06 FOR ENGINEERING SERVICES RELATED TO THE DEVELOPMENT OF A SUPPLEMENTAL WATER SOURCE TO AUGMENT THE RECLAIMED WATER SUPPY, PROJECT 74125 OBJECTIVE: To develop a supplemental wate~ supply to increase the reliability of the reclaimed water reuse system to meet peak season irrigation demands. CONSIDERATIONS: On September 28, 1999, Agenda Item 8(B)5, the Board directed staff to develop additional supplemental irrigation water sources to meet peak sea~on irrigation demands. The Mule Pen Quarry site was identified as a possible source of supplemental water. In order to determine the feasibility of using this site, Work Order ABB-FT-00-06 was issued to Agnoli, Barber and Brandage, Inc., to perform an analysis of surface water and groundwater sources at this site. The results of this study indicate that it is feasible to use the groundwater supply as a supplemental irrigation source. Under this amendment, the second phase of the project involves the design, permitting, and construction services for a wellfield and transmission main. The well field will be located in .the CR 846 right of way and will have a permitted capacity of 3.5 million gallons per day. The transmission main will connect to an existing reclaimed water main to allow distribution to the County system. A summary of total fees approved and proposed are as follows: Service Original Work Order Amendments (Add) Total Fees $ 24,800.00 $165,500.00 $190,300.00 Per Article 5, Section 5.5, Contract 98-2835, total initial compensation shall not exceed $90,000. Staff requests approval to exceed this $90,000 limit of the contract. FISCAL IMPACT: The total cost of the recommended contract amendment is $165,500.00. Funds are budgeted and available in the supplemental irrigation water source development project, in the user fee supported wastewater capital fund. GROWTH MANAGEMENT IMPACT: management. This work will have no impact on growth AGENDA ITEM No. ~'6 6</2.) DEC 12 2000 Executive Summary Amend Work Order with Agnoli Barber & Brandage, Inc. Page 2 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 Utilities Engineering Director to execute amendment to Work Order ABB-FT-00- 06 with Agnoli Barber & Brundage, Inc. SUBMITTED BY: (x.~')'.~e~X Alicia Abbott, Project Manager Public Utilities Engineering Department Date: REVIEWED BY: Karl W. Boyer, P.E., Interim Public Utilities Engineering Director Stephen Y. Camell'Purchasing Dtirector Date: Date: APPROVED BY: ( ?,;,~-~'~'~/~f ~:"~ ~"'~'/ Z'~-*'?~ ~//j,~ Date: Jame~:V~. Mudd, P.E., Public Utilities Administrator 2000 AMENDMENT #1 WORK ORDER # # ABB-FT-00-06 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)Supplemental Irrigation (Mule Pen Quarry) (Reason for Amendment): To provide additional engineering services related to this project The work is specified in the proposal dated November 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 # ABB-FT-00-03 is assigned to A~noli Barber & Brundage, Inc. Scope of Work: Task I Preliminary Consulting Services (Research, Meetings, Summary Report) TasklI Project Management Assistance Task III Hydrogeologist Amendment 1: ITask I Preliminary Design Services Task II Final Design Services Task III Missimir/ CDM Scope Task IV Permitting Task V Construction Services Task VI Reimbursable Schedule of Work: Complete work within 365 days of receipt of notice to proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Original Work Order Amount Amendment 1 Task I Task II Task III Task IV Task V Task VI TOTAL FEE(not to exceed) $24,800 $10,000 (T&M) $65,000(T&M) $56,900 (Lump Sum) $ 5000 (T&M) $26,100 {T&M) $ 2,500 (T&M) $190,300 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, PUE Project Manager Date Joseph B. Cheathkm, X0astewa~er~lSi~'ector bate APPROVED BY: Karl W. Boyer, P.E., Interim PUE Director Date Approved as to Form and Legal Suf ' tAssist~-~nt C~n~'y Attorney ACCEPTED BY: Date: ///Z Name of Firm ATTEST: (Corporate Secretary)~., ~ FF~derick T. ~r~r TTT: Cn~r~V~ ~er~w~- ~ Sig~ture Type Name and Title ' ' DEC PG. FROMm: Panasonic FAX SYSTEM PHONE NO. : 9415662203 Now. 29 2000 04:01PM P1 IllIlIA un 'Z' GNOLI Profiz.~i0nal cn.mnccr.~, pj:umc,-s, qttr'vCyorq & mappers November 1:5, 2000 Ms. Alicia Abbott Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. D Naples, FL 34112 RE: Collier County Supplemental Irrigation Water Source, 8008/X001 Dear Ms. Abbott, At your request, Agnoli, Barber & Brandage, Inc., is pleased to submit this request for contract amendment to PO# 98-2835 to render professional services for the proposed supplemental imgation water source. Agnoli, Barber & Brundage, Inc, hereinafter referred to as ABB, proposes to provide Collier county, hereinafter referred to as Client, the following professional services: 1. SCOPE OF SERVICES Engineering Services. The proposed scope of services is specified in Exhibit A attached hereto. 2. ADDITIONAL SERVICES AND EXTRA WORK Services not specifically included in Section 1. Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this Agreement. Services and fees provided in this Agreement are based upon governmental rules, regulations and policies in effect at the time of execution of this Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval of the parties. In addition, ABB will perform additional services beyond the work described within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABEl will provide a reasonable estimate for such work and written authorization obtained. FEES AND COMPENSATION A. Engineering Services. Compensation for work performed under Sec. 1 .A shall be performed as specified in exhibit A. Statutesithe Payment will be in accordance with S~ction 218.70 FloridaJ Prompt Payment Act." ! DEC 122000 1 FROM : Panasonic FAX SYSTEM PHONE NO. : 9415662203 Now. 29 2000 04:02PM P2 4. - TIME OF PERFORMANCE' ABB will start services promptly upon receipt of one executed copy of this Agreement), and complete our work within a reasonable period of time. 5. OUTSIDE SERVICES Outside services not specifically included in this Agreement are as follows: B. C. D. E. F. G. H. Geotechnical Engineering Environmental (wetland/wildlife) Services and Permitting. Structural Engineering Services. Transportation Planning/Engineering Services. Materials Testing. Hazardous Waste Assessments. Legal Services Services not specifically described in Sec. I of this Agreement. RESPONSIBILITIES OF CLIENT ABB's performance under this Agreement is contingent upon the Client or others designated by the Client providing ABB with: All documents, information relating to special or extraordinary considerations, existing permits, maps, deeds, easements, abstracts, surveys, topography or other information in the client's possession relating to the project. In writing of all clicnt's criteria, design, construction and other requirements for the project. C. A boundary survey of the property. D. Guarantee of access to and make provisions for the Consultant and subcontractors to enter upon public and private lands as required to perform their work under this Agreement. PROVISIONS AND CONDITIONS Acceptance Period. This proposal is effective for a period of sixty (60) days from the date shown. If not accepted in writing within this period, the Consultant reserves the right to modify any portion thereof or withdraw the proposal in its entirety. B. Ownership o f Documents. K: 10-211Y00.PRO / PN 8008 All documents, including original draw~ings,-r~ae ~_r¢., FROM : Panasonic FAX SYSTEM PHONE NO. : 9415662203 Now. 29 2000 04:02PM P3 data and report originals' are and shall remain the property of the Consultant as an instrument of service. If so requested in writing, the Client will be prov/ded reproducible drawings and other documents in consideration of which the Client agrees to use them without alteration solely in connection with the project. Termination and Liability. This Agreement may be terminated with or without cause by either party upon seven (7) days written notice. In the event of termination, Client shall be bound to pay Consultant for all services rendered to the effective date of termination, all reimbursable expenses and collection and/or legal fees. Neither the Consultant or Consultant's subcontractors shall be jointly, severally or individually liable to the owner in excess of the compensation to be paid pursuant to this Agreement. We hope that this Agreement satisfactorily responds to your request. If the Agreement is acceptable, one original copy, signed by a duly authorized representative of the Client, should be returned and will serve a~ our authorization to proceed. By signing below, the undersigned hereby rq~resents and warrants that they have full authority to contract on the Client's behalf for the services and fees proposed herein. If you have any questions, please do not hesitate to call. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. Principal in charge Enclosuv~ Collier County Public Utllitiea Engineering Authorized Signature and Title Date K: 10-211Y00.PRO / PN 8008 3 /a (~)?/-'...1 DEC 1 2 2000 PC:. ~ ..... Collier County Supplemental Irrigation Water Supply Mule Pen Quarry Wellfield Scope of Services Proposal Agnoli, Barber, & Brundage Inc. 11/15/2000 Projeot Narrative: The project scope involves the design of a wellfield and transmission main which will be used to supply the County's effluent distribution system wilfi a supplemental water supply in times of low sewage treatment plant flow. The wellfield is already permitted from a consumptive use standpoint through the SFWMD. The maximum allocation of 3.5mgd will be pumped from a wellfieldto be developed in the CR846 right of way opposite the Mule Pen Quarry in Section 24, Township 48, Range 25. The transmission main will be located within the CR846 R/W and will run from the wells to the junction of CR846 wilh CR951 where it will turn soul~ and connect to an existing effluent main located at the junction of Vanderbilt Beach Rd. extension and CR951. The irrigation water will be introduced into the existing main at a pressure sufficient for distribution in the County wide system. Item I. Preliminary Design Services A. Research B. Meetings C. Hydraulic Design D. Design Report II. Final Design Services A. Subconsultant Coordination B. 50% Plans C. 100% Plans D. Technical Specifications Fee Basis $10,000 TIM $65,000 T/M III. MlssimerlCDM Scope $56,900 Per Proposal IV. Permitting A, FDEP Effluent system modification B. Collier County R/VV V. Construction Services $5,000 T/M S26,100 TIM A. Bidding services B. Daily Observation of Construction (2hr/day based on 120 day period) C. Contract Administration I. Pay request review ii. Progress meetings iii. Project closeout iv. Project certification v. Record drawings VI. Reimburaibles $2,500 T/M DEC 12 000 VII. Notes and Clarification The producabte of this task will be a brief design report documenting the system design and may be used as a support document for the FDEP permit referenced below. At this stage of the project, we will develop hydraulic modeling of the proposed system which will be based on the existing hydraulic model of the effluent distribution system that will be supplied by Collier county. This model will be used as a basis for pipe sizing and pump selection. II. This sec§on of the work involves producing the detailed construction plans of the system. We will require that Collier county provide the CR 846 and CR951 road plans in Autocad format to allow proper coordination of the projects. Since this project is to be fast tracked, we envision a 50% review and final plan review at 100%. Technical specifications can either be our standard format ABB specs or the Collier County spec sections. Front end bid form will be supplied by the purchasing depL III. See attached Miseimer Int. scope. IV. We will process a permit modification for the effluent distribution system through the FDEP. Since the South district of the FDEP has not yet processed a permit of this nature, we have proposed this task to be Time and Materials. You will only be billed for actual time spent. N0. //_. DEC 1 2 2000 NO. A~ DEC 1 2 ~000 October 30, 2000 MI$$1MER Efl A?IONAL . Mr. Dominick Amico, P.E. Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Re: Collier County SupplementalReuse Irrigation Wellfield (Mule Pen Site) Dear Dom/nick: Per request from you and Collier County we have prepared this cost proposal for design and construction services for the Mule Pen Quarry Supplemental Reuse Irrigation Wellfield. The following scope and costs are proposed for MI/CDM's portion of the work. Coordination and Desi_~n Selection Meetin,*s - Up to 5 meetings will be held with the project team throughout the design, construction and start-up process. A preliminary design/conceptual meeting witl be held to establish design parameters and desires. Up to 3 ~neetings will be held regarding f'mal design and construction progress. One final meeting will be held at wellfield start-up. Cost: $4,800 Desizn Specifications - Well design specifications will be prepared containing estimated quantities, materials, methods, general and special conditions and other technical specifications and forms necessary for bid and construction of a 6-well irrigation wellfield tapping the water-table aquifer at Mule Pen Quarry. Three copies of design/construction specifications will be submitted along with detailed opinions of probable project cost to Owner for review and approval. Upon approval, final contract documents will be submitted to Owner. Cost: $8,800 Process Insmzmentation and Controls - The process and instrumentation design for the field controls associated with the six wells will reflect the instrumentation and control logic required to monitor and control the operation of each well. The I&C and loop diagrams will be based on a pressure indicating transmitter (PIT) tO ~ i located on the discharge piping side of each well pump. The PIT will mon r~....~ ~'d ~F/,~) FAX II III II!llll ] I1~ ' I I Ulmlml Wor~FHO0-1056.4 814-0 College Parkway, Suite 202 FortI%,~ers. Florida 33919 DEC 1 2 2000 94-1 ) 4-39-94-53 J/d/,iF' M!$$1MEti Mr. Dominick Amico, P.E. October 30, 2000 Page 2 water pressure of the irrigation water distr/bution system and transmit a signal to the low pressure switch (PSHL) ~vhen the demand on the distribution system causes the system pressure to drop below a pro-determined value. The operating status of each pump (On/Off) will be monitored as well as the irrigation system water pressure based on radio signals sent to a central location. The work effort and output of the above task will include the preparation of three drawings, wkich include a process and instrumentation diagram, loop diagrams and instrumentation details. Services during the construct/on phase will consist primarily of shop drawing review and processing. Cost: $19,600 Production Well Construction Supervision- Six irrigation water supply wells will be constructed on the project site at the locations identified in the water use permit. A hydrogeologist will supervise construction of the wells and recommend cased and total depths based on lithologic analysis of formation samples collected during drilling. )all of the wells will be completed with open hole sections based on the results of test well construction at the site. Additional costs would be incurred if the formation at a particular well site cannot support an open hole and a screened type completion has to be utilized. The estimate for this item includes supervision costs. Cost: $14,500 Step Drawdown Testin~ - The newly completed production wells will be pump tested by the contractor to assess well yields and aid in selection of pump setting depths. Specific capacity values will be calculated for each well and set-ting depths for the permanent well pumps will be specified based on the test results. Water samples will also be obtained from the wells and analyzed for totai iron concentration. Cost: $ 3,800 X,¥or'kt~HO0-1056.4 PGo_ // ~--.,.-. M!$SIMEII NT NATiONflL Nk. Dominick Amico, P.E. October 30, 2000 Pa~de 3 o Wellfield Completion Report - A brief report that summarizes the drilling, testing, and construction activities conducted at the site will be prepared. The final cased and total depths for the wells will. be provided along with recommended production rates. Manufacturers i~fformation on the well pumps and other installed equipment will be provided along with a copy of the water use permit for the site. In short, all of the pertinent information regarding irrigation water supply at the site will be assembled into one concise document. Cost: $ 5,400 We look forward to working with you on this important project. let me know ifI can provide anything further. Yours sincerely, W. Kirk Martin, P.G. Principal WKzM:lk ~A/or~FFIO0. I 0~64 AG NO. BEC 1 2 2000 EXECUTIVE SUMMARY CONVEY A UTILITY EASEMENT FROM COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THEGOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL LINES, FIBEROPTIC LINES, RAW WATER MAINS AND WELLS AS PART OF THE SOUTH COUNTY REGIONAL WATER PLANT REVERSE OSMOSIS EXPANSION PROJECT ~.B_J.E_C_T_LV_~: That the Board of County Commissioners (hereinafter referred to as County) convey a utility easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred as District) for construction and maintenance of electrical lines, fiber optic lines, raw water mains and wells as part of the South County Regional Water Plant (hereinafter referred to as SCRWTP) Reverse Osmosis Expansion project. CONSIDERATION: The County owns property within Section 25, Township 49 South, Range 26 East, Collier County, Florida. The District is proposing to construct electrical lines, fiber optic lines, raw water mains and wells within utility easements within County owned property. The raw water mains and wells are necessary for the SCRWTP Reverse Osmosis Expansion project. The proposed electrical lines, fiber optic lines, raw water mains and wells will be located within the utility easements as depicted in the attached Utility Easement. In order to ensure that Collier County's interests are protected, the Utility Easement has been reviewed and approved by the County Attorney's Office, the Public Utilities Engineering Department, and the Public Utilities Division. FISCAL IMPACT: Total acquisition costs with documentary stamps and recording costs shall not exceed $100.00. Funds are available in the Water Impact Fee Fund, Water Capital Projects, SCRWTP Reverse Osmosis Expansion project. GROWTH MANAGEMENT: This project is needed to meet future growth potable water demands as recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). The SCRWTP Reverse Osmosis expansion is projected to meet the additional water demand needs through the year 2015. Executive Summary Convey Utility Easement - County to District Page 2 RECOMMENDATION: That the Board of County Commissioner convey the Utility Easement to the District; authorize the Chairman to execute the Utility Easement; and authorize recordation of the Utility Easement in the Public Records of Collier County, Florida. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Cindy M. ~rb, Real Property Specialist Ill Real Property Management Department Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department · ~:i/..~,~ /~.--__ Karl Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: APPROVED BY: J~mes V. Mudd, P.E.: Adminis'~rator Public Utilities Division , / DATE: I"~//~,//c~ N 0. ~_~__~,.~ DEC I 2 2000 PROJECT: South County Regional Water Treatment PlantJWellfield Expansion UTILITY EASEMENT THIS EASEMENT, made and entered into this ~ day of 2000, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Flodda 34112, its successors and assigns, hereinafter referred to as "Grantee". WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit'. See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the dght to enter upon said land, excavate, and place or remove materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk Am~ove~ as ~ ~o~ !/tagit Idaterence, c/ A~s~stint C~t~ A~ y El1~ T. ~1~ BY: JAMES D. CARTER, PH.D., Chairman EXHIBIT Page North line of North NOT TO SCAL£ LEGAL DESCRIP-]ON--L~TiLITY EASEMENT 1 (ALTERNATE) A strip of land 20.00 fee', wide lying in Section 25, Township 49 South, Range 26 East, Collier County, Ftor~da. Being more particularly described as follows: West line of said Sectfan 25 and along the East line of the Plot of Golden Gate SKETCH OF DESCRIPTION rFOR: Estates Unit 28, as recorded in Plat Book 7, Page t9, Public records of Collier County Florida, a distance of 2016.18 feet; thence NBg'48'27"E along the South line of North Quarter of the South Half of said Section 25, a distance of 661.19 feet; thence NOO'28'35"W a distance of 1526.86 feet; thence S89'34'10'W a distance of 660.69 feet; thence NOO'27'17"W along the West line of said Section 25 a distance of 20.00 feet; thence N89'34'lC"E along the North line of South Quarter of the North Half of said Section 25 a distance of 396.3.27 feet; thence S00'35'56"E along the East llne of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of said Section 25 a distance of 20.00 feet; thence S89'34'10"W a distance of 5282.63 feet; thence S00'28'33"E a distance of 1346.95 feet; thence SBcJ'48'27"W along a I;ne 20.00 feet southerly of and parallel with the South line of the North Quarter of the South Half of said Section 25 a distance of 661.20 feet; thence S00'27'17'E along o line 20.00 feet Easterly and parallot with the West line of said Section 25 a dlstonce of 1996.30 feet; thence N89'50'12'W along the South line of said Section 25 a distance of 20.00 feet to the POINT OF BE :!'~!'~'""~!~-~.G£1~b~ [T_£,,~. .0. DEC 1 2 ZOOO (THIS IS NOT A SURVEY) UTILITY EASEMENT (ALTERNATE) : CRWTp REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: 005185.dwg NO TO SCALE BOOK N° SHEET:/1 N.A. J G. RAYMAN Engineers · Surveyors eMappers BaR N~ 11/17/2000 ,~, ..L,~,~ ,,~. ,~. ,,,.....~. ~a,,~ ~,,, 00518.00 EXHIBIT Page, FORMERLY ~ ~ DRODERTY OF t ~ ~ oz HAROLD NEWELL L ~ ~ N89'48'27'E 66! 19~ ~m ~ POINT OF BEGINNING ~ - LEGAL DESCRIPTION--U~LITY EASEMENT 2 (ALTERNATE) ~ ~ A strip of land 20.00 feet wide I~ng in Section 25, Township 4g South, Ronge 26 ¢ g 8 East, Collier County, Florida. Being more particulorly described as follows: ~ k Commencing at the Southwest corner of said Section 25, run N00'27'17"W along the ¢ ~ West line of soid Section 25 Grid oJong the Eost line of the Plat of Golden Gote ~ ~ Estotes Unit 28, os recorded in Plot Book 7, Poge 19, Public records of Collier ~ z County FIDfido, o distonce of 1996.18 feet to the POINT OF BEGINNING; thence N89'48'27"E o dEstorice of 681.20 feet; thence NO0'28'35"W o distonce of 20.00 feet; ~ thence N89'48'27"W olong the South line of the North Quorter of the South Holf of ~ sold Section 25 o distonce of 3285.54 feet; thence NO0'35'56"W OlDrig the West line 2~5 Northeost Quorter of the Southeost Quorter of soid Section 25 o distonce of 20.00 3~6 feet; thence S89'48'27"W olong o line 20.00 feet Northerly of Grid porollel with the South line of North Quorter of the South Holf of sold Section 25, o distonce of 5305.50 feet; thence S00'28'33"E olong the Eost line of property now or formerly the property of Hotold Newell o distonce of 20.00 feet; thence S89'48'27"W ;;~,,~ , · ..... r GENDA ITE~ the South Hne of the North Quorter of the South Holf of soid ~ct,on ZD ~ NO. distonce of 661.19 feet thence S00'27'17"E olDrig the West line of soid SectiOn 25 o dbtonce of 20.00 feet to the POINT OF BEGINNING. ~ DEC 1 2 2000 SKETCH OF DESCRIPTION (THIS IS NOT A SURLY) UTILITY EASEUENT 2 CALTE~N~TE) SCRW RE~RSE OSMOSIS EXPANSION ' SDSK PROJECT: 00518~0'~ COLLIER COU , FLORIDA CAD FLEE: O05,18D.dwg BOOK N° SHEET: SCALE: NO TO SCALE N.A. DRA~ BY: S.F.R.N. STAFF CHECKED BY: O. R AYM AN Engin~m · Su~ey~ · Map~ J~ DA~: 10/19/2000 '~ m~"~' ~""~ ~' ~* ~ ~'~ 26 , POINT OF B~GINNING 5.5 SOUI~ST CORNER OF S~CT~ON 25, T49S, R26~ t~u. srlE 1 ~ ~ N89'OO'56'W 40.00' SOUTH UNE S~C110N 25 b56 SCALE: 1'-20' LEGAL DESCRIPTION--WELL SITE ONE EASEMENT SKETCH IF'OR: 'SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: G. RAYMAN A parcel of land lying in Sectio~ 25. Township 49 South, Ronge 26 East, Collier County, Florida, being more porticulody described os follows: Beginning at the Southwest co~er of said Sectio~ 25, run NOO'27'17'W orang the West line of ~id Sectio~ 25 and along the East line of the Plot of Golden Cate Estates Unit 28, o$ recorded in Plot Book 7, Page 19, Public records of Collier County Florida, o distance of 40.00 feet; thence S89'50'06'E o distance of 40.00 feet; thence S00'27'17"E along o line parallel with the West line of . sold 25 a distance 40.00 feet to the POINT OF' BEGINNING. / DE OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE 1 / PC. SCRWTP REVERSE OSMOSIS EXPANSION COLUER COUNTY. FLORIDA DATE: 09/24/2000 Engineers · Surveyam · Mappers SDSK PROJECT: 0051800 CAD FILE: O0518D.dwg BOOK N© JOB N° EXHIBIT POINT OF BE~NNING POINT OF COMMENCEMEN~~i! SOUTHWEST CORNER OF SECTION 25. T49S. R28E 58g'~8'27"W 40.00' SCALE: ;"=20' SKETCH OF EASEMENT DESCRIPTION--WELL SITE TWO (ALTERNATE) A parcat of land lying in Section 2§. Township 49 South, Range 26 East. Collier County, Florida, being more particularly described as follows: Commencing at the Southwest comer of said Section 25, run NOO'27'17'W along the West line of said Section 25 and along the East line of the Plat of Golden Gate Estates Unit 2B. os recorded in Plat Book 7, Page 19, Public records of Collier County Florida, a distance of 1976.18 feet to THE POINT OF BEGINNING; thence continue NOO'27'17'W o distance of 4~.00 feet; thence NSg'48'27'E along the South line of the North Quarter of t,h.e South Half of said Section 2.5 a. ~G£~[~ 17~ .... distance of 40.00 feet; thence S00'27'17 E along a line parallel with the W4t lil~(~' /~, C~'~/,.~) of said Section 25 o distance of 40.00 feet; thence S89'48'27'W a distanc~ - 4-O. OO feet to the POINT OF BEGINNING. / DEC 12 2000 DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE 2 (ALTEI~N~¢FF~ ~ SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: 00518D.dwg SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: G. RAYMAN DATe: 11/17/2000 Engineers · Surveyors · Mappers BOOK N° SHEET: ,A R.L.S. RLS2653 EXHIBIT POINT OF' BEG;INNING--.% POINT OF COMMENCE:MENi* SOUTH1ME:ST CORNER OF' SECTION 25. T4gs, R2BE N Bg"R4'I O'·E 4.0.00' SSG~J4'10'W 40.00' North line of property f f~erly ~ed by C.~ogfier SCALE: 1"=20' EASEMENT DESCRIPTION--WELL SITE THREE A parcel of land lying in Section 25, Township 4.9 South. Ronge 26 East, Collier County, Florida. being more particularly described as follows: Commencing at the Southwest corner of said Section 25, run NOO'27'17"W along the West line of said Section 25 and along the East line of the Plat of Golden Gate Estates Unit 28, as recorded in Plot Book 7, Page 19. Public records of Collier County Florida, a distance of .3520.12 feet to THE POINT OF BEGINNING. thence continue NOO'27'17'W a di~:ance of 40.00 feet to a point on the North line of property formeHy owned by Gallagher; thence N89'54'10'E along the ~ line of,pr.o, perty formerly owned by Gallagher a distance of 40.00 feet; thenc~ 500'27 17 E parallel ,w, ith the East line of said Section 32 a distance of 40.0~ feet; thence S89'54 10'W parallel with the North line of property formerty o~ed by Gallagher a distance of 40.00 feet to the POINT OF' BEGINNING. ~ SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE .3 L SCRWTP REVERSE OSMOSIS EXPANSION COLUER COUNTY, FLORIDA SCALE: NOTED: DRAWN BY: S.F,R.N. STAFF CH£CXED BY: G. RAYMAN DATE: 11/17/2000 Engineers · Surveyors · Mappers 1201 gEL~DERE ROAD. 9~T PALM ~[ACH. FLORIDA 334~ SDSK PROJECT: 00518001 CAD FILE: 00518D.dwg _~ BOOK N° ,OA R.LS.00518.00 RL~;2633 EXHIBIT_ZzLL Page~ ~ of_.LL- 26 25 POINT OF COMM[NC~_MENT ~~.~5 SOUTH~ST CORNER OF SECTION 25, T49S. R28E N8g'34'10"E 1923.27' Nocth line of the ~outh Quarter the North Half of Section 25 POINT OF BEGINNING-'~ Prope~y fatherly o~ed by Gollo~ef EASEMENT DESCRIPTION--WELL SITE FOUR N89'~4'10-E 40.00' SCALE: 1'=20' COLLIER NOTED: A parcel of land lying in Section 25, Township 49 South, Ronge 26 East, Collier County, Florida, being more porticulaHy described os follows: Commencing at the Southwest comer of said Section 25, run NOO'27'17"W along the West line of said Section 25 and along the East line of the Plat of Golden Gate Estates Unit 2B, as recorded in Plat Book 7, Page 19, Public records of Collier County Florida, o distance of 5360.50 feet to o point on the North line of property focmerly owned by Gallagher; thence N89'54'lO'E along the North line of the South Quarter of the North Half of said Section 25 o distance of 1925.2~' .... 40.00 feet; thence S00'25'50'£ perpendicular to the previous course o distan~:e of 40.00 feet; thence S89'34'10'W parallel with the North line of property formerly owned by Gallagher o distance of 40.00 feet; thence NOO'25'50"W o distance of 40.00 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE 4 IFO.: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROdECT: 0051800} COUNTY, FLORIDA CAD FILE: O0518D.dwg DRAWN BY: S.F.R.N. STAFF CHECKED BY: C~. RAYMAN BOOK N° N.A. Engineers · Sorveyom · Mappers 09/2 /2000 1201 I~L~]~ IlO&~. ~ "AIM ~IrAC~ FLOI~)' ~ DATE: 4 '~" '-' PH (~)1~1151 · F~I[ {~l)~,~-g~O · ~I~RII.I~q~III~LC~ SHEET: JOB N° EXHIBIT POINT OF COMMENCEMENT SOUTHeE:ST CO~',,IER OF SECTION 25, T49S, R2~E: SKETCH ~FOR: N89'34'10'[ 3925.27' ,~/ NORTHEAST CORNER OF PROPERTY FORMERLY------",~ North line of prope?tyOWNED BY CAMPBELL ~t..-forme~dy owned by Colloghe~' POINT OF BEGINNING-~ z EASEMENT DESCRIPTION--ELL SITE FIVE ~89'34'10'w 40.00' A parcel of land lying in Section 25, Township 49 South, Range 26 East. Collier County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Section 25, run NOO'27'17'~N along the West line of said Section 25 and along the East line of the Plot of Golde~ Cote Estates Unit 28, as recorded in Plot Book 7. Page 19, Public records of Collie~ County Florida. o distance of 5..960.30 feet; thence .NB9'-94'lO'E along th'e North line of the South Quarter of the South Half of said Section 25 o distance of 592.9.27 feet to THE POINT OF BEGINNING; thence continue N89'54'lO'E o distance of 40.00 feet to the northeast corner of property formerry owned by Campbell; thence S00'-95'56'E along the East line of property formerly owned Campbell ( the Southcost Quarter of the Southwest Quarter of the Northcost i AG[,N~ ZTEM Quarter of ,~id S,~tion 25) a di,tonce of 40.00 feet: thence S~9'34'~0'W por~,,~"O' with the North line of property formerly owned by Campbell o distance of feet: thence NOO'-95'56'W parallel with the East line of property formerly owne~DEC I 22000 by Campbell c, distance 40.00 feet to the POINT OF BE(~NNING. ·PG OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE 5 $CRWI'P REVERSE O?~dO.~$ EXPANSION COLLIER COUNTY, FLORIDA · SCALE: NOTED: DRA'M',I BY: S.F.R.N. CHECKED BY: O. RAYMAN DATE: 11/17/2000 SDSK PROJECT: CAD FILE: O0518D.dwg EXHIBIT_J:J& Page f :_LL... 35~3~ POINT OF COMMENCEMENT S~ST C~N~ ~ ~C~ 25. T49~ R2~ SKETCH IFOR: , ,, SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF OtEO(ED BY: (~. RAYMAN DATE: 09 :000 SOUTH UNF OF THE N 1/4 OF NOW OR FORMERLY BENSON S89'4.8'2TW 40.0O N$9'48'27"E 40.00' S.E. CO~NER BENS(~I-~ EASEMENT DESCRIPTION--WELL SITE SCALE: 1"=20' A parcel of land lying in Section 25. Township 49 South. Range 26 East. Collier County. Florida. being more particularly described as follows: Commencing at the Southwest corner of said Section 25. run N00'27'17'W along the West line of said Section 2.5 and along the East line of the Plot of (;olden Gate Estates Unit 28. os recorded in Plot Book 7. Page 19. Public records of Collier County Florida. o dist(3nce of 2016.18 feet; thence N89'48'27'E (3long the South line of the North Quarter of the South Half o{ s(3id Section 25 a dist(3nce of 1945.57 feet to THE POINT OF BEGINNING; thence continue N89°48'27"E along said extended line (3 distance of 40.00 feet to the Southeast corner of property now Or formerly owned by Benson; thence NO0'31'0§'W along the E(3st line of property now or formerly owned by Benson ( the Northwest Quarter of the Northeast Quarter of the Southwest quarter of said Section 25 o distonccl,~t' AGENDA ll£1~ _'%1 40.00 feet; thence S09'48'27'W olong a line porollel with soid Bensoh's Sc~th P~eT~ o distonce of 4(3.00 feet; thence S00'31'05'£ poFollel with Bensoh's Eost I~e a distance of 40.00 feet to the POINT OF BEGINNING. /DEC12 OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SITE 6 I PG. // " g.~ SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROdECT: 0051800 CAD FILE: O0518D.dwg FLORIDA BOOK N° [SHEETs1 ' N.A. COU.IER COUNTY, Engineers · Surveyors · Mappers I~ (~1~1151 · FA~X (~61)532-9390 - ~INC ;~:. S2633 Page POINT OF COMMENCEMENT35 SOUTHWEST CORNL~ OF SECTION 25, T49S, R28E PROPERTY NOW OR FORMERLY O~ED BY HAROLD NE~LL SOUTH UN£ OF THE N 1//40~ /_ mE s ,/~ s~c~o. 25 ~/.Sg'48'27'E 392S.73 POINT OF BEGINNING'"~ S89'4~;Z/ W 443.00- NB9'48'27'E 40.00' SCALE: 1"=20' EASEMENT DESC:RIPTION--WELL SITE SEVEN A porce~ of land lying in Section 25, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commencing at the Southwest corner of said Section 25, run N00'27'17'W along the West line of said Section 25 and along the East line of the Plot of Golden Gate Estates Unit 28, as recorded in Plot Book 7, Page 19, Public records of Collier County Florida, o distance of 2016.18 feet; thence N89'48'27"E along the South line of the North Quarter of the South Half of said Section 25 o 0istonce of 3926.73 feet to THE POINT OF BEGINNING; thence continue N89'48'27"E along said South line a distance of 4000 feet to the Southwest corner of property now or formerly owned by Bhoduri; thence N00'55'56"W along the West line property now or formerly owned by Bhaduri ( the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of said Section 25) o distance of 40.~gO feet;Ac,£~A. I~[~ _-~l thence S89'48'27'W along o line parallel with said South line a distance ~f 4~0 feet; thence S00'55'56'E porolle, with Bhoduri's West ,ine o distonc. 40.(~D DEC 1 2 to the POINT OF BEGINNING. / feet SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) WELL SiTE 7 / PG.__ IFOR: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 005~8001 COLLIER COUNTY, FLORIDA CAD FILE' O0518D.dwg Engineers · Surveyors · Mappers 12~ M3.'w.z~:.m. I~, ~ P~L~I ~I:ACH. F~OmDA 53405 r SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN DATE: 09/24/2000 BOOK N° RLS2633 SHEET: =~Cc~~v CF EXHIBIT Page I~ .of__LL._ North line of South Quarter of North Ho~f Section 25 N89'48'27"F' 4958,"21' I ~ South line of North Qucrt~r oF South Hole Section 25 FORMERLY mROP£RTY OF P:STCRI EASEMENT DESCRIPTION--NEW WELL SITE SEVEN POINT OF BEGINNING ~ u[ NBg'48'27"E 4C.00' "~-~.~oi  NEW W~LLS;TE 7 ~ ~ AREA = 1~00 SQ.FT. ~ S89'48'27'W 40.00' A parcel of land lying in Section 25, Township 49 South. Ronge 26 East, Collier County, Florida, being more 13articulorly described as follows: Commencing at the Southwest corner of said Section 25, run NOO'27'17"W along the West line of said Section 25 and along the East line of the Plat of Golden Gate Estates Unit 28, as recorded in Plot Book 7, Page 19, Public records of Collier County Florida, o distance of 2016.18 feet; thence N89'48'27"E along the South line of the North Quarter of the South Half of said Section 25 a distance of 4958.21 feet to the Northeast corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of said Section 25 and POINT OF BEGINNING; thence S00'38'37"E along the East line of said Northwest Quarter o distance of 40.00 feet; thence S89'48'27'W o distance of 40.00 feet; thence NOO'.38'37"W along a line parallel with SKETCH OF DESCRIPTION (THIS SCRWTP REVI[RSE COLLIER P(3tNT said East line a distance of 40.00 feet; th.nce NBS'48'~7'E a allstance 40.00 feet :~[ t~- i~j;~_~A (~_~.~..~) OFBEGINNING NO. D C 12 200 J IS NOT A SURVEY) NEW WELLSITE 7 ..~G. ! ~ OSMOSIS EXPANSION ' SDSK PROdECT: 0051800 COUNTY, FLORIDA CAD FILE: O0518D.dwg NOT TO SCALE DRAWN BY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN DATE: 10/24/2000 Engineers · Surveyors · Mappers BOOK N© IA R.L.S. RL$2633 ' i;' North line of South Quarter of North Half Section 25 ~O~ME~v NEWELL N89'~8'27"E ~966.73' ~ Scut~ line of North Quarter of Sout~ Half Sectlor~ 25 35' 36 FORMERLY PROPERTY 01¢' PISTORI POINT OF BEGINNING N89'48'27'E 9¥1T 4~L~, ~89'48'27'W 991,49' I C3 EASEMENT DESCRIPTION--UTILITY EASEMENT 2 EXTENDED A parcel of land lying in Section 25, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Section 25, run NOO"27'17'W along the West line of said Section 25 and along the East line of the Plot of Golden Gate Estates Unit 28, as recorded in Plat Book 7, Page 19, Public records of Collier County Florida, a distance of 2016,18 feet; thence N89'~8'27"E along the South line of the North Quarter of the South Half of said Section 25 o distance of 3966.73 feet to the Northeast comer of property now or formerly owned by PlstorI and POINT OF BEGINNING; thence contlnue N89'48'27'E a distance of 991,48 feet to the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 25; thence 500'38'37"E along the East line of said Northwest Quarter o distance of 20.00 feet; thence . S89'48'27"W a distance of 991. 9 feet; thence NOC)'35'56'W along Pistori's East line ~ 20.00 feet to the POINT OF BEGINNING. ~ NO.~~.~) ! DEC 1 2 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT~ ~'XTEi/q~FD)--" SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800) CAD FILE: O0518D.dwg EXECUTIVE SUMMARY AMEND THE AGREEMENT WITH THE COLLIER COUNTY FAIR WHICH PROVIDES A TAX-EXEMPT COMMERCIAL PAPER LOAN FOR THE CONSTRUCTION OF TWO WINGS FOR THE AGRICULTURAL PAVILION OBJECTIVE: To have the Board of County Commissioners amend the existing agreement by extending the completion date by one (1) },ear and to allow unspent funds to be used for the construction of a maintenance facility. CONSIDERATION: On January 11, 2000, the Board of County Commissioners and The Fair Board entered into an Agreement wherein the County would provide financing for Phase II of the Agricultural Pavilion on the fairgrounds. Phase II is the addition of 22,000 sq. ft. of space to the existing 22,000 sq. ft. building for a total usable space of 44,000 sq. ft. In addition, the agreement provided for financing of bleachers, electrical improvements and water management permitting. The financing to be provided bv the County is in the form of a loan guarantee from the Tax Exempt Commercial Paper Program in the amount of $570.000. At the date of the Agreement, construction was estimated to be complete in September. 2000. However, due to design changes, site development and permitting issues, construction did not commence until October, 2000. Completion is estimated for May, 2000. Under the terms of the existing Agreement. the final draw request to pay vendors was to take place on or before December 31. 2000. The Fair Board is requesting a modification to the Agreement wherein the final draw request is to take place on or before December 31, 2001. This modification provides for a six-month window to resolve any unanticipated contingencies. The repayment period will commence January 1, 2002. This modification requested by the Fair Board will extend by one year (1) the ability-to draw down on loan proceeds to make vendor payments and, (2) the start of the repayment period. In addition, final costs of this project is expected to be $400,000 or $170,000 under the budget of $570,000. The Fair Board is requesting the Commissioners amend the schedule of assets to be constructed, "Exhibit B" of the Agreement, to include a steel maintenance facility in the amount of $90.000. The remaining $80,000 is not expected to be used. FISCAL IMPACT: The entire $570,000 in loan proceeds was drawn down in FY 00. As funds were not encumbered in FY 00, the budget appropriations for this project lapsed on September 30, 2000. A budget amendment is necessary to recognize and appro >riatc $ 585,655 in available carryforward revenue in the Fair'B oard Agricultural Pavilio~ ~n'~-dg-'~END/,. tTEM DEC ',2 2000 (315). This will provide the ability to make payments to contractors working oil this project and to cover debt service payments on the Colnmercial Paper loan. GROV~TH MANAGEMENT IMPACT: In accordance with the ternas of the lease. the fairgrounds are accounted for as recreational facilities tbr the County. RECOMMENDATION: The Board approve the modifications to the ternas of the Agreement and the schedule of assets to be constructed, approve the associated budget amendments. and authorize the Chair to execute the modification document upon reviex~' and approval of the County Attorney. SUBMITTED BY: REVIEWED BY: ...... · :i'b 'Date:',/ ' ' John A. Yonkosky, Treasurer Collier County Fair Leo Ochs, Jr., Aami/iistrator Public Services: [ AGENDA ITEM DEC ! 2 20oft Executive Summary Approve work order #BSW-00-09 to Barany Schmitt Summers & Weaver, Inc. for professional architectural services at Golden Gate Communit3' Center. OBJECTIVE: That the Board of County Commissioners approve work order #BSW-00-09 to Barany Schmitt Summers & Weaver, Inc. in the amount of $89,850 for the architectural design of a skate park, pro shop, community roorm band shell and gazebo at the Golden Gate Community Center and Annex Site. CONSIDERATIONS: The Parks and Recreation Department is budgeted to construct a new skate park, pro shop, community room, band shell, and gazebo at the Golden Gate Community Center and Annex Site. This construction includes the creation of additional greenspace and related landscaping and irrigation. The Parks and Recreation Department is requesting that Barany Schmitt Summers & Weaver, Inc. be awarded the work order. The work order #BSW-00-09, in the amount of $89.850, is for architectural services to design and construct the project. GROWTH MANAGEMENT: Golden Gate Community Center is inventoried in the Collier County Growth Management Plan. FISCAL IMPACT: The total cost of the requested work order is $89,850. Funds for this project are budgeted in the Conununity Park Impact Fund (368) in the amount of $749,900. RECOMMENDATION: That the BCC approve work order #BSW-00-09 in the amount of $89,850 to Barany Schmitt Summers & Weaver, Inc. for professional services at Max Hasse Park. / J~'~gph/Delate, Project Manager Department of Parks and, Recreation Reviewed and' /i', 7; //'~ //L-: Approved by: .v f ((.:)/'t( f/~ ('(/z'(f.': ~:'; ~' Maria Ramsey, bir~t~r / Depa~ment of Parks and Recr~tion Reviewed and Approved by:. Leo Ochs Jr., Adminlstlator Division of Public Serv{ces 2000 BaranySchmittSummersWeaver D P A R T N E R S I N C O R P O R A T E D October 31,2000 Mr. Joe Delate Project Manager Collier County Parks & Recreation Dept. 3300 Santa Barbara Blvd. Naples, FL 34116 PROPOSALFOR ARCHITECTURESERVICES Collier County Parks and Recreation Golden Gate Community Center Annex Site Project Team Consultants: Consultants contracted directly with owner. BSSW to coordinate consultant's work. Landscape Design Consultants- J. Roland Liebet Civil Engineering Consultants - Agnoli Barber Brundage Phase Two: Architectural and Site Design Services A, Scope of Work 1. Architectural Services Planning and design 20,000 sq. ft. Skate Park. Design of flat slab to receive owner furnished appurtenances and skating structures. Design to include some bleacher seating fencing to control access and small shade structure. b. Design of 4700 sq. ft. Skate/BMX Pro shop and community meeting center. Includes documents for demolition of existing 1700 sq. ft. building Design of 2500-3000 square foot Band Shell structure. Acoustic band shell structure with covered stage, with public toilets. Stage lighting and electrical/sound closet and remote sound control location needed in spectator area. Design of sound system and equipment selection to be part of this work. d. Design of new 500 sq. ft. Gazebo structure e. Design of miscellaneous Site Structures/Construction, 2, Site Design Se~ices Site Design of Skate Park and coordination with existing facility. I A.gend~, I PROPOSAL FOR ARCHITECTURE SERVICES, (Con't) Collier County Parks and Recreation Golden Gate Community Center Annex Site b. Coordination of Landscape & Lighting design for annex site. Landscape design contracted directly with owner. Coordination of Civil Engineering services including, Water Management. Site Access, Parking, and required documents for Collier County SDP approval. Civil engineering contracted directly with owner. B. Summary of Professional Fees: Phase Two 1. Preliminary design phase $ 22,250.00 2. Final design phase 44,500.00 3. Bid phase 4,450.00 4. Construction Administration phase 17,800.00 5. Estimated cost of document reproduction850.00 Total for Phase Two services $ 89,850.00 Method of payment Monthly invoices based on actual progress and percentage of work product complete, D. Additional Services Additional services, outside the scope of services proposed, shall be charged at hourly rates or negotiated sum at the time of request for additional services. Additional services require prior approval of owner. E, Services excluded 1. Land surveying and topographic surveys. 2. Soil borings 3. Hydro and geologic surveys. 4. Civil engineering services. 5. Landscape, exterior lighting and irrigation design. 6. Signage and graphics. 7. Time and or materials for public meetings or presentations. Executive Summary Approve work order #ABB-FT-01-01 to Agnoli, Barber & Brundage, Inc .for professional engineering services at Golden Gate Community Center. OBJECTIVE: That the Board of County Commissioners approve a work order #ABB-FT-01-01 to Agnoli, Barber & Brundage, Inc. in the amount of $56,550 for the site design and permitting of a skate park, pro shop, community room, band shell, and gazebo at the Golden Gate Community Center and Annex Site. CONSIDERATIONS: The Parks and Recreation Departmere is budgeted to construct a new skate park, pro shop, community room, band shell, and gazebo at the Golden Gate Community Cemer and Annex Site. This construction includes the creation of additional greenspace and related landscaping and irrigation. The Parks and Recreation Departmere is requesting that Agnoli, Barber & Brundage, Inc. be awarded the work order. The work order #ABB-FT-01-01, in the amount of $56,550 is for engineering services to design and construct the project. GROWTH MANAGEMENT: Golden Gate Community Center is inventoried in the Collier County Growth Management Plan. FISCAL 1MPACT: The total cost of the requested work order is $56,550. Funds for this project are budgeted in the Community Park Impact Fee Fund (368) in the amount of $749,900. RECOMMENDATION: That the BCC approve work order #ABB-FT-01-01 in the amount of $56,550 to Agnoli, Barber & Brundage, Inc for professional services at the Golden Gate Community Center and Annex Site. ~ph l~late, Pr'~ject Manager Department of Parks and Recreation Approved by: Date: 19I~rla Ramsey, Director Department of Parks and Recreation Reviewed and '~,,.i~ ~'~ (~i,-i1 ....~ Date: Approved by: . Leo O~hs Jr., Adminf~t~]ator/ Division of Public Services WORK ORDER # ABB-FT-01-01 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 Golden Gate Community Center and Annex Site Site design and permitting for community center addition, skate park, band shell structure, and related infrastructure improvements. The work is specified in the proposal dated October 20, 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 #ABB-FT-01-01 is assigned to Agnoli, Barber and Brundage, Inc. Scope of Work: Task I: Master Planning and Data Collection Task II: Construction Documents/ Permitting Task III: Bid Phase Task IV: Construction Administration (and as outlined in the attached proposal) Schedule of Work: Complete work within 180 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 lask is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I: Master Planning and Data Collection $12,700. (lump sum) Task II: Construction Documents/ Permitting $26,200. (time and material) Task III: Bid Phase $ 5,250. (time and material) Task IV: Construction Administration $ 12,400. (time and material) TOTAL FEE $56,550. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: J9g'g~h I~. Delate, ASLA~ Pr~,ject Manager Parks and rec/re~tion Department Parks and Recreation Department Approved as to Form and Legal Sufficiency: _ L Assistant ounty Attorney ATTEST: (Corporate Secretary) Rick Barber, P.E., Secretary Agnoli, Barber and Brundage,lnc. ACCEPTED BY: Date: / Dominic J. Amico, Jr., P.E., Vice-President Agnoli, Barber and Brgndage, II~c. Sig/fature Golden Gate Community Center Annex Scope of Services - Agnoli, Barber, & Brundage Inc. 10120100 Project Narrative: The 'existing Golden Gate Community Center is to be expanded onto the parcel of land recently purchased by the Coun~ 13ooted across the former Lucem Rood (recenfiy vacated RAN). A pre-application meeting was held with project review staff in which they indicated that an overall SDP for the combined sites would be required. The combined site would consist of the Annex parcel, Community Center, Library, and Tax Collector/Sheriff parcel. The Annex parcel will require rezoning which we understand is being processed by the Planning Dept. through the LDC ammendment process. A master surface water management system permit through Collier County has also been required. Scope of Services: I. Master Planning/Base Data Collection $12,700 FF A. Boundary and partial Topographic Survey (Design Topography only $5500) $8,500 Base Data Collection 1. Utilities 2. Hydrotogy 3. Access $2,500 C. Preliminary Engineering $1,700 II. Construction Documents/Permitting A. Construction Plans B. Collier County Final SDP C. FDEP Main Extension Permits D. Surface Water permitting (Collier County) III. Bid Phase A. Tech Specs ABB format B. Bid Quantities C. Bid Meetings IV. Meet~ngslConstructioa A~min. A. Team meetings (5 @ 4hrs ea) B Reimbursibles C. Construction Administration $12,500 $5,200 $1,000 $7,500 $1,500 $1,250 $2,500 $2,400 $1,000 $9,O00 $26,200 T&M $5,250 T&M $12,400 T&M $56,550 Agen deft.Z.e~ DEC I 2 2000 V. Notes ~cl Clartfi~Kions FF = Fixed Fee. Billings will be based on percent completion. T&M = Time and Materials. Billings will be based on actual time and materials expended in accordance with our rate schedule. Budgets given are an upset amount and not be exceeded without pdor authorization. I.A. Prepare a boundary survey of the parcel on which an SDP will be obtained as described above. The survey will also include topography on the annex site, and follow the drainage outfall path up to the ultimate discharge point into an existing Golden Gate canal. B. Collec~ data and meet with respective agencies to determine the necessary design parameters for water(including fire protection), sewer and drainage facilities. C. Prepare preliminary designs addressing the elements investigated in B. above. II.A. We will perpare plans at a detail level sufficient for application for SDP and Collier county Surface Water Management review as well as bidding and construction,. B. This fee includes the preparation of the initial application and up to two (2) sufficiency responses. C. We have assumed that potable water and sanitary sewer mains will need to be extended. D. We will prepare detailed surface water management calculations and an application to Collier County for surface water management approval. III.A. Furnish technical construction specifications in our standard format. Provide site construction quantities for bidding purposes. IV.C. Construction Administration will consist of the following: Daily observation of construction, 2 hr/day for 1 month, Construction progress meetings, 5 total at 3hrs ea Professional Oversight of observation staff * Due to the preliminary nature of the project at this time, Engineer reserves the ability to revise the scope and fees associated with sections II and III after the completion of scope section I. Executive Summary Approve work order #ABB-FT-01-01 to Agnoli, Barber & Brundage, Inc .for professional engineering services at Golden Gate Community Center. OBJECTIVE: That the Board of County Commissioners approve a work order #ABB-FT-01-01 to Agnoli, Barber & Brundage, Inc. in the amount of $56,550 for the site design and permitting of a skate park, pro shop, community room, band shell, and gazebo at the Golden Gate Community Center and Annex Site. CONSIDERATIONS: The Parks and Recreation Department is budgeted to construct a new skate park, pro shop, community room, band shell, and gazebo at the Golden Gate Community Center and Annex Site. This construction includes the creation of additional greenspace and related landscaping and irrigation. The Parks and Recreation Department is requesting that Agnoli, Barber & Brandage, Inc. be awarded the work order. The work order #ABB-FT-01-01, in the amoum of $56,550 is for engineering services to design and construct the project. GROWTH MANAGEMENT: Golden Gate Community Cemer is inventoiled in the Collier County Growth Managemere Plan. FISCAL IMPACT: The total cost of the requested work order is $56,550. Funds for this project are budgeted in the Community Park Impact Fee Fund (368) in the amount of $749,900. RECOMMENDATION: That the BCC approve work order #ABB-FT-01-01 in the amount of $56,550 to Agnoli, Barber & Brundage, Inc for professional services at the Golden Gate Community Center and Annex Site. Prepared by: ~ph lfi~late, P~oject Manager Date: Department of Parks and Recreation Reviewed and Approved by: 'J~-~ Date: l~I~rla Ramsey~ D6ectoreati/i/oo Department of Parks and Recr n Reviewed and Approved by: - Date: Leo Oehs Division of Public~dces WORK ORDER # ABB-FT-01-01 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 Golden Gate Community Center and Annex Site Site design and permitting for community center addition, skate park, band shell structure, and related infrastructure improvements. The work is specified in the proposal dated October 20, 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 Orde~ #ABB-FT-01-01 is assigned to Agnoli, Barber and Brundage, Inc. Scope of Work: Task I: Master Planning and Data Collection Task 11: Construction Documents/ Permitting Task III: Bid Phase Task IV: Construction Administration (and as outlined in the attached proposal) Schedule of Work: Complete work within 180 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 l: Master PIanning and Data Collection $12,700. (lump sum) Task If: Construction Documents/ Permitting $26,200. (time and material) 1'ask Ill: Bid Phase $ 5,250. (time and material) Task IV: Construction Administration $ 12,400. (time and material) TOTAL FEE $56,550. Any ~:hange within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: J9~bh It'. Detate, ASLA~ Pr-~ject Manager Parks and rec, J~tion Department Maria O. Ramsey. ~rector t ~ate Parks and Recreation Department Approved as to Form and Legal Sufficiency: _ ~ Assistant County Attorney ATTEST: (Corporate Secretary) By: Rick Barber, P.E., Secretary Agnoli. Barber and Brundage,Inc. ACCEPTED BY: Date: Dominic J. Amico, Jr., P.E., Vice-President Agnoli, Barber and Brgndage, Ilqc. By:_ _ _~ '_~_~_~_ _?~_' _/_ ._ ........ Sigffature Golden Gate Community Center Annex Scope of Services - Agnoli, Barber, & Brundage Inc. 10/20100 Project Narrative: The existing Golden Gate Community Center is to be expanded onto the parcel of land recently purchased by the County located across the former Lucem Road (recently vacated RNV). A pre-applicatlon meeting was held wi~ project review staff in which they indicated that an overall SDP for the combined sites would be required. The combined site would consist of the Annex parcel, Community Center, Library, and Tax Collector/Sheriff parcel. The Annex parcel will require rezoning which we understand is being processed by the Planning Dept. through the LDC ammendment process. A master surface water management system permit through Collier County has also been required. Scope of Services: I. Master Planning/Base Data Collection $12,700 FF A. Boundary and partial Topographic Survey (Design Topography only $5500) $8,500 B. Base Data Collection 1. Utilities 2. Hydrotogy 3. Access $2,500 C. Preliminary Engineering $1,700 II. Constriction Docu~itting A. Construction Plans B. Collier County Final SDP C. FDEP Main Extension Permits D. Surface Water permitting (Collier County) III, Bid Phase A. Tech Specs ABB format B Bid Quantities C. Bid Meetings IV. MeetlngslConsta~'fion Admin. A. Team meetings (5 @ 4hrs ea.) B. Reimbursibles C. Construction Administration $12,500 $5,20O $1,000 $7,500 $1,500 $1,250 $2,500 $2,400 $1,000 $9,000 $26,2O0 T&M $5,250 T&M $12,400 T&M $56,550 DEC 1 2 ZOOO t V. Notes and ClmlficalJon$ FF = Fixed Fee. Billings will be based on percent completion. T&M = Time and Materials. Billings will be based on actual time and materials expended in accordance wfb5 our rate schedule. Budgets given are an upset amount and will not be exceeded without prior authorization. I.A, Prepare a boundary survey of the parcel on which an SDP will be obtained as described above, The survey will also include topography on the annex site, and follow the drainage outfall path up to the ultimate discharge point into an existing Golden Gate canal. Collect data and meet with respective agencies to determine the necessary design parameters for water(including fire protection), sewer and drainage facilities. C. Prepare preliminary designs addressing the elements investigated in B. above. II.A. We will perpare plans at a detail level sufficient for application for SDP and Collier county Surface Water Management review as well as bidding and construction.. B This fee includes the preparation of the initial application and up to two (2) sufficiency responses. C. We have assumed that potable water and sanitary sewer mains will need to be extended. D. We will prepare detailed surface water management calculations and an application to Collier County for surface water management approval. III.A. Furnish technical construction specifications in our standard format. B. Provide site construction quantities for bidding purposes. IV.C. Construction Administration will consist of the following: Daily observation of construction, 2 hr/day for 1 month. Construction progress meetings, 5 total at 3hrs ea. Professional Oversight of observation staff * Due to the preliminary nature of the project at this time, Engineer reserves the ability to revise the scope and f(-3s ~..;soci.~ted w;1'h sections II and Itt after the completion of scope section I. D F_ C 1 . 2000 EXECUTIVE SUMMARY AUTHORIZE PREPARATION AND ADVERTISEMENT OF AN ORDINANCE ESTABLISHING THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Obiective: To obtain authorization to prepare and advertise an ordinance which would establish a committee to provide the Tourist Development Council and the Board of County Commissioners with recommendations on technical issues related to all proposed beach renourishment and pass maintenance projects within the coastal environment of Collier County. Considerations: A nine member committee is proposed consisting of three (3) members each from Collier County, the City of Naples and the City of Marco Island respectively. This committee would be established by ordinance to replace the Beach Renourishment/Maintenance Committee established by City of Naples Resolution No. 93-6853 and Collier County Resolution No. 92-656. Such ordinance will provide for appointment and composition; set forth terms of office; provide for removal from office; provide for officers, quorum and rules of procedure; set forth the functions, powers and duties of the committee; provide for a review process; provide for conflict and severability and provide an effective date. Fiscal Impact: The estimated cost associated with the preparation and advertisement of this ordinance is $680.00. Sufficient funds are available in the Department of Parks and Recreation budget for this purpose during FY 01. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners authorize the preparation and advertisement of an ordinance establishing the Collier County Coastal Advisory Committee. Submitted by: ~"/.~-.~---~.--,x~_,~ . Date: 1/' ~;o.O o Reviewed by: Approved by: Harry Huber, Project Manager III Department of Par~ and Recreation I~larla Ramsey, Director Department of Parks and Recreation :.L !~. ,.,. .-" Leo 0chs Jr., 7Admm~str. ator Public Services Division Date: Date: ~'r / . c: Jane Eichhorn, TDC Cordinator EXECUTIVE SUMMARY AUTHORIZE IMPLEMENTATION OF THE RESTORATION PROJECT HALDEMAN CREEK Objective: To obtain authorization to implement the design and permitting activities associated with the Haldeman Creek Restoration Project. Considerations: On June 23, 1998, the Board of County Commissioners approved a Preliminary Feasibility Study for the Haldeman Creek Restoration Project and authorized distribution of a petition to benefited property owners to obtain an indication of acceptance. The results of such petition distributed September 6, 2000 are as follows: 515 256 49.7% Petitions Mailed Responses Received* Petition Response *Based 139 1.17 256 Upon Responses In Favor (54.3%) Against (45.7%) OPTION PREFERENCE Option # 1 4__~9 Option #2 35 Option #3 5_~5 139 (Basic Restoration - no rock removal) (Limited improvement; increase depth of channel 1/2 foot; minor rock removal) (Maximum channel deepening; increased rock removal) Based upon the Preliminary Feasibility Study, the total estimated project cost for maximum improvements (Option #3) is $2,200,000.00, including construction, design, permitting and administrative costs. It is proposed that funds for construction ($1,900,000.00) be provided through the creation of an assessment district. In order to establish a funding source for the pre-assessment costs (design, permitting and administrative costs), a transfer from Stormwater Management CIP Fund (325) Reserves is proposed. Such is based upon previous local benefit assessment projects where a 15% county-wide contribution to the total cost was provided for benefits received for general health, welfare and safety at large. It appears that such policy could be appropriately applied to the subject project in that there are known stormwater benefits received by the County at large. Based upon the total estimated project cost of $2,200,000.00, the 15% contribution would equal $330,000.00. The estimated pre~assessment costs are $150,000.00. The pre-assessment cost contribution could be provided evenly during FY0i and FY02. Therefore, consideration for approval of this proposal is requested whereby design and permitting activities can be implemented in a timely manner so as to provide ~ts J and address uncertainties associated with construction of the Haldeman Creek Restoration Project prior to creation of the assessment district. Fiscal Impact: To provide the proposed contribution for the pre-assessment costs for this project during FY01, approval of a budget amendment is necessary whereby funds in the amount of $150,000.00 would be transferred from the ad valorem tax supported Stormwater Management CIP Fund (325) Reserves to the Fund, Cost Center and Project Number which will be established for this project. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: I. Authorize implementation of the design and permitting activities for the Haldeman Creek Restoration Project. 2. Approve a budget amendment to transfer funds fi'om Stormwater Management CIP Fund (325) Reserves for pre-assessment costs during FY01. 3. Authorize establishment of a Fund, Cost Center and Project Number for the Haldeman Creek Restoration Project. Jt/arry Huber, Projec~rManager III Dep~ment of Parks and Recreation Reviewed by: Johi~H. Boldt, P.E.? P.L.S. Stormwater Management Director Reviewed by: Approved by: Marla Ramse% Director Department of Parks and Recreation - ~.~:'.-~ .. l,_ _. C~ .,f , Leo Ochs Jr., Admini~rator Public Services Divi~Jon Date: Date:f/~- ~,. c)'w.: Date: . - Date: /.~ ~'? EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE MARCO ISLAND SEGMENTED BREAKWATER PROJECT. Objective: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to provide post-construction monitoring services for the Marco Island Segmented Breakwater project. Considerations: On December 20, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform professional services related to the design, permitting and construction of a segmented breakwater system for the Marco Island Beach Restoration Project. Construction of the Segmented Breakwater System has been completed and it is now necessary to monitor the performance of same consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the segmented breakwater system. The attached Amendment to the Professional Services Agreement has been prepared to provide authorization for the proposed monitoring services during FY 00/01. This proposal has been reviewed and recommended for approval by the Beach Renourishment/Maintenance Committee and the Tourist Development Council. Fiscal Impact: The contractual amount of this amendment is $24,500.00. Appropriation of funds for this purpose in the amount of $26,950.00 was recommended for approval by the Beach Renourishment/Maintenance Committee on April 6, 2000, the Tourist Development Council on April 17, 2000 and the Board of County Commissioners on June 13, 2000 [Agenda Item 8(A)(10]. Funds are available in Fund 195, Tourist Development - 60%. The source of funds is the Tourist Development Tax. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: Approve Amendment No. 4 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Beach Restoration Project. 2. Authorize the Chairman to execute the Amendment. Submitted by:~~~,~~ Harry Huber, Project lvltmager III Departmere of Parks and Recreation Reviewed by:'/~ i' iI~L& x~/)Aq,/l~ 19labia Ramsey, Directc[r Department of Parks and Recreation Approved by: ~_:'-'-~:t' C~./c~. Leo O~hs Jr., Admin'~{t/rator Public Services Diveion Date: ll.,~ . oo Date:///~ff£- Date: Attachment C: Jane Eichhom, TDC Cordinator DEC 1 2 2000 AMENDMENT NO. 4 MARCO ISLAND BEACH RESTORATION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THIS day of ., 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Humiston and Moore Engineers, a Florida corporation, authorized to do business in the State of Florida, whose business address is 5679 Strand Court, Naples, Florida 34110. (Hereinafter referred to as the "CONSULTANT"). WlTNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Marco Island Beach Resotration Project (herein after referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WHEREAS, on December 20, 1994, the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 2000/2001; and WHEREAS, the CONSULTANT represems that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, in consideration of the mutual covenants comained herein and other good and valuable consideration, the Marco Island Beach Restoration Professional Services Agreement entered into on December 20, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated December 20, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the April 3, 2000 letter from Humiston & Moore Engineers to Project Manager Harry Huber re: "Proposal for Monitoring of the Marco Island Breakwater Project Performance". 1 DEC-'1 z 2000 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $24,500.00 as provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreemere. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form and Legal sufficiency: sis~ni"C3ufity At~ome~ Humiston and Moore Engineers Witness Typed or printed name Witness Typed or printed name By: Kenneth K. Humiston, P.E. President (CORPORATE SEAL) Attachment 2 NO .~ DEC 1 O0 HUMISTON & MOORE ENGINEERS COASTAL Er'~GINEERING DESIGN AND PERMITTING EXHIBIT A 5679 STRA~ND COURT, (JN~ 1 I 0 NAPLES. FLORIDA 341 l 0 FAX: 941 594 2025 PHONE 941 59,7 2021 April 3, 2000 Mr. Harry Huber, P.E. Collier County Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 34112 Re: Revised Proposal for Monitoring of the Marco Island Breakwater Project Performance, H&M File No. 6053 Dear Harry: As a follow up to our meeting to our recent discussions, we are providing this proposal for monitoring the performance of the referenced project. This proposal is for the fourth monitoring report, using year 2000 monitoring data and using data in part to be collected by others and provided to Humiston & Moore Engineers by Collier County. As we discussed, this contract will be renewable on an annual basis in accordance with fee schedules current at the time of renewal. SCOPE OF WORK A. Beach Monitoring Collection and analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco as shown on the attached figure, and analysis of the data for incorporation in the subsequent annual monitoring report. Estimated cost per monitoring event $ 5,500.00 B. Beach and Hydrographic Monitoring Analysis of beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel as shown on the attached figure. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic iljustrations and discussion of results. Estimated cost per monitoring event $11,500.00 Page 1 of 2 OEC 1 00 _ EXHIBIT A C. Additional Services and Contingency To include but not limited to meetings, presentations, administrative assistance, and agency coordination as may be requested bay the Owner. Estimated cost $ 7,500.00 Total Amount $24,500.00 We propose to provide you with the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete. Five copies of the monitoring report will be provided within 90 days of receipt of the hydrographic monitoring data from Collier County. Task C, Additional Services, will be billed on a time and materials basis in accordance with the attached fee schedule. Attached is a copy of our current fee schedule and Standard General Conditions, dated January 1, 2000. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 NUMISTON & MOORE ENGINEERS · NAPLES. FLORIDA Agenda No.~ DEC 1 FEE SCHEDULE Humiston & Moore Engineers January 1, 2000 Principal Engineer* ...........................................................$120.00/hr Senior Engineer* ..............................................................$100.00/hr Associate Engineer* ..........................................................$85.00/hr Staff Engineer .................................................................$75.00/hr Staff Engineer .................................................................$65.00/hr Technician ......................................................................$55.00/hr Administrative Assistant .....................................................$50.00/hr Facsimile ........................................................................$1.00/pg Copies (in house) ............................................................$0.05/pg Mileage ........................................................................$0.29/mi Telephone ......................................................................No Charge * Registered Professional Engineer, or Engineer Ph.D. All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. HUMISION & MOORE ENGINEEI~S · NAPLES, FLORIDA EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR WORK ASSOCIATED WITH THE BIG MARCO AND CAPRI PASS INLET MANAGEMENT PLAN Objective: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to provide monitoring services required by permit conditions for the Hideaway Beach T-Groin Construction project. Considerations: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform the Big Marco and Capri Pass Inlet Management Study. Amendment No. 2 to said Agreement- authorized additional services related to T-Groin Construction on Hideaway Beach. Construction has been completed and it is now necessary to continue the services to monitor the performance of the structures as required by special conditions in the permits issued by the Flohda Department of Environmental Protection. The information and data provided b> these services will be used to evaluate the performance of these temporary structures and provide a basis for the design and application for permitting of permanent structures. The attached Amendment has been prepared to provide authorization for the required monitoring services during FY 00/01. This proposal has been reviewed and recommended for approval by the Beach Renourishment/Maintcnance Committee and the Touri st Development Council. Fiscal Impact: The contractual amount of this amendment is $134,680.00. Appropriation of funds for this i0urpose in the amount of $148,148.00 w'as recommended for approval by the Beach Renourishment/Maintenance Committee on April 6. 2000, the Tourist Development Council on April 17, 2000 and the Board of County Commissioners on June 13, 2000, [Agenda Item 9(A)(10]. Funds are available in Fund 195, Tourist Development - 60c/~. The source of funds is the Tourist Development Tax. Growth Management hnpact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: Approve Amendment No. 8 to the Professional Services Agreement with Humiston & Moore Engineers for the Big Marco & Capri Pass Inlet Management Plan. 2. Authorize the Chairman to execute the Amendment. : '~,-0ii[~[Sfi, ITEM No. DEC 1 Pg.,,,, Submitted by: Reviewed by: Approved Harry Huber, Project Manager III Department of Parks and Recreation _..,~'.?, !.: / /' //>...~,.,,,,>?~ /-->:, Marla Ramsey,'~'h'ector Department of Parks and Recreation ..._.~. / _/,.. by: V~--: ~,.>-'- Leo Ocbs Jr.:Xdmi~i/trator Public Services DiviSion Date: Date:/,//'?,~/~ ~-' Attachment C: Jane Eichhorn. TDC Cordinator AMENDMENT NO. $ CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED into this day of ., 2000 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinal~er referred to as the "OWNER") and Humiston and Moore Engineers, a Florida corporation~ authorized to do business in the State of Florida, whose business address is 5679 Strand Court, Naples, Florida 34110. (Hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WHEREAS, on MAY 17, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 2000/2001; and WHEREAS, the CONSULTANT represems that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass Inlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated May 17, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the May 4, 2000 letter fi'om Humiston & Moore Engineers to Project Manager Harry Huber re: "Proposal for Monitoring 'of the T-Groin Project Performance - 2000/2001" 1 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $134,680.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Agreement, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: By': Deputy BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form and Legal sufficiency': _ ~s~stan~Col~ty Attorney ~.~ Humiston and Moore Engineers Witness Kenneth K. Humiston, P.E. President Typed or printed name (CORPORATE SEAL) Witness Typed or p~mted name Attachment 2 EXHIBIT A 941 594 202I May 4, 2000 Mr. Harry Huber, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Hand Delivered Re: Proposal for Monitoring of the T-Groin Project Performance - 2000/2001 HM File No. 8-002 Dear Harry, As requested, we are providing you with this updated proposal for the continued monitoring of the T-groins and comprehensive monitoring of the Hideaway Beach shoreline. Specifically, we are providing you with this proposal for the fourth year's monitoring under a five year monitoring program of the performance of the Marco Island T-Groin Project, as · required by DEP to satisfy the monitoring requirements of the temporary installation.. Consistent with our initial proposal, this proposal is for the fourth year of monitoring, renewable on an annual basis in accordance with fee schedules current at the time of renewal. .Monitoring requirements were negotiated between the DEP Bureau of Beaches and Coastal Systems, the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. We plan to use Sea Systems Corporation (SSC) to collect the hydrographic profile data. Agnoli Barber and Brundage (ABB) will remain available to conduct monument recovery, emergency post storm profiling and upland beach profile surveying as needed. The monitoring includes the 32 profiles within the entrance to Collier Bay as was completed last year. Scope of Work Task A: Surveys are required for post construction, 3-months, 6-months and thereafter at 6-month intervals for 5 years, comprising a total of 11 surveys. These surveys beginning with the post construction survey will be referred to as the comprehensive surveys. These surveys will incorporate both the monitoring of the T-groins, the Hideaway Beach element of the Marco Island Beach Restoration project monitoring, and 11 additional profile lines along the entrance to Collier Bay. The full scope of work consists of surveying a total of 49 beach profiles and 32 additional profile lines in Collier Bay. Please refer to the enclosed diagram for the survey layout. Task B: Compaction monitoring is required each year and the results must be provided to DEP each year. The results will be coordinated with Collier County OCPM and DEP to determine the need for any additional tilling each year. Page 1 of 3 EXHIBIT A Task C: Monitoring reports and project performance assessments are required annually. In an effort to evaluate the effects of the shifting of Coconut Island and the shifting shoal system, we have included a cursory wave refraction analysis for South Point and Royal Marco Point as part of the monitoring program. The costs associated with the surveys and reports are listed below by year: (Task) Description Cost Annual Cost (A): Comprehensive surveys (2) (B): Compaction Testing for Report (C): Report & Analysis $47,390 2,220 15,090 Subtotal for 2000: $64,700 In addition to the items above, Task D is included for the collection of post storm survey data. We propose to allow for two surveys to consist of the same survey as Task A, the results of which would be incorporated in a subsequent report. Such task will only be done upon written direction from the Collier County Office of Capital Projects Management. Task D: Post storm surveys upon direction from the OCPM Additional report analysis following collection of post storm data $47,390 $15,090 Total for Task D $62,480 Task E is additional services, to be provided on a time and materials basis, to coordinate any necessary changes, report interpretations, project adjustments, meetings with County staff or representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through D. A budget of $7,500 is recommended for this task. Should additional services requested by the county exceed this budget, a contract amendment to perform for such services will be submitted to Collier County for approval prior to conducting those services. All invoices related to this Task E will be itemized in accordance with the attached fee schedule dated January 1, 2000. The fee schedule is subject to adjustment during the period of this contract. Engineering services as referenced will be provided in accordance with the general conditions enclosed as part of this proposal. Total: Basic and Additional Services (Tasks A through E) $134,680 We propose to provide the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete. Additional Services will be billed on a time and materials basis in accordance with the attached fee schedule, dated January 1, 2000, and Standard General Conditions of the same date. As a reminder, the permanent structure design will be based upon data collected during the ongoing monitoring. As required by DEP, the applications for the permanent installation cannot be filed until after analysis of the third year of monitoring data. Page 2 of 3 HUMISTON & MOOr~E ENGINEERS · NAPLES, FLORIDA EXHIBIT A Should you have any questions regarding this request, please give me a call. Sincerely yours, HUMISTON (&~)'0RE ENGINEERS Brett D. Moore, P.E. Enclosures Page 3 of 3 HUM;SION & MOORE ENG ~JEEPS · NAPLES ~LOf~iDA EXHIBIT "A" FEE SCHEDULE Humiston & Moore Engineers January 1, 2000 Principal Engineer*. ............................................$120.00/hr Senior Engineer*. .......................................................$100.00/hr Associate Engineer*. ....................................................$85.00/hr Staff Engineer ...........................................................$75.00/hr Staff Engineer ..........................................................$65.00/hr Technician .........................................................$55.00/hr Administrative Assistant ...........................................$50.00/hr Facsimile ..............................................................$1.00/pg Copies (in house) .....................................................$0.05/pg Mileage ...........................................................$0.29/mi Telephone ..............................................................No Charge * Registered Professional Engineer, or Engineer Ph.D All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. HUMiS]ON & MOORE ENG,NEERS - NAPLES, FLORIDA EXECUTIVE SUMMARY APPROVAL TO CREATE AND FUND A NEW POSITION TIYLED, "WELLNESS COORDINATOR" WHICH WILL MANAGE THE COUNTY'S CORPORATE WELLNESS PROGRAM. OBJECTIVE: The objective of this item is to receive approval from the Board to create a new position titled, "Wellness Coordinator" which will manage the County's Corporate Wellness Program. This program is designed to identify and assist employees who possess adverse health risk factors through the promotion of preventive measures designed to reduce their potential for the development of acute and chronic diseases and to reduce group health plan costs. CONSIDERATIONS: The Board of Commissioners provides a health insurance plan to its eligible employees and dependents utilizing a self-funded arrangement. In Fiscal Year 2000 the Board spent in excess of $7,200,000 for health claims costs. On a per employee basis, the cost of providing coverage increased 15% between Fiscal Year 1999 and Fiscal Year 2000. While there are many factors that drive health care cost increases, it is clear that a major contributing cause is the failure on the part of insured members to institute a healthy lifestyle. Heart disease and cancer, among others, are some of the top diseases that employees face. In many cases, these diseases are preventable and the incorporation of a corporate wellness program is a primary way of identifying at-risk employees and placing them on a preventive track. The cost of a typical heart by-pass operation exceeds $50,000 and the cost of postoperative chronic treatment can easily exceed $5,000 per year. Therefore, the prevention of just one of these cases presents a tremendous cost saving potential to the Board's health plan. In 1999, the County Manager's agency held its first health fair. Over 500 employees participated in this fair and as a result 11 employees were identified as high risk with 3 employees receiving immediate referral to a physician or the emergency room. The nature of these referrals was such that the County easily avoided potential claims costs of $50,000 to $100,000 in hard dollars through early identification. The success of the health fair effort convinced staff that a coordinated wellness program has the potential of reducing health care costs, improving the quality of life of employees and improving productivity through reduced absenteeism. In order for a wellness program to be successful, it should contain the following components: 1) 2) 3) An early identification and assessment component. An individual follow-up and case management component for "at-risk" individuals. A marketing component. - 4) An educational component. 5) A data management, benchmarking, and reporting component. 6) An incentive component. After reviewing these components and the time and expertise required to carry out the associated tasks of each, it was determined that a full time position is necessary to successfully accomplish the program. It was determined that such a position was best suited to a health care professional such as a registered nurse. Staff reviewed two options for providing this service. These options included (1) utilizing an outside contractor or (2) hiring an in-house wellness professional. Staff sought a proposal from the county's utilization review provider, Managed Care 2000 to provide a dedicated on-site wellness coordinator. The price quoted by Managed Care 2000 was $88,000. Staff also identified the cost of providing this service in-house which is estimated to be $66,000. Given the highly visible nature of this position; the need for internal program marketing; the need to establish employee ownership of the program; and lower cost than via a contracted method, it is recommended that an in-house full time position be established. FISCAL IMPACT: The annual cost to create this new position is expected to be $66,000 including salary and benefits. In Fiscal Year 2001, the cost is expected to be $50,400 based upon filling the position for nine months. It is estimated that this position need only identify and prevent 1.3 high-risk cases to pay for itself with each high-risk case costing an estimated $50,000. Approval of a budget amendment to the Group Health and Life Fund is requested to pay for the cost of this position. Funds will be transferred from Group Health Reserves. GROWTH MANAGEMENT IMPACT: Them is no growth management impact associated with this agenda item. RECOMMENDATION: It is recommended that the Board of Commissioners approve the creation of a Wellness Coordinator position and that they approve a budget amendment to the Group Health and Life Fund to fund the position for the remainder of Fiscal Year 2001. SUBMITTED BY: .('"-J~~--.-_ Date: "-~ff V~alker, CPCU, ARM, Director, Risk Management REVIEWED BY: "/~'~:'/~'~ ?/'--'"" Date: ," '-,/','"' Jo-Anne Varcoe-Leamer, Support Services Administrator DEC 1 2 2000 Pg. EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR LAW ENGINEERING AND ENVIRONMENTAL SERVICES INC. IN THE AMOUNT OF $6,607.82 FOR ADDITIONAL COSTS ASSOCIATED WITH THE DISPOSAL AND REMEDIATION OF CONTAMINATED SOIL DISCOVERED DURING THE REPLACEMENT OF PIPING ON FOUR UNDERGROUND FUEL STORAGE TANKS. OBJECTIVE: To approve a change order for Law Engineering and Environmental Services Inc. in the amount of $6,607.82 for additional costs associated with the disposal and remediation of contaminated soil during the replacement of piping on four underground fuel storage tanks as required by the Florida Department of Environmental Protection. CONSIDERATION: Law Engineering Inc. was contracted to replace underground piping on four (4) underground fuel storage tanks at the main Government Center and at the Immokalee Jail Center to comply with the Florida Department of Environmental Protection's underground storage tank regulations (F.S. 62-761.). During the retrofit process, contaminated soil was found at the Naples Jail site which required immediate disposal and remediation. The cost associated with this additional work was $6,607.82. A change order in said amount is required to close out the contract and bring closure to this retrofit project. FISCAL IMPACT: This project was anticipated and budgeted for in the Countywide Facilities Capital Budget (Environmental Improvements). Total cost for this change order is $6,607.82. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve a change order in the amount of $6,607.82 for Law Engineering and Environmental Services Inc. for additional costs associated with the disposal and remediation of contaminated soil during the replacement of piping on four underground fuel storage tanks. Daniel ~ Rodriguez, Acting~ector Department of Facilities Management D at e: ./od -,/.?~,, APPROVED BY: JsO~pApon~r~ S earrv~cOee:Ll~a~s~ro, nAdminis trator Date: EXECUTIVE SUMMARY AUTHORIZE A CONTRACT AMENDMENT AND BUDGET AMENDMENT FOR DESIGN SERVICES FOR THE NEW IMMOKALEE JAIL CENTER. OBJECTIVE: To approve a contract amendment and budget amendment for additional design fees in order to provide the community with a new and appropriately sized jail facility that is in compliance with the new Model Jail Standards adopted in March 1998. CONSIDERATIONS: The design documents for the new Immokalee Jail Center have been completed and because of new jail standards adopted by the Florida Association of Counties and the Florida Sheriff's Association in 1998, the size and cost of the facility has markedly increased over the assumptions made in 1977 in the "Update on the Integrative Corrections Strategic Development Plan". The design fees were negotiated by staff based on assumptions made in the 1977 update which were to build a facility of 29,000 SF with a construction cost of $4,413,657. The newly developed design documents provide for a facility of 38,370 SF and a construction cost of $5,529,192. This significant increase in building size and cost is due to new "Model Jail Standards". The Sheriff's Office, in order to obtain certification for the facility, wants the new facility to be compliant with the new standards, which describes supervision, care, custody, treatment, housing and general handling of prisoners. Each facility has policy and procedure directives covering the complete range of operations, many of which are not currently available at the Immokalee Jail Center. Due to the increase in project scope and budget, this amendment to the original Agreement is for the additional architectural and engineering fees. Original Design Fee Additional Design Fee Total Design Compensation $393,141 .!0.8,904 $502,045 FISCAL IMPACT: Funds for the additional design fees are available in the Correctional Impact Fees Reserves and are estimated to be $108,904. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan. RECOMMENDATIONS: That the Board approve a contract amendment and a budget amendment as described within this summary for additional design fees for design of the Immokalee Jail Center and authorize the Chairman to sign the amendment after review by the County Attorney's Office. Executive Summary Page 2 PREPARED BY ~ /' '"/ ~- Const~ction Manager partment of Facilities management REVIEWED BY: 2~~:~_/'~~-~;? ~,/" DATE: Daniel l~odriguez, Acti~ir~or Department of Facilities Management APPROVED BY: ~"/~~..~,:~f~/ ._~/-'~ DATE: Jo-Anne Varcoe-Leamer, Adrrfmistrator Support Services Division ~) IMMOKALEE JAIL CENTER (IJC) AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT RFP 98-2867 This Amendment #3 to the Agreement dated January 12, 1999 (hereinafter "AGREEMENT") is made and entered into this day of ,2000, by and between the Board of County Commissioners for Collier County, Florida a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and AEC National, a Florida corporati6n, authorized to do business in the State of Florida, whose business address is 5150 North Tamiami Trail, Suite 600, Naples, Florida 34103 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Immokalee Jail Center (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modification to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for the completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 1.2 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment as attached hereto. Amendment No. 3 (cont.) Page 2 ARTICT ~ TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees for Basic Services (B attachment A) and Consultant's Estimate of Additional Services (B attachment C), as outlined in said AGRF~MENT with the modifications to Attachments A and C to said AGRF. F. MENT which are attached hereto and made a part hereof. ARTICI,~. THREE 3.1 The AGREEMENT, as amended shall remain in full force and effect. : 2ooo I Amendment No. 3 (cont.) Page 3 -. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of the Fourth'Floor of the County Courthouse to include Design of the Immokalee Jail Center the day and year first written above. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS FOR COLI_1ER COUNTY, FLORIDA, By: By: Deputy Clerk JAMES D. CARTER, CHAIRMAN Date: Approved as to form and Thomas Palmer Assistant County Attorney AEC National 5150 North Tamiami Trail Suite 600 Naples, Florida 34103 /\ (CORPORATE SEAL), Attachment "A" AMEND~ TO THE SERVICES GENERAL This document shall amend the Immokalee Jail Center Professional Services Agreement~ RFP #98-2867, Amendment # 2, dated March 28, 2000. SCOPE: The contract for architectural and engineering services is amended due to increase in project scope and development costs. The original project scope as described in paragraph A. 1.1 of the above Agreement states the need for a structure of approximately 29,000 square feet and an Owner's budget of $4,413,657. Development of the Programming and Space Needs Report issued by AEC, with input from the Sheriff's Office, and incorporating the new Model Jail Standards (adopted in March 1998), indicates a structure of approximately 38,370 square feet and a construction budget of $5,829,192. ADDITIONAL ARCHITECTURAL AND ENGINEERING COMPENSATION Due to the increase in project scope and budget, this amendment to the above agreement is for the additional architectural and engineering fees. The additional fees as described below and in the revised Schedule B. Original Design Fee Additional Design Fee Total Design Compensation $393,141 108,904 $502,045 End of Amendment ;*000 REVISED SCHEDULE B BASIS OF COMPENSATION Compensation to the Design Professional 2.1.A. New Immokalee Jail Center -2.1 .A.1 2.1 .A.2 A Lump Sum Fee of: (see Related Basic Services)- For the Project Programming A Lump Sum Fee of: ~' ~ ~ ~ 58~717 For the Schematic Design Phase of the Project. 2.1 .A.3 2.1 .A.4 2.1 .A.5 2.1 .A.6 2.1 .A.7 A Lump Sum Fee of: ~ 787289 For the Design Development Phase of the Project including design of Kitchen and Laundry Facilities. A Lump Sum Fee of: ~,~-~ nA,~ 198 150 For the Construction Document Phase of the Project A Lump Sum Fee of: !5227 19,572 For the Bidding Phase of the Project A Lump Sum Fee of: 46T68-1- 58,717 For the Construction Phase services of the Project. This amount does not include fees for the 3-month, 6-month, and 1-year warranty inspections. A lump sum fee of $1,200 shall be due for the 3-month wa, rranty inspection, $1,200 for the 6-month inspection and $1,200 for the 1-year warranty inspection. The fees noted in paragraph 2.1 .A.2 through 2.1 .A.6 shall constitute the total not to exceed amount of $417,045 to be paid to the Design Professional for Ithe~o.~~ performance of the Basic Services. i~~ 2.1.B Related Basic Services 2.1 .B.1 A Lump Sum Fee of: 30,000 For the Project Programming 2.1 .B.2 2.1 .B.3 2.1.B3 4 2.1.B.4 5 2.1 .B.5 6 2.1.B.67 A Lump Sum Fee of: 7,500 For the land & Underground Surveying of the Project A Lump Sum Fee of: 9,000 For the Existing Utility Evaluation of the Project A Lump Sum Fee of: 11,000 .. For the Geotechnical Engineering of the Project A Lump Sum Fee of: 10,500 For the Landscape Architectural Design within the project limits A Lump Sum Fee of: 17,000. For the Preliminary Design of the Project The fees noted in paragraph 2.1 .B.1 through 2.1 .B.6 shall constitute the total not to exceed amount of $85,000 to be paid to the Design Professional for the performance of the Related Basic Services for the Project. Text ~'*-,'"~- ............. ~., are deleted; text in bold are added. I ooo AGENDA TRANSMITTAL SLIP Date Submitted: Requested Agenda Date: IAgenda It.e~r~ # -] I (7) Approval of Minutes Public Petitions [ ~[_~_j~ (8C)Public Services (8F) Emersency Services (1o) BCC (12) (14) (17) Advertised Public Hearings Staff Communications Summary Al~enda APPROPRIATE HEADlING (CIRCLE ONE lt-I (5) [] (SA) [] Presentations & Awards Conmmnity Development Support Services Airport Authority .,.[~ (6) Approval of Clerk's Report [] (88) Public Works [] (BE) County Ma~,ager [] (9) County Attom,ey, l--1(11A) Other Constitutional'Officers [] (13A) Board Zoning Ap~als Adv. P.H. [~]'(15) BCC Communications (liB) Public Comment (138) Other (16) Consent Agenda Requested by: ' -"~' , Jag~ Crognale Date: Reviewed by: Date: 11-16-00 ~aniel Rodriguez 11~6-00 Divi sion Head ~'~~ -q~ Jo-A[-m; Varcge-~amer Date: 11-16-00 County Administrator: Tom O/lift, County Manager Date: ITEM TITLE: AUTHORIZE A CONTRACT AMENDMENT AND BUDGET AMENDMENT FOR DESIGN SERVICES FOR THE NEW IMMOKALEE JAIL CENTER. Fiscal Impact: Funds for additional design fees are available in the COrrectional Impact Fees Reserves and are estimated to be $108,904. L~tofDocumen~ Attached: 1. ExecutiveSummary(required) 3'Amendment #3 Budget Amendment EXECUTIVE SUMMARY AUTHORIZE A CONTRACT AMENDMENT AND BUDGET AMENDMENT DESIGN SERVICES FOR THE NEW IMMOKALEE JAIL CENTER. FOR OBJECTIVE: To approve a contract amendment and budget amendment for additional design fees in order to provide the community with a new and appropriately sized jail facility that is in compliance with the new Model Jail Standards adopted in March 1998. CONSIDERATIONS: The design documents for the new Immokalee Jail Center have been completed and because of new jail standards adopted by the Florida Association of Counties and the Florida Sheriff's Association in 1998, the size and cost of the facility has markedly increased over the assumptions made in 1977 in the "Update on the Integrative Corrections Strategic Development Plan". The design fees were negotiated by staff based on assumptions made in the 1977 update which were to build a facility of 29,000 SF with a construction cost of $4,413,657. The newly developed design documents provide for a facility of 38,370 SF and a construction cost of $5,529,192. This significant increase in building size and cost is due to new "Model Jail Standards". The Sheriff's Office, in order to obtain certification for the facility, wants the new facility to be compliant with the new standards, which describes supervision, care, custody, treatment, housing and general handling of prisoners. Each facility has policy and procedure directives covering the complete range of operations, many of which are not currently available at the Imrnokalee Jail Center. Due to the increase in project scope and budget, this amendment to the original Agreement is for the additional architectural and engineering fees. Original Design Fee Additional Design Fee Total Design Compensation $393,141 i08,9.04 $502,045 FISCAL IMPACT: Funds for the additional design fees are available in the Correctional Impact Fees Reserves and are estimated to be $108,904. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan. RECOMMENDATIONS: That the Board approve a contract amendment and a budget amendment as described within this summary for additional design fees for design of the Immokalee Jail Center and authorize the Chairman to sign the amendment after review by the County Attorney's Office. a~noA i-rEl~ '! no..,.).. rO-t4--~ ] Executive Summary Page 2 PREPARED BY: /~ ~.. ~ · _~.~.~-~ DATE: ~J_as~l~ ~r~)gnale, ~12t~nst~tion Manager ,'~epartment of Facilities management REVIEWED BY: E: Daniel l(otfi-iguez, Acting~lSi}~(or Department of Facilities Management Jo-Anne Varcoe-Leamer, Adr~nistrator Support Services Division IMMOKALEE JAIL CENTER (IJC) AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT RFP 98-2867 This Amendment #3 to the Agreement dated January 1.2, 1999 (hereinafter "AGREEMENT") is made and entered into this day of ,2000, by and between the Board of County Commissioners for Collier County, Horida a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and AEC National, a Florida corporation, ,' authorized to do business in the State of Florida, whose business address is 5150 North Tamiami Trail, Suite 600, Naples, Florida 34103 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Immokalee Jail Center (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modification to the services being contemplated under said AGRF~MENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for the completion of the project. NOW, TIqFREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 1.2 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment as attached hereto. Amendment No. 3 (cont.) Page 2 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees for Basic Services (B attachment A) and Consultant' s Estimate of Addition :at Services (B attachment C), as outlined in said AGRF. EMENT with the modifications to Attachments A and C to said AGRF~F. MF~NT which are attached hereto and made a part hereoff 3.1 The AGREEMENT, as amended shall remain in full force and effect. Amendment No. 3 (cont.) Page 3 IN WITNESS ~REOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of the F9urth Floor of the County Courthouse to include Design of the Immokalee Jail Center the day and year first written above. ATTEST: DWIGHT E. BROCK, CI BOARD OF COUNTY COMM/SSIONERS FOR CO~LB~R COUNTY, FLOR/DA, By: By: Deputy Clerk 3AMES D. CARTER, CHAIRMAN Date: Approved as to form and leg~fficiency~ i Thomas Palmer Assistant County Attorney AEC National 5150 North Tamiami Trail Suite 600 Naples~Florida~34103/.x (CORPORATE SEAL): Attachment "A" AMENDMENT TO ~ SERVICES GENERAL This document shall amend the Immokalee Jail Center Professional Services Agreement. RFP g08-2867, Amendment # 2, dated March 28, 2000. SCOPE: The contract for architectural and engineering services is mended due m increase m project scope and development costs. The original project scope as described in paragraph A. 1.1 of the above Agreement states the need for a structure of approximately 29,000 square feet and an Owner's budget of $4,413,657. Development of the Programming and Space Needs Report issued by AEC, with input from the Sheriff"s Office, and incorporating the new Model Jail Standards (adopted in March 1998), indicates a structure of approximately 38,370 square feet and a construction budget of $5,829,192. ADDITIONAL ARCHITECTURAL AND ENGINEERING COMPENSATION Due to the increase in project scope and budget, this amendment to the above agreement is for the additional architectural and engineering fees. The additional fees as described below and in the revised Schedule B. Original Design Fee Additional Design Fee Total Design Compensation $393,141 108,904 $502,045 End of Amendment REVISED SCHEDULE B BASIS OF COMPENSATION Compensation to the Design Professional 2.1 .A. New Immokalee Jail Center 2.1 .A.1 2.1 .A.2 A Lump Sum Fee of: (see Related Basic Services)' For the Project Programming A Lump Sum Fee of: 46T68-1- 58~717 For the Schematic Design Phase of the Project. 2.1 .A.3 2.1 .A.4 2.1 .A.5 2.1 .A. 6 2.1 .A.7 A Lump Sum Fee of: 6gTgg8 78~289 For the Design Development Phase of the Project including design of Kitchen and Laundry Facilities. A Lump Sum Fee of: ~ , , 198,150 For the Construction Document Phase of the Project A Lump Sum Fee of: ! 5227 19,572 For the Bidding Phase of the Project A Lump Sum Fee of: 46T68-1- . 5.8,717 For the Construction Phase services of the Project. This amount does not include fees for the 3-month, 6-month, and 1-year warranty inspections. A lump sum fee of $1,200 shall be due for the 3-month wa, rranty inspection, $1,200 for the 6-month inspection and $1,200 for the 1-year warranty inspection. The fees noted in paragraph 2.1 .A.2 through 2.1 .A.6 shall constitute the total not to exceed amount of e~A~ $417,045 to be paid to the Design Professional for performance of the Basic Services. 2.1 .B Related Basic Services 2.1 .B.1 2.1 .B.2 A Lump Sum Fee of: A Lump Sum Fee of: 30,000 For the Project Programming 7,500 For the land & Underground Surveying of the Project 2.1.B.3 A Lump Sum Fee of: 9,000 For the Existing Utility Evaluation of the Project 2.1.EG 4 A Lump Sum Fee of: 11,000 For the Geotechnicai Engineering of the Project 2.1.B.45 A Lump Sum Fee of: 10,500 .... For the Landscape Architectural Design within the project limits 2.1 .B.,~ 6 2.1.B.67 A Lump Sum Fee of: 17,000 For the Preliminary Design of the Project The fees noted in paragraph 2.1 .B.1 through 2.1 .B.6 shali constitute the total not to exceed amount of $85,000 to be paid to the Design Professional for the performance of the Related Basic Se~ices for the Project. ............. ~,.. are deleted; text in bold are added. AGENDA TRANSMITTAL SLIP Date Submitted: Requested Agenda Date: Agenda Ite4r/ # -[ [] (4) (8C} (SF) [.~_]~ (1o) (12) [] Approval of Minutes Public Petitions Public Services Emerl}ency Services BCC Advertised Public Hearings Staff Communications Summary A~enda APPROPRIATE HEADING (CIRCLE ONE) ID (5) Presentations & Awards LJ (SA) Community Development [] (SD) Support Services [] (8G) Airport Authority ID(I IA) Other Constitutional-Officers II (13A) Board Zoning; Appeals Adv. P.H. [~] (15) BCC Communications Requested by: Ja~ Crognale go-Anne Varcoe-damer (6) Approval of Clerk's Report (8B) Public Works (BE) Count (9) County Attorney (1 IB) Public Comment [] (13B) Other (16) Consent Asenda Date: Reviewed by: ~.,/~/~// Date: 11-16-00 Daniel Rodriguez 11'16-00 County Administrator: Tom Olliff, County Manager Date: 11-16-00 Date: ITEM TITLE: AUTHORIZE A CONTRACT AMENDMENT AND BUDGET AMENDMENT FOR DESIGN SERVICES FOR THE NEW IMMOKALEE JAIL CENTER. Fiscal Impact: Funds for additional design fees are available in the COrrectional Impact Fees Reserves and are estimated to be $108,904. L~tofDocumen~ Attached: I. ExecutiveSummary(required) L Amendment #3 Budget Amendment EXECUTIVE SUMMARY AUTHORIZE A CONTRACT AMENDMENT AND BUDGET AMENDMENT FOR DESIGN SERVICES FOR THE NEW IMMOKALEE JAIL CENTER. OBJECTIVE: To approve a contract amendment and budget amendment for additional design fees in order to provide the community with a new and appropriately sized jail facility that is in compliance with the new Model Jail Standards adopted in March 1998. CONSIDERATIONS: The design documents for the new Immokalee Jail Center have been completed and because of new jail standards adopted by the Florida Association of Counties and the Florida Sheriff's Association in 1998, the size and cost of the facility has markedly increased over the assumptions made in 1977 in the "Update on the Integrative Corrections Strategic Development Plan". The design fees were negotiated by staff based on assumptions made in the 1977 update which were to build a facility of 29,000 SF with a construction cost of $4,413,657. The newly developed design documents provide for a facility of 38,370 SF and a construction cost of $5,529,192. This significant increase in building size and cost is due to new "Model Jail Standards". The Sheriff's Office, in order to obtain certification for the facility, wants the new facility to be compliant with the new standards, which describes supervision, care, custody, treatment, housing and general handling of prisoners. Each facility has policy and procedure directives covering the complete range of operations, many of which are not currently available at the Immokalee Jail Center. Due to the increase in project scope and budget, this amendment to the original Agreement is for the additional architectural and engineering fees. Original Design Fee Additional Design Fee Total Design Compensation $393,141 108,904 $502,045 FISCAL IMPACT: Funds for the additional design fees are available in the Correctional Impact Fees Reserves and are estimated to be $108,904. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan. RECOMMENDATIONS: That the Board approve a contract amendment and a budget amendment ~ described within this summary for additional design fees for design of the lmmokalee Jail Center and authorize the Chairman to sign the amendment after review by the County Attorney's Office. Executive Summary Page 2 PREPARED BY: /: .,~ g; ..' _~.,v.~-~-~, DATE: j.J__a~l~ ar~gnale, 'Ct~nst~(~tion Manager .. ..' ?epartment of Facilities management REVIEWED B Y: 2~'.~:~CL//~F~./~,~v~/ DATE: . Daniel l~odriguez, Acti~ire~or Department of Facilities Management Jo-Anne Varcoe-Leamer, Ad~nistrator Support Services Division IMMOKALEE JAIL CENTER (IJC) AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREE~MENT RFP 98-2867 This Amendment//3 to the Agreement dated January 12, 1999 (hereinafter "AGRF~MENT') is made and entered into this day of. ,2000, by and between the Board of County Commissioners for Collier County, Florida a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and AEC National, a Florida corporation, authorized to do business in the State of Florida, whose business address is 5150 North Tamiami Trail, Suite 600, Naples, Florida 3z1103 (hereinafter referred to as the "CONSULTANT"). WITNESSETIt WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Immokalee Jail Center (hereinafter referred to as "PROJECT"), said services more fully described in said AGRF~MENT; and WHEREAS, OWNER and CONSULTANT agree some modification to the services being contemplated under said AGRI~MENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for the completion of the project. NOW, TI-IFREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICI.F. ONE 1.1 1.2 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment as attached hereto. Amendment No. 3 (cont.) Page 2 2.1 OWNF_.R agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees for Basic Services (B attachment A) and Consultant's Estimate of Addition :at Services (B attachment C), as outlined in said AGR .R'FMENT with the modifications to Attachments A and C to said AGRF~F~MF~NT which are attached hereto and made a part hereof. ARTICLE THR 3.1 The AGRh-?FMFNT, as amended shall remain in full force and effect. Amendment No. 3 (cont.) Page 3 IN WITNESS WIqF. REOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of the Fourth Floor of the County Courthouse to include Design of the !mmokalee Jail Center the day and year first written above. - ATTEST: DWIGHT E. BROCK, CI.FRK BOARD OF COUNTY COMMISSIONERS FOR COT.T .mR COUNTY, FLORIDA, By: By: Deputy Clerk JAMES D. CARTER, CHAIRMAN Date: Approved a~ to form and leg~fficiency~ i Thomas Palmer Assistant County Attorney AEC National 5150 North Tamiami Trail Suite 600 Naples, Florida.34103/~ Y: ~ ! '---7", '-" ' '~."= '-'" ' A. Nunner, Pres, dent (CORPORATE SEAL): ITEM A2000 Attachment "A" ~NDMENT TO THE SERVICES GENERAL This document shall amend the Immokalee Jail Center Professional Services Agreement,- RFP ~98-2867, Amendment # 2, dated March 28, 2000. SCOPE: The contract for architectural and engineering services is amended due to increase in project scope and development costs. The original project scope as described in paragraph A. 1.1 of the above Agreement states the need for a structure of approximately 29,000 square feet and an Owner's budget of $4,413,657. Development of the Programming and Space Needs Report issued by AEC, with input from the Sheriff's' Off'lee, and incorporating the new Model Jail Standards (adopted in March 1998), indicates a structure of approximately 38,370 square feet and a construction budget of $5,829,192. ADDITIONAL ARCHITECTURAL AND ENGINEERING COMPENSATION Due to the increase in project scope and budget, this amendment to the above agreement is for the additional architectural and engineering fees. The additional fees as described below and in the revised Schedule B. Original Design Fee Additional Design Fee Total Design Compensation $393,141 108,904 $502,045 End of Amendment REVISED SCHEDULE B BASIS OF COMPENSATION Compensation to the Design Professional 2.1 .A. New Immokalee Jail Center '2.1 .A. 1 2.1 .A.2 A Lump Sum Fee of: (see Related Basic Services)' For the Project Programming A Lump Sum Fee of: '~ c == ~ 58,717 For the Schematic Design Phase of the Project. 2.1 .A.3 2.1 .a.4 2.1 .A.5 2.1 .A. 6 2.1 .A.7 A Lump Sum Fee of: 6gTg~8 78,289 For the Design Development Phase of the Project including design of Kitchen and Laundry Facilities. A Lump Sum Fee of: ~ .... 198,150 For the Construction Document Phase of the Project A Lump Sum Fee of: For the Bidding Phase of the Project A Lump Sum Fee of: 4,r~eS~ . 58,717 For the Construction Phase services of the Project. This amount does not include fees for the 3-month, 6-month, and 1-year warranty inspections. A lump sum fee of $1,200 shall be due for the 3-month warranty inspection, $1,200 for the 6-month inspection and $1,200 for the 1-year warranty inspection. The fees noted in paragraph 2.1 .A.2 through 2.1 .A.6 shall constitute the total not to exceed amount of $308, $417,045 to be paid to the Design Professional for performance of the Basic Services. 2.1 .B Related Basic Services 2.1 .B.1 A Lump Sum Fee of: 30,000 For the Project Programming 2.1 .B.2 A Lump Sum Fee of: 7,500 For the !and & Underground Surveying of the Project 2.1 .B.3 A Lump Sum Fee of'. 9,000 For the Existing Utility Evaluation of the Project 2.1.B3. 4 A Lump Sum Fee of: 11,000 For the Geotechnical Engineering of the Project 2.1.B.4 5 A Lump Sum Fee of: 10,500 For the Landscape Architectural Design within the project limits 2.1 .B.~ 6 A Lump Sum Fee of: 17,000 For the Preliminary Design of the Project 2.1.B.67 The fees noted in paragraph 2.1 .B.1 through 2.1 .B.6 shall constitute the total not to exceed amount of $85,000 to be paid to the Design Professional for the performance of the Related Basic Services for the Project. Text o*",'"~- )hr~, ,nh ............. =,.. are deleted; text in bold are added. EXECUTIVE SUMMARY APPROVAL OF AN EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE COMPETITIVE GRANT APPLICATION OBJECTIVE: To participate in the State of Florida Emergency Management Preparedness and Assistance Competitive Grant program in order to fund a Collier County Emergency Medical Services Special Operations Unit. CONSIDERATION: The Emergency Medical Services Department has developed a grant application that would fund start-up costs for a Emergency Medical Services Special Operations Unit. The grant will be used for the purchase of equipment. The Special Operations Unit would provide much needed services in the areas of firefighter fireground rehabilitation, medical surveillance, medical research and fine medical decontamination on the scene of hazardous materials incidents, as well as incidents involving terrorism and weapons of mass destruction. The Emergency Medical Services Department is the agencs' responsible for all emergency medical care and related services as outlined in Florida Statutes Chapter 401 and performs this role as the County's sole licensed emergency medical care provider during these emergency situations. Requirements for these services are outlined in the Collier County Comprehensive Emergency Management Plan as a support agency for ESF- 8 (Health), ESF- 10 (Hazardous Materials) and ESF- 4 (Fire fighting). FISCAL IMPACT: The total amount of the grant is $121,733.00 with Collier Count>' providing Matching Funds of $54,356.50, available in EMS reserves, and an In-Kind Match of $6,510.00 for an existing trailer. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the submission of the grant application to the Florida Division of Emergency Management. DEC 12 2O0O SUBMITTED BY: REVIEWED BY: ... r II,'c Steveo.~. Ebri~ght, ffwisibn Commander :cy Medical Services Department lagg, Chief Date: Emergency Medical Services Department APPROVED BY: Thomas Storrar, Administrator Emergency Services Division DEC i-2 20,,J Pg,._ o~ , '~' COLLIER COUNTY GOVERNMENT DIVISION OF EMERGE,-CY SERVICES ADMINISTRATION EMPA GRANT REVIEW TEAM Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32_399-2100 HEALTH & COMMUNITY SERVICES BLDG. 3301 E. TAMIA_MI TRAIL NAPLES,' FL 34112 !,941' 732-2567 F_~.X: ' 941' 417-1545 November 21. 2000 PROJECT CATEGORY # 4 Funding requested from Trust Fund: $60,866.50 This project allows for the creation and implementation of the Collier County Emergency Medical Services Special Operations Unit. The Special Operations Unit will require the purchase of new and enhanced equipment for Emergency Medical Services personnel whose duties and responsibilities include the response to hazardous materials incidents. incidents involving weapons of mass destruction and medical rehabilitation of firefighters required on wildfire scenes. The Special Operations Unit is desired to address two major areas of need and is planned to be' in service within 6 months of grant approval. OVERVIEW By the award of this ~ant personnel involved in hazardous materials incidents as well as incidents of terrorism and weapons of mass destruction in Collier County will receive improved services in the areas of incident management, medical surveillance, and fine medical decontamination of patients, as well as on scene rehabilitation of patients and emergency stowice personnel. These programs will improve operational capabilities of the Collier Count3.' Emergency Services Department. During fires and wildfire scenarios we will provide an increased operational capability. in incident management and fitre ground rehabilitation of firefighters .as well other emergency service personnel responsible for the deliver2,.' of services during fire ~ound operations. The specific details of the pro,am are outlined in the response to questions from the grant application as well as the attachment of the Collier County Emergency Medical Services Department, Special Operations Unit Standard Operating Procedure. It should be known that only the entities identified in the application are involved in the proposed project. This application is made without collusion; the application is, in all respects, fair and in good faith without fraud or collusion. The sigmer of the application has full authority to bind the applicant. Honorable James D. Carter, PhD., Coun~ Chairman Collier County Board of Commissioners AP~AS TO FORM a LEGAL SU~Y Ramiro Manalich Chief Assistant County Attorney ATTEST: DWIGHT E. BROCK, CLERK (Deputy Clerk) No. IG LI?¢ ITEM DEC 12 200O EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 TITLE PAGE TITLE OF PROJECT: Collier County Emergency Services Division Special Operations Unit AMOUNT REQUESTED FROM STATE $ $60,866.50 AMOUNT MATCHING FUNDS COMMITTED: S60,866.50 This is an application for a competitive grant under (indicate ONLY one): X 1) Emergency Management Competitive Grant Program. or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1 ) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations. including public-private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. X 4) A project that will otherwise further state. and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Collier County Board of County Commissioners. Emergency Medical Services Department Address of Organization: 3301 Tamiami Trail East. Building H Naples, FL 34112-4961 E-mail address: SteveEpright @colliergov.net Name of Chief Elected Official: James T. Carter, Chairman, Board of County Commissioners Name of Chief Administrative Officer: Tom OIliff, County Manager Name of Applicant Contact: Steven J. Epright Title of Applicant Contact: Commander Telephone Number of Applicant Contact: (941) 775-8280 Federal Employee Identification (FEID) Number: VF 596000558 AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C., or application will not be scored]: Signature: James D. Carter, Ph.D., Chairman Title: Chairman, Board of County Commissioners Approved as to form & le al s.ufficiency County Attorney ~ 2. AGENDA ITEM No. o E C I 2 TABLE OF CONTENTS 2. A. 3. 4. Letter of Transmittalpage i Title Page page 2 Signature of Authority Table of Comems page Project Presentation Question 1 .............pages 4 - 7 Question 2 .............pages 7-8 Question 3 ............pages 8 Question 4 ............pages 8 Attachment !I page 10 Question 5-6 .........page t 1 AGENP&ITEM No. I~ (_'F) ~ DEC 12 2000 1. Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identi[' which emergency management prioriW, as identified in the Notice of Fund Availability., the project addresses. C!ear~, link the project to the priority. This project addresses the emergency management need as described in the Notice of Funds Availability dated September 20, 2000. This need is: NOTICE OF FUNDS AVAILABILITY PROJECT CATEGORY # 4 Other projects that v~Sll further state and local emergency management objectives which have been designated as priorities in the applicable Notice of Fund Availability (4). PRIORITY AREAS These projects are a priority because the3' will improve emergency management capabilities in any of the following fundamental areas of preparedness, response or recoveo' (C). Wildfire Mitigation through provision of firefighter medical rehabilitation services. Projects that will :artprove the training and operations capabilities of agencies assigned lead or support responsibilities as identified on the ESF Matrix on page 38, figure 11 of the Florida Comprehensive Emergency Management Plan.(D) Pro,dsion of Emergency Medical Care in suppo~ of ESF~10 for the provision of Hazardous Materials Incidents as well as events involvhng weapons of mass destruction. DESCRIPTION OF THE PROJECT This project allows for the creation and implementation of the Collier Cotmty Emergency Medical Services Special Operations Unit. The special operations unit will increase the capability of Emergency Medical Services personnel whose duties and responsibilities include the response to hazardous materials incidents, and medical rehabilitation of firefighters required on structural fire and wildfire scenes. This program provides medical incident management, medical surveillance, medical research, and fine medical decontamination of patients, as well as on scene rehabilitation of patients and emergency service personnel involved in hazardous materials including incidents involving terrorism and weapons of mass destruction. This program improves the operations capabilities of the ColLier County Emergency Medical Services and should be available for deployment as a unique medical support resource through ESF-8. This program provides medical incident management and fire ground rehabilitation of firefighters as well other emergency service personnel responsible for the delivery of services during fire ground and wildfire operations. AC:,~N D~ IT'EM No. t$(¥) [ DEC 12 2000 P~l. ~C~ The mechanism for the delivew of this service would be to provide the necessary equipment to be carried by trailer tot scenes requiring hazmat and fire rehabilitation services. It will also place four "Hazmedic" units in ser~Sce on a 24-hour basis. These units Will be the backbone of Collier County's medical hazardous materials and weapons of mass destruction response. It also includes the purchase of pagers for all EMS personnel which will be used to provide a call back capability. SOG's and medical protocols are updated to provide hazrnat medical services from regional standpoint. This is accomplished by adopting the Hazmat Common Protocol already in use by Broward and Dade County's. All training to bring employees to level ofEMS/Responder I and Special Operations members to the EMS Responder II level will provided by the Collier County Emergency Medical Services. LOCAL EMERGENCY MANAGEMENT NEED NUMBER l CATEGORY 4, PRIORITY C To provide incident management and ~e ground rehabilitation of firefighters as well other emergency service personnel responsible for the delivery. of services during fire ground and wildfire operations. Attached is a copy' of the Collier County Emergency Medical Services Special Operations Unit, Standard Operating Procedure. SUPPORT CONFiRxYHNG TI-P-B NEED Support confirming the need will be in the form of letters of support from agencies that will benefit from the addition of this unit. STATUTE. RULE, PLAN OR OTHER LEGAL REQUIREMENT: State Comprehensive Emergency Management Plan, ESF-8 Amnex State Comprehensive Emergency Management Plan, Wildfire Annex NFPA 1500 Collier CEMP ESF-4 OSHA 29 CFR 1910.120 Florida Chapter 401 WHAT IS THE PROJECT & HOW WILL IT ADDRESS THE NEED? Through the operation of the special response unit Collier County Emergency Medical Services will enhance it's capability to assure adequate on scene fire ground firefighter rehabilitation for both short and long term operations. This unit will be available for local, regional and statewide deployment through ESF-8. This will be assured through the utilization of appropriate incident management techniques. The unit will carry equipment utilized in medical assessment, rehydration, and rest for firefighters. Examples of this equipment would be coolers for fluids, cool mist fans, running water, and power for nighttime operations. treatment and transport facilities are also included. 5. AGENDA ITEM No. IG(~;\ I ~ J DEC 12 CERTAIN' .M~) CREDITABLE POSITIVE EFFECT ON, OR IMPROVEMENT 1N PREPAREDNESS, RESPONSE OR RECOVERY OR HAZARD MITIGATION Improvements in preparedness will ensure that there will be ample resources available should the need arise. Since some fire ground activities take extended periods, it is crucial that there is a specialized unit dedicated for that scene. By using the special response unit there is no need to decimate the local providers medical units available for 911 responses. Instead, the special response unit will be used to standby and provide rehabilitation for any emergency service personnel that should need it. With the acquisition of this equipment and implementation of the fire ground and rehabilitation SOG and medical protocol we will greatly improve both preparedness and response capabilities at both the county, regional and state level. LOCAL & STATE EMERGENCY MANAGEMENT NEED #2 CATEGORY 4, PRIORITY D To provide medical incident management, medical surveillance, medical research, and fine medical decontamination of patients, as well as on scene rehab'ditation of patients and emergency service personnel involved in hazardous materials incidents. This program will also improve operations capabilities of the Collier County Emergency Medical Services and should be available for deployment as a unique medical support resource through ESF-8 in support of ESF-10. It is intended to be used in hazmat situations as well as situations involving weapons of mass destruction. SUPPORT CONFIRMING THE NEED Support confirming the need will be in the form of letters of support from agencies that w411 benefit from the addition of this unit STATUTE, RULE, PLAN OR OTHER LEGAL REQUIREMENT: ~- OSHA 29 CFR 1910.120 defines the need for medical surveillance, which provides for the care and rehabilitation of fLrefighters as well as other emergency service personnel on the scene of fires, HAZMAT and other mass causality incidents. ~- Collier CEMP ESF-4 >~ Collier CEMP ESF-10 >' OSHA29 CFR 1910.120 WHAT IS THE PROJECT & HOW WILL IT ADDRESS THE NEED? The special response unit will provide the.means to establish the medical branch or sector in a hazardous materials incident. This sector will operate medical surveillance, fine medical decontamination, medical research, as well as treatment and transport areas. Equipment for this sector will be carried in the trailer and brought to the scene by on duty and call back oersonnel. o No. tto (_7') I DEC 12 2O0O P~I. Hazardous materials spills are a disaster that occurs without warning. Having a special response team available at all times will decrease the varied response that could occur by' not having a procedure in place. Increasing the capabilities of the emergency services personnel by putting the right tools in their hands in a time of emergency will meet emergency management objectives and inspire continued confidence in the abilities of the emergency personnel in Collier County,. Attached is a copy of the Collier'County Special Operations Unit, Standard Operating Procedure. These protocols have been approved by the Collier County Emergency Medical Ser~Sces and Collier County EMS Medical Director. CERTAIN AND CREDITABLE POSITIVE EFFECT ON. OR IMPROVEMENT IN PREPAREDNESS, RESPONSE OR RECOVERY OR HAZARD MITIGATION With this unit becoming operational Collier County will possess a level of competency in hazardous material preparedness that currently is not present. Through continued training and the acquisition of essential equipment Collier CounW Emergency Medical Services will possess the tools need to respond to the scene of a major hazardous materials release as well as potential incidents involving terrorism and weapons of mass destruction. e Identify the immediate tangible emergency management benefits (short term projects, i.e. - 12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e. - duration of longer than 12 months). Also, identify the number of emergency management organizations or the targeted population area whose emergency management needs will be directly benefited by the projec.t. This project has both short and long term implications and provides short and long term emergency management benefits. In the short term, the purchase of the needed equipment and updating of the rehabilitation SOG will have an immediate short term impact through the increase in rehabilitation services which will take effect almost immediately. Alter training and retrofitting of the trailer, this unit will be available very quickly to meet both local and State rehab'ditation needs as described in question #1. The impact of this service can be measured by anticipated decrease in firefighter injures and increased safety for firefighters that have been working long hours without proper rest and rehabilitation. The long-term benefits to state and local emergency management objectives are apparent. There is a need at the State and local level for the ab'flity to provide long-term quality fire rehabilitation. The larger the incident the bigger the problem. This was apparent during the St. John's and Flaggler Fires in 1998 and the subsequent "Report of the Governors Wildfire Response and Mitigation Review Committee" which extensively addresses firefighter safety. This unit addresses the need locally and regionally and provides a service that considering our recent wildfire situations is long overdue. No. lely) I DEC 12 2000 Commencement Date: The ability to have a fire rehabilitation response in place utilizing the updated equipment and medical protocols should be in place as soon as four months apter the grant award. Milestones: Will include placing the new hazmat equipment and Hazmedic units in service. This will occur after the completion of all necessary' hazmat and weapons of mass destruction training is completed and all SOG's are updated accordingly. Resources used to continue the project past the first twelve months: A1 training and operational resources needed to continue the project after the first year will be part of the Emergency Medical Services normal operating budget Fund 490. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. This project supports many aspects of the State Comprehensive Emergency Management Plan. Through the upgrade and increased availability of firefighter rehabilitation during wildfire operations, this project is in harmony with provisions of the State Comprehensive Emergency Management Plan, Wildfire Annex as well as aspects of the Florida Fire Chief's Disaster Plan. This unique resource will be available for deployment through the State of Florida Unified Command or ESF-8. T.hrough the Collier County Comprehensive Emergency Management Plan Collier County EMS is considered a support agency for both ESF-4 and ESF-10. Under ESF-4 our mission is to provide medical support as well as on scene firefighter rehabilitation. Under ESF-10 we are responsible for emergency medical response to all hazardous materials incidents as well as incidents involving terrorism and weapons of mass destruction in Collier County as the sole licensed ALS medical provider. Specific examples will be available in the Appendix section of the application. This includes the Collier County Emergency Management's letter verilS'ing the appropriate consistency review was ,~ompleteo. 4. Discuss why this particular method and approach was chosen. Collier County Emergency Medical Services is the only state licensed provider of Emergency Medical Services in Collier County. The approach to this project was chosen due the cost effectiveness involved in this method of delivery,. With the addition of the equipment as outlined in the proposed budget and training on the use of our newly updated standard. operating guidelines and medical protocolS, the use of existing personnel resources is the most cost effective approach to these goals. DEC 12 2000 Another approach was the provision of a full-time hazardous materials team that would consist of approxirnately 30 personnel. Our organization has long adhered to the policy, "Do more with less." By that, we mean that Lf a unit can be used for more than one task or objective it becomes multidimensional and cost effective. There is no need to have multiple specialized units if there is an overlap in the t~pes of responses it will have. The practical side of this project is that we are using as many existing resources to achieve our goal. There have been no other previous attempts to address these issues that our organization is aware of. AGENDA ITEM No. I(~(,F) J DEC 12 2000 Pg. // EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 2 Date: November 17, 2000 Proposed Budget In-kind Total EMPA Total Project EXPENDITURE Cash Match Services Grantee Award CATEGORiES A Match Cost Cost C+D=E D B A-~B=C 1. SALARY AND BENEFITS 0 0 0 0 0 2. OTHER PERSONAL 0 0 0 0 0 CONTRACTUAL SERVICES 3, ~ad)MIN ISTRATIV E 0 0 0 0 0 EXPENSES 4. EXPENSES 0 0 0 0 0 5. OPERATING CAPITAL ] $54356.50 $6 ~10.00 $60.866.50 $60.866.50 $1~1,73~.00 OUTLAx, 11 6. FIXED CAP1TAL OUTLAY 0 0 0 I 0 0 TOTAL EXPENDITURES i 44.65% 5.35% 50% 50% 100% PERCENTAGES A%B% C% D% E% NARRATIVE EXPLANATION AND JUST!FICATION OF LINE ITEMS: > In-kind match is for existing 25' trailer. 10. 5. Identify Applicant's project match. Matching funds for this grant from Collier County will be in the amount of $60,866.50 which includes an in-kind match of $6,510.00 representing the value of an existing 25' trailer. These funds represent a 50-50 match and will be available in Collier County FY 2000-01 budget ;an Fund 490 reserves. 6. Discuss the Applicant's experience and ability. applied to the project. The Collier County Emergency Medical Services has had many years of experience in dealing with the t.vpes of emergencies specified in the grant application. Akhough these experiences have to this point been largely successful, the rapid rate of growth we are experiencing requires the need for the enhanced services defined in the grant applicmion. We will include complete resumes of our Chief, Chief of Operations, and two DMsion Commanders who will serve as coordinators and managers for th'ts project. These individuals possess over 90 years in the emergency service experience and are well qualified to provide leadership and guidance to this program -and x~411 be available without delay. 11. AGENDA, ITEM No. I(~ { F ,..~ ,/ DEC 12 Pg ....//-~ COLLIER COUNTY GOVERNMENT EMERGENCY MANAGEMENT DEPARTMENT 3.301 E. TAMIAMI TRAIL NAPLES. FL .34112 '941~ 774-8444 FAX: ,941~ 775-5008 EMPA Grant Review Team Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Competitive Grant Reviewer, The concept of establishing a "hazmedic" unit in support of the Metro-Collier Hazmat Team is totally in concert with the Collier County Comprehensive Emergency Management Plan. The Collier County Emergency Medical Services Department is a support agency for ESF- 10 Hazmat Response. The approval of this grant application would not only increase our local teams capabilities but the hazmedic and related equipment would be available for deployment to other jurisdictions under the statewide mutual aid agreement. If there are any questions or concerns please call me at (941) 774-8445. Sincerely, K'en~th F. Pineau, CEM Emergency Management Director DEC 12 2000 /'/ EXECUTIVE SUMMARY APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT. OBJECTIVE: To attain the Board of County Commissioners approval of the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same, CONSIDERATION: Pursuant to Collier County Ordinance No. 81-75, the attached certificate and accompanying documentation are for your review. This process is routine in nature and submitted annually. FISCAL IMPACT: Pursuant to Collier County Ordinance No. 81-75, an annual budgeted renewal fee of $250.00 is to be paid from the Emergency Medical Service Fund. GROWTH MANAGEMENT IMPACT: Nothing at this time. RECOMMENDATION: That the Board of County Commissioners approve the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. r ¢. / ,~J,L Date PREPARED BY: ,,t, ~.~'~ ,',. C .. ! ) '.'~ I F.;'~':~' Diane B. Flagg, Chie{" - JJ Emergency Medical Services Department APPROVED BY: Thomas Storrar, Administrator Emergency Services Division Date:/~-"/~'-"-/~C.) AGENDA ITEM N o.___/_~/~.~. )_ Memorandum To: From: Date: Subject: Thomas W. Olliff, County Manager Diane B. Flagg, Chief Emergency Medical Services Department November 2, 2000 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81-75, please accept the following information for renewal of this required certificate: Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. Collier County Emergency Medical Services Department has twenty-six (26) licensed patient transport vehicles available. Twenty-five (25) of these are ground transport vehicles. Two (2) ALS Engines (non-transport) and One (I) is a reedivac helicopter. Nineteen (19) of the ground transport vehicles, two (2) ALS engines and the helicopter are staffed 24 hours a day, seven days a week. One (1) ground transport vehicle operates 12 hours a day, seven days a week. The remaining ground transport vehicles are in reserve. (Attachment A) Emergency Serv/ces Division DEC 12 2000 pg_ c~ Collier County Emergency Medical Services Department has one main office and eighteen (18) substations located throughout Collier County at the following locations: Headquarters 3301 East Tamiami TrailNaples, Florida Station #1 835 8a' Avenue South Naples, Florida Station #2 2375 Tower Drive Naples, Florida Station #3 776 Vanderbilt Beach Rd.Naples, Florida Station//4 1280 San Marco Rd. Marco Island, Florida Station #5 4741 Golden Gate Pkwy. Naples, Florida Station//6 & 7 112 South 1't Street Immokalee, Florida Station #8 2065 Pine Ridge Road Naples, Florida Station #9 11121 East Tamiami Tr. Naples, Florida Station # 10 7010 Immokalee Rd. Naples, Florida Station #11 201 Buckner Avenue Everglades City, Florida Station #12 14756 Immokalee Rd. Naples, Florida Station #15 # City 2977 26th Avenue NorthNaples, Florida Station//16 16325 Vanderbilt Drive Bonita Springs, Florida Station # 17 4741 Golden Gate Pkwy. Naples, Florida Station # 18 175 Isle of Capri Blvd.Naples, Florida Collier County Emergency Medical Services 'Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. 6. Three (3) Collier County residents to act as references: Robert D. Laird 1756 Courtyard Way, 205-C Naples, Florida 34112 Fay R. Biles 1588 Heights Court Marco Island, Florida 34145 Kathryn M. Godfrey 530 18' Avenue, N.E. Naples, Florida 34120 7. Collier County Emergency Medical Services Department schedule of service fees (Attachment B). 8. October 27, 2000 memo from Assistant County Manager stating no further information required. (Attachment C) 9. Renewal fee of $250.00 by journal entry of an interfund transfer from Fund 490-144610- 649010 to Fund 490-144610-36900. 10. Collier County Emergency Medical Services Department financial statement. Available in Collier County's Finance Department. DBF~b Emergency Services Division DEC 1 2 20O0 UNIT # Attachment COLLIER COL:~TY EN~FERGENCY MEDICAL SER¥~CES DEPARTNIENT PATIENT TR.&~,4SPORT ¥~EHCILE8 SERL-~L NU~IBER YEAR;~IAKE/)'IODE L COLOR SCHEME 2. 3. 4. 6. 7. 8. 9. 11. 12. t6. 20. 23. 24. 25. 26. 27. 28. 1FV3GFBC6SL611711 1FV3GFBC4SL611710 1FV3GFBC3SL611701 1FV3GFBCOSL611705 1FV3GFBCSSL611716 1FV3GFBCXTL784973 1FV3GFBCSTL784972 1FV3GFBC9TL599989 1FV3GFBCSTL599990 1FV3GFBC1TL784974 1FV3GFBCXWH899824 1FV3GFBCSWH899828 1FV3GFBC1WH899825 1FV3GFBCSXVH899827 1FV3GFBC1T1784975 1FV3GFBCZXH970415 1FV3 GFB C9XH970416 1FV3GFBCSXH970414 1FV3GFBCOXH970417 1FV3GFBC2XH970418 1FV3GFBC3WH899826 1FV3GFBC1YHF57183 1FV4GFBC3YHF57184 1FV3GFBCSYHF57185 1FV3 GFB C 7 YHF57186 4P1CT02S BVA000604 1995 FREIGHTLINER-FL60 OI~-~NGE:SVHITE STRIPE 1995 FREIGHTLLNER- FL60 ORANGE/WHITE STRIPE 1995 FREIGItTLINER- FL60 ORANGE~VHITE STRIPE 1995 FREIGItlLLNER- FL60 O1;L&NGE/WHITE SIRIPE 1995 FREIGHTLINER - FL60 ORANGEOvVHITE STRIPE 1996 FREIGHTLINER- FL60 ORANGE,'~VHITE STRIPE 1996 FREIGHTLINER - FL60 OI~-~NGE/WHITE STRIPE 1996 FREIGHTLINER - FL60 ORANGE,'%VHITE STRIPE 1996 FREIGHTLINER - FL60 OR~-kNGE,%VHITE STRIPE 1996 FREIGflTLINER - FL60 ORANGE/SVHITE STRIPE 1997 FREIGHTLINER - FL60 ORANGE/SVHITE STRIPE 1997 FREIGHTLLNER - FL60 ORANGE,,%VHITE STRIPE 1997 FREIGHTLINER - FL60 ORANGE/XVHITE STRIPE 1997 FREIGHTLINER- FL60 ORANGE/%VHITE STRIPE 1996 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 1998 FREIGHTLINER - FL60 ORANGE/WHITE STRIPE 1998 FREIGHTLENER - FL60 ORANGE/WHITE STRIPE 1998 FREIGHTLINER - FL60 OI~-kNGE/SVHITE STRIPE 1998 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 1998 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 199'7 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 2000 FREIGHTLINER- FL6O ORANGE/h¥HITE STRIPE 2000 FREIGHTLINER- FL60 ORANGE/VVHITE STRIPE 2000 FREIGHTLINER-YL60 ORANGE/WHITE STRIPE 2000 FREIGHTLINER-FL60 ORANGE/~VI-!ITE STRIPE 1998 PIERCE PUMPER 4PICT0259YVA000592 1998 PIERCE QUANTIUM N911CK 1999 EUROCOPTER - EC135 WHITE/YELLOW BLUE WHITE STRIPE AGENPA ITEM No. /&//: I & DEC 12 2000 RESOLUTION NO. 2000-167 RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-36; ADOPTING BILLING AND COLLECTION PROCEDURE: PROVIDING ADJUSTMENTS AND WAIVERS; ,APPROVING HARDSHIP CASES AND PAYMENT PLANS; SUPERSEDING RESOLUTION NO. 98~419; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier Count), Emergency Medical Services (hereinafter sometimes referred to as "EMS"', provides amoulance sep~'Jces to the residents and visitors of Collier County; and WHEREAS: the Collier Count~, EMS operating budget [s funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier Count3, staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs o[ services to the residents and visitors of Collier County,; and WHEREAS, Collier Count), Ordinance ,,No. 96-36 provides that the user fees for ambulance services may be established by Resolu[ion of the Board of Count, Commissioners (hereinafter sometimes referred to as "the Board"}. NOW, TIdEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO/viMISSIONER5 OF COLLIER COUNTY, FLORIDA that: SECTION ONE: EM$ USER FEEoc USER FEE EMS AMBULANCE TRANSPORT BASE RATE B. EMS AMBULANCE. IN COUNTY, INTERFACILITY TRANSPORT BASE RATE C. E.M5 AMBULANCE TRA[qSPORT PER MILE - IN COUNTY TRANSPORT5 CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT OF COUN']-Y INTERFACILITY TRANSPORTS CH~,RGE $300 CURRENT MEDICARE INFLATION INDEX CHARGE (11CI D. SPECIAL EVENTS: - ~,VO (2) MEDICS/ONE VEHICLE (PER HOUR1 $75 - ONE(1)MEDI©'NOVEHICLE (PER HOUR) $40 COPIES OF DOCUMENTS/PER PAGE [EXCLUDING GOVERNMENTAL AGENCIES) F. INTEREST ON PAST DUE ACCOUNTS 1% SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the service provision, as services dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service, siaalt be reflected in an accounts receivable subsidia~ ledger system to be maintained by the Revenue Services Department. 1 A~_. N DA~ I~'F_.I~' No. DEC 12 2009 ..Pg. ~ , ~. ,-xn inlllal Olll Tot ambulance -~ ~ -:.F~all De ~_, 7~c~_ processes in Lne [OllOW~ng manner days after senAce is provided. The Counh, will send an initiai bill to the se:'.,,ice recipienfs or responsible pam;."s insurance carrier provided that appropriate insurance information is made ave. liable to the Revenue Se,~,ices Depan:ment. The Revenue Services Department wiii accept Medicare assi~jnment, as a participating provider, and will wait no less than 45, days for pa,vment if Medicare or other insurance carrier is billed, If theciaim is denied, a bill will be sent to the sen/ice recipient or responsible pan3'. 2. The County will aiso send a bill to Medicaid and accept assignment if appropriate insurance in(ormation is made available to the Revenue So.ices Department by the sen/ice recipient or responsible pain/. The Revenue Services Department will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied, a bill will be sent to the sen,ice recipient or responsible part,/. 3. In the even[ the so.ice recipient or responsible par~y does not have or does no[ provide proof of insurance coverage., the bill for ambulance se,~ice(s) shall be sent direc~l¥' to the sen/ice recipient or responsible party for payment. The Revenue _%~ices Depar[ment will wait no less than 30 days for payment. The following wii] occur if payment has not been received within above se~ guidelines: a. A past due notice will be sent in accordance with the above provisions (45 days after billing third party. or Medicare, 60 days after billin§ Medicaid and 30 days after billing responsibie party or service recipient). b. Thirty, (30) days after the first past due nodce is sent, a second past due notice will be sent. c. After a ten (10) day 8race period, the account will be sent to the Coun~'s contracted collection a~ency. C. Interest will be assessed at 1°/o per month on all accounts that are either sent. to the County's contracted collection agency or set up for a payment plan (excluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the servi'ce recipient or responsib. le party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s) at any stage in this billing and collection procedure, are returned because the Postal Se~ice cannot effectuate 2 within thirty, (:.30) 1. DEC 12 2OO0 pg. ~ to asce~ainthe correct mailing address. if reaso~.abieeffo~sTo asce~ain correct address fEii, the account(s) may ~e considered for ot7, e- aitematives. F. h4othing container ip, t,his section ST, El', ~reclude reasonab~e teiephone or other appropriate contact for billinE End coile~;~on purposes, accordance with ail appiica~ie iaws. : (5. Throu[hout the fiscal ~/ear, the Revenue $e.~¢ices ~epa~ment s'na]I review al~, past due accounts and report to the Board of Counw Commissioners on an annual bas[s, of ail past cue ac:ounts wnic.h are believed To be uncoilectib/e. The Boar~ shall, after reviewin~ these past due accounts and after findins that diiigent efforts at collation have prove~ unsuccessful, remove these past due accounts from active accounts receivaole in accordance with ~ene,~,il¥ acce~ted accountin~ procedures and pursuan~ to law by Resolution. SECTION THREE: ADIUSTMENT OF EMS USER FEES The foilowing shai[ be minimum guide!ines for adjustments to ambulance fees. Other adjustments are authorized b'? the Board of Count~, Commissioners in accordance with criteria established by the enabiin$ Ordinance. A. M~diqare and Medicaid ~dJustme~ts Contractual adjustments under .~edicare assignment wiil be made in accordance with appiicabie rules and regulations. B. Vi_ i_ i_ i_ i_ i_ i_ i_ i_~imU Compensation Contractual ~djustments Contractual adiustments will be made in accordance with applicable ruies and regulations. SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96-36, and from the effective 'date of this Resolution, user fees for EMS ambulance stand-by services for the following communi~, special events snail be waived as the Board finds that a valid public purpose is hereby established recognition of their charitable contributions to the Community,: (1) Collier County Fair; (2) Evergiades Seafood Festival; (B) Senior PGA; and ',4) Nuveen Masters; (5) Collier County. Public School varsity football games. Fees for other community special events may be waived in accordance with criteria established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain sewice recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to'the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the State's Financial hardship guidelines, as used by HRS-Coilier County. B. Payment plans for hardship cases will be set up on a monthiy basis, with a minimum payment of $10.00 per month. Hardshi~ cases, placed on a payment plan wilt 3 DEC 12 2000 not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will be~in to accrue. SECTION SIX: OF RESOLUTION 98-419 SUPFRSEDED. This Resolution shall supersede Resolution No. 98-419. SECTION SEVEN: EFFECTIVE DATE This Resolution shail become effective on May 23, 2000. PASSED AND DULY ADOPTED by the Board of Count3/ Commissioners of Collier County, Florida, this ~ ~_- ..day of ~ ,2000. Ai~'EST: D~/IGHlt.F_ BROCK, CLERK .: :'.'- ;.'~,.: ..~ . ".':L: C , "',,i,~,15'~;r~.v~ic~-as'to~fa;~ and ' ' [~gal.,s. uffif.ien¢~/: BOARD OF COUNTY COMMISSIONERS OF COLLfE~]DA BY: TIMO~Jm~Y j. CONSTI~NTINE, CHAIRMAN Rami~ Mafialich, Chief Assistant County Attorney No./~,~E) DEC 12 2000 ~I EM 0 RAND Ij ~1 TO: FRO3.1: DATE: REF: .-\TTACH .~1ENT "C" T!~omas O[!ir'~'. Countx *laxa~er Oc;obe': 27. 2000 Cerli'Scate of Convenience ~nd Necessit~ for Collier County After review oi';h,s aplol;,c;~tion, to t'ene',.x this ce.r;if~cate :br Collie:' County Emer,.z, encv Medicai Services De:)uu-tment. 'no i't_n~he:' int'orm;~tion is :'souired at this :ime. AGEND~ ITeM No. I&l~-I ~ DEC 12 2000 COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 31, 2001__ Name of Service: Collier County Emergency Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 3301 East Tamiami Trail, Naples, Florida, 34112 Business Telephone: _(941) 774-8459 Emergency Telephone: 9-1-1 Description of Services Area: The 2~032 square miles encompassing Collier County Number of Ambulances on 24 hour duty: Nineteen (19) ground units, Number of Ambulances on 12 hour duty: One (1) ground unit. Number of reserve Ambulances: Five (5) Number of non-transport ALS engines: Two (2) Number ofmedivac helicopter: One (1) See attachment "A" for description o.f vehicles. This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this ATTEST: DWIGHT E. BROCK, CLERK day of ,2000 BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA Clerk James Approved as to form & legal sufficiency: D. Carter, Ph.D., Chairman DEC 12 2000 AGENDA, ITEM No. /~,~?? ~ DEC 12 20O0 F'g, l/ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of December 12, 2000 Naples Production Park MSTD (Fund 138) Budget Amendment #01-045 Operating Expenses $300 Reserves Reserve for Contingencies (300) Total: -0- Explanation: Funds are needed for legal costs associated with the mediations for an outstanding parcel for Naples Production Park. General (Fund 111) Natural Resources Budget Amendment #01-047 Operating Expenses $1,517 RoserYes Reserve for Contingencies ( 1,517) Total: -0- Explanation: Funds are needed to pay for replacement of a hand-held radio that was stolen. A police report was filed and an insurance claim was submitted. Money from the insurance company was received in FY00. Community Development (113) Budget Amendment #01-057 Cashiering Operating Expenses $8,000 Reserves Reserve for Contir~gencies (8,000) Total: -0- E. xplanation: Funds are needed to cover necessary operating expenses that were not contemplated in the reorganization that separated the cashiering function from the former Revenue Services Department. AGENDA ITEM 13EC 1 2 2000 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determiaed that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Economic Development Council of Collier County's Annual Board of Directors & Trustee Holiday Celebration at the Ritz Carlton Public Purpose: Government participation in Economic Development Council's annual meeting. Date of Function / Event: Wednesday, December 13, 2000 Amount to be paid by the County: $100 per commissioner Mileage: n/a COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERV1NG A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charit~.ble, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance ~,t the following function / event: Function / Event: Collier Building Industry Association Installation of the 47'h Board of Directors and Officers and Builder & Associate of the Year Awards Public Purpose: Government participation in Collier Building Industry Association's Installation of Officers. Date of Function / Event: Saturday, January 20, 2001 Amount to be paid by the County: $80 per commissioner AP. Wr. blI)A IlEM Mileage: n/a BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 12, 2000 FOR BOARD ACTION: Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 85-1028-CFA, 85-1029-CFA, RECOMMEND APPROVAL. 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: 1) October 25, 2000 through October 31, 2000 2) November 01, 2000 through November 07, 2000 3) November 08, 2000 through November 14, 2000 4) November 15, 2000 through November 21, 2000 B. Districts: 1) Collier Soil & Water Conservation District - Notice of meeting for December 6, 2000, Agenda for November 2, 2000 meeting and Minutes of August 2, 2000 meeting C. Minutes: 1) Collier County Productivity Committee - Notice of meeting for November 28, 2000 2) City of Naples Airport Authority- Agenda for September 21, 2000 regular meeting and Minutes of August 17 and September 12, 2000 regular meetings, Minutes of Special Meeting of August 31, 2000 and September 13, 2000 Audit Committee meeting 3) Environmental Advisory Council - Agenda for November 1, 2000 meeting and Minutes of October 6, 2000 meeting 4) H:Data/Format The Lake Trafford Restoration Task Force - Agenda for October 30, 2000 meeting and Minutes of October 18 and 30, 2000 meetings AGENDA ITEM No.. DEC i z zooo 5) 6) 7) 8) 9) Lely Golf Estates Beautification Advisory Committee - Agenda for November 9, 2000 and Minutes of October 13, 2000 meeting Parks and Recreation Advisory Board Meeting - Agendas for October 25 and November 15, 2000 meetings and Minutes of September 27 and October 25, 2000 meetings and Working Draft of "The Collier County Community Character Plan, Greenspace Element" Collier County Planning Commission - Agenda for November 16, 2000 meeting The Rural Lands Area Assessment Oversight Committee - Notice of November 20, 2000 meeting, Minutes of October I 1, 2000 meeting and Amended Minutes of September 13 and 27~, 2000 meetings Collier County Airport Authority - Agenda for November 13, 2000 meeting and Minutes of October 9, 2000 meeting 10) Emergency Medical Services Advisory Council - Agenda for December 13, 2000 meeting and Minutes of October 25, 2000 meeting Pelican Bay MSTBU Advisory Committee - Agenda for November 1, 2000 meeting and Minutes of October 4, 2000 meeting and Minutes of September 13, 2000 Pelican Bay Budget Hearing Board of County Commissioners meeting H:Data/Format AGENDA B'E~M No. ~ ~-T t DEC 1 2 2000 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE RESOLUTION AND BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 2000. OBJECTIVE: To have the Board of County Commissioners adopt the resolution and budget amendment appropriating $89,588,972.57 of carry forward, in various funds, to provide expenditure budgets for those purchase orders that were in the process of being completed, but not completely fulfilled as of September 30~h, 2000 CONSIDERATIONS: Purchase orders were issued to various vendors during FY 1999-2000 and there were budgets to pay for those purchases. The purchase orders are still valid. The County continues to need those products or services ordered. However, the budgets to pay for those items expired as of September 30~h. If the purchase orders were cancelled on September 30"~ they would have to be reissued on October 1s~ which would require unnecessary record keeping changes for the vendors, the County Purchasing Department, the Finance Department and the department which placed the order. However, FY 2001 budgets need to be appropriated to replace those that expired, to allow payment to be made. FISCAL IMPACT: This Executive Summary recognizes and appropriates $89,588,972.57 in carryforward in the respective funds as outlined in the attachment. The decision to purchase was previously approved and the money with which to make payment was encumbered at the time the purchase orders were issued. The County's financial system is capable of taking such transactions into consideration at fiscal year end. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION' The Board approve the attached budget amendment for $89,588,972.57 to appropriate carry forward and expenditure budgets for open purchase orders at the end of fiscal year 2000. p RE PARE D By. ~-~ ~, ,~'/~r~,~/~" ,f'.~-~,~,~ .~'V' ' ¢6.h/rley Van vliet, Senior Assistant Technical Mike Smykowski, Director of Budget and Management ,zsrnes Mitchell, Director of Finance AGENDA ITEM DEC 12. 2 lO[f FY 2000-2001 BUDGET AMENDMENT TO FUNDS AS LISTED AMOUNTS ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS TO PROVIDE FOR FY 2000 OPEN PURCHASE ORDERS 001: 103: 108: 109: 111: 113: 1t6: 117: 118: 123: 126: 129: 130: 136: 144: 150: 151: 156: 160: 190: 191: 193: 194: 195: 196: 198: 301: 306: 313: 320: 322: 325: 331: 333: 334: 336: 338: 339: 345: 346: 350: 355: 368: 381: 408: 410: Fund Cost Center Title Fund Total GENERAL FUND MSTD ROAD DIST 2' POLLUTION CLEANUP & RESTOR PELICAN BAY MSTUBU MSTD GENERAL FUND COMMUNITY DEVELOPMENT MISCELLANEOUS GRANTS NATURAL RESOURCE GRANTS EMERGENCY MANAGEMENT AND FIRE COLLIER CO-SERVICES FOR SENIORS METRO PLANNING - M.P.O. LIBRARY GRANTS GOLDEN GATE COMM CENTER GOLDEN GATE BEAUTIFICATION ISLE OF CAPRI FIRE CONTROL RADIO ROAD BEAUTIFICATION SABLE PALM ROAD EXTENSION IMMOKALEE BEAUTIFICATION M BAYSHORE/AVALON BEAUTIFICATION MISC FLORIDA STATUTES FEE STATE HOUSING INCENTIVE PA TDC - MUSEUM TDC - PROMOTION/SPECIAL EV TDC - BEACH RNOURISHMENT TDC - DISASTER RECOVERY MUSEUM FACILITIES MANAGEMENT - Co 1982 PARKS IMPROVEMENTS CI ROAD CONSTRUCTION - GAS TA CLAM BAY RESTORATION IRRIGATION & LANDSCAPING S 1981 WATER MANAGEMENT CIP ROAD IMPACT FEE - DISTRICT ROAD IMPACT FEE - DISTRICT ROAD IMPACT FEE - DISTRICT ROAD IMPACT FEE - DISTRICT ROAD IMPACT FEE - DISTRICT ROAD IMPACT FEE - DISTRICT REGIONAL PARK IMPACT FEE UNINCORPORATED COMM & REG EMS IMPACT FEES LIBRARY SYSTEM IMPACT FEE NAPLES & URBAN COLLIER COM CORRECTIONAL FACILITIES IM COUNTY WATER/SEWER OPERATI COUNTY WATER/SEWER DEBT SE 77,981.97 78,182.90 84,692.69 25,648.00 399,987.05 41,336.35 700.00 5,820.00 128,555.42 49,669.02 1,153,391.86 466.85 2,275.OO 37,931.35 90.90 484,638.10 27,043.O0 1,043.75 1,003,319.68 20,000.00 37,063.13 659,259.94 415,434.36 4,019,040.58 314,490.24 500.00 2,909,051.07 70,924.14 30,128,706.89 157 326.38 493,388.42 352 195.63 3,998 821.87 6,090 954.00 237 723.91 1 452.88 1,984 323.44 996.63 1 116.70 1,521 723.33 537 526.86 84 471.70 2,899 848.69 173 330.00 296 253.02 5,000.00 AGENDA ITEM No /~' g- c/) 411: 412: 413: 414: 431: 470: 473: 490: 491: 496: 605: - 778: WATER IMPACT FEE COUNTY WATER CAPITAL PROJE SEWER IMPACT FEE COUNTY SEWER CAPITAL PROJE MARCO WATER/SEWER DIST SOLID WASTE DISPOSAL MANDATORY TRASH COLLECTION EMERGENCY MEDICAL SERVICES EMERGENCY MEDICAL SERVICES AIRPORT AUTHORITY GRANTS GAC TRUST ~ LAND SALES PELICAN BAY - STREET LIGH Total added to FY 2000-2001 Budget 4,036,66809 2,160,292.08 16,316,903.03 2,902,865.25 136,967.17 800,003.39 34,960.00 351.10 8,178.74 1,907,414.43 4,675.00 265,996.59 89,588,972.57 AGENDA ITEM No. /r,, z: c/,) _ DEC i2 2fiO EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN INGERSOLL v. COLLIER COUNTY, CASE NO. 98-4274-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $45,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. SAID $45,000 SETTLEMENT WAS ARRIVED AT DURING A MEDIATION OF THE MATTER. OBJECTIVE: That the Board of County Commissioners approve the settlement in Ingemoll v. Collier County, Case No. 984274-CA, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $45,000 and all claims against the County would be dismissed with prejudice. Said $45,000 settlement was arrived at during a mediation of the matter. CONSIDERATIONS: On August 14, 1996, Plaintiff was proceeding on a green light on Espinal Boulevard at the intersection of U.S. 41. An EIMS vehicle, driven by a nineteen-year-old new employee, violated a written departmental procedure by going through the red light on U.S. 41 without stopping. There was conflicting evidence as to whether or not Plaintiff was actually aware of the EMS vehicle prior to the impact. Plaintiff said that he was not aware, but there were witnesses on the scene who said that the Plaintiff stated, immediately after the accident, that he did see the vehicle and tried to "beat it". There was also undisputed evidence by a county employee, who was not involved with the EMS, that the EMS ambulance seemed to be "speeding". Plaintiff was taken from the scene by ambulance and brought to Naples Community Hospital where he was diagnosed with having an enlarged spleen (requiring surgical removal), a fracture of the left radius and ulnar shaft (requiring a surgical procedure with plates being placed in same), as well as fractured ribs. The enlarged spleen may have been partially the result of the Plaintiff's pre-existing cirrhosis of the liver but, in fact, it was surgically removed after the accident. The Plaintiff sustained approximately $78,000 in total medical bills, as well as a claim of $3,000 lost wages. Based upon the fact that it was undisputed that Plaintiff had the green light, coupled with the substantial medical bills incurred, a $45,000 settlement was reasonable under all of the circumstances presented. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The settlement offer recommended by staff amounts to $45,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. principal terms set forth in this Executive Summary and authorize the Chai~ County Commissioners to execute all necessary settlement documents. RECOMMENDATION: That the Board of County Commissioners approve a settlement with the ---' ef ,h,, Board of n~-.J~IDA/TEM _ no. Prepared by: Assistant County Attorney Reviewed and Approved by: David C. Weigel County Attorney Reviewed and Approved by: Date: Date: Je~]Z~y Walker Director, Risk Management Date: H:Bill/Executive Sulmnary-lngersoll Case 2 EXECUTIVE SUMMARY Request by the Housing Finance Authoriuy of Collier County for approval of a resolution authorizing the Authority to issue multi- family housing revenue bonds to be used to finance a qualifying apartment project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority to be utilized for financing a qualified apartment project. CONSIDERATIONS: The Housing Finance Authority has considered requests by a developer of low/moderate income rental housing to issue its bonds to finance a qualifying apartment project. The project is consistent with the Growth Management Plan and is properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must approve the issuance of bonds. This hearing was held on November 27, 2000. There were no adverse public comments, and after considering the application and hearing a presentation by the developer, the Authority approved the issuance of the Bonds. A copy of the notice published in the Naples Daily News and the resolution of the Authority approving the bond issue is attached to the proposed County Commission resolution. The second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. The approval of this project does not mean that it will receive financing and actually be built. Under the rules for administering the state volume cap (which regulates the amount of tax-exempt private activity bonds that may be issued), Collier County will, at best, receive a limited allocation for 2001, and may receive no allocation at all. The Authority is attempting to work out an agreement with the other Housing Finance Authorities in Southwest Florida whereby we will receive an allocation of at least ¢ M} Files d~,~ umem ltOFA - Brittany Ba} Bnttan}, Bay Execulix¢ SummaD' wpd $4.8 million. In order to receive the allocation, which is made on January 2, 2001, we must have the project approved and ready for submission on that date. As are all revenue bonds of this type, these bonds are based solely on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any other revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the statutes creating the Authority declare that the creation of such housing is a public benefit to the citizens of the state, and the issuance of bonds is declared to be for a public purpose. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH .MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management impact. On the other hand, i~ will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. RECOMMEI{DATION: That the Board of County Commissioners adopt resoluEion. Donald A. Pickworth, Counsel Housing Finance Authority of Collier County the attached Approved by: David C. Wet'gel, ~ounty Attorney -2- No, EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NOS. 41T AND 13-45 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86, ET AL., CASE NO. 99-3040-CA. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drained incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel Nos. 41T and 13-45 for the Livingston Road 4-Laning Project (Immokalee Road to Imperial Road) in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 16/5/86, et al., Case No. 99-3040- CA. CONSIDERATIONS: On December 2, 1999 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road 4- Laning Project No. 65041 (Immokalee Road to Imperial Road). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $244,850 for Parcel Nos 41T and 13-45 in accordance with the Order of Taking. A Mediation Conference was held on December 4, 2000 at which the parties reached a settlement agreement whereby the property owners, Anthony Decile and Joan Decile, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-250). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $300,000.00 to be paid to Respondents in full settlement of all claims for compensation including business damages from Petitioner, including statutory interest, but excluding attorney's fees under Section 73.092(2), F.S., experts' fees, costs and expenses. The Settlement Agreement provides for $24,799.00 to be paid to Respondents for Respondents' attorney's fees. 1 AGENDA IT~t~ No. DE3 1 2 2000 pg. TFISCA~L I_~.MPA.__CT: Funds in the amount of $99.949.00 are available in '. Construction Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County' Commissioners: FY01 Road approve the expenditure of funds as stated; and approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashton. Assistant County' Attorney Mitch Riley, Interim Director TransP0pation Engineering Dept. N'ormhn E. Feder, Administrator Transportation Division David C. Wei=el. County )(-,~orney Date: ;., :?* / Date: Date: h: 1.il\EmDomain',Fa~scu-ExSum McdSculement 2 AGENDA ITF..M ',, DEC 1 2 2000 pg. Z IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COI.I_IER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS, JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/86., et al., Respondents. Case No.: 99-3040-i2A Parcel Nos.: 41-T & 13-45 MEDIATED SETTLEMENT AGREEMENT At a mediation Conference held on December 4, 2000, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondents, ANTHONY DECILE and JOAN DECII .E, the sum of Three Hundred Thousand Dollars and 00/100 ($300,000.00) in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's fees, pursuant to Section 73.092(2), Florida Statutes, expert fees and costs. Petitioner shall receive a credit for amounts previously deposited. Petitioner will pay Respondent's attorney the additional sum of Twenty Four Thousand Seven Hundred Ninety Nine Dollars and 00/100 ($24,799.00) in settlement of attorney's fees pursuant to Section 73.092(1), Florida Statutes, and reserves the right to claim attorney's fees, if any, pursuant to kection 73.092(2), Florida Statutes. AGENDA ITEM -, DEC 1 2 2000 ,.-% 2. Petitioner shall pay Respondent the balance of Ninety Nine Thousand Nine Hundred Forty Nine Dollars and 00/100 ($99,949.00) within thirty (30) days of the court execution of the Stipulated -Final Judgment pertaining' to parcels 41-T and 1345; however, said payment shall not be made before January 1, 2001, but as soon thereafter as possible. 3. The parties acknowledge that Respondents still own the remainder property to Parcel 13-45, unless otherwise conveyed by Respondents to a third party. This mediation is subject to the approval of the Board of County Commissioners. This Agreement (and addendum, if any) contain(s) all of the agreements of the Respondents will jointly submit to the Court for 5. parties, and every part of every agreement. 6. Counsel for Petitioner and signature a mutually approved form of a proposed Stipulated Final Judgment as soon as practical hereafter, and in any event within sixty (60) days of the date of this agreement. Said proposed Stipulated Final Judgment shall incorporate, include and set forth all provisions of this agreement I2ieidi ~. ~.;ht~, Esq. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 ~ Facsimile Attorney for Petitioner except this final paragraph numbered 6. Brian Parchen, Esq. Florida Bar No. 157545 EARI,E & PATCI-IEN, P.A. 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsimile Attorney for Respondents 2 AC~..NDA ITEM ,- DEC 12 2000 1 Anthony Decile, Respondent Jo~n 1Senile, Respondent Mitch Riley, P.E., Interim Director Transportation Engineering Dept. COI~I~IF~R COUNTY GOVE1CNMENq' Harmon Turner Building 3301 East Tamiami Trail 'Naples, Florida 34112 0~hn N. Conrad, Mediator H:lit/FassettXMediationSettlementAgree41T& 1345 3 aGENDA ITEM ,, DEC 1 2 2000 R, --% EXECUTIVE SUMMARY APPROVAL OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCELS 201 AND 201T IN THE LAWSUIT ENTITLED COLLIER COUNTY V.. JOSEPH DELUCIA, ET AL., (Golden Gate Boulevard Project). 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 Parcels 201 and 201T for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. doseph DeLucia, et al., Case No. 00-0938-CA. CONSIDERATIONS: On June 20, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On June 29, 2000, Collier County deposited with the Registry of the Court the sum of One Thousand Six Hundred and No/100 Dollars ($1,600.00) for Parcels 201 and 201T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Margaret Sluder, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-285). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Two Thousand and No/100 Dollars ($2,000.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcels 201 and 201T. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Four Hundred and No/100 Dollars ($400.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $400.00 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 63041 - Golden Gate Boulevard GROWTH MANAGEMENT IMPACT: Consistent with Management Plan for CIE Project No. 53. the Collier ,, County Growth A~..ND~A ~ DEC 1 2 2000 jL RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $400.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: A. N. Korti, Project Manager Transportation Utilities and Engineering Department Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Riley, P.E., Interim Director Transportation Utilities and Engineering Department No//m Feder Tfhnsportation Administrator David C. Weigel County Attorney Date: Date: Date: 2 AGENDA ITEM NO. DEC 1 2 20O0 Pg. _~- IN TIlE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State. of Florida, Petitioner, JOSEPH DE LUCIA, et al., Respondents. Case No.: 00-0938-CA Parcels: 201 and 201T STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, MARGARET ANN SLUDER, for entry of a Stipulated Final Judgment as to Parcel Nos. 20I and 201T, 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 Respondent, MARGARET ANN SLUDER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND .ADJUDGED that Respondent, MARGARET ANN SLUDER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand and No/100 Dollars ($2,000.00) for Parcel Nos. 201 and 201T as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further AOENDA ITEM , EXHIBIT NO. '~'~ DEC 1 2 2000 ORDERED that Petitioner shall deposit an additional Four Hundred and No/100 Dollars ($400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and costs as to Parcel Nos. 201 and 201T; and it is further ORDERED that no attorney's fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 201 and 201T; and 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 MARGARET ANN SLUDER, 2130 Golden Gate Boulevard West, Naples, Florida 34120, less any amounts previously paid for the benefit of Respondent, MARARET ANN SLUDER, and it is further ORDERED that title to Parcel No. 201, road right-of-way, drainage, sidewalk, utility and maintenance easement, and Parcel No. 201T, temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 20, 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 2653, Page 1178, of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 201 and 201T; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of ,2000. 2 TED BROUSSEAU Circuit Court Judge No. DEC 1 2 2000 Conformed copies to: Heidi F. Ashton, Esq. Margaret Ann Sluder Vincent Murphy, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 201 and 201T. Dated: IO/'3OI o© 2130 Golden Gate Boulevard, West Naples, Florida 34120 Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner 3 AOENDA ITEM NO.~ DEC 1 2 20O0 330..A: TAMIAMITRAIL ,.~A' '18, FLORIDA3,'1112 (9,11) 77`1-al 92 Ji'L' SKETCH OF DESCRIPTION (NOT A SURVEY} PROJECT NO. 03041 PROJECT PARCEL NO. 20% DRAINAGE, 810EWALt( & MAII'ITENAHCE EASE WE~! PEO 75' I~ oo. n.o GOLDEhl GATE BOULEVARD t~W EASEME 7~' L 330' - $OUTII TIlE SOUTII 25 FEET OF TIlE ¢IoRTII 75 FEET OF TIlE EAST78 FEET OF TIlE WEST 150 FEET OF TRACT 48, OOLDEH OATE ESTATES, · UNIT riO, ~,AS RECORDED IH P~T [lOOK {,PAGE 9~,OF ZliE PUBLIC RECORDS OF COLLIER COUH~. FLORIDA. -- IIORll I PROPEl1 ~Y t Ifil~ ,__.F EZISTINQ RIOliT OF WAY LIHE SHI~ET 1 A A ITE D [C I 2 2000 - Projecl No. 63041 Pari::el No.: 201 T Folio: 36963360000 TEM~)ORARY DRIVEWAY RESTORATION EASEMENT , (~/OTA SURVEY) , The East 30 feet of Ihe Soulh 40 feet of Ihe Nodh 115 feet of Ih~ Easl ~5 feet of Ihe West 150 feel of Tracl 48, Golden G~le Eslales Unit No. 8, as recorded In Plat Book 4, Page 97 of !he Public Records or Collier County, Florida. ./ · ~//~ AGENDA ITEM .. DES I 2 2000 P~:. EXECUTIVE SUMMARY PETITION NO. PUD-2000-15 BRUCE ANDERSON, ESQ., OF YOUNG, VAN ASSENDERP VARNADOE AND ANDERSON, AND GREG STUART, AICP, OF STUART & ASSOCIATES, REPRESENTING GREG EAGLE, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS EDISON VILLAGE PU-D FOR A MAXIMUM OF 54,000 SQUARE FEET OF OFFICE AND COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULVEARD (CR 951) AND LELY CULTURAL PARKWAY IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44 +/- ACRES. OBJECTIVE: To have the Board of County Commissioners consider a rezoning request by a petitioner who seeks to have land described herein rezoned from its current zoning designation of "A" Rural Agricultural, to PUD, Planned Unit Development, for the purposes of developing a commercial development on 7.44 acres of land by providing for three development tracts consisting of future commercial area and preserve areas. CONSIDERATIONS: The applicant proposes to develop the property for a maximum of 54,000 square feet of gross leaseable floor area for office and infill commercial uses. This will equate to a maximum of 7,260 square feet of gross leaseable floor area per acre. The PUD Master Plan contains a total of two commercial development tracts totaling 5.66 acres, and one additional tract consisting of preserve/open space, and water management tracts totaling 1.78 acres. The uses permitted by right are those permitted uses generally found in the C-I, C-2, C-3 and portions of the C-4 zoning districts. Development of the southern most parcel shall be restricted to those uses permitted in the northern parcel, minus fast food restaurants and gasoline service stations, including convenience stores which may or may not sell gasoline, in order to provide a lower intensity transitional area between the residential area to the south and the higher intensity commercial tracts which abut the project, to the north. The commercial development tracts will be located adjacent to the site's 654 feet of frontage along Collier Boulevard (C.R. 951). The preserve areas are located along the western boundary of the site, and will create a natural buffer between the subject site and the abutting school property to the west. The project has access to existing utilities (potable water and sewer). Access to the site will be from Lely Cultural Parkway, approximately 400 feet west of its intersection with Collier Boulevard. The project will interconnect internally to the Sierra Meadows PUD commercial district to the north. There is no direct access to the site from Collier Boulevard (C.R. 95 I). Development Standards - The proposed development standards for the project are similar to the commercial district zoning standards which most closely characterizes the uses authorized by this district. Building heights for all structures are limited to 50 feet. DEC 1 2 2000 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 results in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the proposed office project: · Fire Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: · Corrections Imp. Fee: $0.30 per square foot of building $2,453.00 per 1,000 square foot of building $0.005 per square foot of building $299.00 per 1,000 square foot of building $0.005 per square foot of building $1.50 per unit $1.326 per square foot of building $236,952.00 in impact fees would be collected should this project maximize its development potential and build out at 54,000 square feet of office space. There is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. AGE Nlra I~TEM No. DEC I ZOO0 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. 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, mixed use (Planned Unit Development), and commercial development. The subject petition is for a commercial PUD, to allow a maximum of 54,000 square feet of commercial development, illowing uses which are primarily permitted by right in the C-1 through C-4 zoning districts. The southern most parcel will prohibit some of the higher intensity uses of the commercial zoning districts in order to create a "step down" affect in land use intensity from the commercial tract to the north (higher intensity) to through the site to the south (less intensity) to be consistent with the FLUE's Office and Infill Commercial subdistrict. ENVIRONMENTAL ISSUES: This petition was administratively reviewed by staff on behalf of the EAC and for its consistency relationship with the Growth Management Plan. Since the project is less than 10 acres in size, an Environmental Impact Statement and a hearing before the EAC was not required. The appropriate staff stipulations regarding environmental issues have been incorporated into the PUD document. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from Rural Agricultural, "A" to Planned Unit Development "PUD" for commercial land uses. EAC RECOMMENDATION: This petition was not required ~o be heard before the EAC due to its size (less than 10 acres). Environmental staff's recommendations have been incorporated into the PUD document. O£C 1 ooo ""' PLANNING COMMISSION RECOMMENDATION: The Planning Commission heating was held November 16, 2000. At that heating the Planning Commission members voted unanimously to forward the petition to the Board of County Commissioners with a recommendation for approval, subject to staff's stipulations which have been incorporated into the PUD document. 7000 PREPARED BY: ../SUSAN MUPdLAY, AICP t CHIEF PLANNER DATE REVIEWED BY: R!~l~/~l~, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, A1CP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOHN M. DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-2000-15, Edison Village PUD This petition has been tentatively scheduled for the December 12, 2000 Board of County Commissioners Public Hearing. ~o. AT1-4*-- ~ DEC 1 2 2000_J AGENDA ITEM 7-6 MEM()RANDUM TO: FROM: COLLIER COL.~4TY PLANNING COMMISSI()N COMMUNITY DEVELOPMENT & ENVIRON~'IENTAL SER\-ICES DiViSION DATE: OCTOBER 23, 2000 RE: PETITION NO: OWNER/AGENT: PLFD-2000-15 EDISON VILLAGE PUD Agent: ()xvner: Mr. Greg Stuart, AICP Stuart and Associates 2180 West First Street Ft. Myers, FL 33901 And Mr. Bruce Anderson, Esq. Young, van Assenderp, Varnadoe and Anderson 801 Laurel Oak Drive, Suite 300 Naples, FL 34101 Greg Eagle, Trustee 3818 Del Prado Boulevard Cape Coral, FL 33904 REQUESTED ACTION: The Collier County Planning Coinmission consider a request to rezone lmld described herein from its current zoning designation of "A" Rural A~iculturaI, to PUD, Planned Unit Development, for the purposes of developing a commercial development on 7.44 acres of property, by providing for development tracts consisting of a commercial area and preserve areas. GEOGRAPHIC LOCATION: The subject site is Iocaled in Secliori 22, Tox~ nship 50 South. Range 26 East. on side of Collier Boulevard (C.R. 951 )jusl south of its intersection with Raltlesna Hammock Road. l e DEC 1 g 2000 PI_ RPOSE/D£S(?RI PT1ON OF PROJEC'[: ]he applicant proposes to develop the property for a maxinmm of 54,000 square feel of gross leaseable floor area for office and infill conm~ercial uses. This will equate to a maximum of 7.260 square fc, et of gross leaseable floor area per acre. The PUD Master Plan contains a total of two commercial development tracts totaling 5.66 acres, and one additional tracl consisting of preserve/open space, and water management tracts totaling 1.78 acres. The uses permitted by righl are those permitted uses generally found in the C-- l, C-2, C-3 and portions oftlie C-4 zoning districts. Development of the southern most parcel shall be restricted to those uses permitted in the northern parcel, minus fast food restaurants and gasoline service stations, including convenience stores which may or may not sell gasoline, in order to provide a lower intensity transitional area between the residential area to the south and the higher intensity commercial tracts which abut the prqject, to the north. The commercial development tracts will be located adjacent to the sito's 654 feet offi'ontage along Collier Boulevard (C.R. 951). The preserve m'eas are located along the western boundaD' of the site, and will create a natural buffer between the subject site and the abutting school property to the west. The project has access to existing utilities (potable water and sewer). Access to the site will be from Lely Cultural Parkway, approximately 400 feet west of its intersection with Collier Boulevard. The project will interco~mect internally to the Sierra Meadows PUD commercial district to the north. There is no di~?ct access to the site fi'om Collier Boulevard (C.R. 951). SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning district. Su~Tounding: North - Sierra Meadows PUD; undeveloped commercial South - Lely Cullural Parkway; Lely PUD, undeveloped residentiaI tract East - Collier Boulevard (C.R. 951) West - Lely PUD; Lely Elelnentary School GRO~,VTH MANAGEMENT PLAN CONSISTENCY: The subject property is ' ,:ated 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 fanill>,, mulli-family, duplex, mobile home, mixed use (Plmmed Unit Developm commercial development. The subject petition is for a commercial PLY. to allo nqa>Smtm~ of54,000 square feet of commercial development. allowing uses xvhi :h are DEC 1 2 2000 pri~narity permitted by ~'igtn in the C-1 through (;-4 zoning districts. The southen] nios~ parcel will prnhibit some of the higher intensity uses of the con~ncrcial zoning districts in ordt:r to ereale a "step down" affect in land use intensity from the commercial tracl north (higher intensity) to through the site to the south (less inlensily). These are authorized uses oftand in the urban residenlial mixed use designated area of the Future Land Use E]emenl (FLUE), tinder the Office and Infill Commercial subdistrict, therefore. l!ae project can be deemed to be consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Trzmsportation Element - Staff'has reviewed the applicant's Traffic Impact Statement (TI.S). The ITE Trip Generation Manual (5'~' Edition) indicates that the proposed project will generate 4,585 Average Weekdav Trips, with 110 trips in the PM peak hour. The subject site's generated Iraffic does not exceed the significance test standard (5 percent of the LOS "C" design volume) on Collier Boulevard (C.R. 951). The current traffic counts for this segment is 21.261 PSDT and it is operating at LOS "C", which is above its adopted LOS "D" standard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. in addition, this segment of CR-951 is not projected to be deficient at the build-out of'the project. Conversely, Davis Boulevard (SR-84) is cun'entl5 deficient from CR-951 to Radio Road. Since the project trips will not exceed 5 percent of its LOS "C" design volume on this segment, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. hn c:-co~mecti on of projects wherever possible i s encouraged by the Trm~sportation Elen~ent of th~ Growtln Management Plmn. Intcrcomuection at this site with the p, ci ghboring property to the north is possible and the petitioner's Master Plan indicates ti;at will occur at the time of development of the site. Interconnection to the site to the x~ est may be difficult to achieve since the property to the west is developed with an cl.,nt~cntarx' school. The schools bus pick up' drop off area abuts the subject site's western boundary. The subject site has no direct access to or from Collier Boulevard. C)tt3er Appli cable Elem enl .i s ) - Olher applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that itnprovemenls io inlkasti ~;~'ture and/or the extension of available public utilities is rc-quircd, these will be mandated at the time of approval of the required site dex'elopmem plan andor subdividin~ ifnecessa~x, - ! DEC 1 2 zooo 3 1 !1 STORI C/ARCItAEOI ~OGICAI. IMPACT: Starifs analysis indicales that the petitioner's propert5, is located outside an area of Historical and Archaeological probability Map. Therefore, a Historical/Archaeological Stirrer and Assessmen! is no! required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced a: eas of critical concern has reviexved ~i:e subject petition. This primarily includes a review by the Community Development enviromnental and engineering staff, and the Transportation Services Division staff. This petition was administratively reviewed by staff on behalf of the EAC and for its consistency relationship with the Growth Management Plan. Since the project is less than ] 0 acres in size, an Environmental Impact Statement and a hearing before the EAC was not required. The appropriate staff stipulations regarding environmental issues have been incorporated into the PUT) document. ANALYSIS: Staff completed a comprehensive ex ~: uation 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 con~prehensive 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 commenl, 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 crherion 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 summar3? 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 commtmilv's future land use plan, and whether or not a rezoning action would co~sistent wil}~ the Collier County Growth Management Plan in all of its relate elements. Othc~ evaluation consideralions should include an assessment of ade~ 4 uacy of DEC 1 g 2000 transportation infi'astructure, other infrastructure, and compatibility with adjacent land uses, a c,msidcration usually dealt xvifi~ as a faccl of analyzin5 lhe relationship of the rczonmi_'_ aclion to the long range plan for fulure land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to stq~pon a rezoning action advise as folloxvs: Relationship to Future and Existinu Land Uses: A discussion of this relationship, as it applies specificall5, to Collier County's legal basis for ]and use ptamfing, refers lo 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 Grox~lh Management Plan. The petitioner is utilizing the Office and Infill Commercial subdistrict provision of the FLUE, which provides a consistency relationship with the requested commercial PUT) zoning designation and the FLUE. Because the subject property abuts Commercial PUT) zoned lands to the North, it is eligible for a maximum of 12 acres of commercial use under the Office and In-fill Commercial subdistrict of the Growth Management Plan. The site is presently vacant and vegetated. The PC2) document indicates the proposed development plan for the 7.44 +/-acre site is for commercial development on 5.66 acres of the site. The remaining portions of the site, approximalely 1.78 acres will be retained as a preselwe area, water management areas and open space. Commercial development on the site is planned to occur within two (2) development tracts which are located adjacent to Collier Boulevard (C.R. 951). The preserve area will be located along the western side of the site, from north to south. The preserve areas are located adjacent to the Lely Elementary School to the west. The maximum building height is limited to 50 feet for commercial structures. Developmenl of the site will be required to comply with the CounLv's Architectural and Design Guidelines. .(1o,'npatibilitx., - Staff is of the opinion that a rezoning of the subject property to a PUD zoning district is compatible with its surrounding environs. Abutting properties to the north are zoned PUD to allow for commercial uses of similar intensity. The property to the west is zoned PUD, which primarily allows residential land uses, however, the subject sile's preserve area abuts an existing elementary school. The site abuts Collier Boulevard to the east, and Lely Cultural Parkway to the south. The subject site fronts on Collier Bcmlevard, and given the commercial zoning of the abutting propen.,,', is likely unsuitable to be developed for residential land uses. 5 1 2 ooo ! Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5'~' Edition) indicates that the proposed prc:jecl will generated 4,585 Average Weekday Trips, with 110 trips in the PM peak hour. The subject site's generated traffic does not exceed the significance test standard (5 percent of the LOS "C" design volume) on Collier Boulevard (C.R. 951). The current traffic counts for this segrnent are 21.261 PSDT and it is operating at LOS "C", which is above its adopted LOS "D" standard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. In addilion, this segment of CR-951 is not projected to be deficient at the build-out of the project. Conversely, Davis Boulevard (SR-84) is cun'ently deficient from CR-951 to Radio Road. Since the project trips will not exceed 5 percent of its LOS "C" design volume on this segment, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. From a planning and traffic safety standpoint, the proposed northern access point interconnection to the Sierra Meadows PUD and the southern entrance onto Lely Cultural Parkway means there will be no driveway access points onto Collier Boulevard, which will facilitate smooth traffic flow in the area. The final geometO' and design of the access will be reviewed at the time of Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review indicates that approval of this petition is consistent with policies of the Transportation Element. Timina: There are no issues of timing inasmuch as the land is ripening for development as ,,veil as tile entire SmTounding enviropanent. Central public water and sewer will serve the prqiect al tile time of development. Utility Infi'astructure: 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. STAFF RECOMMENDATION: Staff recommends lhat the CCPC forward this petition to the Board of County Commissioners with a reconnnendation for approval, having the effect of rezoning certain lands from Rural Agricultural, "A" to Planned Unit Dex elopn'~enI "PUD" for commercial land uses. 6 AGENDA I~..M- DEC 1 2000 p:._ ~:,q. .. PREPARED BY: , ~USAN MUI~AY. AICP ,'"F' CttlEF PLAN~.'ER ': DATE DATE R/OB E~ /-'-~- __ , AICP PLANNING SERVICES DEPARTMEN'I DIVECTOR DATE APPROVED BY: _ C~iMUNITY DEV. & ENWIRONMENTAL SVCS. DIV. DATE Petition Number: Pb,2)-2000-] 5 Staff Repo~l for November 16, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled lbr the December 12, 2000 BCC meeti ng. L'OLL1ER COL,~TY PLANN~G COMMISSION: ? ) GA }e, y \\ lx AGE. CH A} RPE'R S( )N DEC 1 ~ ZOO0 ' ')N REZONE [INI L GS FOR PETITION PUD-2000-15 Section 2.7.2.5. of the Collier County Land Development Code requires that lhe repor! and recommendations of the Plmming Commission to the Board of Courtly Commissioners shall show that the Plmming Commission has studied mad 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 Managemen! Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with tile Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies, specifically the proposed developmeni complies with the Office and Infil] Commercial subdistricl of the FLUE. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject 7.44 acre site is cun'entlv vacant. It has 650 feet of fi'ontage on {- · _ o;l~c~ Boulevard (C.R. 951 ) and is approximately 523 feet deep. Sn~';'ounding: North: The property to the north is zoned "PUD" and allows co~nmercial development similar in intensity to those uses permitted by right in the C-4 zoning district. South: Tile site abuts Lely Cultural Parkway to the south. Further south is an undeveloped residential portion of the Lely PUD. East: 7i,lz site abuts Collier Boulevard (C.R. 951) to the east. West: The property to the west, is zoned Lely PUD, and is developed wilh an elementary school. DEC 1 g 2:000 o Summary Findinz~ The proposed rezoning and subsequent use of the property for a ~ctail commercial development is compatible with the neighborir~g property to lhe north, which is zoned for commercial land uses. The Collier Boulevard right-of-way and Lely Cultura! Parkway right-of-way provide a buffer between the subject site and properties to the south and east. The conservation/preservation area to the west provides a buffer area between the subjcct sil¢ and the elementar)' school. 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 thal it will nol result in an isolated generic zoning district unrelated to adjacent and nearby districts. The adjacent property to the north is zoned PUD and allows for co~rmaercial development. The parcel as it is cun'ently zoned, Agricultural, is an isolated zoning district relative to, surrounding properties. A rezoning action to PUD will alleviate the sitds current isolated district status under its cun'ent Agricultural zoning designation m~d will serve as a transitional land use between the PUD to the north and the residential property to the south, across Lely Cultural Parkway. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Cou: Evaluation not applicable. Summarx Findings: The district boundaries are logicall)' drawn and thex are consistent with 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 Officc and lnfill subdistrict provision of the FLUE. X\'hether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findi~f-s' The proposed zoninz chanoe is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMI) presently remains consistent. \Vhethcr the proposed chan,ge ~'ill adversely inllnence living conditit~ the neighborhood; 9 I~o. 1'24-t-. DEC 1 g 2000 i t::} e~ ._.~. A rezoning action that is consistent with a community's comprehensive master plan is a statement that acka~owledges 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 the propert), to the south, and nearby commercially zoned and developed properties. 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 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 types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with the provisions of the Transportation Element of the GMP, therefore traffic intensity should not adversely affect the coinfort and safety of existing users on adjacent public roads. Con: Nolle. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statemenl 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. 10 DEC i 2000 Summary Findings: Evcq,.' project approved in Collier County involving the utilization of land ibm' sonic land use activity is scrutinized and required to mitigale alJ sarface drainage generated by developmental activities as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the Count), is required to react through its Concurrency Management System. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation nol applic:tDle. 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 requiremere, corridor management provisions, etc.) and 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 properU~ values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findings: This is a subjective determination based upon amicipa~ed 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 detenmnation 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. \\'hether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation nol applicable. 11 2000 Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zo~fing will not result in a deterfence to improvement or development of adjacent property. Surrounding properties which are developed appear to be in a well-maintained condition. 12. 13. 14. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Finding: The subject properly can be developed in accordance with the existing zoning, however to do so would den)' 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 Elemen! of the Comprehensive Plan. Xg'hether the change requested is out of scale with the needs of the neighborhood or the CounD'; P ro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has cvalualed the scale, density and intensity of lined uses deemed to be acceptable for th: site. 12 DEC 1 ooo 15. XYhether it is impossible to find other adequate sites in the County for the proposed use in districls ah'eady permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: The County has limited number of sites that can m¢:t the criteria in order to make then] digiNc for a rczoning to allow commercial land uses under the Office and lnfill Commercial subdistrict. Additionally, the GMP limits the total acreage eligible to use this provision to a total of 250 acres countywide. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zo 3ing are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extem 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 cun'ently undeveloped. The normal disruption of properly attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activily will be required to prepare the site. 17. The impact of developmen! on the availability of adequate public facilities and services consistent ~'ith the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. 13 DEC 1 FINDINGS FOR PUD PUD-2000-15 Scotion 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Comn:ission to make a findins as to the PC,T) Master Plan's compliance with the £ollowing crileria: The suitability of the area for the type and pattern of development proposed in relation to physicM characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject site is located adjacent to commercially zoned property to the north and has double frontage on both an arlerial and collector roadway. Direct access to the site will not be taken fi'om C.R. 951. (it) The subsequent development of the site will provide a logical decrease in intensity of uses from the Commercial PUD zoned properties to the north and the residential PUT) across Lely Cultural Parkway to the south. Con: {i} None. Findin,,' Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property'. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to lhe Board of County Commissioners as conditions of approval by staff and tile CCPC. 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: Ex alualion not applicable. Finding: Documents submitted with the application provide evidenc unified control. The PUD document makes appropriate pr for continuing operation and maintenance of common area 14 ,visions DEC 1 2 2000 Cont'ormil~' of lhe proposed Planned Unit I)evelopmen~ ~ith the goals, objectives and policies of the Gro~vth Managemen! Plan. Pro/Con: Evaluation not applicable. Fin din,~: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The project is utilizing the Office and lnfill Commercial Subdistrict of the GMP. The project meets the requiremenls of the Office and Infill subdistrict, therefore can be considered in compliance with the GMP. o 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 desiganed to optimize internal land use relationships. External relationships are regulaled b) the Land Development Code to help assure hamaonious relationships between projects, The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding_: The amount of open space set aside by ~his projecl is consistcn! with the provisions of the Land Development Code. The tinting or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. fro/Con: Ev:,:1uation not applicable. 15 DEC 1 2 2000 Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensurin.g that fircure LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Finding: Evaluation not applicable. 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. 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: Finding: Evaluation not applicable. This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fi-orn development standards that would be required for the mos! similar conventional zoning district. The development standards in this PUD are similar to those standards used for similar commercial structures. 16 AOENDA kTEM DEC 1 2OOO APt'!.t( ?I!ON F(tR PL BLI(~ HEARING FOR: P['D Date Pe;idon Received: {_ (!Ifil'Ill?,; Oil I )1STii ,31' Address; c.o OreeEo~;~ Tmstee3giS-'~'---4,' ~.',-~ 4 }'!"_ b -',,'I N)', I.~ )F, PU}iL]m }-iEAP. I";(; FiSR P!.'l) REZ( )x.T - i' .x,( N. ~' "DEO 1 2 2000 I)isclosure of Interest Information: lfthe propert),' is o'~vned fee simple by an IN~DIV1DU/~L, tenancy' by the endreD', tenancy m common, orjomt tena:~cy: ]ist al! parties with an ownership interest a< well ~ the percentage of such imerest. !'Use additional sheets if necessary,). Name and Address Percemage of Ox~q~ership Name and .Address. and Office Percemage of' Stock ~a~,~e and Address Nantes Land Tr~s~ See A,~=,'hed Cm.-~,~ers List Percentage of Imeres~ I OOqo FOR PUBI. I( HTE.-~,J:'.[NC FOR P~T) REZONE .Slmi PAGE AGENDAJTEM DEC 1 ~ 2000 · ,, p.~. D~ If0:e ?r,:,pen)' is in the name ofa GENER.M_ or I PvlFFE!3 PARTNERSHIP~ list the genera[ m'M'~!r limited pm~ner~ Percenla~e of' Ox~ership If there is a CONTRACT FOR PURCHASE. vdth an individual or indixidual~. a ~ ~. ,~. or a Pal!ner~hh3. Hst the names off the ccmu'act am'chasers below ~ ~,~ e~T~c~rS. s~ockholders. be~eT~c~aries. or pa~ers Percentage of Ownershi? Date of Contract: !f any sonringer, c:: ciau.~e ov conwact ten:ns invoive additional pame5. iis~ all mdividuai~ ev }Tame and z. ddress leased ( ~: Tenu of lease ,.7 mos. iJl Pcrn'iener ha~ ,?t:c,r.. u~, bux. indicate date of option: ie!]illllales: . Ol- ~mcit-)at~d c!os111~_-~ date ~d daie or, den Alq'{ i~ 4'i~c~!4 Fc)}.~ Pl;Bl.i( NF..4~ING FO~. P!YD REZ(PCE -5 u~ DEC 1 2000 Should any cimnEes of ov,~ership or changes in contracts for purchase occur .~:.ub.:.cquent to the date of application. bu~ prior ~o the date of t'n~~ final pubIic i~ is ~he responsibiliW or,he applicanL or a~en~ on his behalF, to subrail ::~ ~u?lemcnta] d~sc~o~t~e of ~m~ei'est form. Detailed legal description of the property covered by the nr}pli, 'finn; (1£ space is inadequate, w.'~ach on separn!e page.) If request invoh. es change to more than one zoning distdcL include separate legal dose:tipton Ibr prope~' invoh'ed in each dismet. Applicant shall submit fbur col> e:~ of 3 recent smwe,. ~comlqeted within the los! six months. maximum I "t<~ nO0' scale) required 1o do snm the pre-appiication meeting. N()IE: The app!icant is responsible for supplying the con'act legal description. If questions arSse cc,~qceriq~nu the leza] description, an eaumeet> ce:xificadon or ~ea ed sur,'ev may be Fezdon; 22 Tov, m~hip,: '~0S Range: [ oi: Black" PJat Book: ~ .... SubdixSsion' Prope:Ty I.D.#: 502022 010.0f)05t322 Metes & Bounds Descripplon: THE NORTHEAS'I QU,ARTER (NE '.~t OF THE %OL;THE4ST SOL;TH. RANGE2dE~NT, COLLIER COtUgTh' FLOR~A LESS ST~,[ ROAD Sb, e of properU-: armro'c 5 ! $.64-F[. >: apprnx 654 14-,q. = Total $q Ft. \eros 7 2.4 .,- Address/o, enernl Incadon of subject nropert~': Located xxnhm the souU~west ~uada'm~t of the CR 951 m~d Ratlie.snake Haxmnock Road immediately adioininz ,.he south border of Activity Comer =, ~d the n,-,nh ,~,.,~-:f wa,' ef -~ · Cuhural Parkway. Collier County. FI -Mtiacen~ zonin~ and land use: La_nd IZse Sierra Nleado',x s Pr.'D - Commercial 'i'tact: k~ixcd Use .-Xctivim Contee' =7 Lely Cultre'v2 P'.u'kwa\- and Lely Reso~x \'acap, i .-\~,_r/cuhu., e and ~ITF. V (Cuunu-x Czun,~:in'_' b', V [-,I v>727. >i Urban Residen?.iai Fnn~e u e~ , Elementre-\. School and ,_- & ~,c,n C onm~.,anit,~ ._. u h. == ,ubiic insrimnons: Mixed tse t;rb~ Residential AGENDA 2000 1),7,e5 the owne~ of tile >qDnect properr5' own p;openy contiguous 1o the subject prope:ty'? If ~nve ccm~ptete legal description of enllre conligu(-)u, prope~%. (If space is inadequme. at)ach separate pa~e 5. . ,~ 7'ox~n~slVp 50 S Ran,,c' 2t5 E Block Subdi':ision' ~,~etes & Bounds Descnpnon: The North me-half ,-c: t'"; of the North one-half (9-q,2), excent the Northwest qum~er (NW-:~ of the No~hx~-est qua~er (NW-:i; and road right-of-way and less the Westerly Rezone Request: This aoNication is reouesfina to fezone the 74 acre +:- ~arcel fi',7, m A,z_'.'icnlm. re !o Plapmed LTmt Development .'Une req~ms? is based upon the O~n2ce m~d InftU ( oremercia! Sub-dis,,'-~,c~ z3~1 cx to oen',m similar comme~'cia infiii uses on the ~ubiec.'_ 9rooe~v P:'esent [lie of the Vacam vdth an expired Churci~ Special Exception Proposed 1/se (or ran~e of uses) of d~e propen).:: To vemqb a maximum 5Z.00u sc~.~k of comme:'cial (--2. C-3 & limited C-4 toods and F~,'aluation ¢'rilerin' Pu~.u:mt ~o Section '~ ,'7 ? 4 and Sec > ~ x ~ ~ of the Collier Countx' Land ~.,v~,~?,~m c,-,,-l~ ~,~t~"~ ~n~Jvd~ and ,',~,-omme,~datlo,~ to the Plannin2 Commis.~ion_ ~n,~ the ~)~ ' - Commission's recommendation to the Board of Count' Commissioners shall be based m3on c'onsider:!lJot~ of t!-,,- ~*,',,qicab!e c,-;tona noted below. Provide a narrative statement describing the fezone requesz txith specific reference ro the criteria holed be13~v include any ( 'on,,'idcrarion ¥ Reoo~ PAGF .~ A(~ENDAIrEM NO. EC 1 2 2000 B'/w~hcr cxixtin,~" drwmcr/>oundaric.~ ore i//o.~Zca//) dr~rn ~ :/~ether chan,~ed or chan,~nnX cond;'tzon.~ make lhc (. lfTwIher fl~c ]~rnp~xed chan.~e ~ri/[ a~erse/y ng]uence ll~'i~ IVhefl~er the proposed chan,~c ~r~/] create or exce.~xive])' increase traffic congestzon ,~.'pe.~ oFlra~c deeme~! incompalible with ~su~ounding land uses, because : }. ~'~e[]~ei' lhc pr~poxed cidtuLle ~v~//he a delerren[ a~j'c~cen~ praiser0 in accordance ~vlth exi.wing ~_~. ~"J~ethcr l]'~crc ~rc ,¥uhszanz~a/ .ca~'on.¥ why ] 4. H'hcd~er the ch~.~n~%e .~:,,~¢.wcd i.~' oul ~/'xco/e ] ( Ti~, p/t~,wc'o/chr~roczorzs[tc.~ oJ'lhc pro~er,~' ond roffuu?d ~o ~,,a~-e zhc ,',,,p~,,r~ ' u.~cd~!e 5~r pro foxed zonm,c~ AP?l_.it '~,'I'I()N FOR PL'BLIC }tEARINC; FOR PU1) REZON- -5t9§ P&GE I'~[ 12 DEC 1 2 zooo PL ' l).Rc:.on c Conxiderations_(l. DC..h'ectirm 2, 7. i2, 5i and c.vlvr,u(~/ .( ?He' odCGHclCV O*';LW7,~/'O o,l?,C~; 5]¥h?,? ,':l'Ods H? &VI,~'ICI?CC o'~-h?' 05 ?FO?~Cc7' IO rt:m'd 7 OF 12 ' - DEC 1 g 2000 10. 11. Deed Restrictions: The CounD' is legally precluded fi'orn enforcing deed restrictions, however, many ccmmmnities have adopted such resngctions. You may wish to contact the civic or propefT ox~,mers association in the area for which this use is beir, g requested in order to ascertain whelher or nol the requ~t is affected by existing deed r~trictions. - 7qo Deed Resngctions are in *.:!ace that hinder the requested PUD use. Previous land use petitions on th.e.,, subject propers': To your knowledge, has a public hearin9_ been held on this prope~' wid:in the last year? If so. w~mt wa_s the natme ,:.,f that hearing? -N~ Pubic Heariw2 has been held re=ardino this propert',' within the last year. Additional Submittal requirements: In addition to this completed application, the follow4ng shah be submiued in order for x:our application ~o be demned sufficient. unless othervalse waived during the pre-applicafion meeting. A copy of the pre-application meeting notes: -- A Pre-aoplication meetin,_, was held 2 June 1099 at 10.c)0 A\.,' wi.fi~ Susa,.: \,!urrav and other Staff Refer to a~ached co,.Tes~>ondence lfttnis fezone is being requested for a specific use, provide fifteen (1~; copies of a 24" ~ 36" conceptual ~,~ plan [and one reduced : x 1 c. opv of site o[an]. to a maximum sca]e of t inch equals 400 feet, depicting the following [Additional copies of the plan max be requested upon pomp!etlon of staff evaluation for diswibmion 1o the Board and various advisorF' boards such as the Environmental Ad,. isor:. Board (~A~'n or CCPC: -- S:_~e A~ached · all existing and proposed structures and the dimensions thereof; · provisions fi:,~' existing and."or pro. posed ingress and egress (including pedesnqzm ingress and egress to lhe sire and the sm~crare~ s ) on site.), · all ~,.i<tmo and:or proposed pm'kip.~ ~,~d !oadino a,'~*~< [include matrix indicamm required and proxgded parking and loading, including required parking for the disabled. required yards. ooen space and prea'er,-e areas. proposed locauons ~r u~iines "' ,as xxeil as location ofex~sfin2 utiliT sewices ro the s ite ~. · propc)sed and,.'or exisnng landscaping. and buffering as may be required by the CounT, ~ An architectural rendering of any wo nqed sn-ucmres. - To be qubmitted at c,r,~ >m_,. An Environmental lmpact Statement [ELS). as required by Section 3.8 of the Land Development Code ,q D C'~ or a reauc:~t for winvet ifapnropriate ~ proiect is exemor from filing based u~c:n 3 8~ or,he Count- Land Develomnem Code 2..r,PLIC ~,TION FOR PUBLIC HT. ARING FOR PLT} RE2' ONT - P~GES AI~EHDA IJEM DEC 1 2 2000 ¥~'hetlqe~ or not an ElS is required, two copies ofa recem aerial pho~ograph, (taken within the p:evious twe[x c months'>. mb'~hnum scale of one inch equals 400 feel shall be submined Said ae~(al shall idens~,' plant and/o'; v.-ildlit~ habitats and ~heir boundaries. Such identification shall be consistent wiH~ } lotida Depm~nent of Transportation Lm~d 15se Cove: and Fom~s Classification System. Additionally, a calculation of the acreage (or square tbet) ofnatix. e x:egetadon on site. by area and a catculmion m~d locmionis) of the required port/on of native vegetation to be presewed per LDC Section 3.95.5.4). - See Enclosed Passstella and .5. ssocia!es 21 July Edison Villa2e Memo with auachments and the20 Jnlx 5FWN~ Jurisdictional Determination Memo with anachments. Statement ofutiliu' provisions (whb all required attachments an¢ sketches); -- See Enclosed A Traffic Impact Statement q-iS). unless 'o' -=q -- _ xx .~x .u at the pre-application meeting7 See Enclosed ',.tet:'o Tr~snc~:'ta~i 3:: G:'ou:> 75 historical and archeolozicai su:-,'ev or waiver application ifproperb,' is located within an ............................... p~ona} ~]r> {'as idennfied m Preapplication meetre2}: - ~ n~1o. ~a .~,~,.' a~d ~ssc, cSa~es DixSsion of State His!odcal Resources Any additionaJ requirements as may be applicable to specific conditional uses and identified dunn2 the p,.'e-appticadon meetin2. includin2 but not limi,~ed to any ~-oa~,ir~,4 sm~e o~ feder~d pen-nits. - NA AF'I .',.1( ~] U3'< FOb! PI;BLIC JtEARL'~(; F,')R PUD REZO?,T - PAt~E AGENDA ITEM DEC 1 2000 ._._.=._3./ S'I'.\TEMENT OF 17I'ILITY PR()\'ISIONS FOR Pt!D REZONE REQI !EST N.~ME OF APPLICANT: Land 'I'mst Naples MAH.ING .ADDRESS: c./o. Gre,2 Ea~le. 3818 Del Prado B!vd CITY Cape Coral STATE FL ZIP 33004 ADDRESS OF SUBJE('T PROPERTY ('IF AVNILABLE): Not Available 4. LEGAL DESCRIPTION: -- THE NORTHEAST QU,~.TER CN-E 1,,a} OF THE SOUTt-iEAST SOUTH. RANGE 26 EA5 I'. COLLIER ('()UNTY. FLORLDA LESS STATE ROAD RIGHT-O£-WAY Section: 22 Township: Lot: Block: Plat Book: __ Page ~: Range: Subdivision: ProperD' Ii) # 502622 016.0005B22 ~letes & Bounds Description: See keca] Description ThqaE OF SEhVAGE DISPOSAL TO BE PROX'TDED (Check applicable system): a. COUNTY UTLL1TY SYSTEM - b. CITY UTILITY SYSTEM FRANCH!,'SED ['I'lLI'll5 S~'S'I'EN1 PROVIDE d. PACKAGE IREAT~iE_q PLANi (GI'D capacid> ) Ix] 11 T'~'PE OF \\'ATER SERVICE TO BE PROVIDED: a. CC)ISNTY I_~TIIATY SYSTEM b. ('iT~' UTILITY SYSTEM FRANCHISED [;'I'iLI'FY SYSTEM PROVIDE NAME d. PACKAGE TB~ATMEN~ PLA~i e. PRIVATE SYSTEM Ix! at!'}'!.lC:qTION FO}~ PI_SBL1C I4-T~ARING FOR PLT) s 10. 'I O'l-/t !. I'OPIq.ATION TO BE SER\"EI): NA PEAK AND AVERAGE DAILY DEMANDS- For 54.000 SF GLA Commercial Uses A. ~V.&I}ER,PEAK 11540 GPD A~EERAGEDAII.Y 7644 GPD B. SEXiER-PEAK 8190 GPD AVERAGE DAH. 5" 54600 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAl. WATER SYSTEM, PLEASE PRO~,TDE THE DATE SERVICE IS EXPECTED TO BE REQI71RED: 6"2~)(~ 1 N *,RR&T1VE ST.&TE~IENT: Provide a brief and concise hawafire statement and schematic ,Jrawin.¢ of s,2~a54e treatmen[ proce~. to be used ~s well as a specific statement re~ard;,n~ the mefi:od of afiiuem and sludge disposal. lf percoiadon ponds are to be used, then perco~afion data · Re~kr ro the P!.YD Master Plan' dae ~ro~ec~ will be se~'iced by Collier Count' ,:.:Niifies cereal 11. COLLIER COUNTY UTILITY DEDIC-XTION STATEMENT: If the project is located widdn the se~'ices t~ound~i~ or COllier Coun~"s u6!iw se~Sce sv~re, n x~n notaHzed statement shall be provided a~eeing to dedicate to Collier CounU' Ufilides the water dismbufion a,,d ~o,x-aoa co!!ecHon facilltio~ wit,ip ,l,o m-oiect area mmn completion of the consmJctk'm of these fadlines in accordance with all applicabie Counb' ordinances in effec~ at the at nine. This <;~cment droll also in,-lud~ an ~{II'PPI~lPTIl that the a~licable system developmere char~es and connection fees will be paid to tBe Counw UhliNes Division prior to the issuance o~ buildin~ dedicate the appropriate u~iiP.' easements tbr <e~-ino the water and sewer ~'slem< STATEMENT OF A\'ALLABILITY CAPACITY FROM OTHER PROVIDERS: Lnless wah'ed ~,,-,:,d~.,.~'..',vise ~rovided 12,,- at t~,o are-az, ulication ,,,eetmo if the ,~r,%i~?* s,:,.,.e, nr ,,'.,-,tai, le water ;er.d:e~. fi',:;m any provsder offlet than the Count'. a statement ~O113 that APPLICATION FOR PUBLIC HE.ARING FOR PUD REZONE- 5i98 PAGE o PUD REZO N'E APPLICATI O N CHECKLIST Till S COMPI.ETEI) CItECKL1S'I- IS TO BE SUBS'HTTED YVlTH APPLICATION PA( KET! Completed Application Parreefs if a Corporation # OF COPIES REQUIRED 15 See Enclesed Sin: Enck, scd Pre-applicadon holes/minutes 15 Concevmal Site Plans J5 Environmental ~pact Statement- (ELS) 4 &eriM Pho~,mr.~ph - (~ith habh~t areas idenfi6ed} 4 attachments and sketches ~ Iiisrorical & Archaeological Sum'ey or ~:aix:er 4 _[ ppJicaii~.m (_'()pies of ~¢ale and/or lCederal Peruils 4 X rchi~ecmrai Renderin~ of Proposed S~ucmre(s} 4 NOI REQ.UIR FD co~esl:,ond :nc: See Enclosed See Enclos~ ApplJcath)n Fee, Check shall be made payable to 4 So: .:~uacnca (~.:!!ie;' (.'m~n.w Board o£Comm}ssiouers Other R.,quircments .... ' ¢~g at::hcrJzed agent/applicant :'or this petition. i a~e_~ that all of the inibrmafion indicated on tbhs checklist is this submittal package. ! understand tha~ fa:2ure m include all necessa:w s. n,n,a. informztion may ......... 1,~, or'process this setw. on / / A_e.~t.'Ar...~Jcani Signature -. / The Edison Village PUD Zoning Criteria Report F AGENDA ,ITEM DEC 1 ~ 2000 Edison Village Standard Rezoning Evaluation Criteria Whether the proposed change wil! be con,'istent with the goal& objectives, and policie.~' and fi~ture u_~e m~£ ,~nd the elements of the growth management plan. The request to fezone a 7.4-acre -~/- parcel from Agriculture to Commercial Pla,,med Uni~ De':etopment is consistent with the Collier County Grov, xh Management Plan's Office and Infill Commercial Sub-district policy. The 7.4-acre site is located at the north west corner of Lely Cultural Boulevard and County Road 951. The Sierra Meadows PUD and Activity Center .~;7 form the requested PL.rD's north boundary. Lely Elementari,' School and Edison Connnurfiu, College adjoin the west boundary, Lely Cultural Boulevard ;,s to the irrm~ediate south and CR 95 t adjoins the east boundary. From an assessment of the Office and Infitl Commercial sub-district policy, the requested Edison Village PUD will be eligible for inY'~11 commercial land uses. This is so for a number of reasons. The project abuts the CR 951 arterial and is under the 12-acre threshold. It adjoins the Sierra Meadow Mixed Use Commercial tract on one boundary and educational~ institutional use on another. The remaining two sides are bounded by a collector and an arterial roadway. The depth of the property does not exceed the depth of the abutting Sierra Meadows parcel's commercial component. Use will be similar to the Sierra Meadows PUD. Central water and sewer are in place to service the property. Finally, the proposed PUD will not present any compatibility problems with adjoining or surrounding land uses and will be internally compatible with the Sierra Meadows *Iixed Use. PUD The existing la~d use Fatterns. The project is consistent and compatible with surrounding land-use patterns. To the south one finds a maior public collector road and then vacant and developed parcels for the Lely Mixed Use Development Of Regional Impact. On finds significant public educational facilities including Edison Coremre'fiD' College arid Elementarx; School irmnwdiately to the west. It is important to note that public faciliu? institutional uses are compatible with ~ypical commercial uses. This is so in that these U'pes of non-residenrial uses are not subject to traditional residential/commercial compatibiliu.' concerns (noise~ lighting, traffic, etc.). To the north one finds the Sierra Meadows PUD within Activity. Cemer #7. The Sierra Meadows project's 300 multi-family dwelling units and 260,000 sq.ft. of mixed-use commercial goods and serw'ices will be compatible vdth Edison Village's requested 54,000 sq.2. of office and retail cornmercial goods and ser~'ices. The possible creation of an iso~'awt] disvric~ zmreJated ~o adjacent and nearby disrri~ The Edison Villane PUD does no~ create an isolated district that is rotrelated and nearby districts. Ttzis is so for a number of reasons. Firsl, the office infi]1 project ad~loins Activity Center .~7. This Activity Center is characteriz, '-J']l~' Fdi ,,-,x ~. lIla~,~ PIPD Zonin[~ Criteria Report anav ofconLmercial uses allox~ed by rite Growth Management Plma. Tlxough the Sierra Meadows PUD, these uses have been detemiined b7 the Com:tv to be appropriate at that location. Furthermore. as noted in the response to question #2, the project is surfore, deal b7 public educational institutions to the west, the Lely Resort mixed-use Development oi' Regional Impact to the south. and expected mixed use commercial and residential developments to the east. Based upon these facts the prqject will not create an isolated and urn'elated district. existing district boundaries are illogicall3: drmcn in relation to existing condRions on tt:o ?'o?osed change. Using line Mixed-use Activity Center #7 boundary and the CR 951 and Lely Cultural Blvd. Right-of-wa.v, the project's botmdaries are logicall7 drawn. :i ~ lVl~o zhe,,' cha~g~d or c?l~at;g."n~, condizions make [he passage qf tho .t~ro£ozed amendt:~t?t:[ frezc,,~c,. The subject prope,'ty is located within the South Naples Planning Communiv<. Groxxph and development trends within the community and alon~- the CR 951 corridor makes passage of the requested commercial zoning appropriate and necessary. As c~ be expected with any south Florida coastal comdor, CR 951 is experiencing rapid residen!ial development. Such CR 9~ 1 corridor residential growth is expected given the accessibility to coastal recreational and resort areas. The Edison Village Office and Commercial lnfill PUD will contribute to required professional and commercial goods and services appropriate to CR 951 corridor needs. H~?ed~er d~e 12ro?os~.d ohorage will c~dwrse.;v ittfiuence living conditions in zhe neigb. bcrhood The pro)~ct will not adversely influence sm~ounding neighborhood conditions. The projec: is being develo?ed in a manner consistent with the adjoining mixed-use activib center I',md uses along with the signalized arterial road collector road intersection. As idemiEed in the responses to questions one and two. no residential developments irnnnediatetv border the 7.4-acre site. Consequently: based upon land use pa?ems and consistency with the Collier Co. FLUM, the arnendment does not present an7 negative nei~tnborhood health sa£etv and welfare impacts. = 7 ~'I'hethor the pro£v.sod o?:onge will cry, ate or e3'cezsi~'el~ increose trico cong~tio~: or oreore C,.?c:: Qf ~'ehic~dor n'q~Jc. inch~ding acrid,in' during consn'uction phazes o:'tJ~e develoFmen[, or od~eru'iso The Edison \ ~lla~ amendmen1 will not excessively increase traffic cong ,::,the~,ise affect pt,,171ic safety. Refer to Se::thwes~ Tr~lsponation Engine ...... =n,c,~ Ic:,r detai]ed exa;ninafion oftrafi:,c i~sues. Edison Village PUD Zoning Criteria Report the t.v'opv~ed chcmgc, ~il! create o dr~w~age problem. The Edison Village PUT) will not create a drainage problem. ,Ks of this date, it is envisioned that the project will be designed to discharge post-treated stormwater at 7.7 CFS using existing 12-ft. and 20-ft. drainage easements. Using current County and SFWMD permitting design criteria, post-development water volume and qualiD' will be equal to or below pre-development rates. It is estimated that the project's control elevation will be at 9~ft. with a receiving body maintain water level at 7-ft.. Finally, the water quality volume will be provided in shallow retention swales with the bottom elevation of 10 feet and an overflow elevation of 11 feet. the proposed ch,:nge will seriously reduce light and air to adjacent areas. The requested PUD Office and Commercial Infill zoning will not reduce light and air to adjacent areas. This fact is based upon its arterial road and collector road signalized intersect/on location. ~ i t} H7wther the proposed change wiil seriously affectpro?erO' values in the adjacent area. By conforming to the Collier County Growth Management Plaza Office and Commercial Infill Subdistrict, it is inherent that the Edison Village amendment will not be a detriment to property values in the adjacent area. In fact, the project will advance land values of adjoining educational and con'anercia! uses, = 1 1 HV~ether the Froposed change will be a deterrent to the im£rovement or development ofaq'/acem ];,'~9,crO' in accordance with existing regulations. ]'he Edison Village mixed-use PUD will be in conformance with the Collier Count)' Growth Management Plan. The project aligns its access connection with the north Sierra ?,leadaws PUD project. Thus~ the proposed mnendment will not be a deterrent to adjoining property improvements. he:her the Fro?o~ed change ~viJ] cunstitu:~ ~ ~'ant of spccial privilege to an individua! owm:r with the public ~¥e!fare. The requested zoning complies with the Office and Commercial Infill development location criteria· Therefore no special ~ant of privilege will be conveyed by the amendment. [tT~ether there are subst~mtial reasonJ why the pro~erO' cannot be reed in accordance with zoning. The Collier Count>' Comprehensive Pkm designates the parcel for urbaza Agricultural uses are not envisioned for the site. The property is consistent commercial infill development standards. Given the small size that constra residential development due to dwelling unit Iimitmions, along with it's int, '! '~. 5 ,!Zs.~n Vi]laoe PI.'D Zonint: ('riteria Report ],.,cation anti associated n,4sc and u'affic impacts, residential uses ca,mot be reasonabl'~ c':q-,cc~cd at the subject t,,caiion. out o. f scale with fi~e need~ of the ~Teighborhood or the The reques,'ed amendmen'. is not out of scale with the needs of the neighborhoods or the counw, Refer to responses to Questions 1 "m~d s. At 179.8 development coverage, the p.:'c:iect will not be ' -,~'-<.= and will contribute to the growing demand for professiona! services and commercial goods for the CR 951 coastal corridor community. ,~ ] 5 lW?c[,ber i[ is im£oszib,~e [o find o[her adequate sites in the couno for the proposed use in The Edison Village PUD is inherentlF' a commercial infill site brought about by its consistency with infil] sile location comprehensive plan standards. size. intersection location and neighboring activity center. ConsequentIF', the question is not germane. = ! ~; 7he physical c/~oracterisrmz of the pro?erO' a~,'d the deg?ee off, ire ~lterafio~ which re~]tdrcd to m~/ce the ?'o?erO' zixab/c.for ~my o. f tlte range of ?ole~tia/ use.~ under the pro?osed The property is well suited for the requested PUD because it contains no community or re,~ional flow ways. no high quality onsite or interconnected wetland systems and no protected species. Its small size supports economic and efficient development. o.£Jeve,~opme~,,[ ot~ the m,aiiabilio.' of adequate jpz~bEc faciEdes and se~;ice~ ofise~?ic'c ador:[e~ i~7 the Collier Count' ~owrh management Rla~ and as deE, czi the Collier CozmO' .4dequ,~te Pu.blic Fc~cilities Oraltommee [Code oh. 106. ur: ]lJ. 1-,'..elkr to the Applications Utility Sea'ice Availabilib' letters and Traffic Impact Stalemerit. The requested amendment is consistent with Collier Count5,' Growth Management level of sea'ices and has adequate public facilities to se,wice ~e residenUa] and commercial develo?ment project. = ! 8 &~c'h orherJbctor~. szm,'~'m,'dr. or crheria etna.t the board ofcow~O' commfsxio~er.~ :,~.; c.?.,'~;,,, i~,, ~he £ro~ectio~ ct/'the ?z~b.,'ic h~'~v]r]~. sc?o'. and welfare. By supporting ihe co':unercia! infil] project and uses, the county will reduce b~ 22 to the number of reside~:tJa! units permitqed under the Growth Management Plan. This will serve to lessen the demand for educational and residential fire, health and safet5' services. while t'enerate greater properf.,' tax revenues brought aborn by con:Lmercial assessments. These additional tax re"enues may then be used to support vaz'ious public se: '.'k m~2,t DEC 1 000 Edison Village PUD Zoozing Criteria Report Edison Village PUD Zoning Evaluation Criteria' -~ 1,The suitability eft area for the 0Toe and pattern of develojmient t~rol)osed i~l relation ~o .p[O.'sical characteris,'ics of the land, surrounding area& traffic and access, draim'~ge, se~'er, water, a~:d other The request for commercial infill PUD zoning is consistent with the site and its surrounding area. The master plan calls for no direct access onto CR 951. Access connections will be a direct co~mection onto Lely Cultural Blvd. and through the Sierra Meadows PUD reverse frontage street. All drainage will be detained and retained on site. with post development volume and qualiD' to equal pre-development rates. No drainage flow ways are found onsize. Full utiliu' sea, ice will be available. As noted in responses ~o General Evaluation Criteria questions 2,6,7,8, & 17, the request is suitable to the site it's surrounding nei?~borhood and is well related to the conditions at hand. This fact is especially germane given the public institutional educational uses found along its westen~ boundary. # 2. Adequacy of evidence ofw~ified control andsuitabilio.' ofanjioroposed agreements, conrracz, or ot/~er i~2struments. or for amenciments in those proposed, ]2articuIarly as the3.' m~, relate to arrangemeres or provisio~s to be made for the continuing operation a~d maintenance of such areas ,~J~e,'fac'itities that are ~o~ ~o be £ro~:ided or maintained at fiublic exloe~se. Findings and recommendations of this ~Tpe shall be made on/3, after conszdtation ¥~ith the counO: attorney, At this point in time, the Applicant has not developed and recorded SFWMD required Ownership Association instruments, such as and including maintenance Covenants and Reswictions. These documents will be developed to guide long term maintenance and operation of the interest private roadway, conservation area and water management system. These documents will be submitted for approval at the time for SFA,%iD permitting. = _~. Co~tzbrmiO' ofti~e pro?osed P UD u'ith the goals. objectives andl?oiicies q~*the As noted within General Evaluation Criteria question #1, the project is consistent with the Collier County Growth Management Plan's Office and Conunercial Infill subdistrict. The project complies with key comprehensive plan goals, objectives and standards. This thetot is especially germane given the following criteria. The expanded commercial intensiu' is to meet expanded demand for professional services and con~nercial goods brought about by ongoing CR 951 residential development trends. The requested development intensity of 7.258 sq~ acre is well below the standard conzmerc~ial intensity of 10,000 square Infi'asn~cture capacity and roadway lev,,l of service is projected to ren' The prQiect is compatible with adjoining properties, including public facilities found along its west boundary. eet per n~.~. sin =ood. 2000 The Ediscm \.qllap. e PLiD Zonin~ Critcria Report The property does not contain significant natural systems, habitat or man-made constraints. 5. Ohsitc wetlands are isolated and of limited qualit}.' due to exotic plant invasion. 6. The project is in colzformance with existing access management plans for CR 951. 7. The project features a coordinated on-site traffic circulation system with the north adjoining Sierra Meadows PUD. # 4. The imernal and external compatibili.ty ofpro£osed uses, which conditions m~; include reswictions o~ location of im£rovements, restrictions on design, and buffering and screening requirements. Refer to the response given to Standard Zoning Criteria Questions 1 -4, 6, and %i 0. The project is compatible vdth surrounding commercial and educational land uses. No existing or expected future residential development will adjoin the requested PUD. To the north and east one finds developing or expected to be developed mixed-use commercial activity centers. The north adjoining activity center features a 33-acre commercial tract that fronts on CR 951, with an 18.5-acre interior 300 unit multi-family residential tract. The Edison Village PUD will be well within the land depth parameters established by its northern neighbor. The west adjoining public institutional and educational uses will provide transitional step down activities from the commercial uses to Lely Resort residential areas. These educational facilities w411 be buffered by the project's co, nservation tract. Thus, they are compatible with commercial and the proposed residential. Finally, the project will meet all Collier County Land Development Code buffer and screening requirements. The adequacy of usable oFen x/pace areas in existence and as pro£osed to serve the developmenr The Edison Village PLrD will mandate a minimum 24% of internal land area acres to ser,,e as project open space. These areas will be set aside within the Conservation Open Space reserve Tract B. Tract B will be permitted to assist in the project's surface water attenuation and water quality requirements while also serving as a native open space site amenity and elementao, sch6ol buffer. ~ 6. The timing or sequence ofdeveio£mentfor the £w7vose ofassuri~g the adequacy of available im£rove.?nts and facilities, both ];ubiic and private. Please refer Southwest Transportation Engineering's Traffic Impact Statement. Both Rattlesnake Hammock and CR951 have projected surplus roadway capacity to service the project. Please refer to Collier County Utilities Service availability letters. Again, the project is served by adequate public f.acilifies, The abilio' of the subject properO, and of ~u~v'ou~dmg arec~s to accommodate e.xl~a The subject property is well located for commercial infill uses. Reflecting location, the PUD is sited in a rammer thai prevents the encroachment of no 5i01;. ~ENOA ITEM - ~-compatible Ti~e Edison Village PUD Zoning Criteria Report uses to existing and projected uses. As noted earlier in question #6, the project is served by adequate roadway level of service capacity. A roadway stub out to the north is provided so as to allow for ttzrough traffic to circumvent the CR 951 Rattlesnake' Hmnmock Road intersection. # $. Conformi.n,, u,ith £ UD regulations, or as to desirable modifications of such regulations in the ]particular case, based on determination that such modifications of justified as meeting public purposes to a deg~'ee at least equivalent to literal application of such regulations. Please refer to the attached draft PUD Ordinance. The project will conform to Collier CounD~ land Developmere Code and as such ,:,,ill promote public safety, health and welfare interest. AGENDA.ITEM No, / "'7/-.-~ DEC 1 2 2000 (?()IA, I ER £1OI .'NTY 1 "F!I ATY DED!(2VIqON STA'FE~IENT I, G_r.eg Ea_a,,Ic. Trustee. being duly sworm depuse and say lhal [ am the oxvner of the property described herein, agree 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. -[his staicmcnl shall also includc an a~m'ccmcnt that the applicable system developmeal charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the C(mntv and will grant ?~9,pi optlate utility easements, if needed. to the utility conlpany. St{nature of Owner ~ STATE OF FLORIDA COUNTY OF LEE 2000, by ~/~7 ¢ ~cCL~ . who is personally known 1o me or who l~as produce~ as Idenlificalion and who did (did not) lake an oalh. (~Signamre ~o~.?omW Public) (seal) :.: . .: Mt' COMMISSION # 06876285 :-¢::. ..'.[..: August 28, 2002 NOTAR'f PUBLIC Commission ~ ~Q X r] (~c~ My Commission Expires: Le ter of Authorization TO THE COLLIER COL;~TY DEP:~RTMENT OF COMML',:~iTY DEVELOPEMEN'I' I. Gre~o Eazle. Trustee. certify tl~a! I am the authorized representative. oxvner and Truslee of the 7.44-ac. Edison Villaee PUD. lhe properly located in Collier CotllltT. described by the following - TIlE NORTHEAST QU.-XRTER (NE ' a) OF TILE_ ~QU_TJtE:~,5_S_ T QI=T.4_R_TgR_ (SE_ ' NORTHEAST QU:~RTER (~-E ' ,) OF SECTION 22 TO\VNSHIP 50 SO1 ~TH. R :xJ'qC=E 26 COLLIER COL.rNTT. FI.ORD:~. LESS ST.ATE RO.M) RI(}HT-OF-P,'.V~' ( ~F ST 4. TE Pt' L.\D 951: propert3.' identification number 502622 016.0005B22 I hereby authorize Gre2 Stuart of Stuarl & Associales and Brace Anderson. Esq. to acl as my representatives in all matlers relating to the applicalion for PUD Zoning. Ow~ Sh~gnatu re Gre~ Ea21e. Trustee Owners Printed Name State of Florida CounW of Lee Ft Thp foregoing (~/~__ 2000 by whc~has produced (SEAL) instrument was acknowledged before me this /"~ day of . who personally ~own lo me or as identification. ota~' Public MY COMMIS$~ ~ C~16~ ~ "Printed Name of Notan' Public · ~gu,t 2& My Commissi~,n Fxpires No. 12 t+ DEC 1 2 2000 LAND TRUST NAPLES 99.0 -- CR951 BENEFICIARIES % OF OV~,~ERSHIP All, IVlasood S. & Magbool, M. 1.0 114 W. Morningside Drive Peoria. IL 61614 6.0 Bellono, Gregou A. 5080 Oakwood Court Commece Twp., MI 48382 Brunsman, Virginia Lee & Anthony W. 1253 Neeb Road Cincinnati. OH 45233 Cason, Cheri P,_R #2, Box 2073 Green City, MO 63545 Cooper, Dorothy M. 4330 E. Birchwood Circle Mesa, AZ 85206 Duncan, Joe F. 3575 Earhart Road Mr. Juliet, TN 37122 Eagle, Gregory W., P.A. 3818 Del Prado Blvd. Cape Coral, FL 33904 Francomano, Robert A., IRA 35 Revere Road QueensbuD', NY 12804 Gray. Edward A. 4330 E. Birchwood Circle Mesa, AZ 85206 Hafner, Charles D. 2 Beechurst Woods Lane Cincinnati. OH 45233 Im~rc Drilling, Inc. Peter H. Eaberle, President 4405 NW 73rd Ave, Suite #114-8169 Miami, FL 33166 Johnson, Larry G. 5148 East Farm Road 76 Springfield, MO 65803 Kuntz, Gerorge D. & Phyllis J. ] 084 Gayer Way Marco Island, FL 34145 2.0 1.0 1.5 2.0 4.0 1.5 8.0 16.0 .5 .5 AGENDAITEM .o. tT~r 000 Land, John R. 63 Yellowbird Street Marco Island, FL 34145 LaVigna, Michael P. 1520 Ben Crenshaw Way, .~120 Austin, TX 78746 Leanza. Salvatore S. 24462 E. River Road Grosse Ile, Nil 48138 Lukas, Theodore M. 990 Cape Marco Drive, PH3 Marco Island, FL 34145 Medlin, Gerald D. & Carmen E. P.O. Box 429 Sullivan, MO 63080 Meyer, Johrl E. 2420 Elam Road Xenia. OH 45385 Mitchell Holdings LTD Gerald M. Mitchell 4051 Gulf Shore Blvd.. PH202 . Naples, FL 34103 McClain & Associates Robert B. McClain P.O. Box 19818 Indianapolis. 1N 48219 McCurry, Michael R. 2 Garrison Lane Lake George, NY 12845 McGovern, Brian A. & Jennings. ~-X_nne E. ~ 15 Middleton Road Boxford. MA 01921 Newcomb, Anna Alice & Wheeler H. 1500 Bishop Estates Road -Villa 13A Jacksonville, FL 32259 Noyes, Bert5, M. 1112 Roosevelt Trail, # 13 Windham, 1ME 04062 Reckman, Robea F. 2500 Cincinnati Commerce Center 600 Vine Street Cincinnati, OH 45202-2409 Regent Investment Corp. Harold M. Becker. President Guarm~ty Buildin___g: Suite #230 4.0 1.0 6.0 1.0 20.0 2.0 1.0 1.0 3.0 .5 1.0 2.0 4.0 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 - 102 THE COLLIER COUNTY LAND DEVELOPME,Wr CODE ~q--IICH INCLUDES THE COMPREHENSiWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONqNG ATLAS MAP NUMBERED 0622N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EDISON VILLAGE, LOCATED AT THE NORTHWEST QUADRANVl' OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND LELY CULT~ BOULEVARD, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44~ ACRES; AND BY PROVIDING AN EFFECTIX/E DATE. 'v'vq4EILEAS, Bruce.Anderson, Esquire, of Young, van Assenderp and Varnadoe and Greg Stuart, AICP, of Stuart & Associates, representing Greg Eagle, Trustee, petitioned the Board of Co unty Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: S.E CT!ON ONE: The zoning classification of thc herein described real propert3, located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Plmmed Unit Development in accordance with the Edison Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbered 0622N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. A~ENDA ITEM DEC I 2000 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 0622N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EDISON VILLAGE, LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND LELY CULTURAL BOULEVARD, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Anderson, Esquire, of Young, van Assenderp, Vamadoe and Anderson and Greg Stuart, AICP, of Stuart & Associates, representing Greg Eagle, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Edison Village PUD Document, attached hereto as-Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbered 0622N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. AGENDA,~TEM · ] NO. ~ 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: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency MarjorieIM. Studeni Assistant County Attorney g/admin,PUD-2000-15/SM/im -2- DEC 12 2000 .,, Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Edison Village PUD An Office and In-fill Commercial Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: DEO 1 g ~000 ~ TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V Property Ownership & Description Project Development Commercial District Conservation Open Space Reserve District General Development Commitments PAGE 3 5 7 11 15 17 EXHIBIT "a" EXHIBIT "B"' PUD Ordinance Master Concept Plan LIST OF EXHIBITS 2 DEC 1 g 2000 STATEMENT OF COMPLIANCE The development of 7.44+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Edison Village 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 commercial and conservation reserve tract of the Edison Village PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located at the northwest quadrant of the intersection of CR 951 and Lely Cultural Boulevard, and is classified as Urban Residential Subdistrict on the Collier County Growth Management Plan .Future Land Use Map. The Urban Residential Subdistrict permits Office and In-fill Commercial uses and activities. The Edison Village PUD calls for 54,000 square feet of office and in-fill commercial uses. Low intensity in-fill commercial and office development is suitable for small parcels located at arterial road intersections where residential development is not appropriate. The project's 5.66 acres of office and commercial development is entirely consistent with Policy A.6, Office and In-fill Commercial Subdistrict of the Future Land Use Element of the Growth Management Plan and location standards. The project does not utilize direct ingress and egress connections onto C.R. 951. The project coordinates on-site and off-site traffic movements by providing a road interconnection for pedestrians, bicycles and motor vehicles to the north adjoining Activity Center. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, to existing public community educational facilities to the west and to the future mixed-use DRI lands to the south. The subject property's CR 951 and Lely Cultural Parkway intersection location, in relation to abutting the Sierra Meadows PUD Activity Center, permits the development's transitional mix of commercial office and retail uses. The project complies with the A.6 Office and Infill Commercial Subdistrict of the Collier County Growth Management Plan Future Land Use Element. All final development orders for this project are subject to Di' Adequate Public Facilities, of the Collier County Land Devel set forth in Policy 2.3 of the Future Land Use Element. The served by a full range of services and utilities provided by th 3 AGENDA ITEM 'isior~~ ~pment Code as ,rojl l[C vll I 000 County and will result in an efficient and economical expansion of facilities as required by Policy 3.1H of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The Edison Village PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.4 1.5 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 Edison Village PUD LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE i/4) OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS STATE ROAD RIGHT-OF-WAY OF STATE ROAD 951. Subject to easements, reservations or restrictions of record. PROPERTY OWNERSHIP The subject property is currently owned by Greg Eagle, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northwest quadrant of the intersection of CR 951 and Lely Cultural Parkway of unincorporated Collier County, Florida. The subject property is located next to Urban Mixed Use Activity Center # 7 as designated on the Future Land Use Map of the Growth Management Plan. B. The property is currently vacant. The entire site currently has Agriculture zoning with a vacated Church Special Exception. PROJECT DESCRIPTION The 7.44-acre Edison Village PUD will include a mixture of office and retail commercial uses and a conservation reserve tract. The office and in-fill commercial project will consist of a maximum 54,000 square feet of gross commercial floor area. The project will be comprised of a 5.66 acre Commercial Area (Tract A) and a 1.7-acre Conservation Open Space Reserve (Tract B). The Master Plan. identifies a 5.66 acre subparcel Commercial Area (Tract A-l) that coincides with intersection of Lely Cultural Parkway and CR 951. This parcel exclud, Restaurant and Gas Station Convenience Store uses. The final size 5 ,1~ AGENDA, ITEM ;s Fast Food ' ndDEc 1 2 2000 configuration of the Commercial Area and Conservation Reserve tracts will be determined during final the Site Development Plan approval process (the final size shall deviate no more than five percent of the total PUD acreage designated for the Commercial and Reserve Tract Areas). Access to the site is to be provided from Lely Cultural Parkway and an adjoining interconnection to the Sierra Meadows PUD. The Edison Village PUD Access Management Plan is depicted within Exhibit "B", PUD Master Plan. The Edison Village PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for the proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "B", PUD Master Plan. Commercial tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Edison Village Planned Unit Development Ordinance." 6 ' AGENDA~EM .o. 1'7.~-. - DEC 1 2 2000 SECTION II PROJECT DEVELOPMENT 2.2 2,3 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 A. Regulations for development of The Edison Village PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Edison Village PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency reyiew 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. PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "B", Plan. 7 DEC 1 ~ 2000 2.4 2.5 2.6 2,7 2.8 Minor modifications to Exhibit "B" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "B", easements shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "B", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. So The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in section 2.7.3.5 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunset provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. --' .~.~.o~ OEC 1 2 ooo 2.9 OPEN SPACE REQUIREMENTS 2.10 2.11 2.12 2.13 2.14 A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 7.44 +/- acres, requiring a minimum of 2.2 acres to be retained as open space throughout the Edison Village PUD. The 1.7-acre Conservation Reserve Tract will be used for the project's Commercial Tract A and Commercial Tract A-1 open space requirements. The minimum regulatory open space balance of 0.5 acres will be provided internally within Commercial Tract A and A-1. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site, or approximately 1.1-acres, shall be retained. The 1.7-acre conservation reserve tract will comprehensively meet the project's native vegetation requirement for Commercial Tracts A and A-1. POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space for the purposes of accommodating the function of an electoral polling place, at the request of the Supervisor of Elections. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Edison Village PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVAL Ao building permit. No site work including removal of protected vegetati¢ improvement of property or construction of any type may be commen issuance of a building permit pursuant to the Land Development Cod, Improvement of the property shall be prohibited prior to issuance of a :ed p nb'?'TE'tl'~ or othe[; DEC 1 2 ?.000 9 applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. Removal of exotic vegetation shall be exempt from the above requirement based upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator, or his designee, for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site- clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan accompanying the Subdivision Plan or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County. 2.15ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to the issuance of a building permit. l0 DEC I 2 2000 SECTION III COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within The Edison Village PUD designated on the Exhibit "B", PUD Master Plan as "Commercial Tract A and Commercial Tract A-I". 3.2 3.3 GENERAL DESCRIPTION Areas designated as "Commercial Tract A and Commercial Tract A-1" on the Master Plan are designed to accommodate a full range of office commercial uses, retail commercial uses, essential services, and customary accessory uses consistent with C-1, C-2 and C-3 zoning districts. The Commercial A-1 tract located at the Lely Cultural Parkway intersection corner area is designed to accommodate a full range of office commercial uses, retail commercial uses, essential services, and customary accessory uses consistent with C-1, C-2 and C-3 zoning districts but explicitly prohibits Fast Food Restaurants and Gas Convenience uses. The approximate acreage of the Commercial District that includes the project's internal right-of-way will be 5.66 acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. _Up to fifty-four thousand (54,000) square feet of retail or office development is permitted within this commercial area of the Planned Unit Development. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Unless otherwise provided for in this Section, all permitted uses of the C-1, C- 1/T and C-2 zoning districts permitted by the Land Developmen effect as of the date of approval of this PUD District. Accounting, auditing and bookkeeping services (8721). Apparel and Accessory Stores (Groups 5611-5699) I EC 1_ ?.000 4. Automobile parking (7521). 5. Auto and home supply stores (5531). 6. Automotive services (7549) and Car Washes (except bus & truck washing) (7542 subject to Section 2.2.15.2.1.5 of the Land Development Code). 7. Barber shops (7241). 8. Beauty shops (7231). 9. Business services (Groups 7311,7313, 7322-7338, 7361 - 7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 10. Child day care services (8351) 11. Civic, social and fraternal associations (8641). 12. Depository institutions (Groups 6011-6099) 13. Drug stores, pharmacies and proprietary stores (5912) t4. Eating and drinking places (Groups 5812; all establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 15. Educational services (8211 - 8231 ). 16. Engineering, accounting, research, management and related services (Groups 8711-8748). 17. Food stores (Groups 5411-5499). 18. General merchandise Stores (Groups 5311-5399). 19. Health services (Groups 8011-8049, 8082). 20. Home furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21.Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 22. Hardware stores (5251). 23. Insurance carrier's, agents and brokers (groups 6311-6399, 6411 ). 24. Legal services (8111 ). 25. Libraries (8231). 26. Management and public relations services (groups 8741-8743, 8748). 27. Membership organizations (8611-8699). 28. Miscellaneous persoqal services (7291). 29. Miscellaneous repair services, except aircraft, business and office machines, ' large appliances, and white goods such refrigerators and washing machines (groups 7629 - 7631). 30. Miscellaneous retail (Groups 5912-5963, except pawnshops and building materials, 5992-5999). 31. Museums and art galleries (8412). 32. Non-depository credit institutions (Groups 6111-6163). 33. Paint, glass and wallpaper stores (5231). 34. Personal services (Groups 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219-7299). 35. Photographic studios (7221). 36. Physical fitness facilities (7991). 37. Public administration (Groups 9111-9199, 9229, 9311, 9411-9 9611-9661). .51, 9511-9562, OEC 1 000 3.4 3.5 38. Real estate (groups 6531-6541 ). 39. Retail nurseries, lawn and garden supply stores (5261). 40. Security and commodity brokers, dealer, exchanges and service (Groups 6211- 6289). 41. Shoe repair shops and shoeshine padors (7252). 42.Veterinary services (0742, 0752 excluding outside kenneling). 43.Video tape rental (7841). 44. United States Postal Service (4311 except major distribution center). 45.Vocational schools (Groups 8243-8299). 46.Any other general commercial use, which is comparable in nature with the C-3 Commercial Intermediate District pursuant to the Land Use Development Code in effect on the date of approval of this PUD Ordinance and consistent with the permitted uses and Purpose and Intent statement of the this PUD Ordinance, subject to the approval of the Planning Services Department Director. PROHIBITED USES FOR TRACT A-1 The following uses shall be prohibited in Tract A-l: 1. Fast food restaurants. 2. Convenience stores. 3. Convenience stores which sell gasoline. ACCESSORY USES AND STRUCTURES Any other general accessory use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict of the Future Land Use Element of the Growth Management Plan which the Planning Services Department Director determines to be compatible. 3.6 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. /~ - ~?E,~^~ 5. Any yard abutting a residential parcel and the southern qropeYfy"-"*"-- boundary: Twenty-five (25) feet. DEC 122000 ].3 D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Development Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 2. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. L. Signs: As required by Division 2.5. of the Land Development Code. ]4 ~ ....AGENDA ITeM DEC I 2 2000 SECTION IV CONSERVATION RESERVE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within The Edison Village PUD designated on Exhibit "B", PUD Master Plan, as Conservation Reserve Tract. 4.2 GENERAL DESCRIPTION The 1.7 acre tract designated as Conservation Open Space Reserve Tract B on the PUD Master Plan is designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to conserve native on-site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for The Edison Village PUD, and to provide a native vegetative buffer for adjoining public educational activities to the west. The Conservation Reserve Tract consists of 1.7 acres of wetlands and uplands conservation and open space lands that will include a 25 foot perimeter berm easement. The final size and configuration of the commercial and conservation reserve tract will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. 4.3 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: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management structures, berms or other structural treatments. D. Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning J- ' ' '~TEM Services Department Director determines to be compatible in he P~. ~71~ District. DEC I g 2000 4.4 DEVELOPMENT STANDARDS 4.5 All principal structures shall have a minimum 25-foot setback from wetland preserves. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Edison Village PUD shall be responsible for control and maintenance of lands within the Reserve District. Ne. I-'7 ~ _ DEC 1 g 2000 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 5:2 5.3 PURPOSE The purpose of this section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plat(s), and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "B", PUD Master Plan iljustrates proposed development areas 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 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 ensure the continued operation and maintenance of all service utilities and all common areas in the project. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. This PUD shall be subject to the Development Monitoring Re of Section 2.7.3.4 of the Land Development Code. 17 ~nrt nrnvi_~inn~ DEC i ~ ?_BOO 5.4 5.5 WATER MANAGEMENT Excavation permits will be required for any project lake development in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 Engineering Review Services. 'C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. Do Design and construction of all improvements shall comply with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. Prior to construction plan approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. -F. If there are wetlands on site, then a SFWMD permit shall be required. TRANSPORTATION Bo The developer shall provide street lighting at the Lely Cultural Boulevard project entrance prior to the issuance of any Certificate of Occupancy. The developer shall provide sidewalks/bikepaths along the CR 951 frontage at the time of final site development permitting and construction for each phase and parcel of the PUD. If deemed necessary by the County, a right turn lane from Lely Cultural Parkway) shall be constructed by the property owner prior to the first certificate of occupancy for the project. Compensating right-of-way for a dedicated turn lane may be required and shall be provided by the applicant to reimburse the County for the use of the Lely Cultural Boulevard 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 credits due the applicant. 18 DEC 1 2000 ,,._07 _ UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 5.7 5,8 ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ENVIRONMENTAL Ao 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 Section 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 if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of F. Iorida Environmental Resource Permit Rules and be subject to review and approved by Current Planning Section Staff. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) 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 Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall h~. -- submitted to Current Planning Section Staff for review and apprd ¢al I:Ig~Y~ Final Site Plan/Construction Plan approval. This plan shall inclu, le methods DEC 1 ~ 2000 and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. Go The 1.7 acre Conservation Reserve Tract will partially meet the Land Development Code native open space requirements for Commercial Tracts A and A-1. The minimum regulatory balance of 0.5 acres open of space shall be provided internally within Commercial Tracts A and A-1. 20 DEC i 2 2.000 EXHIBIT B THE EDISON VILLAGE PUD MASTER PLAN 2! DEC 1 2 2000 EXECUTIVE SUMMARY PETITION NO. PUD-2000-15 BRUCE ANDERSON, ESQ., OF YOUNG, VAN ASSENDERP VARNADOE AND ANDERSON, AND GREG STUART, AICP, OF STUART & ASSOCIATES, REPRESENTING GREG EAGLE, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS EDISON VILLAGE PUD FOR A MAXIMUM OF 54,000 SQUARE FEET OF OFFICE AND COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULVEARD (CR 951) AND LELY CULTURAL PARKWAY IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44 +/- ACRES. OBJECTIVE: To have the Board of County Commissioners consider a rezoning request by a petitioner who seeks to have land described herein rezoned from its current zoning designation of "A" Rural Agricultural, to PUD, Planned Unit Development, for the purposes of developing a commercial development on 7.44 acres of land by providing for three development tracts consisting of future commercial area and preserve areas. CONSIDERATIONS: The applicant proposes to develop the property for a maximum of 54,000 square feet of gross leaseable floor area for office and infill commercial uses. This will equate to a maximum of 7,260 square feet of gross leaseable floor area per acre. The PUD Master Plan comains a total of two commercial development tracts totaling 5.66 acres, and one additional tract consisting of preserve/open space, and water management tracts totaling 1.78 acres. The uses permitted by right are those permitted uses generally found in the C-l, C-2, C-3 and portions of the C-4 zoning districts. Development of the southern most parcel shall be restricted to those uses permitted in the northern parcel, minus fast food restaurants and gasoline service stations, including convenience stores which may or may not sell gasoline, in order to provide a lower intensity transitional area between the residential area to the south and the higher intensity commercial tracts which abut the project, to the north. The commercial development tracts will be located adjacent to the site's 654 feet of frontage along Collier Boulevard (C.R. 951). The preserve areas are located along the western boundary of the site, and will create a natural buffer between the subject site and the abutting school property to the west. The project has access to existing utilities (potable water and sewer). Access to the site will be from Lely Cultural Parkway, approximately 400 feet west of its intersection with Collier Boulevard. The project will interconnect internally to the Sierra Meadows PUD commercial district to the north. There is no direct access to the site from Collier Boulevard (C.R. 951). Dex~elopment Standards - The proposed development standards for the project are similar to the commercial district zoning standards which most closely characterizes the uses auth( '' ~ district. Building heights for all structures are limited to 50 feet.'~ 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 results in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the proposed office project: · Fire Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: · Corrections Imp. Fee: $0.30 per square foot of building $2,453.00 per 1,000 square foot of building $0.005 per square foot of building $299.00 per 1,000 square foot of building $0.005 per square foot of building $1.50 per unit $1.326 per square foot of building $236,952.00 in impact fees would be collected should this project maximize its development potential and build out at 54,000 square feet of office space. There is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated l~y 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. ^OtNO^ No. DEC 1 2 000 18 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. 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, mixed use (Planned Unit Development), and commercial development. The subject petition is for a commercial PUD, to allow a maximum of 54,000 square feet of commercial development, allowing uses which are primarily permitted by right in the C-1 through C-4 zoning districts. The southern most parcel will prohibit some of the higher intensity uses of the commercial zoning districts in order to create a "step down" affect in land use intensity from the commercial tract to the north (higher intensity) to through the site to the south (less intensity) to be consistent with the FLUE's Office and Infill Commercial subdistrict. ENVIRONMENTAL ISSUES: This petition was administratively reviewed by staff on behalf of the EAC and for its consistency relationship with the Growth Management Plan. Since the project is less than 10 acres in size, an Environmental Impact Statement and a hearing before the EAC was not required. The appropriate staff stipulations regarding environmental issues have been incorporated into the PUD document. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff reco .mmends 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 Planned Unit Development "PUD" for commercial land uses. EAC RECOMMENDATION: This petition was not required to be heard before the EAC due to its size (less than 10 acres). Environmental staffs recommendations have been incorporated into the PUD document. 19 PLANNING COMMISSION RECOMMENDATION: The Planning Commission hearing was held November 16, 2000. At that heating the Planning Commission members voted unanimously to forward the petition to the Board of County Commissioners with a recommendation for approval, subject to staff's stipulations which have been incorporated into the PUD document. 20 No. DEC 1 2 2000 PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER REVIEWED BY: DATE RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES APPROVED BY: DATE JOHN M. DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-2000-15, Edison Village PUD This petition has been tentatively scheduled for the December 12, 2000 Board of County Commissioners Public Hearing. 21 OEO 1 2 2000 AGENDA TRANSMITTAl,. SUP Date Submitted November 20, 2000 Agenda Item # Requested Agenda Date: December 12, 2000 [] (4) Approval of Minutes [] (7) Public Petitions [] (8C) Public Services [] (6) Clerk (5) Proclamations [~ (8A) Community Dev. & Env. Svcs. (8D) Support Services 0o) BCC (13A) BZA Public Hearings (16) Consent Agenda [] (8B) Public Works [] (BE) County Manager [] (9) Attorney [] (12) Public Hearings [] (14) BCC Communications [] (15) Communications X (17) Summary Agenda [] (11) Other Constitutional Officers I Requested by: Date: Reviewed by: Date: SUSAN MURRAY RONALD F. NINO Division Head: Date: Manager: Date: JOHN M. DUNNUCK, III Item Title: PETITION PUD-2000oI5 BRUCE ANDERSON, ESQ., OF YOUNG, VAN ASSENDERP VARNADOE AND ANDERSON, AND GREG STUART, AICP,' OF STUART 8: ASSOCIATES, REPRESENTING GREG EAGLE, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS EDISON VILLAGE PUD FOR A MAXIMUM OF 54,000 SQUARE FEET OF OFFICE AND COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULVEARD (CR 951) AND LELY CULTURAL PARKWAY IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.44 +/- ACRES "' AO~NDA~I?iiM DEC 1 2000 p~, 7(~' i l---Ill.--- DEC 1 ~ 2000 1 Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Edison Village PUD An Office and In-fill Commercial Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: PUD-2000-15 DEC 0 8 2090 I '"'~k.'.~L..~ IJ L.I TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V Property Ownership & Description Project Development Commercial District Conservation Open Space Reserve District General Development Commitments PAGE 3 5 7 11 15 17 LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" PUD Ordinance Master Concept Plan 2 STATEMENT OF COMPLIANCE The development of 7.44+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Edison Village 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 commercial and conservation reserve tract of the Edison Village PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located at the northwest quadrant of the intersection of CR 951 and Lely Cultural Boulevard, and is classified as Urban Residential Subdistrict on the Collier County Growth Management Plan Future Land Use Map. The Urban Residential Subdistrict permits Office and In-fill Commercial uses and activities. The Edison Village PUD calls for 54,000 square feet of office and in-fill commercial uses. Low intensity in-fill commercial and office development is suitable for small parcels located at arterial road intersections where residential development is not appropriate. The project's 5.66 acres of office and commercial development is entirely consistent with Policy A.6, Office and In-fill Commercial Subdistrict of the Future Land Use Element of the Growth Management Plan and location standards. The project does not utilize direct ingress and egress connections onto C.R. 951. The project coordinates on-site and off-site traffic movements by providing a road interconnection for pedestrians, bicycles and motor vehicles to the north adjoining Activity Center. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, to existing public community educational facilities to the west and to the future mixed-use DRI lands to the south. The subject property's CR 951 and Lely Cultural Parkway intersection location, in relation to abutting the Sierra Meadows PUD Activity Center, permits the development's transitional mix of commercial office and retail uses. The project complies with the A.6 Office and Infill Commercial Subdistrict of the Collier County Growth Management Plan Future Land Use Element. o All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 2.3 of the Future Land Use Element. The project will be served by a full range of services and utilities provided by the County and will 3 result in an efficient and economical expansion of facilities as required by Policy 3.1H of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The Edison Village PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 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 Edison Village PUD LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE ¥4) OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS STATE ROAD RIGHT-OF-WAY OF STATE ROAD 951. Subject to easements, reservations or restrictions of record. PROPERTY OWNERSHIP The subject property is currently owned by Greg Eagle, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northwest quadrant of the intersection of CR 951 and Lely Cultural Parkway of unincorporated Collier County, Florida. The subject property is located next to Urban Mixed Use Activity Center # 7 as designated on the Future Land Use Map of the Growth Management Plan. B. The property is currently vacant. The entire site currently has Agriculture zoning with a vacated Church Special Exception. PROJECT DESCRIPTION The 7.44-acre Edison Village PUD will include a mixture of office and retail commercial uses and a conservation reserve tract. The office and in-fill commercial project will consist of a maximum 54,000 square feet of gross commercial floor area. The project will be comprised of a 5.66 acre Commercial Area (Tract A) and a 1.7-acre Conservation Open Space Reserve (Tract B). The Master Plan identifies a 5.66 acre subparcel Commercial Area (Tract A-l) that coincides with the intersection of Lely Cultural Parkway and CR 951. This parcel excludes Fast Food Restaurant and Gas Station Convenience Store uses. The final size and 5 configuration of the Commercial Area and Conservation Reserve tracts will be determined during final the Site Development Plan approval process (the final size shall deviate no more than five percent of the total PUD acreage designated for the Commercial and Reserve Tract Areas). Access to the site is to be provided from Lely Cultural Parkway and an adjoining interconnection to the Sierra Meadows PUD. The Edison Village PUD Access Management Plan is depicted within Exhibit "B", PUD Master Plan. The Edison Village PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for the proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "B", PUD Master Plan. Commercial tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Edison Village Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Edison Village PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Edison Village PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected 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. 2.3 PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "B", PUD Master Plan. 7 Minor modifications to Exhibit "B" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "B", easements shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE Exhibit "B", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunset provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.7 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 8 2.9 OPEN SPACE REQUIREMENTS 2.10 2.11 2.12 2.13 2.14 A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 7.44 +/- acres, requiring a minimum of 2.2 acres to be retained as open space throughout the Edison Village PUD. The 1.7-acre Conservation Reserve Tract will be used for the project's Commercial Tract A and Commercial Tract A-1 open space requirements. The minimum regulatory open space balance of 0.5 acres will be provided internally within Commercial Tract A and A-1. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site, or approximately 1.1-acres, shall be retained. The 1.7-acre conservation reserve tract will comprehensively meet the project's native vegetation requirement for Commercial Tracts A and A-1. POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space for the purposes of accommodating the function of an electoral polling place, at the request of the Supervisor of Elections. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Edison Village PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVAL A. Improvement of the property shall be prohibited prior to issuance of a building permit. No site work including removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit pursuant to the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. Removal of exotic vegetation shall be exempt from the above requirement based upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator, or his designee, for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site- clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan accompanying the Subdivision Plan or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County. 2.15 ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to the issuance of a building permit. l0 SECTION III COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within The Edison Village PUD designated on the Exhibit "B", PUD Master Plan as "Commercial Tract A and Commercial Tract A-I". 3.2 3.3 GENERAL DESCRIPTION Areas designated as "Commercial Tract A and Commercial Tract A-I" on the Master Plan are designed to accommodate a full range of office commercial uses, retail commercial use. s, essential services, and customary accessory uses consistent with C-1, C-2 and C-3 zoning districts. The Commercial A-1 tract located at the Lely Cultural Parkway intersection corner area is designed to accommodate a full range of office commercial uses, retail commercial uses, essential services, and customary accessory uses consistent with C-1, C-2 and C-3 zoning districts but explicitly prohibits Fast Food Restaurants and Gas Convenience uses. The approximate acreage of the Commercial District that includes the project's internal right-of-way will be 5.66 acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to fifty-four thousand (54,000) square feet of retail or office development is permitted within this commercial area of the Planned Unit Development. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Unless otherwise provided for in this Section, all permitted uses of the C-1, C- lfT and C-2 zoning districts permitted by the Land Development Code and in effect as of the date of approval of this PUD District. 2. Accounting, auditing and bookkeeping services (8721). 3. Apparel and Accessory Stores (Groups 5611-5699) 1! 4. Automobile parking (7521). 5. Auto and home supply stores (5531). 6. Automotive services (7549) and Car Washes (except bus & truck washing) (7542 subject to Section 2.2.15.2.1.5 of the Land Development Code). 7. Barber shops (7241). 8. Beauty shops (7231). 9. Business services (Groups 7311, 7313, 7322-7338, 7361 -7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 10. Child day care services (8351) 11. Civic, social and fraternal associations (8641). 12. Depository institutions (Groups 6011-6099) 13. Drug stores, pharmacies and proprietary stores (5912) 14. Eating and drinking places (Groups 5812; all establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 15. Educational services (8211 - 8231 ). 16. Engineering, accounting, research, management and related services (Groups 8711-8748). 17. Food stores (Groups 5411-5499). 18. General merchandise Stores (Groups 5311-5399). 19. Health services (Groups 8011-8049, 8082). 20. Home furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21.Individual and family social services (8322 activity centers, eldedy or handicapped; adult day care centers; and day care centers, adult and handicapped only). 22. Hardware stores (5251). 23. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 24. Legal services (8111 ). 25. Libraries (8231). 26. Management and public relations services (groups 8741-8743, 8748). 27. Membership organizations (8611-8699). 28. Miscellaneous personal services (7291). 29. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such refrigerators and washing machines (groups 7629 - 7631). 30. Miscellaneous retail (Groups 5912-5963, except pawnshops and building materials, 5992-5999). 31 .Museums and art galleries (8412). 32. Non-depository credit institutions (Groups 6111-6163). 33. Paint, glass and wallpaper stores (5231). 34. Personal services (Groups 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219-7291). 35. Photographic studios (7221). 36. Physical fitness facilities (7991). 37. Public administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661). 3.4 3,5 38. Real estate (groups 6531-6541). 39. Retail nurseries, lawn and garden supply stores (5261). 40. Security and commodity brokers, dealer, exchanges and service (Groups 6211- 6289). 41. Shoe repair shops and shoeshine parlors (7252). 42.Veterinary services (0742, 0752 excluding outside kenneling). 43.Video tape rental (7841). 44. United States Postal Service (4311 except major distribution center). 45. Vocational schools (Groups 8243-8299). 46.Any other general commercial use, which is comparable in nature with the C-3 Commercial Intermediate District pursuant to the Land Use Development Code in effect on the date of approval of this PUD Ordinance and consistent with the permitted uses and Purpose and Intent statement of the this PUD Ordinance, subject to the approval of the Planning Services Department Director. PROHIBITED USES FOR TRACT A-1 The following uses shall be prohibited in Tract A-l: 1. Fast food restaurants. 2. Convenience stores. 3. Convenience stores which sell gasoline. ACCESSORY USES AND STRUCTURES Any other general accessory use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict of the Future Land Use Element of the Growth Management Plan which the Planning Services Department Director determines to be compatible. 3.6 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. Go Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Developmeqt Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 2. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. L. Signs: As required by Division 2.5. of the Land Development Code. 14 SECTION IV CONSERVATION RESERVE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within The Edison Village PUD designated on Exhibit "B", PUD Master Plan, as Conservation Reserve Tract. 4.2 GENERAL DESCRIPTION The 1.7 acre tract designated as Conservation Open Space Reserve Tract B on the PUD Master Plan is designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to conserve native on-site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for The Edison Village PUD, and to provide a native vegetative buffer for adjoining public educational activities to the west. The Conservation Reserve Tract consists of 1.7 acres of wetlands and uplands conservation and open space lands that will include a 25 foot perimeter berm easement. The final size and configuration of the commercial and conservation reserve tract will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. 4.3 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: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management structures, berms or other structural treatments. D. Mitigation areas. Eo Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 15 4.4 DEVELOPMENT STANDARDS 4.5 All principal structures shall have a minimum 25-foot setback from wetland preserves. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Edison Village PUD shall be responsible for control and maintenance of lands within the Reserve District. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plat(s), and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN ' Exhibit "B", PUD Master Plan iljustrates proposed development areas 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 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 ensure the continued operation and maintenance of all service utilities and all common areas in the project. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. This PUD shall be subject to the Development Monitoring Report provisions of Section 2.7.3.4 of the Land Development Code. ]7 5.4 5.5 WATER MANAGEMENT Excavation permits will be required for any project lake development in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 Engineering Review Services. Go In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. Design and construction of all improvements shall comply with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. Prior to construction plan approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. F. If there are wetlands on site, then a SFWMD permit shall be required. TRANSPORTATION The developer shall provide street lighting at the Lely Cultural Boulevard project entrance prior to the issuance of any Certificate of Occupancy. The developer shall provide sidewalks/bikepaths along the CR 951 frontage at the time of final site development permitting and construction for each phase and parcel of the PUD. If deemed necessary by the County, a right turn lane from Lely Cultural Parkway shall be constructed by the property owner prior to the first certificate of occupancy for the project. Compensating right-of-way for a dedicated turn lane may be required and shall be provided by the applicant to reimburse the County for the use of the Lely Cultural Boulevard 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 credits due the applicant. 5.6 UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 5.7 5.8 ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ENVIRONMENTAL 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 Section 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 if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approved by Current Planning Section Staff. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) 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 Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. 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 Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. The 1.7 acre Conservation Reserve Tract will partially meet the Land Development Code native open space requirements for Commercial Tracts A and A-1. The minimum regulatory balance of 0.5 acres open of space shall be provided internally within Commercial Tracts A and A-1. 20 EXHIBIT B THE EDISON VILLAGE PUD MASTER PLAN i!il 'I F__-_-:__i I .L Eral?n~f/i-Pl~ .... EXECUTIVE SUMMARY PETITION PUD-00-17, MR. DONALD A. PICKWORTH, REPRESENTING BENDERSON DEVELOPMENT CO., REQUESTING A REZONE FROM 'T' INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS 1-75/COLLIER BOULEVARD COMMERCIAL CENTER PUD ALLOWING FOR COMMERCIAL RETAIL LAND USES FOR PROPERTY LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 19.54 acres from "I" Industrial to "PUD" permitting commercial retail land uses. CONSIDERATIONS: The proposed rezoning of the currently approved 19.54-acre industrially zoned property to PUD will allow for a maximum of 148,975 square feet of retail commercial uses. The plan allows for eith.er a single use development such as a shopping center or mixed development such as office and retail uses on a single 11.4-acre commercial tract. The proposed commercial uses within the subject PUD are consistent with the land uses permitted in Activity Center #9. In addition, Interchange Activity Centers are the preferred locations for the concentration of commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. The Master Plan indicates that the preserve area comprises 2.88-acres while the open space and detention areas are 4.95 acres in size. Access to the site is provided from both Davis and Collier Boulevards. As noted above, the subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center Sub-district) on the Future Land Use Map of the Growth Management Plan. This designation allows commercial uses and is eligible for up to 100 percent of the PUD uses, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5 acres) of Activity Center #9. Based on staff review of the approved land uses on the adj'acent and nearby properties, the proposed commercial uses and acreage is consistent with the Growth Management Plan. It should be noted that Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP) which was adopted by Resolution by the BCC on November 28' 2000. All fezones thereafter shall meet the intent of the IMP vision statement. The IMP is intended to create an enhanced "gateway" to Naples that will serve as a destination for residents and the traveler's choice place to stop along 1-75 and Collier Boulevard. As'a result, emphases will be placed on complementary design themes that reflect the influences such as the Everglades, Rural Areas, and Old Florida styles. Properties shall be developed in accordance with the design themes defined in the IMP. The proposed PUD makes provisions for consistency with the IMP design themes. i3 OEC 2000 Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The currently approved Industrial zoned property could generate 1,012 Average Vehicle Trip Ends while the proposed rezone to a commercial PUD will generate 2,595 Average Vehicle trips. As a result, the difference in site-generated trips of the proposed project versus the currently approved Industrial zoning is 1,583 Average Daily Vehicle Trip Ends. Based on this analysis, the difference in site-generated trips will not exceed the significant impact test (5 percent of the LOS "C" design volume) of Collier Boulevard (C.R. 951). Therefore, this petition is consistent with Policies 5.1 and 5.2' of the Transportation Element of the Growth Management Plan. The current traffic count for the segment of C.R. 951 fronting the project is 24,478 and is operating at LOS "C". Conversely, Davis Boulevard (SR 84) is projected to operate at LOS "F" at the build-out of the project. It should be noted that this deficient segment of SR 84 is less than a quarter mile in length and has been deemed a State problem. In addition, Collier County has never held up a building permit for projects resulting from any "concurrency" issue on this segment. 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: · Libraries Impact Fee: Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: · EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $1,755.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $132.00 per 1,000 square feet The total amount of impact fees for the commercial area is $2,679,228.86. It should be noted that because impact fees vary by housing type and type of commercial developmeist, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build- out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. 2 DEC 2000 pg. o~. MEMORANDLqVI TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 27, 2000 PETITION NO: PUD-00-17, COLLIER BLVD. COMMERCIAL CENTER PUD AGENT/APPLICANT: Agent: Mr. Donald A. Pickworth 5150 Tamiami Trail N. Suite 602 Naples, Florida 34103 O~amer: Mrs. Linda Marszalkowski 4651 Gulf Shore Boulevard Unit 1504 Naples, Florida 24103 Contract Purchaser: Benderson Development Co. 570 Deleware Avenue Buffalo, New York 14202 GEOGRAPHIC LOCATION: The subject property, is located on the southwest quadrant of Collier Boulevard (C.R. 951) and Davis Boulevard (SR-84) in Section 3, Township 50 South, Range 26 East. REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission forward to the Board of County Commissioners a recommendation of approval of a proposed rezone from Industrial to Planned Unit Development (PUD) allowing for commercial uses. PURPOSE/DESCRIPTION OF PROJECT: The proposed rezoning of the subject 19.54-acre Industrial zoned property to PUD will allow for a maximum of 148,975 square feet of retail commercial uses. The plan allows for either a single use development such as a shopping center or mixed development such as office and retail uses on a single 11 A-acre commercial tract. The proposed commercial uses are in accordance with the draft Activity Center//9 Interchange Master Plan, which is not yet adopted. Activity Centers are the preferred locations for the concentration of commercial uses. The Master Plan indicates that the preserve area comprises 2.88-acres while the open space/detention areas comprise 4.95- acres. Access to the site is provided from both Davis Boulevard and Collier Boulevard. 1 DEC 12 20O0 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's Environmental Impact Statement (EIS). The EIS was reviewed and approved by the Environmental Advisory Council (EAC) during their December 6, 2000 meeting subject to stipulations that have incorporated into the PUD document. PLANNING COMMISSION RECOMMENDATION: The-Collier County Planning Commission (CCPC) heard this petition on November 16, 2000. They unanimously voted (8 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. In addition, the Planning Commissioners deemed this petition to be consistent with the adjacent developments and with the Interchange Activity Center Sub-district of the Growth Management Plan. Since staff has not received any correspondence objecting to this project, this petition has been placed on the Summary Agenda. PREPARED BY: RA~ BL~LOWS, PRINCIPAL PLANNER CUI~RENT PLANNING SECTION REVIEWl~3~ ~Y: RONALD F.XN~D, AICP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT ,!" ?_.© '00 DATE DATE /,/----2-~ DATE APPROVED BY: JOt-~ M. DONI~Ck,lh, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-00-17/EX SUMMARY/RVB/rb DATE 4 AGENDA I~ DEC 12 2000 I EXHIBIT 'A' Co11~e~ Boulevard (CP.. 9511 Collier Boulevard Commercial Center DUD Idaater Plan r~Fc i 212ooo In addition, Davis Boulevard (SR 84) is projected to operate at LOS "F" at the buildout of the project. It should be noted that this deficient segment of SR 84 is less than a quarter mile in length and has been deemed a State problem. In addition, Collier County has never held up a building permit for projects resulting from any "concurrency" issue on this segment. Since the project trips do not exceed the significant impact test on this road segment, no phasing of the project is required. 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. EVALUATION OF ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site contains 18.45-acres of SFWMD/Collier County jurisdictional wetlands. These consist of hydric pine flatwoods, pine cypress and disturbed land. The proposed project will impact 15.52-acres or approximately 84 percent of the jurisdictional wetlands. The project related wetland impacts will be compensated for by enhancing and preserving 2.93-acres on-site and adjacent to a larger contiguous preserve on the adjacent property. In addition, the PUD requires additional mitigation (5.05 mitigation credits) to be purchased from the Panther Island Mitigation Bank. Since there was not a quorum of the Environmental Advisory Council (EAC) on November 1, 2000, this item will be heard during their next meeting in December prior to the BCC hearing this item. The Transportation Services has also recommended approval subject to an additional 25 feet of right-of-way along the east property line for the future widening of C.R. 951. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide' an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. 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. DEC i2 2000 SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently undeveloped and zoned Industrial. Surrounding: North: East: South: West: Davis Boulevard and developed commercial C-4 and the partially developed PUD allowing for a mix of commercial uses. C.R. 951 and the partially developed Forest Glen PUD that allows for residential and commercial uses. The undeveloped Westport Commerce Center PUD. The undeveloped Westport Commerce Center PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center Sub-district) on the Future Land Use Map of the Growth Management Plan. Interchange Activity Center #9 will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 units per acre. The entire Activity Center is eligible for up to 100 percent of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5 acres) of the Activity Center. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses and acreage along with the residential density of 10 units per acre is consistent with the Growth Management Plan. It should be noted that Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP) which is not yet adopted. The IMP shall be adopted by Resolution by the BCC and is scheduled for their November 28th meeting. All rezones thereafter shall meet the intent of the IMP vision statement. The IMP is intended to create an enhanced "gateway" to Naples that will serve as a destination for residents and the traveler's choice place to stop along 1-75 and Collier Boulevard. As a result, emphases will be placed on complementary design themes that reflect the influences such as the Everglades, Rural Areas, and Old Florida styles. Properties shall be developed in accordance with the design themes defined in the IMP. The proposed PUD makes provisions for consistency with the IMP design themes. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The projected build-out of the development is estimated to be in 2004. The existing Industrial Zoning could generate 1,012 Average Vehicle Trip Ends while the proposed rezone will generate 2,595 Average Vehicle trips. As a result, the difference in site-generated trips of the proposed project versus the currently approved Industrial zoning is 1,583 Average Daily Vehicle Trip Ends. Based on this analysis, the difference in site-generated trips wi.11 not exceed the significant impact test (5 percent of the LOS "C" design volume) of Collier Boulevard (C.R. 951). Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. The current traffic count for the segment of C.R. 951 fronting the' project is 24,478 and is operating at LOS "C". This segment is projected to be deficient by the project build-out. 2000 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-00-17 to the Board of County Commissioners with a recommendation £or approval. PREPARED BY~ RA%LOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION RdN~kJ_,D-F NINO, AICP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: JOI~N M. DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. /o - 3(.00 DATE DATE DATE DATE Staff Report for the November 16, 2000, CCPC meeting. COLLIE~ff~LANNING COMMISSION: 5 The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Activity Centers" where there is an opportunity to approve commercial uses when deemed appropriate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the adjacent PUD project to the west and south (Westport Commerce Center) has been approved 255,000 square feet of commercial uses and 450,000 square feet of Industrial uses. It should be noted that there are three other quadrants of this Interchange Activity Center that 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 to the north 'is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172,460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD is also approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center #9 as depicted on the Future Land Use Map. Since this district permits commercial and residential uses (up to 16 units per acre), the proposed rezone from Industrial Zoning to a commercial PUD is consistent with the GMP. These uses are also compatible with the adjacent and nearby commercial uses. Given the urban influence impacting this area, the proposed rezone to allow a commercial development similar to those uses approved in this area are consistent with requirements of the FLUE to the GMP. Utility Infrastructure - Water and sewer service is available to this site. Traffic Circulation and Impact - Staff has identified the fact that the proposed project will not have a significant impact on C.R. 951 by virtue of the fact that vehicular site generated trips resulting from the rezone petition will not lower the level of service below. adopted standards. The project entrance on Davis Boulevard (S.R.-84) will be required to provide the required turn lanes. 4 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 within this project. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. (ii) The subject site is subject to the conditions of the Interchange Master Plan that is currently being developed for this Activity Center. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is' as follows: The subject PUD proposes to allow commercial uses consistent with the approved PUD to the north. These commercial uses and the residential density are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Mixed Use Activity Center on the FLUE. 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 provide similar uses and development standards as the approved 1-75/ Alligator Alley PUD to the north. In addition, the preserve area is contiguous with the Westport Center PUD to the west and south. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summa~' Finding; The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. FINDINGS FOR PUD PUD-00-17 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 along Collier Boulevard (CR-951). (ii) Development of land that is located on an arterial road, is within Activity Center #9, and is adjacent to commercial uses is particularly suitable for commercial uses. (iii) The pattern of development of surrounding properties is similar to the type of development proposed including the proposed density of 10 units per acre. Con: (i) Adjacent and nearby neighborhoods often perceive a mixed use commercial and residential development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. (ii) Davis Boulevard from C.R. 951 to Radio Road is operating at LOS "F". Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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. Exhibit "A" 2000 REZONE FINDINGS PETITION PUD-00-17 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 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: The subject property is located within Activity Center #9 as depicted on the Future Land Use Element (FLUE) of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the FLUE of the GMP. The uses permitted within this PUD are also consistent with the adjacent PUD to the north. The proposed commercial uses are consistent with the uses allowed within Activity Centers. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detail'ed study is contained in the staff report.) Summary Findines: To the north is an approved commercial PUD and to the east is the Forest Glen PUD. These are mixed-use commercial PUD projects within this Activity Center. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size and is located within an Activity Center. In addition, the site is adjacent to existing commercial PUD projects. Con: None. Summary Findines: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Exhibit"B" ]_ :: OEC ,,2 2000 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 Findine: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. e The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to provide commercial zoning that is adjacent to a commercial zoned PUD. This will result in an additional 19.54 acres of commercial zoning. However, this project will not adversely impact any adopted level of service standard. Con: None. Summary Findine: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 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. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-00-17/RVB/rb 3 DEC !? 2000, Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the Transportation Element. (ii) The property fronts directly on C.R. 951 a public road thereby providing access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. 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 as adopted in the Growth Management Plan.. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. SummaD' Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all fezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summarw 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. [ EC 12 2000 . 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 Findings: The properties to the north are zoned PUD and they contain similar commercial uses. In addition, the boundaries are logically drawn by virtue that the subject PUD provides an extension of the commercial retail land. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved commercial land uses to the and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the west of the project. (ii) Improved traffic circulation will result from intersection improvements, right-of-way dedication for the improvement of Collier Boulevard, and turn lanes on Davis Boulevard. Con: The commercial area could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas and proximity to 1- 75, the proposed PUD should not adversely impact the adjacent properties. Summary Findines: The proposed PUD will not adversely influence living conditions in the nearby neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. 2 1 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: Evaluation not applicable. Summary Findines: The proposed PUD complies with the Growth Management Plan, which are public p61icy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. XVhether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning,' however to do so would deny this petitioner of the opportunity to' maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. V~'hether the change suggested is out of scale with the needs of the neighborhood or the Count>'; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the Forest Glen subdivision to the east may feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. , 9. Whether the proposed change will seriously reduce light and air to adjacent areas; 10. Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the north. In addition, the maximum height for the structures as provided for in the PUD is the same as the maximum height permitted within the adjacent commercial PUD projects. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC which 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. The mere fact that a property is given a new zoning designation may or may not affect value. Con: None. SummaD' 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary~ Findines: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. DEC 200[ Item V ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER Iv 2000 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-17 Collier Boulevard Commercial Center PUD Benderson Development Co., Inc. RWA, Inc. Passarella and Associates, Inc. II. IlL LOCATION: The subject property is an undeveloped 19.53 acre parcel located in the southwest quadrant of Collier Blvd. (County Road 951) and Davis Boulevard (State Road 84) in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The project is located immediately behind the Mobil Gas Station in the southwest comer of the intersection. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property borders two major roadways, a gas station and an undeveloped PUD. ZONING DESCRIPTION N - Industrial Gas Station R.O.W. Davis Boulevard S - PUD (Westport Undeveloped Commerce Center) E - Industrial Gas Station R.O.W. Collier Boulevard W - PUD (Westport Undeveloped Commerce Center) iI AGEt-~DA ITE~ ! PJEC !"/ 200!' !. 16. 17. REZONE The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findint~s: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: multi-disciplined teams responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FINDINGS PUD-00-17/RVB/rb DEC I? 200rj EAC Staff Report Page 3 of 9 November 1, 2000 attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and an interconnected wetland reserve to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.3 states, Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part Of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Policy 6.2.14 states, "Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as dete .r~fm~ar..~3,~, OEC ',2 2000 EAC Staff Report Page 2 of 9 November 1, 2000 IV. Vo PROJECT DESCRIPTION: The property owner is proposing a rezone from "I" Industrial to PUD (known as the Collier Boulevard Commercial Center PUD) in response to changing market conditions. The proposed 19.54-acre PUD is a planned commercial project allowing 148,975 square feet of commercial retail uses. The Master Plan indicates that the main access points will be on Collier Boulevard and on Davis Boulevard. The petitioner indicates that the property could be used for the currently approved industrial uses, however, this would be less desirable use given the location at the "Gateway" to both Naples and Marco Island. Lastly, water and sewer service are readily available to support development of the site while the project's location within the Activity Center of SR-84 and C.R. 951 make it suitable for the proposed commercial uses. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and is entirely within Activity Center g9 as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This Activity Center permits the proposed commercial land uses. These commercial uses are intended to serve regional markets, provided each such use is compatible with existing and approved land uses. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses are consistent with the Future Land Use Element of the GMP subject to compliance with the Interchange Master Plan. (IMP). The IMP is intended to create an enhanced "gateway" to Naples, however, the IMP has not yet been adopted. Conservation & Coastal Manaeement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an ' 200ri DEC !.:. i EAC Staff Report Page 5 of 9 November 1, 2000 FLUCFCS Code 6249 E2 Pine Cypress, Disturbed (50 to 75% Melaleuca) According to the Collier County Soils Map, one soil type is found on the subject property. This soil type is Pineda Fine Sand, Limestone Substratum (Unit 14), which is listed as a hydric by the Natural Resources Conservation Service. Biological indicators (i.e., lichen lines on cypress, adventitious rooting on Melaleuca, etc.) of wet season high water elevations were estimated in the field. Measurements were taken from ground elevations to the elevation of the biological indicators. Based on aerial topography for the site, the wet season high water levels are estimated to range from 10.5 feet NGVD to 10.8 feet NGVD. The control elevation for the project has been set at 10.00 feet NGVD and was determined by the control elevation for Westport Commerce Center, which lies immediately downstream of the proposed project. The wetland preserves on the two properties are connected and will not be separated by a water management berm. The control elevation for these preserves will be set at 9.5 feet NGVD, the same for Westport Commerce Center. Wetlands: Approximately 18.45 acres of South Florida Water Management District (SFWMD)/ColIier County jurisdictional wetlands have been identified on the subject property and were verified by the SFWMD on February 10, 1999. consist of hydric pine flatwoods, pine-cypress and disturbed land. 1~ OEC !2 2000 EAC Staff Report Page 4 of 9 November 1, 2000 through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staff~s policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 15% on-site native vegetation preservation pursuant to Policy · 6.4.6. Vl. MAJOR ISSUES: Water Manaeement: The surface Water Management permitting for this site will be handled by the South Florida Water Management District (SFWMD). The project uses a standard design employing a stormwater collection system (Catch Basin and Culverts) to route runoff to what appears to be a dry detention area from which it is discharged to a 2.88 acre on-site wetland reserve. The reserve is contiguous to an irregularly shaped 16 ac(t_) reserve on the Westport Commerce Center site immediately to the south and west (see attached conceptual Stormwater Management Plan from approved P.U.D.). From the reserve, flow continues to the southwest. Environmental: Site Description: The subject property is an undeveloped 19.53 acre parcel consisting of hydric pine flatwoods (0.33 acres), pine-cypress (17.19 acres) and disturbed land (10.29 acres). Portions of the site are heavily impacted with Melaleuca. EAC Staff Report Page 7 of 9 November 1, 2000 Listed Species: Listed species observations were made during vegetation mapping in April and May, 2000. No listed plant or wildlife species were observed on the property during any of the on-site visits. -Based on communications with agency staff, red-cockaded woodpecker (RCW) cavity trees are located on the Cedar Hammock PUD, located to the west and south of the property. In order to address potential RCW concerns, a RCW Nesting Season Survey was conducted on the property from April 27, 2000 to May 3, 2000. Seven days of morning and evening surveys were conducted and wildlife observations recorded. Surveys were conducted by ecologists traversing suitable habitat by foot. Morning observations began approximately 15 minutes to 30 minutes prior to sunrise and ended by 10:00 a.m.. Evening observations were conducted from approximately 5:00 p.m, to sunset. Visual observations were aided by 8x power binoculars and 46x power spotting scope. Wildlife observations and relative weather conditions were recorded for each survey period. No RCWs were seen or heard during the nesting survey. No RCW cavity trees were identified on site. See Exhibit E in the EIS for survey observations and results. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-17 "Collier Boulevard Commercial Center PUD" with the following stipulations: Water Management: That the project must obtain a SFWMD surface Water Management Permit prior to any Site Development Plan or Construction Drawing Approval. Environmental: No additional stipulations. ! OE..rT,. i?. 2000 EAC Staff Report Page 6 of 9 November 1, 2000 The proposed development will result in impacts to 15.52 acres or approximately 84 percent of the SFWMD jurisdictional wetlands on site. The project related wetland impacts will be compensated for by enhancing and preserving 2.93 acres of the project wetlands in the southwest comer of the property. These preserved wetlands will be adjacent to a larger contiguous preserve on the Westport Commerce Center PUD. Preserved wetlands will be enhanced by hand removal of exotic plant species. In addition, off-site mitigation will be purchased from Panther Island Mitigation Bank. Based on a Wetland Rapid Assessment Procedure (WRAP) analysis, a total of 5.05 mitigation credits will be purchased from the Panther Island Mitigation Bank to offset the proposed impacts. Preservation Requirements: There are approximately 11.86 acres of viable native vegetation on the subject property (areas with greater than 75% Melaleuca were not counted as viable native vegetation). In keeping with the 15% native vegetation preservation requirement in section 3.9.5.5.4 of the Land Development Code, 15% (1.78 acres) of native vegetation will have to be retained and/or planted on site. This requirement is fully satisfied by the 2.88 acre preserve area identified on the PUD master plan. FLUCFCS Code 6249 E3 Pine Cypress, Disturbed (greater than 75% Melaleuca) AGF._I~A t'rE.~ OEC 2000 EAC Staff Report Page 9 of 9 RO ERT .~~~~~~C~/ PLANNING SERVICES DIRECTOR November 1, 2000 DATE APPROVED BY: ADMINISTRATOR DATE ENVIRONMENTAL SERVICES SI_/gdh/c: StaffRepon DEC ~? 2OO.r~, i EAC Staff Report Page 8 of 9 November 1, 2000 PREPARED BY: · §TAN CHRZANOWSI~, P.E. SENIOR ENGINEER DATE STEPHEN I.ENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: /o./Z.oo DATE THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ~c~ ~acP CURRENT PLANNING MANAGER DATE DATE i OEC i?. 2000 APPLICATION FOR PUBLIC HEARING Fj if ?uD REZOptd ff-,, II ' ~uuO Petition No PU D 0 0- I 7 ': ~ Date Petition Re~; Commission District: Pla~er Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City _Naples Applicant's Telephone # Name of Agent: Donald A. Pickworth, Esquire Firm: Donald A. Pickworth, P.A. Mrs. Linda Marszalkov,'ski. Trustee 4651 Gulf Shore Boulevard. Llnit 1504 State FL Fax # Zip 34103 Agent's Mailing Address 5150 Tamiami Trail North, Suite 602 City_Naples State FL Zip 34103 Agent's Telephone# 263-8060 Fax # 598-1161 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 .APPLICATION FOR PUBLIC HEARING FOR PUD REZON'E - 10/98 L: ,[ fiji,_ ... f : ..... ' :u!lJ ',11I!1 !!,111 i If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Linda Marszalkowski Trustee 4651 Gulfshore Blvd. Naples Bertha Wur-zel 305 Park Shore Drive, Naples Joseph F. and Maureen Wur-zel, Georgetown, MA Evelyn -\l-,er 3443 Gulf Shore BI~J . Naples, FL Conme A. btme 4051 Gulf Shore Blvd. Naples, FL Tiffany West. Spanish Moss Drive Naples, FL Percentage of Interest 48.265% 17.105% 4.105% 20525 ~ 5% 5% If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or panners. Name and Address Percentage 0f Ownership Benderson Development Compnay, Inc. 570 Deleware Avenue Buffalo. NY 14202 (716) 886-0211 Date of Contract: 5/31/00 If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 parties, list all DEr ',2 2000 PAGE 3OF 16 ~ Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address NA City State __ Zip. Name of Homeowner Association' Mailing Address NA City State __ Zip. Name of Homeowner Association: Mailing Address NA City State __ Zip Name of Master Association: Mailing Address NA City State __ Zip Name of Civic Association: Mailing Address NA City' State __ Zip 2. Disclosure of Interest Information: If the properly 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 necessao,). Name and Address Percentage of O~vnership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 OF 16 Size of propert)': ft. X ft. = Total Sq. Ft. Acres+,/- 19.54 Address/general location of subject property: Southwest comer or Collier Blvd. and Davis Boulevard. -. Adjacent zoning and !and use: Zoning Land use N C-4 & PUD__ Fast Food Restaurant. Hotel, gas station and vacant commercial. SPUD Westport Commerce Center - undeveloped__ E PUD Forest Glen of Naples W PUD Westport Commerce Center - undeveloped 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). 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 district(s) to the PUD zoning district(s). Present Use of the PropertL': Industrial - undeveloped (I) Industrial__ zoning APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Proposed Use (or range of uses) of the propert3,:- Retail commercial uses consistent x~ith the C-4 zoning district ~-~'~'~'"~ 'f Date subject property acquired (X) leased ( ): es ~.., _, )Ts./mos. Term of lease If, Petitioner has option to buy. indicate date of option' terminates: , or anticipated closing date NA__ and date option Should any changes of ownership or changes in contracts for purchase occur subsequent to the date ofapplica:i,-~. but prior to the date of the final ?ublic 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 bv the application: (If space is inadequate, attach on scoarate page.) If :equest involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies o£ a recent survey (,completed ,,xithin 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: 3__ Township: 50S Range: 26E Lot: Block: Subdivision: Plat Book Page #' Property I.D.#: 34690080008 Metes & Bounds Description: _,The subject property bein.q +,'-I o = ~ · ~ ~,-- acres. is described as: The East ¥2 of the Northeast ¼ of Section 3. Township 50 South, Range 26 East includinq that portion of Tract 1, GATOR GATE, according to the plat recorded in Plat Book 7,. Page 2, of the Public Records of Collier County, Florida, and Tract 2. GATOR GATE. Unit No. 2, accordin.q to the plat recorded in Plat Book 7, Page 54, of the Public Records of Collier County, Florida, Lying therein, Collier County, Florida, except that portion taken for highway purposes, and e.x. cept.: BEGINNING at the northeast corner of Tract 2, GATOR GATE, Unit No. 2, accordinq to the plat recorded in Plat Book 7. Paoe 54. of the PuNic Records of Collier County Florida: Thence alon.q the west line of S.R 951, South 0°, 50', 32" West, 400 feet; thence 572.42 feet alonq the arc of a circular curve concave to the southwest, radius 905.71 feet, chord bearin.q North 44°, 26,', 11" West, 562.93 feet to the south ri.qht-of-way line o S.R. 858: Thence along the south ri.qht-of-way line of S.R. 858, South 89°, 42', 57" East, 400 feet to the Place of Be.qinnin.q, bein.q part of Tract 2. GATOR GATE, Unit No..2. SUBJECT to restrictions, reservations and easements of record. and taxes for the year 1994 a ',r~d~.~o.~. subsequent years. .., ; b,.,~, APPLICATION FOR Pt'BL1C IrtE.qRING FOR Pt'I) REZONE - 10/98 1 ] O. Whether the proposed change will seriously affect properr)/' values in the adjacent area. No. The resulting zonine should have a positive affect on adjacent properties. ]]. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No. The existing use however, contains uses that represent potential deterrents to qualiW commercial development in-the surrounding area. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. This property has been designated as an Activity Center since 1989. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The reasons are primarily market driven. While the property- can be used for Industrial purposes, this would be a less desireable use given the location at the "Gateway" to both Naples and Marco Island. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. No. ]5. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Since this parcel is in an Activity Center and Activin,' Centers were created predominantly for the citing of retail commercial uses, this propert3' has already been designated as an appropriate site for this type of use. 16. The i2hysical chc~racteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The same site alterations would have to be made to use the property for the proposed zoning as would be required for the existing zoning. ]7. 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 [Code ch. 106, art. II], as amended. As identified in the Utility Provisions Statement (attached), adequate capacity exists for public utilities to serve the pr9ject. 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. None. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and acce~~,~ sewer, water, and other utilities. Answered previouslv. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. Yes. The proposed PUD is contained wholly within Activity Center #9 which allows for the full range of commercial uses. The existing land usepattern. The existing land use pattern in the immediate area is one of commercial development including fast food, hotels and motels, sit-down restaurants, gas stations and the like. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts This proposal is entirely consistent ~vith the surrounding land uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. No__~. Whether changed or changing conditions make the passage of the proposed amendment (fezone) necessary. In part, yes. There is an abundance of zoned industrial property North of 1-75 with better access for industrial purposes than this parcel. Those parcels have not fully developed. The increase in residential development of the Collier Boulevard corridor has created a deficiency in the retail commercial area with particular concern to grocery stores or major retail anchors. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. ~No. 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. As indicated in the attached TIS, the potential increase in traffic is acceptable and does not create congestion. In addition, the traffic associated with retail commercial' development is 'similar to that of adiacent attractors as opposed to Industrial traffic, including tractor- trailer and tandem trailer vehicles that are common in Industrial areas. 8. Whether the proposed change u'ill create a drainage problem. No.~,~ 9. Whether the proposed change will seriously reduce light and air to adjacen! are~.s'. No. ['JE? ?t 2000 APPLIC.-~/ION FOR P[ BLIC tlEARING FOR PUD REZONE- 10/98 ~ , 11. Additional Submittal requirements: In addition to this completed application, the follo~ring shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may' be required by the County, a o An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Go 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, by3 calculation and location(s) of the required portion of native vegetation to U (per LDC Section 3.9.5.5.4.). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Adeqv ~cy of evidence of unified control and suitability of any proposed agreements, contr, ct, or other instruments, or for amendments in those proposed particularly as they, ~ay relate to arrangements or provisions to be made for the continuing operation and .:,aintenance of such areas and facilities that are not to be provided or maintained at p blic expense. Findings and recommendations of this type shall be made only after co~: ultation with the count3, attorno'. The requirement for the establish of a m~ ntenance entity for all common areas or utilities that are not dedicated to Collier C.._~. anty is a requirement in the PUD document. 3: ( ;nformity of the proposed PUD with the goals, objectives and policies of the growth ~ .anagementplan. See number 1 above. 5he internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed project is compatible with all adiacent property uses both existing and proposed. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed plan shows the minimum required open space. If the proiect were to be developed as Industrial instead of commercial. the internal landscaping requirements would be substantially less. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate public facilities exist today for the proposed project. o The ability of the subject property and of surrounding areas to accommodate expansion. This project is limited in that it is surrounded by the Westport Commercial PUD and cannot therefore expand to the South or West. Roadways exist to the North and East. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modificalions o f justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed project complies with PUD regulations. Deed Restrictions: The County is legall3' 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 b~ing requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions.. on the subject proper.t)': 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? APPLICATION FOR P['BLIC !tEARING FOR PUD REZONE - 10/98 I PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED .REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified)4 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s)4 13. Application Fee and Data Conversion Fee Check shall_ be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that f9/~e to include all necessary submittal information may result in APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/98 q/ d. 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 PUD REZONE - 10/98 DEC !? 200( Agent/Applicant Signature Date AFFIDAVIT We/1, ~/fid/ff/t~ Y/'//,c~'~Zff~j~,~,J~/, being first duly sworn, depose and say that well am/are the owners of the property descr,~bed herein and which is the subject matter of the proposed hearing,' that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief . Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As propertyowner We/I further authorize ~t~/l/,/~/.fi I~_ . l~/~',~~'~,, ~'~-.~/~-~ to act as our/my representative in any matters regarding this Petition. rty Uwner · Signature q£ Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ! ~-I'~ day of ~'~J,gg 1.~.;e~',V by who is personalb' known to me or has jvroduced ~t',/ IjL /~96, ~q SS5 q6-96&~as identification. State of Florida County of Collier APPLICATION FOR PUBLIC HEARING FOR PUD REZON~ - 10/98 (Signature of Notary Public - State of Florida) Sm ,o Name of A'otary Public) AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF COLLIER The undersigned hereby deposes and says as follows: 1. That she is over 21 years of age and is qualified to make this affidavit. 2. That she is the duly confirmed Successor Trustee of that certain 1973 Land Trust Agreement under which the Trust acquired title to the real property described in Warranty Deed recorded in OR Book 523, Page 3543, Public Records of Collier County, Florida under a certain Amended and Restated Land Trust Agreement dated May 16, 1994. 3. That she has full power and authority under the Trust Agreement and the Amendment thereto to execute this application for rezoning, to appoint agents, and to do all other things necessary to process the zoning request. Further Affiant sayeth not. , ,' Sworn to and subscribed before me this /ff"~day of .~dJ~/~ , 2000 by who [produced jr/_._ L)/- as identification] or [who is personally known to me] and acknowledged that __ executed the same. Notary Public Notary Stamp w/Commission Expiration S~n~ .By: H~ LsserJet GlO0; g416497056; 8ep-9-00 3:32; Page 3/4 TO'I'AL POPLrL, ATION TO BE SERVED: Not Applic:~blc PEAK AND AVEI~a~GE DAILY DEMANDS: A. WATER.PEAK 132.9 GPM AVERAGE DAILY B. SEWER-PEAK 39.5 GPM AVERAGE DAILY 67,578 GpD 22,780 OPD IF PROPOSING TO BE CONNECTED TO COLt J~R COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQLr/RED: .January 2002 10. NARRATIVE STATEMEN'T: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to he used as well as specific statement regarding the method of emuent and sludge disposal fithe pereolatio~ ponds are to be used, the pemolation data and ~oil involved shall be provided fi-om tests prepared and certified by a professional engineer. Not Applicable, Collection System Tying into the Collier County Wastewater System is Proposed. 11. COLIIER COUNTY UTILITY DEDICATION STATEMENT: I.f the project is located within the services boundaries of Collier Cotmty's Utility service5 system, written notanzed atamrnent shall be provided agreeing to dodicate to Collier Count~ Utilities the water distribution and se~'age collection facilities within the project area upon completion of the construction of these faeilitie~ in ~eordance with all applicable County ordinances in effect at the at time. This ~t~tement shall alao include an agreement that the applicable sTstem development chargea and connection fees will be paid to the County Utilities Division prior m the issuance of building permits by the Cottory. If lrpplieable, the statement shall contain an agreement ~ dedicate the appropriate utility easemcllta for $erv'mg the water and r~wer ayatewl$. See Attached Utility Dedication Statement 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for a! the pre-application meeting, if the projoct is to receive sewer or potable water services from any provider other than the County, a staremit from that provider indicating that there is adequate capacity to serve the project shall be provided. Not applicable, Collier County is the planned setMce provider. Udltty l~m¥isit~n St~xrrz-nt RJM 10~15/~/ 8~nt. By: H= LaserJet 3100; 9416497056; Sep-9-0O 3:31; Page 2/4 ~_TATEMENT OF UTIL!~ PROVISIONS FOR STANDARD 1. NAME OF APPLICANT: Linda Maxszalkowski eJo Don Pickworth 2. MAr~.ING ADDRESS: ¢!50 T~m~mi Trait North. Suite 602 CITY N~l~s STATE ~ ZIP 34102 3. ADDRESS OF SLrB.rECT PROPERTY (IF AVAIl.ABLE): SW Comer of Davis Blvd. And CR 951 LEGAL DESCR.IFYION: Sec6on: 3 Lot: Townskip: Block: Plat Book Page. Meets & Bounds D~zription: 50S Range: 26E Subdivision: Property I.D. # TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable ~em): a COLrNTY UTILITY SYSTEM . [] b CITY UTILITY SYSTEM [] c FKANCHISED UTILITY SYSTEM [] PROVIDE NAME d PACKAGE TREATMENT PLANT [] (GPD capacity) ~ SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a COUNTY UTIIJTY SYSTEM [~l b CITY UT]L1TY SYSTEM [] c FP.A.NCH~ED UT~.rrY SYSTEM [] PROVIDE NAME PRIVATB SYSTEM (W'ELL) r-I d 1 of 3 PURCHASE AND SALE AGREEMENT THIS AGREEMENT made as of the date last executed below, by and between Linda Marszalkowski, as Trustee of that certain unrecorded 1973 Land Trust Agreement under which the Trust acquired title to the real property described in Warranty Deed recorded in O.R. Book 523, Page 354, Public Records of Collier County, Florida (the "Real Property") '("Seller"), having an address at 4651 Gulf Shore Drive, Unit 1504, Naples, Florida 34108; and BENDERSON PROPERTY DEVELOPMENT, INC., a New York corporation ("Purchaser"), having an address at 570 Delaware Avenue, Buffalo, New York 14202. RECITALS: WHEREAS, Seller is the owner of the Real Property located at CR 951 and Davis Boulevard, Naples, Collier County, Florida 34114, Parcel I.D. 34690080008, all rights of Seller to all streets, highways, alleys, driveways, parking areas, easements and rights of way relating to the appurtenances thereunto belonging and benefiting the same (collectively the "Property"); WHEREAS, Purchaser desires to purchase, and Seller desires to sell the Property on the terms and conditions set forth herein. TERNIS AND CONDITIONS NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Seller agree as follows: 1. Description of Property. Seller hereby agrees to sell and convey, and Purchaser agrees to purchase from Seller, on the terms and conditions set forth herein, all of Seller's right, title and interest in and to the Property containing + 19.53 acres as is more particularly shown on Exhibit "A" attached hereto and made a part hereof along with all tax refunds due and payable and all of Seller's right, title and interest in and to all intangible property relating to the Property, and any commercial agreements respecting the Property to the extent .the same are assignable by Seller. , 2. Purchase Price. The total consideration for the Pjoperty shall be the sum of - I r'" ................ ,,,,,- ,,, I_1 ~(the "Purchase Price") payable in the following manner: 2.1 Initial Deposit. Immediately after Seller's execution of this Agreement, Seller shall complete a Request for Taxpayer Identification Number and Certification (Form W-9) and deliver same to Purchaser and Escrow Agent. Within five (5) business days after Purchaser's receipt of an executed Form W-9 from Seller and an executed, fu original of this Agreement, Purchaser shall pay to Chicago Title Insurance Comp }ny NAP:22093:5 09/13/2000 WED 11:63 FAX 9~148~$~19 L~u~DA~R ! CA · THIS INDI"NT',JRE, ~d~ ~ 4th d~y o~ April , ~ D. 19 73 ~., ~n ~W~NC~ R. WA~ER ~ ~RTItA L, ~NE.R, lius~,and ~nd JOSEPH ~ASZAL~OWSKZ, as Trustee, with full pow~z and ~d to protect, con~crve,sall, lease, one,bar, 0r othorwis~ manng~ and ~tspose of the real estate herein described. A~hcon, .R'. X. 028.64 VALUABLE CO~IDE~TION~ in ~nd ~d by Ih~ G~n~ec, rec~;~l wher~f ~s Hereby herruby conv~ys ~ lea G(en~e ~he r~ propmr~ ~n CGJK~r County, Fiorldo, decried -.i.,...... ~' ..,-.~{~___~;'3~The ~ast 1/2 of the Not.east 1/4 o~ Section 3, T~nship South, ~ange 26 Dast, imclu~iDg that portion of Trace Gauor Gate, Plat Dook 7, p&ga 2, Collier County Public Re- co=ds. and Tract J2 Gator Gate uDit ~2, Plat Book 7, page 54'. Collier County' Public Rec6rd~, lying' t. hcrein, Collier County. FlorSda o~ce~t chau ~crci0n'=akcn for high~ay'pur- posea, a~d excep.~: BEGINNiI~G at t.h~ [:arCheasterner o~ Tract ~2, CATeR GATE, Unit No. 2, as recorded a~ P!a~ Book 7, page 54, of Public ~ec=rds of Collier Coum~y, Thence along ~he ~'~cs~ line of ~-951, $ou~h 0° 50' 32" Wes=, 400 ft; :h~nce 572.42 ~t. alon~ the arc ~f a circular concave' to ~he Southwest, radio: 905.71 ft., chord bearing ;~orth 440 26' 11" We$t, 562.93 f%. to the South right-of- uay line of.S-858: Thence along ~e Sou~ righ=-of-way line of S-858, South 89° 42' 57" East, 40~ ~t. to the Place o~ BEgi~nlnq being part of Tract 2 of said Gator Ga%~, Uni{ :$o. 2. 003 Lawrence ~{.' WagHog 2-' ~l~r~ha h. 'Wagner ..... ~'&T~ OF KA~tSAS ~W~HCZ R. WAGNER ~nd ~.~RTMA L, WAGNER, ~u~band oc~9~~ bcfmre m, rh~i ~id ~son m~ecuted ~hc ~amc (reply ' ' ' ' ~ ~ m'? ~n~ e~ feel thJ~ ,.? ' .dty o. ' ' ~' , ' . A.D. 1973 ' ,"- "' '~ .' ~ .-. No~'t Public .... Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center Sub- district) on the Future Land Use Map of the Growth Management Plan. This 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 entire Activity Center is eligible for up to 100 percent of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632.5 acres) of the Activity Center. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses are consistent with the Growth Management Plan. It should be noted that this rezone petition does nothing to imp~ict any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the GMP can't have an adverse impact. 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. ENVIRONMENTAL ISSUES: The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site contains 18.45-acres of SFWMD/Collier County jurisdictional wetlands. These consist of hydric pine flatwoods, pine cypress and disturbed land. The proposed project will impact 15.52-acres or approximately 84 percent of the jurisdictional wetlands. The project related wetland impacts will be compensated for by enhancing and preserving 2.93-acres on-site and adjacent to a larger contiguous preserve on the adjacent property. In addition, the PUD requires additional mitigation (5.05 mitigation credits) to be purchased from the Panther Island Mitigation Bank. 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, staff recommends approval of Petition PUD-00-17 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. DEC t2 2000 Agent"), to be held in an interest bearing escrow account, the sum of~/l/~ ~ (the "Initial Deposit" ). 2.2 Additional Earnest Money Deposit. In the event the Rezoning (as hereinafter defined) is completed prior to the receipt of the Environmental Approvals (as hereinafter defined), then, upon the later of (i) the expiration of the Inspection Period or (ii) the completion of the Rezoning, and acceptance thereof by Purchaser in accordance with Section 6 hereof, Purchaser shall pay to Escrow Agent to be held in an interest bearing account the additional sum of ~ (hereinafter the Initial Deposit and, if applicable, the Additional Deposit, shall be collectively referred to as the "Deposit"). 2.3 Use of Deposit. The Purchaser shah receive the benefit of all interest accrued on the said Deposit and shall receive a credit on the total amount of the Deposit plus interest toward the Purchase Price on the Closing Date (as hereinafter defined). Except as set forth in paragraph 5 below, the Deposit shall remain with the Escrow Agent until the Closing Date. The Deposit shall not be delivered to the Seller until such time as the transaction closes or the Purchaser willfully defaults, giving the Seller the right to the Deposit as set forth herein. 2.4 Balance ofPurchasePrice. On the Closing Date (as hereinafter defined), Purchaser shall pay the full balance of the Purchase Price, plus or minus prorations and adjustments in accordance with this Agreement, to Seller in bank wire, bank check or certified check, less the Deposit. 2.5 Default. If Seller is unable to transfer its rights, title and interest to Purchaser in accordance with the terms of this Agreement, Sellefts sole liability shall be to refund the Deposit to Purchaser, and upon such refund, Seller shall be released from all liability under this Agreement. Notwithstanding the foregoing, if Seller willfully defaults under this Agreement, Purchaser shall have the option of either receiving a refund of the Deposit, or of bringing an action for specific performance. If Purchaser shall fail to perform any of its obligations hereunder, Seller's sole remedy shall be to retain the Deposit as liquidated damages, and thereupon Purchaser and Seller shall each be released from all liability under this Agreement. 3. Title. Purchaser shall 'obtain within fifteen (15) days from the Effective Date, (i) complete tax search for the Property dated after the date of th/s Agreement ("Tax Search"), (ii) owner's title insurance co .rn~n,.itment issued by Escrow Agent insuring Purchaser's title to the'Property iq the amount of the Purchase Price ("Title Commitment"), (iii) legible recorded copies of all encumbrances for the Property ("Recorded Documents"), (iv) UCC searches for Seller, any party under which the property has been operated, and previous owners of the Property for the five (5) years prior.to the Effective Date (Florida Secretary of State and the county where the Property is located) ("UCC Searches") (the Tax Search, Title C{ Recorded Documents, and UCC Searches are collectively referred to as Documents"). Immediately after the execution of this' Agreement, Seller shall Purchaser copies of all title material (e.g., title insurance reports and policies) 2 NAP:22093:5 ~ iia"t~gl~A ITEM he ~Title/7~ forward to' in [}~rl~rf~ tOO0 possession, if any. Purchaser may obtain, at Purchaser's expense, a survey of the Property ,(the "Survey"). Purchaser may, in its sole and absolute discretion, disapprove any title exceptions or survey matters set forth on the Title Documents and the Survey and shall notify Seller of any such disapproved title exceptions or survey matters (the "Disapproved Encumbrances"). If within ten (10) days after receipt of notice of the Disapproved Encumbrances, Seller is unable to, to cure, cause the removal of, or obtain title insurance (at Sellefts sole cost and expense) against the Disapproved Encumbrances, then Purchaser will have the option to either (i) waive the Disapproved Encumbrances and proceed to Closing (as hereinafter defined), or (ii) teraainate this Agreen~nt by notice to Seller in which event the Deposit will be immediately refunded to Purchaser. On the Closing Date, (as hereinafter defined) Purchaser shall obtain a "marked up" Title Commitment effectively dated as of the Closing Date, deleting all requirements and the standard exceptions thereunder and insuring any easements that benefit the Property so as to obligate the title insurance company unconditionally to issue to Purchaser an original owner's policy of title insurance in the amount of the Purchase Price subject only to the permitted exceptions acceptable to Purchaser. Promptly following the Closing Date (as hereinafter defined), an owner's policy of title insurance shall be delivered to Purchaser, in accordance with the "marked up" Title Commitment pursuant to this paragraph. Upon the Closing and only in the event of the Closing, the cost of the title search examination, and the title insurance commitment as well as the premium for r2~e rifle insurance policy shall be split equally between Purchaser and Seller. 4. Right to Enter Property and Conduct Testing. During the Inspection Period, Purchaser shall have the right to inspect the Property. In connection therewith, Purchaser or its agents shall have the right to do all environmental, surveying, engineering, soil borings and other tests with respect to the Property. The Property shall be restored by Purchaser to substantially the same condition as it was immediately prior to Purchaser's inspection. 5. Inspection Period. Purchaser shall have a period of ninety (90) days from the Effective Date to determine, in Purchaser's sole and absolute discretion, whether or not the condition of the Property is acceptable (the "Inspection Period"). In the event Purchaser determines that the Property is not suitable then Purchaser may, at Purchaser's sole and absolute discretion, (a) terminate this Agreement and receive a refund of the Deposit, or (b) proceed with the Approval Period. If Purchaser shall not have notified Seller of Purchaser's intent to proceed in writing during the Inspection Period, then the Deposit with all interest accrued thereon shall be returned to the Purchaser and thereupon this Agreement will be considered to have been terminated and Purchaser and Seller shall each be released from all liability under this Agreement. 6. Land Use Approvals. Seller shall, during the period commencing upon the Effective Date, and extending for up to 360 days thereafter (the "Approval Period"), make application for, and use reasonable efforts to obtain the following: ~.t~A (i) any rezoning necessary from Collier. County, Florida, for Pt proposed development of the Property as a commercial center (the "Rezoning' 3 , NAP:22093:5 :chaser ~ - ); 12 2000 I (ii) a construction and operation permit from South Florida Water Management District ("SFWMD") and a construction and operation permit from the Army Corp of Engineers CACOE") for Purchaser's proposed development of the Property as a commercial center, including any necessary wetland mitigation (collectively the "Environmental Approvals "). Items (i), and (ii) above shall be collectively referred to as the "Approvals". The Rezoning shall be subject to the t~llowing provisions' A. Within thirty (30) days after the Effective Date, Purchaser will provide Seller with a site plan in a form complying with Collier County requirements for the submission of a PUD zoning application, along with such supporting information as may be needed by Seller to prepare a PUD Master Plan. The supporting information will be prepared at Purchaser's expense, but will become the property of Seller, for use by Seller in its sole discretion. B. Seller will prepare an application for rezoning to PUD, under a PUD Master Plan Application (the "PUD Application") that will permit Purchaser to construct the commercial center shown on Purchaser's site plan. The PUD Application will be prepared by Seller at Seller's expense, using consultants retained and paid by Seller, and using, in part, the information provided by Purchaser under paragraph A above. Seller will submit the. completed PUD Application to Purchaser prior to submission to the County, and Purchaser will approve or reject the PUD Application within seven (7) business days. C. During the review of the PUD Application by County staff or the Collier County Planning Commission, Seller will submit changes or conditions recommended by the staff or the Collier County Planning Commission to Purchaser for acceptance or rejection and Purchaser will accept or reject such changes within seven (7) business days. D. In the event Purchaser shall reject the PUD Application, or staff or planning commission changes or conditions as set forth above, this Agreement shall be terminated, Purchaser shall l~e entitled to a return of the Deposit, and the parties shall have no further obligation to each other. In the event Purchaser accepts changes or conditions recommended by staff or the Collier County Planning Commission, then Purchaser shall not thereafter have the right to terminate this Agreement on the grounds that such conditions or recommendations were unacceptable. E. Purchaser will have representatives present at the final hearin? PUD Application by the County Commission with appropriate authority to a~ reject at the hearing any conditions of approval proposed by the County Commi the hearing. Prior to final action on the PUD Application by the County Corm Purchaser's representatives will timely inform Seller if such proposed conditi 4 NAP:22093:5 on the ~iss~ 12 21100 ~ns are unacceptable so that Seller may, if Seller so desires, withdraw the PUD Application and retain the existing Industrial zoning. It' Purchaser faiB to inform Seller so that Seller may timely withdraw the PUD Application, Purchaser will be deemed to have accepted the conditions. F. Notwithstanding the foregoing, Seller shall have the right at any time prior to final action by the County Commission on the PUD Application to terminate the Application if Seller shall reasonably conclude, based upon the written opinions of Seller's consultants, either that the approval is unlikely, or that the conditions of approval materially reduce the value or utility of the property. Prior to terminating the Application, Seller shall deliver to Purchaser copies of Seller's consultants' written opinions together with copies of any and all ;onditions of approval upon which said consultants have based their opinions. Upon said deliveE,, Purchaser shall have the option of (i) accepting the conditions of approval as set forth in E above, (ii) waiving the condition precedent of rezoning, or (iii) terminating the Agreement. In the event Purchaser accepts the conditions of approval, seller shall NOT terminate the Application. In the event of termination, Purchaser shall be entitled to a return of the Deposit and the parties shall have no further obligations to each other. G. If the Rezoning is approved, Seller shall be deemed to have delivered the rezoning approval required by this Agreement unless an appeal of the rezoning is timely filed. The Environmental Approvals shall be subject to the following provisions: A. When Seller receives the staff report from the staff of SFWMD containing the recommendations regarding the SFWMD permit, Seller will immediately forward the report to Purchaser, and Purchaser will have seven business days to accept or reject the recommendations contained in the report. If Purchaser accepts the recommendations, then Purchaser will be deemed to have accepted the SFWMD permit unless the governing board of the SFWMD adds additional conditions or stipulations, in which case Purchaser shall have 7 business days from receipt of the permit in its form following governing board action to accept or reject the permit. B. Immediately upon receipt of the unsigned ACOE permit, Seller will forward it to Purchaser, who will have 7 business days to advise Seller whether Purchaser will accept the permit as offered. If Purchaser accepts the permit, then the Seller will be deemed to have delivered this approval, and Purchaser will have no further right to reject the terms and conditions of the ACOE permit, provided it is subsequently issued and signed without material change. C. Under either A or B above, if Purchaser rejects the permits as set forth in the staff report of the unsigned permit, as the case may be, Seller may immediately terminate the agreement, Purchaser shall be entitled to a return of the Deposit, and the parties shall have no further obligations to each other. 2000 Sellers having obtained the Approvals, which shall be final and nonappealable, and subject only to such conditions, stipulations, exactions and requirements as have been accepted by Purchaser as set forth above, shall be a condition precedent to Purchaser's obligation to close the transaction contemplated by this Agreement. The Purchaser shall, however, have the right to waive in writing, this condition precedent in whole or in part. If this condition precedent has not been satisfied or waived, in whole or in part, on or prior to the expiration of the Approval Period, Purchaser shall have the right to elect in writing upon the expiration of the Approval Period to terminate this Agreement, in which event the Escrow Agent shall return the Deposit together with interest earned thereon, to Purchaser, whereupon the parties shall be released from all further obligations hereunder. All wetland mitigation required by SFWMD, and\or ACOE shall be done at Sellefts cost and expense, up to Five Hundred Thousand Dollars ($500,000.00). Without limiting the foregoing in the event SFWMD and/or ACOE will require off-site mitigation of wetlands for Purchaser's proposed development of the Property, such off-site mitigation shall be at Seller's cost, up to such amount of Five Hundred Thousand Dollars ($500,000.00). Purchaser and Seller hereby agree that to the extent the cost of wetland mitigation, including off site mitigation, exceeds such amount of Five Hundred Thousand Dollars ($500,000.00), all excess shall be borne by Purchaser at and following Closing, and only in the event of Closing. 7. Seller's Representations, Warranties and Covenants. Seller represents, warrants and covenants to Purchaser that the following matters are true and correct as of the date hereof and as of the Closing Date: 7.1 Authorization. Seller is the lawful owner of the Property and has full power and authority to enter into this Agreement and perform Sellefts obligations under this Agreement. The party executing this Agreement on behalf of Seller is duly authorized to execute this Agreement and bind Seller. 7.2 Consents. No permit, approval, or authorization of, or designation, declaration or filing with, any governmental authority or any other person or entity on the part of Seller is required in connection with the execution or delivery by Seller of this Agreement or the consummation of the transactions contemplated hereby. 7.3 Litigation, etc. There is no suit, action or litigation, administrative hearing, arbitration, labor controversy or negotiation, or other proceeding or governmental inquiry or investigation known to Seller, affecting Seller or Seller's properties (including, but not limited to, environmental or land use proceedings), pending, or to the best of Seller's knowledge, threatened against Seller which, if resolved adversely, would have an adverse effect on the Property or on the ability of Seller to consummate the transactions contemplated hereby. There are no known judgments, consent decrees or injunctions against, affecting or binding upon Seller. Seller has received no notice of any violations of any governmental law, ordinance, requirement, order or regulation the violation of which would have a m~ adverse effect on the Property or on the ability of Seller to consununate the transal contemplated hereby, and to best of Seller's knowledge after due inquiry Seller has rec no notice of any claimed default with respect to any of the foregoing. 6 NAP:22093:5 1 2 20 7.4 Condemnation. No condemnation action has been filed or threatened against the Property. 7.5 No Other Contracts. There are no unrecorded leases or contracts, or any other agreements which will affect the Property and/or Purchaser from and after the Closing, including, but not limited to any maintenance, repair, service, pest control or supply, management, employment, equipment, equipment rental agreements, or any other agreements used in connection with the Property, except for the billboard lease which is month to month, a copy of which will be delivered to Purchaser during the Inspection Period.. 7.6 No Encumbrances. There are no easements, rights of way, gas, timber, mineral rights, leases or other encumbrances except as set forth in the Title Documents and Seller warrants that it will not encumber the Property without Purchaser's prior written consent. 7.7 Environmental Compliance. Seller represents and warrants that, to the best of Seller's knowledge, without having made inquiry to any third party, it is in compliance with all applicable federal, state and local laws and regulations relating to pollution control and environmental contamination including, without limitation, all laws and regulations governing the generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of hazardous materials (as defined below) and all laws and regulations with regard to record keeping, notification and reporting requirements respecting hazardous materials (as defined below). Seller represents and warrants that, to the best of Seller's knowledge, the Property has never contained nor does it now contain either asbestos, asbestos containing materials, PCB, hazardous materials, or any other toxic materials that have been stored, treated, disposed of or incorporated into, on or around the Property. To the best of Sellefts knowledge, the Property has never been used by previous owners, operators, or Seller to generate, use, collect, treat, store transport, handle, recover, remove, discharge or dispose of hazardous materials (as defined below) and no hazardous materials (as defined below) have been buried, spilled, or disposed of on or within the boundaries of the Property at any time during or prior to Seller's ownership or operation thereof. To Sellefts actual knowledge, Seller has not received any notice of, or been subject to any administrative or judicial proceeding pursuant to such laws or regulations either now or at any time during the past three (3) years. To Seller's actual knowledge, there are no present facts or circumstances that could form the basis for the assertion of any claim' against Seller relating to environmental matter including, without limitation, any claim arising from past or present environmental practices asserted under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 C CERCLA"), the Resource Conservation and Recovery Act ("RCRA") or any other federal, state or local environmental statute. For purposes of this Section, the term "hazardous materials" means materials defined as "hazardous substances", "hazardous wastes" or "solid wastes" in CERCLA, RCRA and in any similar federal, state or local environmental statute. 7.8 Contracts. Seller shall not, without the prior written coz Purchaser, which shaft' ~-ffot ~ee ~nreasonably withheld, enter into, terminate, amend NAP:22093:5 7 AGF_J~A sent DEC 12 2000 PS. any contract or lease with respect to the Property which shall survive the Closing and which cannot be terminated upon at least thirty (30) days prior written notice. 7.9 Operation PendingClosing. Seller shall, at Seller's sole cost and expense, maintain and operate the Property substantially in the same manner in which it maintained and operated the Property immediately before entering into this Agreement, as though Seller were retaining the Property, maintain and keep Seller's insurance, if any, in full force and effect, and pay all outstanding taxes, assessments, maintenance and other charges related to the Property. 7.10 All Taxes. There are no unpaid, but presently payable, taxes or any assessments affecting the Property imposed by any governmental authority and Seller has remitted to the State of Florida or any other governmental authorities the amount of any taxes due in connection with the Property. 7.11 Foreign Person. Seller is not a "foreign person" within the meaning of Section 1445(a) of the Internal Revenue Code of 1986, as amended (the "Code"). 7.12 Zoning. The Property is zoned industrial. The provisions of this paragraph and any other representation, warranty, or covenant set forth in this Agreement shall survive the closing for a period of one (1) year, or if the Closing does not occur, the termination of this Agreement. Said representations, warranties and covenants shall be deemed to be restated and affirmed by Seller as of the Closing Date without the necessity of Seller's execution of any documents with regard thereto. 8. Inspection of Seller's Documents. Within fifteen (15) days from the Effective Date and at all times during normal business hours during the Inspection Period, Seller shall make available to Purchaser, for Purchaser's inspection, at the offices of Seller or Seller's consultants, such plans, studies, documents and reports as Seller has in its possession with regard to the Property, which may include: 8.1 Copies of receipted real estate tax bills for the Property for the past twenty-four (24) months. 8.2 Copies of all utility bills for the Property for the past twelve (12) months along with a list of all utility deposits, if any. 8.3 A copy of the approved site plan, plat and development order, if any, and copies of all zoning and other municipal approvals. 8.4 A copy of any .existing Phase I and Phase II Environmental Reports and any other environmental information relating to the Property. D 'C !2 2000 8.5 A copy of any existing wetland delineations, Phase I and Phase II Environmental Reports geotechnical or other soil reports, and any other environmental information relating to the Property. 8.6 Such other documentation readily available to Seller as Purchaser may reasonably request. 9. Conditions Precedent to Closing. Purchaser's obligation to perform under this Agreement shall be subject to the following conditions precedent: 9.1 Transfer of Documents. Purchaser shall have received all documents as specified in this Agreement. 9.2 Payments by Seller. Purchaser shall have received an amount equal to all payments which are the obligation of Seller under this Agreement. 9.3 Approvals. Unless waived by Purchaser in writing, Seller shall have delivered to Purchaser the Approvals defined in paragraph 6, subject only to such conditions, stipulations, exactions and requirements as are acceptable to Purchaser in its sole discretion. 10. Seller's Closing, Documents. The Property shall be conveyed and transferred by Seller to Purchaser on the Closing Date (as hereinafter der'meal) by the following iastruments to be prepared by Seller at Sellefts sole cost: 10.1 Property. A Trustee's Deed in proper form for recording, duly executed by Seller and acknowledged (the "Deed") so as to convey Purchaser good and marketable title in fee simple to the Property, free and clear of all claims, liabilities, obligations, security interest, liens, judgments and encumbrances except as set forth in Schedule B II of the Title Commitment as "marked up" and approved by Purchaser, and as specifically provided otherwise herein, and such other documents as may be appropriate or necessary to convey the real property interest intended to be conveyed. 10.2 Assignment. A duly executed Assignment assigning to Purchaser (i) the Approvals, and (ii) all tax refunds, including interest thereon, and any tax abatements which may be payable or available with respect to the Property, (iii) any and all other right title and interest of Seller in any and all tangible and intangible rights with respect to the operation and use of the Property, and (iv) all entitlements of a development order, if any. 10.3 Original Documents. Governmental Approvals. Originals of the instruments constituting the 10.4 FIRPTA Affidavit. Revenue Code of 1986, as amended, and the Regulations pursuant thereto, and Purchaser. NAP:22093:$ An affidavit required by Section 1445 of the Internal acceptable to 9 DEC 12 2 00 10.5 No Lien Affidavit. An appropriate and duly executed Seller's Affidavit or other acceptable evidence attesting to the absence of liens, lien rights, rights of parties in possession and other encumbrances arising under Seller (other than the permitted exceptions acceptable to Purchaser) naming both Purchaser and the title insurance company as benefited parties, so as to enable the title insurance company insuring Purchaser to delete the "standard" exceptions for such matters from the owner's policy of title insurance (including the survey exception ) and otherwise insure any "gap" period occurring between the Closing Date and the recordation of the closing documents, 10.6 Closing Statement. A duly executed Closing Statement that complies with the provisions of this Agreement. 10.7 Certifications. Such certifications, affidavits, and materials as shall be required in connection with the issuance to buyer of an owner's title insurance policy. A certification by Seller describing with specificity any items covered by the provisions of paragraph 10 hereof entitled Prorations and Adjusmaents. 10.8 Miscellaneous. Any other documents, instruments or agreements called for hereunder which have not previously been delivered or which are reasonably necessary to close the transaction as contemplated by this Agreement and any documents required by the title insurance company insuring the policy of title insurance in favor of Purchaser. 11. Prorations and Adjustments. Taxes, along with any other obligations Purchaser elects to assume upon Closing, shall be prorated and adjusted between Seller and Purchaser as of midnight on the day preceding the Closing, unless otherwise specifically stated herein. If necessary, utility bills shall be prorated as the Closing Date with Seller responsible for utilities up to the Closing Date and Purchaser responsible for the period on and after the Closing Date. However, Seller shall use its best efforts to obtain a final meter reading of all utilities immediately after Closing, transfer all utilities to Purchaser's name as of the Closing Date and to receive a direct final bill from the provider of the utilities outside of the Closing. 12. Closing. Purchaser and Seller agree that the purchase and sale contemplated by this Agreement will be consummated as follows: 12.1 Title Transfer. Seller agrees to convey all of Seller's right, title and interest in the title to the Property, to Purchaser by the Deed and such other appropriate or necessary transfer instruments necessary on the Closing Date (as hereinafter defined). 12.2 Closing Date. The closing (the "Closing") of this transaction will take place via US mail or overnight delivery with an escrow letter provided to Escrow Agent, within thirty (30) days after the satisfaction or waiver of the conditions precedent set forth in Paragraph 6, hereof. (the "Closing .Date") or on such other date as shall be mutually agreed upon by Seller and Purchaser. 13. Closing Costs. 'ing m~a~ir~.· ~"/'~ NAP:22093:5 The expenses of Closing shall be paid in the folio, 10 13.1 Seller shall pay: Seller's Costs. In connection with the consummation of this transaction, (a) any and all prorations or adjustments required by this Agreement in favor of Purchaser; (b) fees; any and all documentary stamps, transfer taxes and conveyance (c) any and all brokerage commission(s) due to the Broker, if any (as hereinafter defined); (d) one-half (1/2) of the cost associated with the title insurance search, commitment, and policy, insuring up to the Purchase Price, obtained for Purchaser; and (e) Seller's attorneys' fees. 13.2 Purchaser's Costs. transaction, Purchaser shall pay: In connection with the consummation of this (a) all fees in connection with the recording of the Deed; (b) any and all prorations or adjustments required by this Agreement in favor of Seller; (c) commitment, Purchaser; one-half of the cost associated with the title insurance search, and policy, insuring up to the Purchase Price, obtained for (d) the costs of any survey and environmental audit ordered by Purchaser at Purchaser's discretion; (e) Purchaser's attorneys' fees; and (f) the costs. for Escrow Agent fees, if any. 14. Eminent Domain. If, prior to the Closing Date, eminent domain proceedings materially affecting the Property shall be threatened or commenced by any competent public authority against the Propert3,' or any portion thereof which would materially and adversely affect the continued operation of the Property, Purchaser shall have the option to (i) proceed with this transaction and pay the Purchase Price, in which event any compensation paid or payable as a result of such eminent domain proceedings shall be and become the sole pro of Purchaser, or (ii) terminate this Agreement in which event Seller shall retain such ax and the Deposit shall be returned to Purchaser, and all documents furnished or deli, pursuant to the terms of this Agreement shall be returned to the party who furnished then 11 NAP:22093:5 ardno,~ ered ani}EC 1 2 20( I thereafter both parties shall be released from any further liability hereunder. Seller agrees that it shall give to Purchaser written notice of any such threatened or actual eminent domain proceedings within five (5) days after Seller first becomes aware thereof, and upon the giving of such notice, Purchaser shall thereafter have fifteen (15) days within which to exercise the options granted in this paragraph by written notice to Seller and, if Purchaser fails to do so within said fifteen (15) day period, Purchaser shall be deemed to have elected to have terminated this Agreement. If the eminent domain proceedings do not materially affect the Property, Purchaser shall have no right to terminate this Agreement, but shall receive a credit or an assignment, upon transfer of title under this Agreement, of any compensation paid or payable as a result of such eminent domain proceedings. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Purchaser's prior written consent (which will not be unreasonably withheld). 15. Broker's Commission. Seller represents and warrants that Coldwell Banker is an agent of Seller, and Purchaser represents and warrants that Crifasi Real Estate, Inc. is an agent of Purchaser (collectively the "Broker"), and that each respective Broker is the sole broker with which either party has any communications in connection with the sale contemplated by this Agreement. Seller agrees and represents that Seller shall pay the commission earned by the Broker at the time of the Closing, pursuant to Seller's separate agreement with the Broker. Other than Sellefts separate agreement with the Broker, Seller represents and warrants that Seller has not entered into any agreement which might result in the obligation to pay any brokerage commission, finder's fee or other compensation with respect to the transaction contemplated hereby. Purchaser represents and warrants that Purchaser has not entered into any agreement which might result in the obligation to pay any brokerage commission, findefts fee or other compensation with respect to the transaction contemplated hereby. Seller and Purchaser agree to indemnify each other and hold each other harmless from and against any losses, liabilities, damages, costs and expenses (including attorney's fees) incurred by the other by reason of any breach or inaccuracy of the representation and warranty contained in this paragraph. The provisions of this paragraph shall survive the Closing, or if the Closing does not occur, the termination of this Agreement. 16. 1031 Exchange. 16.1 Purchaser's 1031 Exchange. Purchaser hereunder may desire to exchange other propert'~' .of like kind and qualifying use within the meaning of Section 1031 of the Code and the Reguiations promulgated thereunder, for fee title in the Property which is the subject of this Agreement. Purchaser expressly reserves the right to assign it rights, but not its obligations, hereunder to a Qualified Intermediary as provided in IRC Reg. 1.1031 (k)-l(g)(4) at any time on or before the Closing Date. Seller shall cooperate with Purchaser (at no cost to Seller) in effectuating any such exchange. 16.2 Seller's 1031 Exchange. Seller hereunder may desire to exch~ other property of like kind and qualifying use within the meaning of Section 1031 of and the Regulations promulgated thereunder, fee title in the Property which is the 12 NAP:22093:5 11 2 2000 this Agreement. Seller expressly reserves the right to assign it rights, but not its obligations, hereunder to a Qualified Intermediary as provided in IRC Reg. 1.1031 (k)-l(g)(4) at any time on or before the Closing Date. Purchaser shall cooperate with Seller (at no cost to Purchaser) in effectuating any such exchange. 17. Miscellaneous. 17.1 Capacity. Each individual and entity executing this Agreement hereby individually represents and warrants that he and/or it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he and/or it is executing this Agreement to the terms hereof. 17.2 Entire Agreement. This Agreement constitutes the entire Agreement between Purchaser and Seller relating to this sale and supersedes all other prior agreements and representations in connection with said sale. There are no agreements, understandings, warranties or representations between Purchaser and Seller except as set forth herein. 17.3 No Amendment or Waiver. This Agreement shall not be altered, amended, changed, waived, terminated or otherwise modified in any respect or particular unless the same shall be in writing and signed by the parties hereto. 17.4 Notice. Any notice, demands, requests or communication of any kind required or permitted hereunder shall be sufficiently given if sent by (i) overnight carrier, (ii) United States registered or certified mail, postage prepaid, return receipt requested or (iii).. telecopy (with conf'u-mation of receipt thereof), to the parties at their address set forth below or at such other address each may designate from time to time. Any such notice, demand, request or communication should be sent to: If to Purchaser: Benderson Property Development, Inc. 2555 Enterprise Road, Suites 14 & 15 Clearwater, FL 33763-1118 Anention: Alicia H. Gayton, Esq. Telephone: (813) 725-8499 Telecopier:(813) 712-9827 NAP:22093:5 With a contemporaneous copy to: Benderson Development Company, Inc. 570 Delaware Avenue Buffalo, New York 14202 Anention: Blaine S. Schwartz, Esq. Telephone: (716) 886-0211 Telecopier: (716) 886-2269 13 If to S~11er: With a contemporaneous copy to: With a contemporaneous copy to: Linda Marszalkowski, as Trustee 4651 Gulf shore Drive, Unit 1504 Naples, FL 34108 Telephone: 941-261-5278 Telecopier: 941-263-5078 Donald Arthur Pickworth, Esq. Newgate Tower, Suite 602 5150 Tamiami Trail North Naples, FL 34103-2812 Telephone: 941-263-8060 Telecopier: 941-598-1161 Mary A. Marnell, Esq. Ruden, McClosky, Smith, Schuster & Russell Newgate Tower, Suite 602 5150 Tamiami Trail North Naples, FL 34103-2812 Telephone: 941-659-1100 Telecopier: 941-659-1111 Any such notice, demand, request or communication shall be deemed to have been duly given or served on the date shown on the return receipt or other evidence of delivery, if mailed, or on the date shown on the confirmation receipt, if telecopied. 17.5 Governing Law/Venue. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida. The parties agree that any dispute arising out of this Agreement shall be brought in the county where the Property is located. 17.6 Parties. Except as otherwise provided in this Agreement, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. 17.7 Assignment. Purchaser shall have the right to assign this Agreement to an entity controlled by, or under common control with Purchaser, provided such entity must have the financial ability to consummate the transaction contemplated herein. Seller shall not assign this Agreement without the prior written consent of Purchaser. 17.8 Headings. Section headings of this Agreement have been inserted for convenience of reference only and will in no way modify or restrict any provisions hereof or be used to construe any such provision. --'-'"['(~,~/'~"" 14 NAP:22093:5 17.9 Additional Acts. Each party hereto shall from time to time perform such additional acts as the other party may reasonably request to effectuate the intent of this Agreement. 17.10 Interpretation and Enforcement. If suit or action is filed to interpret or enforce this Agreement, the prevailing party shall be entitled to be awarded its reasonable attorneys' fees and disbursements through all appeals in addition to other costs and disbursements allowed by law, including those incurred on appeal. 17.11 Cooperation. Seller shall cooperate with Purchaser should Purchaser elect to assume the mortgage affecting the Property by taking the necessary steps to facilitate and consummate such assumption. 17.12 Severability. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 17.13 Waiver. One or more waivers of any covenant, terms or condition of this Agreement by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. 17.14 Time. Time periods herein of less than six (6) days in computation excludes Saturdays, Sundays, and state or national legal holidays. An time period provided for herein which shall end on a Saturday, Sunday or a state or national legal holiday shall extend to 5:00 p.m. EST of the next business day. 17.15 Waiver of Jury Trial. The Seller and Purchaser each hereby waive any and all right to demand a jury trial in any action for the interpretation of enforcement of tl'fis Agreement. 17.16 Facsimiles and Counterparts. Transmission of the signatures of the parties hereto shall constitute valid and binding execution and shall be deemed original signatures. This Agreement may be executed in counterparts which, taken together shall be deemed one and the same instrument. 17.17 Non-Recording 'Provision. Purchaser agrees not to record this Agreement or any notice or memorandum thereof amongst the Public Records of Collier County, Florida, or otherwise. The recording by Purchaser of this Agreement shall constitute a material breach by Purchaser of this Agreement, entitling Seller to invoke the default provisions hereof. 18. executed by both parties on or before 5:00 p.m. EST on May 11, 2000. NAP:22093:5 Termination. This Agreement shall terminate and be null and void if not /713 19. Effective Date. The "Effective Date" of this Agreement shall be the date on which the last of Purchaser and Seller executes this Agreement and delivers it to the other party (the "Effective Date "). 20. Escrow Agent. Escrow Agent shall receive and hold the deposit as an agent and representative of Chicago Title Insurance Company the applicable title insurance company and not as an agent or representative of Seller or Purchaser. Seller and Purchaser each hereby acknowledge that ~he Escrow Agent is acting solely as an agent and representative for Chicago Title Insurance Company in this transaction, and Seller and Purchaser each hereby waive any and all claim or defense of conflict of interest arising from said representation. This Agreement shall serve as escrow instructions and an executed copy of this Agreement shall be deposited with Escrow Agent. In the event of a termination of this Agreement or a default under this Agreement, the Deposit shall be delivered or disbursed by Escrow Agent as provided in this Agreement. If either party shall declare the other party in default under this Agreement and shall make demand (the "Demand") upon Escrow Agent for possession of the Deposit, said party must provide the other party with a copy of such Demand made upon Escrow Agent. With respect to Demands for the Deposit made by either party, excluding Demands made by Purchaser in accordance with the terms of this Agreement prior to or on the expiration of the Inspection Period, Escrow Agent shall not disburse the Deposit in accordance with any Demands until the demanding party delivers to Escrow Agent evidence (e.g., returned receipt from US Postal Service or over night delivery) of the other party's receipt of the Demand and Escrow Agent has not received written objection to such Demand within three (3) business days following said party's receipt of the copy of such Demand. If Purchaser makes the Demand to Escrow Agent prior to or on the expiration of the Inspection Period, Escrow Agent shall disburse the Deposit in accordance with the Demand without (a) evidence from Purchaser that the Demand was delivered to Seller, and Co) any consent by Seller to the disbursement of the Deposit by Escrow Agent. If any dispute or difference arises between Purchaser and Seller and Escrow Agent is uncertain as to its obligations or if any conflicting Demands shall be timely made upon Escrow Agent, Escrow Agent shall not be required to determine the same or to take any action thereon. Rather, Escrow Agent may await settlement of the controversy or deposit the Deposit into the Registry of the Circuit Court of the county where the Property is located in an interpleader action or otherwise for the purpose of having the respective rights of the parties adjudicated. Upon making such deposit or upon institution of such interpleader action or other actions, Escrow Agent shall be fully relieved and discharged from all further obligations hereunder with respect to the Deposit. 21. Recitals. The recitals of this Agreement are true and correct and are hereby incorporated herein by this reference. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] NAP:22093:5 16 IN WITNESS WHER.EOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. SELLER: PURCHASER: 1973 LAND TRUST .~ ~ Linda Mar~za~owksi, Trustee BENDERSON PROPERTY DEVELOPMENT, INC. By: Wayne M. Ruben D ate: Title: Date: ESCROW AGENT: The undersigned Escrow Agent hereby acknowledges and consents to the terms of the "Escrow Agent" paragraph of this Agreement. The Escrow Agent agrees that the Escrow Agent shall hold in escrow as an escrow agent the Deposit under t_his Agreement and agrees to hold the same in an interest bearing account and in accordance with the terms of this Agreement. RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. By: Date: MARY A. MARNELL, ESQ. NAP:22093:3 17 DEE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. SELLER: PURCHASER: MARSZALKOWSKI TRUST By: Linda Marszalkowksi, Trustee Date: BENDERSON PROPERTY DEVELOPMENT, INC. Date: ? ESCROW AGENT: The undersigned Escrow Agent hereby acknowledges and consents to the terms of the %oEscrow Agent,& paragraph of this Agreement. The Escrow Agent agrees that the Escrow Agent shall hold in escrow as an escrow agent the sum of $100,000.00 as the earnest money deposit under this Agreement and agrees to hold the same in an interest bearing account and in accordance with the terms of this Agreement. CHICAGO TITLE INSURANCE COMPANY Print Name: Title: Date: mydocumcnts/legaldocs/contract/manzalkowski.doc 18 DEC 1 2 2000 SCHEDULE A (legal description) The East 1/2_ of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, including that portion of Tract 1, GATOR GATE, according to the plat recorded in Plat Book 7, Page 2, of the Public Records of Collier County, Florida, and Tract 2, GATOR GATE, Unit No. 2, according to the plat recorded in Plat Book 7, Page 54, of the Public Records of Collier County, Florida, lying therein, Collier County, Florida, except that portion taken for highway purposes, and except: BEGINNING at the northeast comer of Tract 2, GATOR GATE, Unit No. 2, accordin. g to the plat recorded in Plat Book 7, Page 54, of the Public Records of Collier County, Florida: Thence along the west line of S.R. 951, South 0°, 50', 32" West, 400 feet; thence 572.42 feet along the arc of a circular curve concave to the southwest, radius 905.71 feet, chord bearing North 44°, 26', 11" West, 562.93 feet to the south right-of-way line of S.R. 858: Thence along the south right-of-way line of S.R. 858, South 89°, 42', 57" East, 400 feet to the Place of Beginning, being part of Tract 2, GATOR GATE, Unit No. 2. SUBJECT to restrictions, reservations and easements of record, and taxes for the year 1994 and subsequent years. AC.~.J~A IT[ """ DEg 2 2000 AFFIDAVIT OF OWNER STATE OF FLOREDA COUNTY OF COLLIER The undersigned hereby deposes and says as follows: 1. That she is over 21 years of age and is qualified to make this affidavit. 2. That she is the duly confirmed Successor Trustee of that certain 1973 Land Trust Agreement under which the Trust acquired title to the real property described in Warranty Deed recorded in OR Book 523, Page 3543, Public Records of Collier County, Florida under a certain Amended and Restated Land Trust Agreement dated May 16, 1994. 3. That she has full power and authority under the Trust Agreement and the Amendment thereto to execute this application for rezoning, to appoint agents, and to do all other things necessary to process the zoning request. Further Affiant sayeth not. Sworn to and subscribed before me this lff"~day of ~~.e/_.~ , 2000 by. who [produced ~£ D Z- as identification] or [who is personally known to me] and acknowledged that executed the same. Notary Public Notary Stamp w/Commission Expiration " iTeM DEC 1 2 2000 Agent'Applicant Signature Date ArFIDAi r We/Z being .first duly ~orn, depose and say that we/I a~are the owners of the proper~ described herein and which is the subject matter of the proposed hearing,' that all the angers 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 ~ue to the best of our ~owledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Coun~ printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and aY required information has been submitted. As proper~ owner ~/I further authorize ~~ ~ ~~~/ ~T~/~ to act as our/my representative in any matters regarding this Petition. Signature of Proper~ ~ner Typed or Printed Name of Owner T)ped or Printed Name of Owner The foregoing instrument was acknowledged before me this ! ~ day of ]/9.."~.,a by who is personally known to me or has produced ~,/ ~d. ffIO ~q'5'~ US-9~.~as identification. State of Florida County of Collier APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 (Signature of Notary Public - State of Florida) ~t ~ co~.~on cc~ .,~/~c~.s August ~, 2m3 (Print, Type, or Stamp Commiss~ Name of Notary Public) PAGE 17 O] DEC i2 2000 ORDINANCE NO 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE COLLIER COUNTY LAND DEVELOPMENT (!ODE WHICH I'<CLI. rDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COL~rN'TY, FLORIDA BY AMENDING THE OFF1CIAL ZONING ATLAS MAP NUMBERED 0603N; BY CltANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "I" TO "PUD" PLAN%'ED DEVELOPMENT KNO'~ AS 1-75/COLLIER BOULEVARD COMMERICAL CENIER PUD LOCATED ON THE SOUTHWES1 CORNER OF COLLIER BOULEVARI) (CR 951) IN SECTION TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLI.IER COUNTY, ELORIDA. CONSISTING OF lg.542 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Donald A. Pickworth. representing Linda Marszalkowski, Trustee, perthoned the Board of CounD' Conmussioners to change the zoning classification of the herein described real properly NOW, THEREFORE BE IT ORDAINED by the Board of County Commissmners of Collier County. Florida. that: SECTION ONE: The zoning classification of the hereto described real proper~y located m Sectran 3. ]ownship 50 South. Range 26 East. Collier County. Florida. is changed from 'T' to "PUD" Planned Lnit Development m accordance v, tth the /-75/Colher Boulevard £ommercial Center PUD Document, attached herelo as Exhibit "A" and ~ncorporated by reference hetein The Official Zoning Atlas Map numbered 0603N, as described iB Ordinance Number 91-102. the Collier Count5, Land Development Code. is hereby amended accordingly SECTION TWO This Ordinance shall become effective upon Filing with tile Department of State PASSED AND DULY ADOPTED by the Board of County Commissmners of ('ollier Counly. Florida. thin -- day of ,2000 BOARD OF COU~'TY COMMISSIONERS COLLIER COL'NTY. FLORIDA ATTEST: DWIGHT E. BROCK. CLERK BY: JAMES D CARTER, PhD . CHAIRMAN Approved as to Form and Legal SufP~ciency arjon~M ~tudent Assistan~ ('ounty Altorney AGE. I~ A ].~TEM~ DEC 12 2000 1-75 / Collier Boulevard Commercial Center A Planned Unit Development Regulations and supporting Master Plan governing the 1-75 / Collier Boulevard Commercial Center PUD, a planned unit development pursuant to provisions of the Collier County Land Development Code. Prepared for: Linda Marszalkowski, Trustee 4651 Gulf Shore Boulevard, Unit 1504 Naples, FL 34103 Prepared by: Tim Hancock, AICP 5100 Tamiami Trail North Suite 158 Naples, FL 34103 941.403.0223 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: TABLE OF CONTENTS Pa.qe List of Exhibits and Tables Statement of Compliance & Short Title Section Legal description, property ownership and general description, Section Project Development. Section III Commercial areas plan. Section IV General development commitments DEC !2 2000 EXHIBIT A: EXHIBIT B: LIST OF EXHIBITS AND TABLES PUD Master Plan Conceptual Water Management Plan DEC 12 2000 STATEMENT OF COMPLIANCE AND SHORT TITLE The 1-75 / Collier Boulevard Commercial Center Planned Unit Development (PUD) consists of +/- 19.54 acres of land situated at the Southwest corner of the intersection of Collier Boulevard and Davis Boulevard in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. This compliance includes: 1. The entirety of the parcel is located within an Activity Center, referred to as Activity Center #9 in the Future Land Use Element of the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial uses. The Project is permitted a full array of commercial and retail uses consistent with the Collier County Growth Management Plan and the Collier County Land Development Code. The Project location, immediately Southwest of the intersection of Collier and Davis Boulevards will allow for convenient and safe access via these two roads classified as collector or arterial roads in the GMP. 4. The Project will be served by and approved by the Collier County Utilities Division 5. The Project, as proposed, is compatible with adjacent land uses. Access will be provided to the Westport Commerce Center if possible along the Southern boundary of the 1-75 / Collier Boulevard Commercial Center PUD, contingent upon appropriate cross-access easements being recorded. 7. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code (LDC). SHORT TITLE This Ordinance shall be known and cited as the "1-75 / Collier Boulevard Commercial Center Planned Unit Development Ordinance." 2{300 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location an~ ownership of the property, and to describe the existing conditions of the property to be developed under the project name of "1-75 / Collier Boulevard Commercial Center." 1.2 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SlTUA', ED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING PART OF TRACT 1, GATOR GATE, AS RECORDED IN PLAT BOOK 7, PAGE 2, PUBLIC RECORDS OF SAID COLLIER COUNTY, AND A PART OF TRACT 2, GATOR GATE, UNIT 2, AS RECORDED IN PLAT BOOK 7, PAGE 54, OF SAID PUBLIC RECORDS BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S00°28'36"W ALONG THE WEST LINE OF SAID FRACTION FOR 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84; THENCE S89°42'19"E ALONG SAID SOUTH LINE FOR 200.00 FEET TO THE POINT OF BEGINNING; THENCE S00°28'36"W ALONG A LINE PARALLEL WITH AND 200.00 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER FOR 900.00 FEET; THENCE S89042'19"E ALONG A LINE PARALLEL WITH AND 900.00 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 FOR 1012.98 FEET TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE N00°50'42"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 500.04 FEET TO A POINT OF INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 905.71 FEET AND TO WHICH POINT A RADIAL LINE BEARS N63040'35"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36012'47" FOR 572.44 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84; THENCE N89°42'19"W ALONG SAID SOUTH RIGHT-OF-WAY LINE FOR 618.76 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 19.54 ACRES, MORE OR LESS. ASSUMED NORTH BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEARING N89°42'19"W. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Linda Marszalkowski, Trustee 4651 Gulf Shore Boulevard Unit 1504 Naples, FL 34103 Beneficiaries of the trust are: Bertha Wurzel 305 Park Shore Drive, Unit 241 Naples, FL 34103 Joseph F. and Maureen Wurzel One Wells Court Georgetown, MA 01833 Evelyn Alger 3443 Gulf Shore Boulevard, Unit 803 Naples, FL 34103 Tiffany West Spanish Moss Dr. Naples, FL 34108 Connie A. Stine 4651 Gulf Shore Boulevard, Unit 1504 Naples, FL 34103 Linda Marszalkowski 4651 Gulf Shore Boulevard, Unit 1504 Naples, FL 34103 1.5 1.6 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 3, Township 50 South, Range 26 East, and immediately South and West of the intersection of Collier Boulevard and Davis Boulevard in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was (I) Industrial. PHYSICAL DESCRIPTION The Project site is located within the Lely Canal Basin. Flows reach the Lely Canal via a control structure that receives treated stormwater runoff from the on-site reserve for attenuation. Water management facilities for the proposed project are planned to be of the detention and dry detention type consisting of one basin and one reserve. Elevations within the Project site are approximately 11 feet above mean sea level. Control elevation is proposed at 10 feet, which coordinates with the control elevation of the adjacent Westport Commerce Center of 9.5 feet. The entire site is in Flood Zone X. The soil types on the site include Pineda fine sand, and limestone substratum. PROJECT DESCRIPTION The project will consist of +/-19.54 acres of commercial development. The sit~ plan has been configured to take advantage of the location within an existing Activity Center and to maintain market flexibility for future development. Ingress and egress will be provide0 for at both Collier Boulevard and Davis Boulevard. The plan allows for either a single u[e cevelopment such as a shopping center, or less intensive multiple uses on the property such as mixed-use office and retail. 2000 2.1 2.2 SECTION II PROJEC'I' DEVELOPMENT PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Regulations for development of the 1-75 / Collier Boulevard Commercial Center shall be in accordance with the contents of this Document. PUD-Ptanned 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 building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application, All conditions imposed and all graphic material presented depicting restrictions for the development of the 1-75 / Collier Boulevard Commercial Center 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 sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Land Development Code, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. DEC 12 2000 2.3 RESERVE AREA DETENTION ADDITIONAL OPEN SPACE AND DRY DETENTION DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES a. The Project Development Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A," PUD Master Plan The PUD Master Plan also iljustrates necessary water management or detention areas and the general configuration of internal streets. All acreages are approximate. 2.88 acres 1.00 acres 3.95 acres DEVELOPED AREA INCLUDING BUILDINGS, PARKING, ETC. 11.71 acres Total: 19 54 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided in said Division, prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities, including reserve areas. 2.5 AMENDMENTS'TO PUD DOCUMENT OF PUD MASTER PLAN Amendments may be made to the PUD in accordance with Section 2.7.3.5 of the Collier County Land Development Code. DEC I 2 2000 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to ali of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 3.1.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas designated as "C" Commercial on the PUD Master Plan (Exhibit "A".) DEVELOPMENT EMPHASIS The subject property is wholly contained within Activity Center #9, as identified in the Future Land Use Element of the Collier County Growth Management Plan. An automobile service station with convenience store borders the Project to the North and East. The Western and Southern property lines borders the Westport Commerce Center PUD, which contains land uses equal to or greater in intensity than the proposed Project. The North and East property lines border Davis Boulevard and Collier Boulevard, respectively. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this document and the uses contained herein are consistent with the Future Land Use Element of the Collier County Growth Management Plan. USES PERMITTED No building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 10. 11. Unless otherwise provided for in this Section, all permitted uses in the C-3 Commercial Intermediate District in effect as of the date of adoption of this Ordinance. Amusements and recreation services, indoor (groups 7911-7941, 7991- 793,7997,7999). Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28 of the Land Development Code; 5571, 5599 (new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542). Building materials hardware and garden supplies (groups 5231-5261) Business Service~. '.groups 7311-7352, 7359 except airplane, industrial truck. portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding daily newspapers). Communications (groups 4812-4841) including communication towers up to specified height, subject to Section 2.6.35 of the Land Development Code. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the location requirements of Section 2.6.10 of the Land Development Code. Engineering, accounting, research, management and related services (groups 8711-8748). Glass and Glazing work (1793). ,,~._..7Z~ 12. Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes: assisted living facilities pursuant to Section 400.402 F.S. and ch. 58A-5 FA.C.; and continuing care retirement communities pursuant to Section 651 F.S. and ch. 4-193 FAC.i all subject to Section 2.6.26 of the Land Development Code. 13. Health services (groups 8051-8059, 8062-8069, 8071, 8072, 8092-8099). 14. Hotels and motels (groups 7011, 7021, 7041). 15. Miscellaneous repair services (groups 7622-7641) except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair) 16. Motion Picture Theatres (7832). 17. Personal services (groups 7211, 7212, 7215-7217, 7219, 7221-7251, 7261 except crematories, 7291-7299). 18. Real estate (group 6512). 19. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 20. Vocational Schools (groups 8243 - 8299). 21. Any other general commercial use, which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted as of right in this District. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS Minimum Lot Area: 10,000 square feet. Minimum lot width:100 feet. Minimum Yard Requirements: 1. Front yard: 25 feet. 2. Side Yard: 15 feet 3. Rear Yard: 15 feet. 4. Waterfront: 25 feet. 5. From PUD Boundary: 15 feet. Maximum height: 50 feet. Minimum floor area:700 square feet gross floor area on ground floor. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code Landscaping: As required in Division 2.4 of the Collier County Land Development Code. AGENDA ITEM DEC I 2 2000 Platted out-parcels shall provide a minimum Type 'A' perimeter buffer unless located on the boundary of the PUD, in which case the required perimeter buffer for other portions of the project shall be required. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential nor shall lighting be located within 200 feet of residential property. Signs: As required in Division 2.5 of the Land Development Code. Architectural and site design standards. All commercial buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If a surplus of earthen material exists, then its off-site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 of the Land Development Code are applicable. 0EC 17. 2000 1 4.1 4.2 4.3 4.4 4.5 SECTION IV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assigns, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by commitments within this document. PUD MASTER PLAN Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. All necessary easements, dedications, or other ~nstruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The Project is proposed to start construction of infrastructure in 2002. Should the Project not develop in a single phase, the absorption of the entire Project is based upon a mix of uses and is estimated to take seven to ten years. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS Section 3.2.8.4.16.5 of the Land Development Code Street right-of way: Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right-of-way width ~ feet. Pavement width shall be a minimum of 24 feet for two-way traffic. N~.~ DEC 17. ; 000 4.6 TRANSPORTATION All accesses and roadways not located within County right-of-way will be privately maintained by an entity created by the Project Developer, an entity created by the developer, or his assigns. Access onto Davis Boulevard and Collier Boulevard will be limited to those locations generally indicated on "Exhibit A", PUD Master Plan. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. The petitioner shall reserve an additional 25 feet o' right-of-way along the eastern property line for the future widening of C.R 951. 4.7 4.8 4.9 4.10 WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40 F.AC., this Project shall be designed for a storm event of 3-day duration and 25-year return frequency and shall be reviewed and permitted by the SFWMD. UTILITIES County water service is available via water mains located within the adjacent rights-of-way. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. County sewer service is available via force mains located within the adjacent rights-of-way. The Developer is responsible for providing the necessary connections to supply the site with County sewer service. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING If the property is subdivided into two or more parcels, a plat shall be required Work within Collier County rights-of-way shall meet the requirements of Collier County Right-Of -Way Ordinance No. 93-64 as it may be amended from time to time, ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum of 15 percent of the existing native vegetation shall be preserved onsite. A re-vegetation plan for reserve areas which are devoid of native vegetation or which may be impacted during construction shall be submitted to Current Planning Section Staff prior to final plat/construction plan approval. An exotic vegetation, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final sit~~,~A IT~ plan/construction plan approval. No. /'7'~.? BE[: 12 2OO0 4.11 LANDSCAPING FOR OFF-STREET AREAS 4.12 4.13 All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application or unless as otherwise noted in this document. HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted as required by Subsection 2.2.25.8.1 of the Land [)evelopment Code. EXCAVATION Internal roadways that run parallel to excavated water management lakes or detention areas shall be located a minimum of 30 feet from the top of bank or control elevation, whichever is greater. DEC !2 2000 EXHIBIT 'A' Colh~'r 15oulevard [CR 051) Collier Boulevard Commercial Center DUD Master Plan EXHIBIT 'B' EXECUTIVE SUMMARY PUD-84-7(6), GEORGE L. VARNADOE, OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING 951 LAND HOLDINGS, LTD., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A MIXED RESIDENTIAL GOLF COURSE COMMUNITY AND FOR AN AMENDMENT TO THE MARCO SHORES/FIDDLER'S CREEK PUD FOR THE PURPOSE OF ADDING THE LAND BEING REZONED AND CONSOLIDATING THIS AREA INTO THE FIDDLER'S CREEK MASTER PLAN WHILE NOT INCREASING THE TOTAL NUMBER OF DWELLING UNITS AUTHORIZED FOR THE FIDDLER'S CREEK PORTION OF MARCO SHORES. THE AREA TO BE REZONED IS LOCATED IN SECTION 1! AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO DOA-2000-04) OBJECTIVE: To render a decision to rezone 168 acres from "A" Rural Agricultural to "PUD" Planned Unit Development and to consolidate this land into the Fiddleifs Creek portion of the Marco Shores PUD through an action amending the Marco Shores/Fiddler's Creek PUD. CONSIDERATIONS: The property is located in Sections 11 and 14, Township 51 South, Range 26 East. The property has no frontage on any existing public street but is contiguous to Fiddler's Creek on two sides. A residential golf course community is master planned over the entirety of the 168 acres. The master plan includes an extensive series of lakes, which serve both as a water management and amenity function. The master plan connects the land to the existing Fiddler's Creek via an extension of internal roads from the existing Fiddler's Creek Master Plan. The currently authorized number of dwelling units will be extended to the added area, consequently no additional dwelling units are requested with this rezoning action. The added land area will nonetheless be used for residential and golf course related uses. Added Parcel: The subject property lies within the urban coastal fringe area. Its urban designation anticipates the land will eventually be rezoned for an urban land use. DEC 1 2000 The development strategy describes a residential/golf course community, which is consistent with the urban residential designation. No additional dwelling units are requested with this petition and those dwelling units now authorizing in the Fiddler's Creek portion of the Marco Shores PUD are being spread over the enlarged area, therefore reducing the resultant density. Relative to other applicable elements of GMP it should be noted that there is no impact to those elements having level of service relationship, inasmuch as no additional density or intensity of land use is authorized by this petition particularly if one considers the impact that could otherwise occur if this property were developed at the current authorization of three (3) dwelling units per acre or 504 dwelling units. Con-~ervation policies are addressed by development commitments included in the amended PUD document. Open space ratios are being furthered as result of the addition of 109.12 acres of qualifying open space (i.e. golf course/lake/miscellaneous). Clearly the rezoning of the subject property is consistent with all elements of the GMP. Existing: Nothing in the proposed amendment changes the nature of the uses of land for which the Marco Shores PUD was first approved. By virtue of its Development of Regional Impact relationship, and Settlement Agreement, which ultimately established its development strategy, Marco Shores is authorized to complete the development strategy first approved. To this extent it is deemed vested. The proposed amendments do not rise to the level where any inconsistency with elements of the GMP may rise. In fact, this amendment will further reduce the density assigned to the Fiddler's Creek portion of Marco Shores. Compatibility- Inasmuch as the development strategy for the added land area is merely an extension of the Fiddler's Creek residential/golf course theme on two sides it is clearly compatible with Fiddler's Creek. Undeveloped land and mobile home subdivision abut the west and north sides of the added land area. The low density and open space nature of the development of this land is clearly compatible to the properties on the west and north boundaries. Traffic Engineering- Because the area to be added has no frontage on the counties arterial road system there were no engineering requirements relative to internal roads interfacing with the arterial highway system. Similarly because this petition does not result in any increase in density or intensity of development therefore, there is no effect on levels of highway service currently characterizing the arterial road network within its radius of development influence, and is therefore consistent with the traffic circulation element of the GMP. In regards to inter-connectivity the added land is accessed from the Fiddler's Creek internal road system. The Fiddler's Creek Master Plan depicts a system of internal collector road that allow the development within the Fiddler's Creek community to access both Collier Boulevard and the East Tamiami Trail (U.S. 41). The mobile home communities to the west are accessed from Collier Boulevard via internal streets. No transportation objective is seen by requiring interconnection to Fiddler's Creek. The northern undeveloped property has the ability to gain access from the East Tamiami Trail and Manatee Road. Again, inter-connectivity with Fiddler's Creek is not necessary nor would it achieve any desirable transportation objective. DEC 12 20'00 FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. When this development was first approved an analysis was made of the potential income stream resulting from the levy of various impact fee charges. Because this petition adds no additional dwelling units there will be no additional impact fees resulting from this development with the exception of impact fees related to golf course development. In .addition to the impact fees described there are building permit review fees and associated will connecting to the County's sewer and water system. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated by the ad valorum tax depends on the value of the improvements. It should be appreciated that notwithstanding fiscal impact relationship development takes place in an environment of concurrency relationships. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORICAL/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. DEC t 2 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has processed this petition in the manner prescribed by our operating procedures which includes reviews by all related jurisdictional county agencies. This review culminated in the preparation of a technical support which was presented to the Collier County Planning Commission on November 2, 2000. Planning Services staff recommended that the CCPC recommend approval of Petition PUD-84-7(6) to the County Board of Commissioners as described in the amending ordinance for Fiddler's Creek. EAC RECOMMENDATION: This petition was not heard by the EAC becau3e the lands which comprise this petition are part of the Deltona Settlement Area which designed development areas which include the land that is the subject of this petition. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on November 2, 2000. They unanimously recommended approval of the amendment do the Fiddler's Creek portion of the Marco Shores PUD. No person spoke or otherwise communicated any objection to this approval. Therefore this petition is scheduled for the Summary Agenda. D BY: P RONALD F. NINO, ~ CP CURRENT PLANNING MANAGER DATE REVIEWED BY: APPROVED BY: g/admin/PUD~84-7 ( 6 )/RN/cw DATE DATE AGENDA ITEM TO: FROM: DATE: PETITION NO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 4, 2000 PUD-84-7(6), MARCO SHORES/FIDDLER'S CREEK (COMPANION ITEM TO DOA-2000-04) OWNER/AGENT: Agent/Owner: Mr. George L. Vamadoe Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Applicant(s) 951 Land Holdings, Ltd., a Florida Limited Parmership; GBFC Development, Ltd., a Florida Limited Parmership; GB Peninsula, Ltd., a Florida Limited Parmership; DY Land Associates, Ltd., a Florida Limited Parmership; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; James E. Williams, Jr. and Dianne R. Williams, husband and wife (3470 Club Center Blvd., Naples, FL 34114) REQUESTED ACTION: This petition seeks to rezone 168 acres from "A" Rural Agricultural to "PUD" Planned Unit Development and to consolidate this land into the Fiddler's Creek portion of the Marco Shores PUD through an action amending the Marco Shores/Fiddler's Creek PUD. GEOGRAPHIC LOCATION: The property is located in Sections 11 and 14, Township 51 South, Range 26 East. The property has no frontage on any existing public street but is contiguous to Fiddler's Creek on two sides. 1 A~A .,.,.,,,DEC 12. PURPOSE/DESCRIPTION OF PROJECT: A residential golf course community is master planned over the entirety of the 168 acres. The master plan includes an extensive series of lakes, which serve both as a water management and amenity function. The master plan connects the land to the existing Fiddler's Creek via an extension of internal roads from the existing Fiddler's Creek Master Plan. The currently authorized number of dwelling units will be extended to the added area, consequently no additional dwelling units are requested with this rezoning action. The added land area will nonetheless be used for residential and golf course related uses. SURROUNDING LAND USE AND ZONING: Added Area Existing Use: The existing use of the added area is undeveloped but consist of historic agricultural fields and in part contains a mixture of native upland and wetland systems. The site is currently used for grazing cattle. The land is zoned Agricultural. Surrounding: The added land area lies adjacent the Fiddler's Creek PUD on two sides namely the east and south sides. Development is currently underway consistent with the Fiddler's Creek Master Plan. To the north of the added land the land is undeveloped, former agricultural use land, which is also zoned agricultural. West of the added land the land lies adjacent to mobile homes subdivision, which land is zoned for mobile homes. Existing Marco Shores/Fiddler's Creek: In view of the vested nature of the Marco Shores PUD any discussion of surrounding land uses is superfluous at least with respect to compatibility. The amendments to the PUD being requested in fact reduces density and increases the total amount of open space. Marco Shores, and in particular the Fiddler's Creek (Unit 30) portion thereof will continue to be a mixed-use residential development. Fiddler's Creek is actively under development for the approved development strategy. GROWTH MANAGEMENT PLAN CONSISTENCY: Added Parcel: The subject property lies within the urban coastal fringe area. Its urban designation anticipates the land will eventually be rezoned for an urban land use. The development strategy describes a residential/golf course community, which is consistent with the urban residential designation. No additional dwelling units are requested with this petition and those dwelling units now authorized in the Fiddler's Creek portion of the Marco Shores PUD are being spread over the enlarged area, therefore reducing the resultant density. 2 Relative to other applicable elements of the GMP it should be noted that there is no impact to those elements having level of service relationships, inasmuch as no additional density or intensity of land use is authorized by this petition. Conservation policies are addressed by development c~.mmitments included in the amended PUD document. Open space ratios are being furthered enhanced as result of the addition of 109.12 acres of qualifying open space (i.e. golf course/lakes/miscellaneous). Clearly the rezoning of the subject property is consistent with all elements of the GMP. Existing: Nothing in the proposed amendment changes the nature of the uses of land for which the Marco Shores PUD was first approved. By virtue of its Development of Regional Impact relationship, and Settlement Agreement, which ultimately established its development strategy, Marco Shores is authorized to complete the development strategy first approved. To this extent it ~s deemed vested. The proposed amendments do not rise to the level where any inconsistency with elements of the GMP may rise. In fact, this amendment will further reduce the density assigned to the Fiddler's Creek portion of Marco Shores. I-HSTORIC/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 a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Service Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Engineering and Construction Management Department. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. This staff review did not raise any issues that required specific attention in the PUD document by way of development stipulations. This petition was not referred to the Environmental Advisory Council because of its location within the area of the Deltona Settlement Agreement; however, environmental planning staff reviewed the environmental conditions of the land area which is being added to the PUD for critical habitat functions. Their review acknowledged that historical agricultural practices resulted in the removal of any critical habitat. 3 ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a fact of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based as this applies to added area (i.e. 168 acres). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Added Parcel 168 Acres: 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. That evaluation indicated that residential development on the 168 acres will result from shifting a portion of the authorized number of housing units approved for Marco Shores/Fiddler's Creek as amended. 4 Therefore, the subject property will not be used to achieve additional dwelling units. As amended the gross density for Fiddler's Creek will be 1.53 dwelling units per acre, a reduction from the currently authorized 1.59 dwelling units per acre. Development of the property as proposed will mean that 504 otherwise authorized dwelling units will not be constructed. Compatibility - Inasmuch as the development strategy for the added land area is merely an extension of the Fiddler's Creek residential/golf course theme on two sides it is clearly compatible with Fiddler's Creek. Undeveloped land and mobile home subdivisions abut the west and north sides of the added land area. The low density and open space nature of the development of this land is clearly compatible to the properties on the west and north boundaries. Traffic Engineering - Because the area to be added has no frontage on the counties arterial road system there were no engineering requirements relative to internal roads interfacing with the arterial highway system. Similarly because this petition does not result in any increase in density or intensity of development therefore, there is no effect on levels of highway service currently characterizing the arterial road network within its radius of development influence, and is therefore consistent with the traffic circulation element of the GMP. In regards to inter-connectivity the added land is accessed from the Fiddler's Creek internal road system. The Fiddler's Creek Master Plan depicts a system of internal collector roads that allow the development within the Fiddler's Creek community to access both Collier Boulevard and the East Tamiami Trail (U.S. 41 E). The mobile home communities to the west are accessed from Collier Boulevard via internal streets. No transportation objective is seen by requiting interconnection to Fiddleifs Creek. The northern undeveloped property has the ability to gain access from the East 'Iamiami Trail and Manatee Road. Again, inter-connectivity with Fiddler's'Creek is not necessary nor would it achieve any desirable transportation objective. Open Space Preserve Areas - Approximately sixty-five (64.88) of the added property qualifies as open space, irrespective of the open space that is established with each residential site or project (i.e. setbacks, buffers, etc.). Well in excess of sixty (60) percent of the Fiddler's Creek community is devoted to an open space function. Infrastructure - A wastewater collection and disposal system and potable water supply system will be constructed throughout the Fiddler's Creek development area. These systems will be connected to the County's wastewater and potable water systems. No additional construction of county utilities is required to serve Fiddler's Creek. Approval of this project will result in improvement to area wide storm drainage, because specific development commitments were made to provide easements to facilitate storm drainage to properties lying north of U.S. 41 and north of Section 13, now experiencing flooding from time to time. Those improvements together with the liberal use of land by bodies of water both for water management and amenity enhancement should positively affect historically poor drainage characteristics on adjacent lands. Development of the subject property is not expected to exacerbate the storm water drainage condition in the area. Discharge rates are limited by Code. This project will further be subject to permitting for surface water management by the SFWMD. Development will be subject to further analysis for code related requirements that come in to play when final development permits are requested. 5 CE3 i2 2000 Community Facilities and Services - Convenience and comparison shopping opportunities are available within a short driving distance of Marco Shores/Fiddler's Creek. The Community Facilities Plan Map iljustrates both existing (Manatee Education Center) and planned schools and providers of emergency services. PUD Development Standards and Master Plan: Residential Mixed Housing - The development standards that will apply to development of the expanded Fiddler's Creek land area will be the same as those now authorized in the current Fiddler's Creek /Marco Shores PUD. Those standards are similar in nature to the standards commonly employed in PUD's throughout Collier County. The current development standards are designed to prevent indiscriminate mixture of different housing types and to establish appropriate spacing between multi-st¢ ry buildings and one and two story buildings. Master Plan - For all practical purposes the subject property is merged with that portion of the Fiddler's Creek PUD lying west all the way to C.R. 951 and north to U.S. 41. The Master Plan establishes an additional connection with U.S. 41. A collector road system runs throughout the enlarged Fiddler's Creek project making it convenient for residents to access the external road system. This is consistent with neighborhood design theory. Amendments to Existing Marco Shores/Fiddler's Creek PUD - A PUD amendment is not a rezoning in the sense that the action rezones property from one zoning district classification to another, each with different land use and/or density/intensity agendas. This amendment does not change the principal land use strategy or cause development standards to be amended that would otherwise increase the density and intensity that is allowed under the current PUD. In view of this condition it is the opinion of staff that the required findings for standard and PUD fezones do not apply to the existing Marco Shores/Fiddler's Creek area in recognition of the fact that when the property was initially rezoned the decision to approve the Marco Shores PUD was based upon a preponderance of evidence and conditions which supported the required findings for both standard and PUD rezoning actions. Additionally, the Marco Shores/Fiddler's Creek was only recently amended. Marco Shores/Fiddler's Creek was subjected to a comprehensive review, which resulted in amendments that are consistent with the way we currently regulate development. Therefore, we have taken the position, particularly in light of the recent approvals, to not address impacts or consistency relationships as these apply to the current Marco Shores/Fiddler's Creek PUD. The only modifications to be made to the Marco Shores/Fiddler's Creek PUD is to legally incorporate the 168 acres into the PUD, and to make the necessary changes to tables or other areas representing acreage's and density attributable to the addition of the 168 acres. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-84-7(6) being a petition to rezcme certain property from "A" Rural Agricultural to "PUD" Planned Unit Development and to amend the Marco Shores/Fiddler's Creek PUD for the purposes of incorporating this land into the Fiddler's Creek portion of the Marco Shores PUD as described by the Draft Ordinance and Exhibits thereto made a part of this staff report. 6 REVIEWED BY: //~-"<"~'~'-~ AICP ~/RT J. MULHERE, PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: Petition Number PUD-84-7(6) Staff Report for October 19, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: .JD-84-7(6)/STAFF REPORT/RN/im DATE DATE DATE 7 AG,F_h4DA I~.M FINDINGS FOR PUD PUD-84-7(6) 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 th~ 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 increase in land area and changes to the development strategy are not of a material nature inasmuch as no additional intensity or density will result from the change. (ii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iii)Comprehensive multi-discipline analysis supports the suitability of the land for the uses proposed. Con: (i) None. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies, which require supplementing the PUD document, will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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. o Finding: Documents submitted with the application provide evidence oftmiffed 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 entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use- Urban-Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. 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 through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 2 A~J~DA DEC The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. See Finding No. 1, also applicable to 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 system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating form 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. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. g/admin/PUD-84-7(6)/Findings/RN/im 3 REZONE FINDINGS PETITION PUD-84-7(6) 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. Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation a well a the adopted CCPC staff report addresses this same finding. The existing land use pattern. Pro/Con: Evaluation not applicable. Added Area Existing Use: The existing use of the added area is undeveloped but consist of historic agricultural fields and in part contains a mixture of native upland and wetland systems. The site is currently used for grazing cattle. The land is zoned Agricultural. Surrounding: North - The added land area lies the Fiddler's Creek PUD on two sides namely the e~t and south sides. Development is currently underway consistent with the Fiddler's Creek Master Plan. To the north of the added land the land is undeveloped, former agricultural use land which is also zoned agricultural. West of the added land the land lies adjacent to mobile homes subdivision which land is zoned for mobile homes. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is approl ~ -l- DEE 7.0 0 /b adequate infrastructure, nearby urban development supports the timing relationship and justifi¢ revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) A residential golf course community represents the optimum end of preferred development strategies based on historical development trends. (ii)The County's land use policy as reflected by the FLUE supports the proposed land use strategy. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain natural vistas, which they enjoy, in their daily movements. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. 2 2000 ,.,./? 10. (iii) The goal of establishing a more traditional neighborhood with its own services and recreational :facilities should constitute a public benefit by external trips and therefore conserving highway capacity. convenience discouraging Con: (i) As urban intensification increases, there is some loss of comfort and eat of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet- flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. 11. 12. 13. (ii) A successfully developed residential/golf course community would typically enhance th value of adjacent undeveloped land. Con: (i) The is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the nearby environs. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner aa ~' contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Findings: The subject property is zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Property located within the Urban boundary is expected to be rezoned to a zoning classification deemed consistent with the FLUE. 4 I  C,F_I~DA ITF.~ 2000 Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro/Con: Evaluation not applicable. 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. 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. Findings: This site is zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. 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. Findings: The site will be altered to the extent necessary to execute the development strategy. 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. Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g/admin/PUD-84~7(6) Rezone Findings/R.N/im -5- APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: Date Petition Receive& Planner Assigned: v~.~2 ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): GB Peninsula Ltd, a Florida limited partnership; 951 Land Holdings, Ltd., a Florida limited partnership; James E. Williams and Diane R. Williams, Husband and Wife; Charles R. Markham, Trustee of the Charles R. Markham Trust dated September 15, 1982; and Mark Woodward, Trustee Applicant's Mailing Address City Naples 3470 Club Center Blvd. State Florida Zip 34114 Applicant's Telephone # Name of Agent George L. Anderson, P.A. Agent's Mailing Address801 Laurel Oak Drive, Suite 300 City Naples State Florida Agent's Telephone # (941) 59%2814 Fax # (941) 434-2030 Varnadoe, Esq. Fax # (941) 434-5333 Firm Young, van Assenderp, Varnadoe &, Zip 34108 (941) 597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941)643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 GEL: i2 2000 P 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 James E. Williams, Jr., and Diane R. Williams, husband and wife Percentage of Ownership Undivided 1/2 interest as to 157 acre parcel b0 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address 951 Land Holdings, Ltd. Percentage of Ownership 100% as to 10 acre parcel If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Charles R. Markham, Trustee of the Charles R. Markham Trust dated September 15, 1982, with full power and authority to sell, convey, assign, mortgage and otherwise deal with said property. Percentage of Ownership Undivided 1/2 interest as to the 157 acre parcel P ig-e 2 o£ i6 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 See attached Exhibit "A" Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A Date of Contract: March 2, 1999 (157 acre parcel) Name and Address Mark J. Woodward, as Trustee Percentage of Ownership 100% (as to 157 acre parcel) If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A Date subject property, X acquired March 14, 2000 (10 acre parcel) leased [] Term of leaseyrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and dat Pa ~3 0£ io o 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 heating, 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: 11 & 14 Township: 51 South Rm~ge: 26 East Lot: Block: Subdivision: Plat Book: __ Page #: Property I.D.#: Metes & Bounds Description: See attached Exhibit "B" - Legal Description Size of property:.2764.29 ft. X 2540 ft. less 124.29 ft X 1320 ft and less 560 ft X 1320 ft = 6,118,034 Square feet = Acres 157+ Size of property: 660 ft. X 660 ft. = Total Sq. Ft. 43,560 Acres 10± Address/general location of subject property: Approximately I 1/2 miles east of State Road 951 and 1 mile south of U.S. 41, immediately north of Fiddler's Creek/Marco Shores Development of Regional Impact. OEC 2 2000 Page 4 of 16 Adjacent zoning and land use: Zoning N P S PUD E PUD W M.H./G.H. Land Use County Park Fiddler's Creek DRI/PUD Fiddler's Creek DRI/PUD Mobile Home Park 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.) Sections:l 1, 13, 14, 15, 21, 22, 23, 24, 26 & 33 .. Township: 51 S Range: 26 E Sections: 13, 14, 15, 21,22, 23, 24, 27 & 28 ~ Range: 26 E Lot: Block: Plat Book: Metes & Bounds Description: Contiguous Property_ Page #: Township:. 52 S Subdivision: Property I.D.#: See attached legal description Exhibit "C" - Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Agriculture A o Proposed Use (or range of uses) of the Property: Incorporation into the Fiddler's Creek/Marco Shores Planned Unit Development Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Co Land Development Code, staff's analysis and recommendation to the Plannin Commission, and the Planning Commission's recommendation to the Board Commissioners shall be based upon consideration of the applicable criteria no F lier ~'~ws~ f County n ted 1~. ~ 2000 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. See attached Exhibit "D." Standard Regone Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. o The possible creation of an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in lhe neighborhood Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Whether the proposed change will create a drainage problem. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. 11. Whether the proposed change will seriously affect property values in the a~ area. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Page r-'- !2 ?00r 12. Whether the proposed change will constitute a grant of speciaI privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the n eds 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 physica! 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 consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Regone Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of th! growth management plan. The internal and external compatibility of proposed uses, which conditions Page 7 include restrictions on location of improvements, restrictions on design, and bufJkring and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject propoerty and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. o Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous !and 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? N/A Additional Submittal Requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; Do If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8 1/2" 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 tl ,~ Environmental Advisory Board (EAB), or CCPC]; Page 8 go 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, An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), 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 locations) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited o required state or federal permits. Page 9 of 16 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 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 eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 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 ! .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: 2. 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development Page DEC 12 2000 p~...~o 0of 16 TRAFFIC IMPACT STATEMENT frls) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or fezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transpo:'tation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual a'~erage and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the cur-rent traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Residential Distance 5 Miles or as. required by DRI Other (commercial, industrial, institutional, etc.) 0- 49, 999 Sq. Ft. 2Miles 50,000- 99, 999 Sq. Ft.3 Miles 100,000 - 199, 999 Sq. Ft.4 Miles 200,000 - 399, 999 Sq. Ft5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles~from the AGENDA ITE.~ proposed project rather than a geometric radius. ~-'-" 12 2000 Pa 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included ms 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. 2000 Page12of 16 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT(S): GB Peninsula Ltd, a Florida limited partnership; 951 Land Holdings, Ltd., a Florida limited partnership; James E. Williams and Diane R. Williams, Husband and Wife; Charles R. Markham, Trustee of the Charles R. Markham Trust dated September 15, 1982; and Mark Woodward, Trustee MAILING ADDRESS: 3470 Club Center Blvd. CITY Naples STATE Florida ZIP 34114 Address/general location of subject property_: Approximately 1 1/2 miles east of State Road 951 and 1 mile south of U.S. 41, immediately north of Marco Shores Development of Regional Impact. LEGAL DESCRIPTION: Section: 11 & 14 Township: 51 South Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: 26 East See attached Exhibit "B" - Legal Description TYPE a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM de OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME Page13of 16 d. PRIVATE SYSTEM (WELL) 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 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. Ifpercolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. See Exhibit "E"-Statement of Utility Provisions. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10-17-97 Page14of 16 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) 1 X 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified)4 X 8. Completed Utility Provisions Statement (with 4 X required attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 N/A Application 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s)4 N/A 13. Application Fee, Check shall be made payable to X Collier County Board of Commissioners 14. Other Requirements- Sketch & description of 4 X propert3,, Water Management Plan As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is in this s bmitta~tand that failure to include all necessary submittal information may re~ the process of this petition. A~t~pplicant Signature ~ ~~te~ P~¢ 15 o£ 16 AFFIDAVIT I, George L. Varnadoe beingfirst duly sworn, depose and say that I am the duly appointed Agent of the owners of the property described herein, as evidenced by the Joint Consent and Appointment of Agent attached hereto as Exhibit "G"; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. Geo~Jge~. Varnadoe, Agent State of Florida County of Collier The foregoing instrument was acknowledged before me this oOq//~day of O//)Ll._~ 2000, by George L. Varnadoe, as Agent, who is ~personally known to rn~ or [.J has produced as identification. II~W'.~ ~ COUMISS~ON, CC 773734 Ii '~l~',.J~ EXPIRES: January 9, 2003 ~1 ¢ ~'o~ry'Public f.~tate o/l~lorida) . (Print, Type, or Stamp Commissioned Name of Notar), Public) G:\uscrs\dhc\clk\Fiddler's Crcck\Rczone Application Final 2.wpd Page16of 16 PETITION NUMBER I I I DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING I I I Name of Applicant(s): 951 Land Holdings, Ltd., a Florida limited partnership; GBFC Development, Ltd., a Florida limited parmership; GB Peninsula, Ltd., a Florida limited partnership; DY Land Associates, Ltd., a Florida limited partnership; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; James E. Williams, Jr. and Dianne R. Williams, husband and wife. Applicant' s Mailing Address 3470 Club Center Blvd. I City Naples State Florida Zip 34114 I Applicant's Telephone # (941) 434-2030 Fax # (941) 434-5333 I Is the applicant the owner of the subject property? X Yes No I I (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. I x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. I (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. I (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. I (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. I I I See attached Exhibit "A" (If space is inadequate, attach on separate page.) Page I of 3 DEC I 2 2000 I I I I I I I I I I I I I I I Name of Agent George L. Varnadoe, Esq. Firm Young, van Assenderp, Vamadoe &, Anderson, P.A:. Agent's Mailing Address801 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone # (941) 597-2814 Fax # (941) 597-1060 See attached Exhibit "C", Joint Consent Appointment of Agreement PUD ORDINANCE NAME AND NUMBER: Marco Shores/Fiddler's Creek Planned Unit Development; Ordinance 84-42 as amended by Ordinances 88-48, 89-34, 96-42, 96- 74 and 98-13. 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. Sections:11,13, 14, 15, 21, 22, 23, 24, 26, & 33 Sections:13, 14, 15, 21,22, 23, 24, 27, & 28 Lot: Block: Plat Book: Page #: Metes & Bounds Description: Township:. 51 S Range:. 26 E Township:.52 S Range: 26 E Subdivision: Property I.D.#: See attached legal description Exhibit "B" ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Approximately 1.5 miles east of State Road 951 and 1 mile south of U.S. 41 I [ I o 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). Yes. Sections: Township: ~ Range: Sections: Township: ~ Range: Page 2 of 3 AGEJ'¢~A ITEM I I I I I I I I I I I I I I I I I ! I Lot: Block: Plat Book: Page #: Metes & Bounds Description: Subdivision: Property I.D.#: 7. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment X C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No Ifno, explain: X Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). This proposed change to the Fiddler's Creek DRI is an addition of two parcels of land totaling approximately 168 acres, bringing the size of the Fiddler's Creek DRI to a total of approximately 3,932 acres. The approved Master Plan of the Fiddler's Creek DRI is being revised to include the additional 168 acres, which will be utilized for golf course and the relocation of some of the previously approved 6,000 residential units within the Fiddler's Creek DRI. The revised Master Plan, depicts the additional 168 acres and the internal changes to the plan of development for Fiddler's Creek. The proposed change will not increase either the 6,000 previously approved residential units or the amount of approved commercial use within Fiddler's Creek. AFFIDAVIT The undersigned, being first duly swom, deposes and say that he is the authorized agent for the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. The undersigned has been authorized to act as the owners representative in any matters regarding this Petition, pursuant to the Joint Appointment of Agent attached here to as Exhibit~~~nt. 6e-org L. v areadoe, Esq. F:~u~lhc~clkXYiddle~s Creek'~PLTD Amendment Application Final llw~l Page 3 of 3 Consent and I I I I I I I I I I I I I I I I Exhibit "A" Principals of Business Entities 951 Land Holdings, Ltd., a Florida limited partnership, the general partner is 951 Land Holdings, LLC, a Delaware limited liability company, which owns a. 1% interest, and the limited partner is Fiddler's Creek, LLC, a Delaware limited liability company, which owns a 99.9% limited partnership interest. GBFC Development, Ltd., a Florida limited partnership, its general partner is GBFC Development LLC, a Delaware limited liability company, which owns a. 1% general partnership interest, and the limited partnership interest is owned 99.9% by Fiddler's Creek, LLC. GB Peninsula, Ltd., is owned 1% by the general partner GB Peninsula, Inc., a Florida corporation, and 99% by the limited partner Aubrey J. Ferrao. o DY Land Associates, Ltd., is a Florida limited partnership, the general partner is DY Associates, LLC, a Delaware limited liability company, which owns. 1% general partnership interest, and the balance of 99.9% limited partnership interest is owned by Fiddler's Creek, LLC. G:\users\dhc\clk\Fiddler's CreekSExhibit A-Identity of Principals.wpd o,.-~ 6~ 'tJ'S _./"76 2000 I I I I I I I I I I I I I I I I I I I JOINT CONSENT AND APPOINTMENT OF AGENT This Joint Consent and Appoimment of Agent is made this day of May, 2000, by 951 Land Holdings, Ltd., a Florida limited partnership (hereinafter referred to as "951 Land"); GBFC Development, Ltd., a Florida limited parmership; GB Peninsula, Ltd., a Florida limited partnership; DY Land Associates, Ltd., a Florida limited parmership; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; James E. Williams, Jr., and Dianne R. Williams, husband and wife, (hereinafter collectively referred to as "the Parties"). WITNESSETH WHEREAS, 951 Land, which has a mailing address of 3470 Club Center Boulevard, Naples, Florida 34114-0816, is the owner of portions of the Fiddler's Creek Development of Regional Impact ("Fiddler's Creek DRI"), a Planned Unit Development (PUD) more particularly described in Exhibit "A" attached hereto; and WHEREAS, 951 Land is the developer of the Fiddler's Creek Development of Regional Impact ("Fiddler's Creek DRI"), responsible for implementing the Fiddler's Creek DRI Development Order, as amended and approved by the Board of County Commissioners of Collier County ("Collier County") on February 24, 1998, in Resolution 98-49; and WHEREAS, 951 Land owns approximately 10 acres of land, as legally described in Exhibit "B" attached hereto, which 951 Land intends to rezone to PUD land to add to the Fiddler's Creek DRI through an application to rezone and DRI Notice of Proposed Change (NOPC) to be filed with Collier County requesting approval of changes to the Fiddler's Creek Master Plan and DRI Development Order, and 951 Land further intends to request Collier County to amend the Fiddler's Creek PUD Master Plan and PUD Document to incorporate and approve changes to be consistent with the DRI NOPC; and WHEREAS, Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15. 1982. whose address is 16844 Fox Den S.W., Fort Myers, Florida 33908. and James E. Williams, Jr.. and Diane R. Williams, husband and wife, whose address is 1300 North 15'h Street, lmmokalee, Florida 34142, own approximately 157 acres of real property, the legal description of which is attached hereto as Exhibit "C", located adjacent to the Fiddler's Creek DRI/PUD, and said owners intend that the land described in Exhibit "C", shall be adde~/to and incorporated in the Fiddler's Creek DRI/PUD and developed pursuant to the revised Fiddler's Creek DRI NOPC Master Plan; and WHEREAS, GB Peninsula, Ltd., a Florida limited partnership, whose address is 3470 Club Center Blvd., Naples, Florida 34114, has an option to purchase property legally described in Exhibit "D" attached hereto, which is part of the Fiddler's Creek DRI/PUD, and is aware of and consents to 951 Land filing applications with Collier County to obtain changes to the Fiddler's Creek DRI and PUD Master Plan affecting the lands described in Exhibit "D"; and WHEREAS, GBFC Development, Ltd., a Florida limited partnership, whose address is 3470 Club 2enter Blvd., Naples, Florida 34114, owns land within the Fiddler's Creek DRI/PUD, as d ~ DEC 12 2000 I I I I I I I I I I I I I I I I I i I Exhibit "E" attached hereto, and is aware of and consents to 951 Land filing applications with Collier County to amend the Fiddler's Creek DRI/PUD Master Plan that will include the land described in Exhibit" "' E , and WHEREAS, DY Land Associates, Ltd., a Florida limited partnership, whose address is 801 Laurel Oak Drive, #701, Naples, Florida 34108, owns undeveloped portions of the Fiddler's Creek DRI/PUD, as described in Exhibit "F" attached hereto, and is aware of and consents to 951 Land applying to Collier County for amendments of the Fiddler's Creek DRI/PUD Master Plan that will include the land described in Exhibit "F"; and WHEREAS, the Parties desire and intend that the land described in Exhibits "B" and "C" shall be added to the Fiddler's Creek DRI/PUD, and the Parties further understand and agree that 951 Land will file applications with Collier County to rezone and incorporate the lands described in Exhibits "B" and "C" in the Fiddler's Creek DRI/PUD and make other changes to the Fiddler's Creek DRI/PUD Master Plan that have been reviewed and sanctioned by the Parties, and that the changes, when approved, will control the future development on the land described in Exhibits "A", "B", "C", "D", "E" and "F", attached hereto; and WHEREAS, the Parties understand and agree that in order for the above described lands to be added to the Fiddler's Creek DRI/PUD, and for the Parties to be able to develop their respective lands, as desired, 951 Land will file applications with Collier County to amend the Fiddler's Creek DRI and Fiddler's Creek PUD and that said applications may be reviewed and may require approval or action by other agencies of the State of Florida, the United States Army Corps of Engineers and other agencies of local government; and WHEREAS, the Parties have decided to appoint an agent to represent them in preparing 951 Land's applications for any and all governmental approvals necessary to develop the Fiddler's Creek DRI/PUD described in Exhibits "A", "B". "C", "D", "E", and "F", in accordance with an amended Fiddleifs Creek DRI Master Plan, DRI Development Order and amended PUD zoning on said propert)', and to further authorize said agent to act on their behalf, with their full authority. to obtain approvals of all needed amendments to both the Fiddler's Creek DR1 Development Order and PUD Document previously approved bv Collier County. NOW THEREFORE, the Parties, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals for the development of Fiddler;s Creek DRI/PUD on the property described in Exhibits "A", "B", "C", "D", "E", and "F", jointly consent to the following: APPOINTMENT OF AGENTS 1. George L. Vamadoe and the law firm of Young, van Assenderp, Vamadoe & Anderson, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida, 34108, are hereby designated and appointed the agent/representative of the Parties, with full authority to act on their behalf to perform all legal services related to the preparation, submission, review and approval of applications tc 'hanges and additions to the Fiddler's Creek DRI/PUD Master Plan and obtain rezoning to "PUD" for property described in Exhibits "B" and "C" attached hereto. 2. George L. Vamadoe and the law firm of Young, van Assenderp, Vamadoe & Anderson, P.A., are authorized to represent and to act as agents for the Parties with their full authority before any and all governmental entities, and any agencies of Collier County, the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development within the Fiddler's Creek DRI/PUD and rezoning of the property described in Exhibits "B" and "C," by amending the Fiddler's Creek DRI Development Order and PUD document to include all lands described in Exhibits "A", "B", "C", "D", "E" and "F". These agencies or entities may include, but shall not be limited to, the following: a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. do eo The Florida Fish and Wildlife Conservation Commission. The Florida Secretary of State and all other Cabinet level offices and agencies. f. The Florida Land and Water Adjudicatory Commission. g. The South Florida Water Management District. h. The U.S. Arm3, Corps of Engineers. AS EVIDENCE OF THEIR JOINT CONSENT TO AND APPOINTMENT OF THE AGENT named above. the undersigned representatives of 951 Land Holdings, Ltd.: GBFC Development, Ltd.; GB Peninsula, Ltd.; DY Land Associates, Ltd.; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; and James E. Williams, Jr., and Diane R. Williams, have signed below. AG~A ~TE_~ DEC ;2 2000 I I I I I I I I I ! I I I I I I I I I 951 Land Holdings, Ltd. By: 951 Land Holdings, LLC, a Delaware limited liability company, its general partner By: Fiddler's Creek LLC, a Delaware limited liability company, authorized member By: GBFC II, L.P., a Delaware limited parmership, member By: GBFC II, LLC, a Delaware limited liability company, general patnet By: Gulf Bay 100, Ltd., a Florida limited partnership, member By: Gulf Bay 100, In~,~a Florida corpor~jon its general p~,~/~ ~ ~//,,/,,/) Aubrey J. F/e'rrao, as/P~esident and not individual~ ~ I I I I I I I I I I I I I I I I I I I ~'"-;BFC Development, Ltd., a Florida limited partnership By: GBFC DEVELOPMENT, LLC, a Delaware limited liability company, its general partner By: Fiddler's Creek LLC, a Delaware limited liability company, authorized member By: GBFC II, L.P., a Delaware limited parmership, member By: GBFC II, LLC, a Delaware limited liability company, general partner By: Gulf Bay 100, Ltd., a Florida limited partnership, member By: Gulf Bay 100, Inc., a Florida corporatiop~s general partner ,4 By: Aubrey fl. Ferrao, as~resident and not indivia~ually / GB PENINSULA, LTD., a Florida limited partnership GB Peninsula>,l~ac., a Florida corpora~on, general p~:~6/~ ~~ Aubre~ Ferrao,/~ident A~A ITF. J~ I I I I I I I I I DY Land Associates, Ltd., a Florida limited partnership BY: DY ASSOCIATES, LLC, a Delaware limited liability company, its general partner By: Fiddler's Creek, LLC, a Delaware limited liability company, authorized member By: GBFC II, L.P., a Delaware limited pannership, member By: GBFC II, LLC, a Delaware limited liability company, general partner By: Gulf Bay 100, Ltd., a Florida limited partnership, member By: Gulf Bay 100, l/~nc., a Florida corporation, its general panner ~/ ~ .~ Aubrey/[. Ferrao, as/gresident and not indivigually ~ I I I I I I I I ! Charles R, Markham Trust datcd September 15, 1982 Diaa¢ R. Williams ! I I I I I I , ,,~GEI~IDA DF_.~ 12 2000 Witnesses as to 951 Land Holdings, Ltd.: I Dated: ~' - [ l,. - O0 I I I I I I I I I I Witnesses as to GBFC Development, Ltd., a Florida limited partnership: Dated: '5' ~' I t, --- O0 Witnesses as to GB Peninsula, Ltd., a Florida limited partnership: Dated: ~"~' I(,,, -'~ I I I I I Namc: ! Daled: · i/nesses as to DY Land Associatu, Ltd., a ~ofidn !~ted pa~nen~p: I I Witnesses as to Charles R. Markham, Trustee: Dal~d:' ,.~'"' ~'~ 0 ' / / I DEC 12 2000 ORDINANCE oo- AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIgA, BY PROVIDING FOR SECTION ONE WHICH AMENDS ZONING ATLAS MAPS NUMBERED 1611 AND 161314 Bh' CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A," RURAL AGRICULTURAL, TO "PUD," PLANNED UNIT DEVELOPMENT, KNOWN AS MARCO SHORES/FIDDLER'S CREEK FOR APPROXIMATELY 167 ACRES, MORE OR LESS, OF PROPERTh' FOR RESIDENTIAL, GOLF COURSE AND OPEN SPACE USES LOCATED IN SECTIONS 11 AND 14, TOWNSHIP 51 SOUTH, [LANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND AMENDING PUD ORDINANCES NUMBERED 84-42, 96-42, 96-74 AND 98-13, WHICH ESTABLISHED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT TOGETHER WIYH ALL SUBSEQUENT AMENDMENTS THERETO BY PRO VIDING FOR: SECTION TWO, AMENDMENTS TO SECTION I, ENTITLED PROPERTY OXVNERSHIP AND DESCRIPTION; SECTION THREE, AMENDMENTS TO SECTION II, ENTITLED PROJECT DEVELOPMENT: SECTION FOUR, AMENDMENTS TO SECTION 11I, ENTITLED RESIDENTIAL LAND USE DISTRICT: SECTION FIVE, A1MENDMENTS TO SECTION V, ENTITLED RESERVE DISTRICT; SECTION SIX, AMENDMENTS TO SECTION VI, ENTITLED B[ SINESS; SECTION SEVEN, AMENDMENTS TO SECTION VII. ENTITLED GOLF COURSE AND CLUB CENTER; SECTION EIGHT, AMENDMENTS TO SECTION VIII, ENTITLED PARKS; SECTION NINE, AMENDMENTS TO SECTION IX, ENTITLED UTILITY ELECTRIC; SECTION TEN, AMENDMENTS TO SECTION XI, ENTITLED DEVELOPMENT STANDARDS; AND SECTION ELEVEN, PROVIDING AN EFFECTIVE DATE. \VHEREAS. on June 12.1984. the Collier Courtb' Board of County Commissioners approx ed Ordinance Number 84-42. establishing the Marco Shores Planned kinit Development: and WttEREAS, subsequent to said approval, the Marco Shores PUD v, as amended on several occasions: and WHEREAS. on July 23. 1996. the Marco Shores PUD ;~as again amended by Ordinance Number 06-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek area of said PUD: and \VHEREAS, on November 26.1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD: and \x, TtE REAS. on February 24.1998. the Board of County Commissioners approved Ordinance Number 98-13 to add 1.385 acres to the Fiddler's Creek area of the Marco Shores'Fiddler's Creek P['D: and WHEREAS. George L. Vamadoe, Esquire, of Young, ,,'an Assenderp, Varnadoe & Anderson, P,A.. representing 951 Land Holdings. lad.. a Florida limited parmership. petitioned the Board of County Commissioners to further amend the Marco Shores'Fiddler's Creek Planned Unit Dcx elopmenl, as amended. NO\\' THEREFORE BE 1T ORDAINED by the Board of Count>' Commissioners. Collier Count3. Florida. that: SECTION ONE. REZONE OF AGRICULTURAL AREA FROM "A,"RI'RAL AGRICULTUI~L~L, TO "PUD," PLANNED UNIT DEVELOPMENT. The zoning classification of the real property described herein as set forth in Exhibit attached hereto and incorporated by reference, located in Sections 1 l and 14, Township 51 South. Range 26 East. Collier County. Florida. as indicated oll Official Zoning Atlas Maps numbered 1611 and 161314 is hereby changed from "A," Rural Agricultural. to "PUD," Planned Unit Development. in accordance with the Marco Shores/Fiddler's Creek PUD Docmnent. as amended, and as further amended herein. Official Zoning Atlas Maps numbered 161 I and 161314, as described in Ordinance 102. tile Collier County Land Development Code, are hereby amended accordingly. SECTION TXVO. AMENDMENTS FO PROPERTY OWNERSHIP AND DESCRIPTION SECTION. Section 1, entitled "Propert> Ownership and Description" of Ordinances numbered 84-42. 96-74. and 98-13. the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as fi~tlox~s: 1,2 LEGAL DESCRIPTION The development is comprised of several geographic areas generally referred to as [;nit 30, Unit 24. lsie of Capri, Barfield Bay Multi-family, John Stevens Creek, Horr's Island (Key Marco), and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. The le,<al description for the,Fiddler's Creek area of the PUD is found in Exhibit "FC-C l" to this document. 13 PROPERTY OX3,._~ERSHIP The subject properly. with the exception of Unit 30, is currently tinder the ownership of The Deltona ('orporation. 3250 S. W. 3 Avenue. Miami. Florida 33129. A portion of Unit 30 (243: acres} has been dexeloped as a resort golf course and is owned by Massachusetts Xlmual Litb Insurance Company. Another tract (43.01~ acres) is owned by Southern States [ 'titities and is utilized as pan of their wastewater treatment operations. The Collier Count3 School Board oxvns a t~elve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is ox~ned bx ............I .......a ~- ...........} .................... n~k.. a ~ ~tutuaCOi oiatioi~. :-:'-" ' uu,n~ ~ *cntm~. a lk,i ida ~c,sci-a} 95! Land Holdings. Ltd.. a Florida limited pam~ership. hereinafter re/brred to as Dexcloper. which owns undeveloped portions of Fiddleifs Creek DRI: GBFC Dexelopment~ Ltd., a Florida limited pannership. which owns developed portions of Fiddler's ('reek: and DY Land Associates. Ltd.. a Florida limited..partnership~ Mdch owns the eastern undeveloped Fiddler's Creek addition: G.B. Peninsula. Ltd.. a Florida lindted partnership: Charles R. Markham. as Trustee of the Charles R. Markham Trust dated September 15. 1982: James E. \ViiiJams. Jr.. and Dianne R. Williams. husband and xvifc. 'nit 30 will be known as and referred to as Fiddler's Creek. 1.7 60MME:N[ F5 DEVELOPMENt DISTRICT The developer of Fiddler's (_'reek has established a Community Development District ("CDD"~ for the property owned by developer within the Unit 30 portion of the Marco Shores PUD. together v, ith the adjacent 22.9 acre parcel which was previously int ~'rporated into Fiddlcr's Creek. The Developer of Fiddler's Creek ma~ establish a Community Dexelopment District for tile Fiddler's Creek Addition. and the 168 acres added to the Fiddler's Creek PUDgy this amendment. ,As recognized by Development Order 84-3. as an:ended. a CDD constitutes a timel>, efficient. effective. responsive and economical x~ax DEC 1 2 2000 to ensure the provision of facilities and infrastructure to Fiddler's Creek, including tile additions thereto. The Fiddler's Creek Addition is and the 168 acres added to Fiddler's Creek bv this amendment are amenable to infrastructure provision by a district that has the pox~ ers set forth in Chapter 190. F.S. (1995). The 690 acre pro, ions addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East, (herein "Section 13") approved in Collier County Development Order 96-4 (Res. No. 96-530). and the 1385 acres in Sections 18, 19. and 29. To~nship 51 South. Range 27 East by this ani¢i,dn,cnt approved in Collier County Development Order 98-I, (Res. No. 98-~_:J~1 are herein collectix ely referred to as the Fiddler's Creek Addition. SECTION THREE. AMENDMENTS TO PROJECT DEVELOPMENT SECTION. Section II, entitled "Prqject Development" of Ordinances numbered 84-42, 96-784, and 98- 13. the .Marco Shores'Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 2.3 PROJECT PLAN AND LAND USE TRACTS; The project site plan. including layout of streets and land use of the various tracts, is iljustrated graphicall,',' by Exhibit "A". Master Plan. for all areas other than Unit 30. Fiddler's Creek. The development tracts are iljustrated indi~iduatlx and each development tract includes various land uses. A sumrenu of the land uses in each developmenl area is summarized on the table belox~. Areas iljustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24. these lakes proxide the necessar-, fill to elevate the development tracts for their assigned uses. -I he detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining dex elopmem tracts x~ill be filled to design elevation by tl~e importation of off-site fill. In addition to tile various areas and specific items shown in tile development site plans. such easements/utility. pri~ ate. send-public. etc.) shall be established within or along tile xarious tracts as may be necessaD or deemed desirable for the service. l\mction or convenience of the projcct's inhabitants. The PUD Master Plan. as amended. lk~r Fiddler's Creek_., Exhibit "FC-.-A~ A1 ". (this Exhibit supersedes tile Marco sho,es Shore. s Master Plan Exhibit "A"). is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use Summar? belo',~. -3- 2000 53, LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT 'iSE .:NiT 2"} [!NIT 24 iSLES OF }iONR'S BAPFiELD J S GOOLLAN£ TOTAL Residential 14230 105.gO 28.~0 12.10 2gO.OO Nl~lti-Famil? Sin~}e-P areill ,, 0.00 Residential I I~0.30 142.30 105.g9 28.80 12.10 1429.39 I515.98 __68 Business ~,_~ 6_ 12.60 7.44 1.70 55.36 Parks 126.g5 13.20 32.30 4.10 176.45 177.76 128.16 16~_.8_ Recreation ai~d 14g3,Og 10.00 4.70 15.02 opcn space*' 1593 1 Schools 12 12,00 24.00 ~ liIit} 43.41 10.00 53.41 ( OrlltR Facilities 003 2.(}0 8.03 ('hcxches 5.00 5..9.0 Lakes 7t6.72 30.80 747.52 718 5 6877 R~ad> lq08 2;.6( I060 0.30 0.81 226.1 Other 1028 16.07 5.54 0.44 .32.73 .... TOT41. PI!) 3"6399 277.57 7.44 14289 49.04 14.54 15.83 4271.304430.3 &(iR[~~**- 303 ].9t} [ 'fial ', nits 6000 2544 300 314 72 9230 D~._~opment ~ 1.53 9.]7 2.10 6.40 4.05 0.00 ~_.0~ lract Densit} di ffcrentialed '"564 acres q'preser'.e D did not include 42= acres of preser,.e in acreage park x~id', take in Section 29 will originall> contain nurseu'. and park uses will be de,.eloped later in prQcct. -4- AG~A ITF_.Jd DEC 12 2000 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 9.230 residential dwelling units. single and multi-family, shall be constructed in the total project area. The gross project is 4271.30 4439.~3 acres, The gross ~s ......0,.__~8 units per acre. The following is a summary ofacreaee. project density. therefore. ' "' · '~ . ~ dx~ e Iling units and density of each of the development areas shown on the site development plans. Development Area Acres Dwelling Unit Gross Densi~' Fiddler's Creek ..... 1 ....... 9 6.000 3,931.99 1.53 Unit 24 277.57 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay .II- 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 4.439.3 2.08 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of the Record Plat. final plans of the required improvements shall receive the approval of all appropriate Collier County govermnental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat. those exceptions shall be reviex~ed and approved by the Subdivision Review Committee. Exhibit "A" - Master Plan, constitutes the required PUD Dex elopment Plan and the Subdi~ ision Master Plan. Subsequent to its approval. the Final Site Plans and Final Subdivision Plat shall be submitted for appro',al. Exhibit "FC-A-= AI" - Fiddler's ('reek Master Plan constitutes the PUD Development Plan tbr the property described in Exhibit "FC-~ CI" hereof. SECTIONFOt'R. AMENDMENTS TO RESIDENTIAL LAND USE DISTRICT SECTION. Section 1II. entitled "Residential Land Use District" of Ordinances 84-42.96-74 and 98-13. the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as ~bllows: 3.1 PURPOSE The purpose of this Section is to identitS.' perurated uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC-A A~11" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. GENERAL DESCRIPTION Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a tull range of residential dwelling t>pes. compatible non-residential uses. a full range of recreational ihcilities. essential services. and customaD' accessory uses. -5- The approximate acreage of the "R" district/~ indicated on the Master Plan is 1227 acres. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or PrelirninaD, Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways. open spaces, parks and amenity areas. lakes and water management facilities. and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.4 PEI:LMITTED 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: A. Principal Uses: ( 1 } Single Family Detached Dwellings. (2) Single Family Patio and Zero Lot Line Dwellings. (3) Two-family and Duplex Dwellings. (4) Single Family Attached and Townhouse Dwellings. (5't Cjuster Housing {6) Multi-Family Dwellings including (}arden Apartlnents. (7) Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location. size, ingress and egress, and buffering requirements. and subject to the Multi-family Development Standards set forth in Table I. (8) Model Homes and Sales Centers. as provided in Section 3.6. (9) Group Care Facilities (Categories ] and II), and Famil5 Care Facilities only on Parcels 12.21.22 ai,d 23, 21.22.60.61.62.64.65.66.67, 68.69 and 70 Exhibit "A" "FC-A 1 ". (lO) Any other principal use which is comparable in nature with the foregoing uses and which the De'~'elopment Services Director determines to be compatible in the "R" District. B. Accessor3.' Uses and Structures: (1) Accessory uses and structures customarily associated with principal uses permitted in this district. (2) Any other accessor5' use which is comparable in nature ~a'ith the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. SECTION FIVE. AMENDMENTS TO RESERVE DISTRICT SECTION. Section V, entitled "Reserve District" of Ordinances 84-42.96-74 and 98-13. the Marco Shores'Fiddler's Creek PUD. as amended. is hereby amended to read as follows: 5.4 DEVELOPMENT STANDARDS Within Fiddler's Creek, with the exception of Fiddler's Creek Addition. all structures shall setback a minimum ot'five feet (5') from Reserve district boundaries and roads. -6- DEC i2 2000 except for pathways. boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in Fiddler's Creek Addition. extending at least fifteen feet (15') landward from the edge of wetland preserves in all places and averaging twenty-fix e feet (25') from the landward edge of wetlands. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessoD structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping. signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Gu:,del:,n¢s design ~uidelines m~d ~5~andards standards. are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan appro;al. Unless otherx~ise indicated. required yards. heights. and floor area standards apply to principal structures. SECTION SIX. AMENDMENTS TO BUSINESS SECTION. Section VI. entitled "Business" of Ordinances 84-42, 96-74 and 98-13. the Marco Shores Fiddler's Creek PUD. as amended. is hereby amended to read as follo,,vs: 6.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" and "FC-AI" as Business. 6.3 DEVELOPMENT STANDARDS A. Minimum I,ot Area: Ten thousand 110.000'} square feet. B. Minimum Lot Width: One hundred (100} feet. C. Minimum Yard Requirements: (1 ~ Frtmt >ard - Twenty-five (25) feet. Side yard ~ None, or a minimum of five (5) feet unobstructed passage from front to rear yard. (3) Rear yard - Twenty-five (25) feet. D. Maximum Height: Fifty (50) feet within Fiddler's Creek. and I'~,n:,' forty (40) feet elsewhere. E. Minimum Floor Area of Structures: One thousand (1.000) square feet per building on the ground floor. F. Distance Between Structures: Same as for side ya~-d setback. -'7- SECTION SEVEN. AMENDMENTS TO GOLF COURSE AND CLUB CENTER SECTION. Section VII. entitled "Golf Course and Club Center" of Ordinances 84-42.96-74 and 98-13, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby' amended to read as tbllows: 7.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit Exhibit______Ss "A" and "FC-AI" as Golf Course and Club Center. 7.3 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20'/ from district boundaries mad roads. and fifty feet (50') from all residential tracts. B. Accessory structures shall be setback a minimum of ten lbet (10'1 from district boundaries and roads, and twenty feet (20') from residential tracts. C. Lighting facilities shall be arranged in a manner which ;','ill protect roadwa) s and residential properties from direct glare or unreasonable interlbrence. D. Nlaximum height of structures - ' ......Sixtx feet ~.,,,, ~(60 ). E. Minimum distance betv, een principal or aceessoD' structures which arc a part of an architecturalIx unified grouping - Ten tket (10'). F. Minimum distance between all other principal structures -Tv~enty feet (20'). G. Minimum distance bet;~een all other accessors.' structures -Ten feet (10'). H. Minimum floor area - None required. Minmmm lot or parcel area - None required. Standards for parking. landscaping. signs and other land uses where such standards are not specified herein or within adopted Fiddleds Creek desion guidelines and standards. are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherv, ise indicated, required .~ ards. heights, and floor area standards apply to principal structures. SECTION EIGHT. AMENDMENTS TO PARKS SECTION. 5;cotion VIII. entitled "Parks l'nit 30,Unit 24, Barlield Bay MF, Horr's Island. and Section 29 of the Fiddler's Creek Addition Development Areas" of Ordinances 84-42, 96-74 and 9g- 13, the Marco Shores Fiddler's Creek PUD. as amended. is hereby amended to read as follows: PL'RPOSE The purpose of this Section is ~, indicate the development plan land regulations for the areas designated on Exhibit Exhibit ':V' and "FC-AI" as Parks. SECTION NINE. AMENDMENTS TO UTILITY, ELECTRIC SECTION. Sectio:a IX, entitled "Utility" "Electric" of Ordinances 84-42.96-74 and 98-13. the ,'Marco Shores [iddlcr's (._'reek PUD, as amended. is hereby amended to read as lbllo;~s: -8- AG£NDA DEC 12 9. I PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on E.,hibii Exhibit~ "A" and "FC-AI" as "Utilit> ..... Electric". SECTION TEN. AMENDMENTS TO DEVELOPMENT STANDARDS SECTION. Section XI. entitled "Development Standards" of Ordinances 84-42, 96-74 and 98-13. the Marco Shores;Fiddler's Creek PUD. as amended. is hereby amended to read as follows: 11.3 MASTER PLAN ...... Ui[ Exhibits "A" and "FC-AI". Master .... Plans.: ............iljustrat~e the proposed development. The design criteria and design iljustrated on Exhibit Exhibits "A" and "FC-AI" and stated herein shall be understood as flexible so that the final development ma> best satisfy the project. the neighborhood and general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. .All necessary easements. dedications. or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. To protect the integrity of the multi-family residential neighborhood. internal roads vdthin the multi-famil.~ de'~ elopment tracts will be private. All other roads as shown on the Exhibit "A" development plans of Llnit 24 and John Stevens Creek will be public. It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option. develop any roadxvay within Fiddler's Creek as a private road. Those portions of the roads depicted on the development plan of Barfield Bay Multi-I;amily and Horr's Island that lie within the security entrance adjacent to S.R. 051 shall be pri~ ate roads. The other roads in the Barfield Bay Multi-family area will be public roads. I 1.4 PROJEC F DEVELOPMENT ,AND RECREATION FACILITIES The proposed development is iljustrated in E.,hibit Exhibits "A" and "FCOr A__~_I_~I" (for Fiddler's Creek). The proposed construction shall comply with all standards set tbrth and the resulting complete project shall adequately serxe its occupants and members and will not cause a _eneral pubhc problem. Such measures as the construction of streets. screens. signs, landscaping. erosion control and other similar-in-fhnction facilities shall be taken to accomplish the above set forth o~}ectives. Recreation facilities shoxx n on Exhibit "A" and "FC-A A~l" (for Fiddler's Creek) development plan shall be provided and completed in timing ~ith the adjacent residential units. The no~xl,e~55 Marriot.~__.2 golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondaril.x. residents of the Fiddler's Creek area will have access to this course on an as space is available basis. and the public ma> haxc access on a similar basis. The >~,~th=~n and easlei-n remaining golf courses in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The ~m't}re'~'r=nd~e'm remainin~ golf courses and coremunit> center lincluding ~cnnis facilities) shall be privately owned facilities and constructed on the designated s:tes in contbrmance with the development needs of the pro ecl. Neighborhood parks. bic>cle paths, and other community recreation facilities shall be constructed and completed in conlbrmance ,Mth the general development schedule of the project. BEg I"' 2000 11.17 Those facilities scheduled for donation to the County as part of the development plan are community facility sites. school sites. neighborhood park sites. Those facilities within Fiddler's Creek scheduled for donation to the County are txvo community facilit3 sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A conmmnity facility site ,aill be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creek, a site will be dedicated for a library and another site will be dedicated for fire station. EMS, and other public purposes. Dehona previously dedicated school sites within Fiddler's Creek to the Collier County School Board. Subsequently, the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier Count>'. The community faciliLv sites m Fiddler's Creek will be dedicated lo the County upon request. WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer 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 County Engineer. except to Ibe extent permitte4 by the Fill Agreement described in Section 11.5 hereof. A. F1DDLER'S CREEK SECTION 13 The follo,aing standards and stipulations shall apply to Section 13 of the Fiddleifs Creek portion of the PUD: The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions tbr Section 13 to accept or pass through existing fio~vs from culverts SIS-001-S0 150 and 180 under U.S. 41 shall be addressed by one or more of the follo'~ving methods: a) Routing u'est along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. b) Routing south along east side of Section 13. and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). Within six (6) months of approval of the rezone of Section 13, De',eloper shall grant a "temporaD'" easement to accommodate the construction of U.S. 4l outfall Swale No. 1 along the west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor. a:; revised May 1992. Developer shall grant permanent easements as pan of the platting process for properties adjacent to the temporary easement. and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said planJng process, provided minimum flows are maintained. .An,',' other drainage easements required in Section 13 for the conveyance of off-site fioxvs shall be dedicated and recorded within one {1) year of the approval of the fezone of Section 13. pursuant to the process set tbrth in 3 above. -10- B. FIDDLER'S CREEK SECTIONS 18 AND 19 The follo~ing standards and stipulations shall appl) to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from propen3' line. +2. The developer shall provide for a w'ater management easement along the east sides of Sections 18 and 19 to pass through existing fiov,'s from culverts SIS-00-S0220 and SIS-00-S0110 to assist tile County in managing drainage on the U.S. 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: The temporaD' easement shall not exceed eighty-five feet (85') in u, idth. Count,,,' shall I: e responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections 18 and 19. a c. The above is subject to permitting by South Florida Water Management District ("SF\VMD"). kVithin 6 months of the acquisition of Sections 18 and 19. Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to accommodme the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporaD' easement and shall have the ability to change the boundaries of the easement and profile of tl~e drainage swale during said platting process. provided minimum flows are maintained. -I-4. The purpose of the Easement set forth above is to provide for acceptance of the fio~ s from north of U.S. 41 v, hich historically would have sheet-fioxved across Sections 181 and 19. An3 temporat)outfall constructed by the Count3 may be removed by Developer if the fioxvs accommodated by water to said outfall are routed into the Fiddler's Creek spreader swale system. FIDDLER'S CREEK ADDITION OF t 68 .ACRES The follox~ inu standards and stipulations shall apply to the 168-acre addition to the Fiddler's Creek portion of the PUD: Provisions tbr the 168 acre addition to accept or pass throueh existing, flows from tile existinu callaIs which conxev flow l¥om tile North and West. shall be addressed by one or more of the folloxxing methods: Continued u.se of the existing easements provided to Collier County for pass through of existing fiow's until such time that alternatix e easements could be provided. Rerouting of the existing rio\ s throu=h the internal lpke system to be developed within Fiddler's Creek. The existin,.z easements (a. above) shall then be replaced with a permanent easement not exceedin~ 85' in xxidth encompassing the rerouted flows, Tile above methods are subject to permitting b)' South Florida \Vater Manauement District ("SFWMD"). Dex eloper shall 2rant permanent easements as part of the platting process and shall haxe the ability to chanoe the boundaries of the easements and profiles of the drainage sxxales during said platting process. provided minimum fiox~s are -ll- DEC 12 2000 -.--- 11.18 11.19 I 1.20 maintained. The Developer shall be responsible for all permittipg apd construction costs fbr any ne~ easements and drainage swales. POLLING PLACES Coremunit3 facility sites ha~e been provided throughout the major development areas to provide for this facility. If no appropriate count.',' facilities are available. rooms will be provided within the ,cc,¢atio~i _a building or buildings designated by th~ Developer for the purpose of permitting residents to vote during all elections. The number and location of needed rooms will be determined b3 Collier Count>' Supervisor of Elections. GENERAL LANDSCAPE DEVELOPMENT CONCEPT The de:'elopment of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horr's Island. Barfield Bay and John Stevens Creek developmenl areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: Approximately l 5.000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately Ocr3 756.~4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-,-4-~ A 1 '_~], and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allotted by permits or this PUD. these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to tile homeowners association or approved entiLv upon platting of these specific areas. MAINTENANCE FACILITIES A. Unit 24 and FiddleKs (.'reek Developer may create a community development district for Fiddler's Creek. lfsuch a district is created it will comply ~ith the folloxving requirements. If the Fiddler's Creek Developer creates a community development district ("The Fiddler's Creek Community De~ elopment District") pursuant to Chapter 190. Florida Statutes. a+~ the property in Llnit 30 owned by Developer will may be included within tile Fiddler's Creek Community Dex elopment District. The Fiddler's Creek Community Development District may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and fiacilities: (1) Any drainage facilities and rights-ot:way (streets and roads) that are not dedicated to the Coumy at the time of platting; (2) The water management systems within Fiddler's Creek owned and dex eloped by Developer. including lake and lakeshore maintenance: (3) Parks. other than those dedicated to the homeowners association: (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association. or individual condominium associations: (5) Street lighting. and: -12- Other allox~ed facilities and services pursuant to Chapter 190. Florida Statutes. Chapter 190. Florida Statutes. grants community development districts crealed thereunder all powcrs necessaD' to achieve their purposes. including the power to texT and collect taxes and special assessments, borrow money and issue bonds. B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-family Area A community association (the "Key Marco Community Association") will be set up by deed restriction. Ihe owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Kev Marco Communily Association. Propert5' Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will ha ve the responsibility for operating and maintaining the follov.'ing common areas and facilities: ( 1 ) The entranceway to Horr's Island, including an,'.' security system: (2) The roadway from Count> Road 92 to Horr's Island and all internal streets and roads on Horr's Island. including all drainage facilities that are not the responsibility of indMdual condominium associations: 13) Parks and recreation areas: (4) Street lighting; (5) (6) The historical preser','ation site and lndian mounds on Horr's Island. including the public dock and accessx~ay to the Captain Horr House (the Key Marco Community Association may cooperate v. ith local historical societies to maintain an&'or restore the Captain Hon- house): The bridge across Blue Hill Creek to Horr's Island. including maintenance of all required navigational lighting: and Such other community areas and facilities which are desired by the residents of Horr's Island but x~hich arc not available through local government or private enterprise. C. Barfield Bay Muhi-family. John Stevens Creek. Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting All common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi-family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The lollowing Subdivision Regulations ti-om the Land Development Code (" LDC") shall be v, aived and modified as follows: Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit "FC-F". At Developer's option. bikepaths may be substituted for side~valks and sidexxalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. Land Development Code §3.2.8.4.1 - The access requirements of this Section are wai,,ed and connections shall be as shox~n on the Y. laster Plan. -13- !2 2 00 ,.._ (,, 3 Land Dex elopment Code §3.2.8.4.3 - Block lengths shall be as shoxvn on the Master Plan. I 1.22 H. Land Development Code §3.2.8,4.16.5 - Right of way widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F'L Land Development Code §3.2.8.4.16.6 - The length o fdead-end streets or cul-de-sacs shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.9 &. 10 - Tile minimums of these sections are ~vaixed and these tangents shall be as depicted on the Master Plan. except for the Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these sections ma3 be waived administratively at time of PSP or development plan submittal with justification based on design speed. Land Development Code §3.2.8.3.19 - Developer reserves the right. subject to approval of Collier Count5 Transportation Department, to seek substitutes for traffic and street signs will'in the boundaries of Fiddler's Creek. Land De,;elopmcnt Code §3.5,7.1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic satiety considerations are addressed. Lmld Dexelopmem Code bq3.5.7,2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except tbr the Fiddler's Creek Addition, which shaIl be in accordance with Division 3.5 of the Land Development Code. Land De~ elopment Code §3.2.8.4.16.12.d - The pavement surface coarse thicl-mess shall be as shogun on roadway cross-sections as Exhibit "FC-F". except ibr the Fiddler's ('reek Addition where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. Collier Cnuntx Land Development Code proxisions requiring pla;tin~. site development plan approval and/or issuance of building perinits as preconditions for land clearing. excavation and fillin~ of land within the Fidd]er's Creek PISD. as amended, shall not appl? to those lands which have been previously utilized and cultix ated as farm fields. Excavations will contbrm to the exc'avation requirements contained in Dix ision 3.5 of the LDC. except as may be provided hereto. SIGNS IN FIDDLER'S CREEK .All signs in FiddleKs Creek shall be in accordance x~ ith Division 2.5 of'Collier Count)'s Land Development Code. as the same ma.,. be in et)bct at tile time of Site Development Plan approval. with the tblloxving exceptions: A. Permanent Communit,~ Signage Project Identification Signs - T~'o ground. wall, or gate prqiect identification signs ma) be located at each entrance to the dcxelopmcnt. sub cct to the lbllov, ing requirements: Such signs shall only contain the name of the development and any symbol ,,x icon identifying the development, and shall not contain an,',' promotional or sales information. (b) Prqject identification signs shall riot exceed sixty (60) square feet each. excluding nlounting surl'b. ces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or tkmce. but remain subiect to height restrictions. -14- AG~A DEC i 2 2000 ' I ' No project identification signs shall exceed the heighl often lLet t i 0') above lhe finished ground level of the sign site. Boundar5 Monument Signage - Project monument signs may be located at or near each boundaD of the project on S.R. 951 and U.S. 41. provided that no such sign shall exceed txvelve (12) square feet. excluding mounting surfaces or structures. and further providing thrI all other require'nents of 11.22A. 1) are met. Tract Identification Signs - Each tract containing a different use may have at each entrance or in other appro;'ed location an identification sign not more than sffx eight feet {6' 8/ in height and thirty-two (32) square feet in area, provided the requirements of Section 11.22A. 1 ) not in conflict herewith are met. Directional Signs - At each intersection in the development. four (4) square foot directional identification signs are permitted for each separate use being identified tbr directional purposes. One sign may incorporate all uses being identified. shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A. 1 ) not in conflict herexx ith. Temporau or Promotional Signage - These signs are to direct prospective purchasers and identi~' the various projects being developed. One development announcement sign may be erected on each pro ect street frontage for each tract or parcel. identifying the proposed project or project under construction. subject to thc folloxving requirements: There shall be no more than two (2) signs per tract. parccl or project. (b) Such signs shall not exceed sixty {60} square feet in area. excluding mounting surfaces or structures. Where such signage is attached or affixed to a ,~all or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. No development announcement signs shall exceed ten feet {10'~ aboxe the finished grade of the sign site. Residential Lot Signs - Individual residential tots ma.~ be identified by a sign not to exceed tx~o (2) square feet or protrude more than three feet (3') abo'. e the finished grade of the lot, provided such sign shall onlx contain the follo~ ing infom~ation: lot number. name of owner or builder, and telephone number for contact. and shall comply ~ith the requirements of Section 11.22.B,1 ~ not in conflict herewith. Residential Construction Lot Signs - During the construction phase on any residential lot. a temporau sign idemi~'ing the oxvner. builder. lot number. and phrase such as "the new home of "may be erected. subject to the lbllox~ing requirements: (a) Such sigm: shall not exceed six (6) square feet in area or protrude more than 'four feet (4') above the finished grade. Such signs shall meet the requirements of Section 11.22B. l ~ not in conflict herewith. SECTION ELEVEN. EFFECTIVE DATE. This Ordinance shall become effective upon filing x~ ith the Florida Department of State. -15- DEC 2000 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count>. Florida. this day of .2000. Attest: Board of Count>' Commissioners Collier Count.,,'. Florida D,aight E. Brock. Clerk Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie M. Student ASSISTANT COUNTY ATTORNEY G users Valarie x~p8 Fiddlers 2000~misc Ordinance '~-00.x~pd .lu]5 10. 2(}0{} - 16- DEC 12 2000 AMENDMENT TO MARCO SHORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO: FIDDLER'S CREEK PREPARED BY: GEORGE L. VARNADOE, ESQ. YOUNG, VAN ASSENDERP~ dvVARNADOE .&..ANDERSON, P. A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 (941) 597-2814 DATE FILED: DATE APPROVED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBEl ~: AOS~,DA ITF..M 126"_ OE~r 12 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTI7ON SECTION SECTION SECTION SECTION EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT I II III IV v vI VIA VIB VII VIII IX X XI XlI INDEX PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL LAND USE DISTRICT DEVELOPMENT (FIDDLER'S CREEK) MULTI-FAMILY RESIDENTIAL DEVELOPMENT RESERVE DISTRICT (FIDDLER'S CREEK) BUSINESS DEVELOPMENT ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS GOLF COURSE AND CLUB CENTER DEVELOPMENT PARKS AND RECREATION DEVELOPMENT UTILITY/ELECTRIC DEVELOPMENT MARINA DEVELOPMENT DEVELOPMENT STANDARDS STIPULATIONS AND COMMITMENTS MASTER PLAN LOCATION MAP LEGAL DESCRIPTION OF DEVELOPMENT TRACTS IMPROVEMENT ESCROW AGREEMENT LETTER OF COMMITMENT PAGE 1-1 2-1 3-1 4-1 5-1 6-1 6A-1 6B-1 7-1 8-1 9-1 10-1 11-1 12-1 A G~..N~A ITEM EXHIBIT EXHIBIT EXHIBIT EXHIBIT "FC-~r A.._~I" "FC-e C!" "FC-F" "FC-G" FIDDLER'S CREEK MASTER PLAN LEGAL DESCRIPTION OF FIDDLER'S CREEK FIDDLER'S CREEK ROADWAYS CROSS-SECTIONS AIRPORT OVERLAY ZONE DEC i2 200D 1.1 1.2 1.3 1.4 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of MARCO SHORES PLANNED UNIT DEVELOPMENT. LEGAL DESCRIPTION The development is comprised of several geographic areas generally referred to as Unit 30, Unit 24, Isle of Capri, Barfield Bay Multi-family, John Stevens Creek, Horr's Island (Key Marco), and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. The legal description for the Fiddler's Creek area of the PUD is found in Exhibit "FC-CI" to this document. PROPERTY OWNERSHIP The subject property, with the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243+ acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01 + acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County. School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is owned by ,.,-, Bay I ,,,,.., & x sussua COi~,C,i'&liOii ai-Ld Paiccl Z, ~ 951 Land Holdings, Ltd., a Florida limited partnership, hereinafter referred to as Developer, which owns undeveloped portions of Fiddler's Creek DR.I; GBFC Development, Ltd., a Florida limited partnership, which. owns developed portions of Fiddler's Creek; and DY Land Associates, Ltd., a Florida limited pannership, which owns the eastern undeveloped Fiddler's Creek addition; G.B. Peninsula, Ltd., a Florida limited partnership; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; James E. Williams, Jr., and Dianne R. Williams, husband and wife. Unit 30 will be known as and referred to as Fiddler's Creek. GENERAL DESCRIPTION OF PROPERTY AREA Marco Shores Planned Unit Development lies in and north of the present existing community of Marco Island. The project areas have been defined in a Stipulation for Dismissal and Settlement Agreement (herein "Settlement Agreement")_,~be.tw,~_ee,,~sT~d____ 1-1 DEC !2 Deltona Corporation and federal and state agencies, Collier County, and various conservation groups. That Settlement Agreement was dated July 20, 1982, and provides for the development of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The total area of development included in this planned unit development project is 2133.22 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S. Highway 41. The Isle of Capri business tract is located on the northwest comer of the intersection of State Road 951 and 953. The Barfield Bay Multi-family, John Stevens Creek and Goodland Marina development areas are located in the eastern section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. 'Horr's Island (Key Marco) is a separate island south of but immediately adjacent to the Barfield Bay Multi-family area in the eastern portion of Marco Island. Various current zoning classifications are applicable to the separate areas of the development. Unit 30, Isle of Capri, and Horr's Island development areas are currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield Bay Multi-family, John Stevens Creek and Goodland Marina areas are currently platted and zoned as Residential Property with some ST overlay. 1.5 PHYSICAL DESCRIPTION The Unit 30 development tract is flat pineland gently sloping to the south. Typical elevation of the propert>' is approximately 4-1/2 feet above mean sea level. The southern boundary of the tract has been established by federal and state agencies as the northern limit of the adjacent impounded wetlands in the area east of State Road 951. The Unit 24 development area is comprised of some impounded wetlands and pine and palmetto vegetation established on land reaching an elevation in some spots to 8 feet above mean sea level. The boundaries of this development tract have been established by state and federal agencies as the landward limits of the valuable mangrove wetlands in the area. Isle of Capri business tract is comprised of an upland area that previously has been used as a dump site as well as some fringing wetlands. The development boundary of this site has been established by state and federal agencies. Barfield Bay Multi-family and John Stevens Creek areas are comprised of large areas of scarified land where the high ridge fill has been removed in past years. The fringes to these areas are composed of hammock vegetation. 1-2 1.6 1.7 Goodland Marina site has been a historic dump site in the Goodland area. Some wetland areas have been approved for development to allow this water related recreational facility. The waterward boundary of this Tract has also been established by state and federal agencies. Horr's Island (Key Marco): This island is characterized by a high ridge reaching to 38 feet above sea level· Historic occupation of this island has variously used it for pineapple plantations and other fanning. The natural hammock vegetation however has been reestablished on these farmed areas. The island is characterized by steep side slopes and high central spine elevations. Water Management for the proposed project will be as conceptually described in the state-federal agreement as modified by stipulations included in this document as a result of a detailed review by the Water Management and Environmental Review Committees. PROPER NAME The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as Fiddler's Creek. COMMUNITY DEVELOPMENT DISTRICT The developer of Fiddler's Creek has established a Community Development District CCDD") for the property owned by developer within the Unit 30 portion of the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the Fiddler's Creek Addition, and the 168 acres added to the Fiddler's Creek PUD by this amendment. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. The Fiddler's Creek Addition is and the 168 ac es adder dto Fiddlers Creek b this amendment are amenable to infrastructure provision by a disti'ict that has the powers set forth in Chapter 190, F.S. (1995). The 690 acre i~i-cviou$ addition to Fiddler's Creek in Section 13, Township 51 South, Range '26 East, (herein "Section 13") approved in Collier County Development Order 96-4 (Res. No. 96-530.), and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East '--- "-' ...... -' ..... approved in Collier County Development Order 98-1, (Res. No. 98-49) are herein collectively referred to as the Fiddler's Creek Addition. 1-3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT. 2.2 GENERAL Ao Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable section and parts of the "Collier County Land Development Code". ao Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in "Collier County Land Development Code". 2.3 PROJECT PLAN AND LAND USE TRACTS The project site plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are iljustrated individually and each development tract includes various land uses. A summary of the land uses in each development area is summarized on the table below. Areas iljustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. Co In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. '.7 The PUD Master Plan, as amended, for Fiddler's Creek,_ Exhibit "FC-A-u AI", (this Exhibit supersedes the Marco shores Shores Master Plan Exhibit "A"), is attached~.~ hereto and made a part hereof by referet~ce. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use Summary below. LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT LAND USE UNIT 30 UNIT 24 ISLES OF HORR'S BARFIELD J S GOODLAND TOTAL CAPRI ISLAND BAY MF CREEK MF MARINA Residential 142.30 105.89 28.80 12.10 289.09 Multi-Family Single-Family 0.00 Residential ~ 142.30 105.89 28.80 12.10 -t4-29r -.-.-.-.-.-.if9 1515.98 1226.89 Business 33.62 12.60 7.44 1.70 55.36 Parks 126.,?,$ 13.20 32.30 4.10 176.45, 177.76 128.16 Recreation and ....... 10.00 4.70 15.02 15 ..... 1622.82 maen space** 1593,,~,1 .ools 12 12.00 24.00 Utility 43.41 10.00 53.4 i Comm. Facilities 6.03 2.00 8.03 Churches 5.00 5.00 Lakes ..... 30 80 ..... 718 5 687.7 Roads 190.8 23.60 10.60 0.30 0.81 226.1 Other 10.28 16.07 5.54 0.44 32.33 TOTAL PUD ..... 277.57 7.44 142.89 49.04 14.54 15.83 4271 ~" 4439.3 ACRES***'~ 3931.99 Residential Units 6000 2544 300 314 72 9230 Development -E6 1.5.~3 9.17 2.10 6.40 4.95 0.00 2.16 2.04 Tract Density *Not differentiated **Includes 756.4 acres of preserve ****Original PUD did not include 42± acres of preserve in acreage ***** 100± acre park with lake in Section 29 will originally contain nursery, and park uses will be developed later in project. 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project is ~ 4439.3 acres. The gross project density, therefore, is 2.16 ,2.08 units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area Acres Dwelling Unit Gross Densit~ Fiddler's Creek ' "f" "" 6,000 1 3,931.99 1.53 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 · N/A · ,,.~,, ..,,.,9230 2.16 4,439.3 2.08 2.5 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. Exhibit "A" - Master Plan, constitutes the required PUD Development Plan and the Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval. Exhibit "FC-A-u AI" - Fiddldr's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC-t3 C:~I" hereof. SITE PLAN APPROVAL When site plan approv~al is required by this document, the following procedure sh~al!~e.,,---"'~ followed: 1~"'- 2,.~{~~ 2.7 Ao A written request for site plan approval shall be submitted to the Development Services Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will 'not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Development Services Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. go In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. Go The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract ifa Final Site Plan is submitted and approved for the entire tract. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Land Development Code requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. Eo In evaluating the fractionalization plans, the Development Services Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable A ~G~'44DA ITEJ~ 2-4 DEC 12 2000 amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. In the event the Developer violates any of the conditions of this PUD Ordinance, or otherwise fails to act in full compliance with this PUD Ordinance, the County shall, pursuant to the notice and hearing requirements of this Section: 1. Stay the effectiveness of this PUD Ordinance; and Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred. As a prerequisite to such action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. Ira violation takes place, the County shall give the violator written notice by certified mail, return receipt requested. Said notice shall state the following: 1. The nature of the alleged violation; and The tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred; and That the violation must be cured within fifteen (15) days of the date of the notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt of this notice; and That if the violation is not cured within such time period, the Board of County Commissioners shall hold a public hearing to consider the matter; and That the hearing must be held no less than fifteen (15) days nor more than thirty (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen (15) day period, the violator's commencement of diligent, good faith efforts to cure said violation within this period shall obviate the need to hold the 2-5 2.8 2.9 2.10 public hearing. The PUD Ordinance shall remain in full force and effect during the pendency of the cure period. In the event the violator fails to commence diligent good faith efforts to cure or to pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violation by the Developer, its agents, grantees, successors or assigns. For purposes of this Section, the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development area. LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended as provided in the Settlement Agreement, except for the Fiddler's Creek Addition, which shall be pursuant to the Land Development Code requirements. USE OF RIGHTSoOF-WAY Within Fiddler's Creek, lands within project rights-of-way may be utilized for landscaping, decorative entranceways, gates, gatehouses, and signage subject to review and administrative approval of the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any such installations. ROADWAYS Standards for roads within Fiddler's Creek shall be in compliance with the applicable provisions of the Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived, or excepted by this PUD or as approved during the platting process. The Developer reserves the right to request substitutions to Code design standards 'in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Land Development Code. The Developer also reserves the right to install gates, gatehouses, and other access controls on all project roadways. 2-6 2.11 LANDSCAPE BUFFERS, BERNIS, FENCES AND WALLS Landscape buffers, benns, fence§ and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: Landscape benns over two feet (2') in height shall have the following maximum side slopes: (1) (2) (3) (4) Grassed benns 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 Structural walled benns - vertical When the provisions of 2.11A are utilized, native shade trees shall be planted twenty-five feet (25') on center, along the exterior side of the berm, equal in height or greater than the completed height of the berm. ao Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall, except that an eight foot (8') fence or wall may be permitted, with the approval of the Development Services Director, at the perimeter of the project, where the project uses would be proximate to dissimilar uses. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall or fence shall not exceed six feet (6') in height from the top of berrn elevation for berm elevation with an average side slope of4:1 or less, and shall not exceed four feet (4') in height from the top ofberm elevation for benns with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. 2-7 2.12 2.13 Eo Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 2.4 Landscaping and Buffering. MARCO ISLAND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddler's Creek portion of the PUD only. Collier County has adopted special regulations for specified areas in and around the airports in Collier County in the form of Airport Overlay Zoning Districts. Some of the property within Fiddler's Creek is within the Airport Overlay District adopted for Marco Island Executive Airport CAPO"). This Airport Overlay Zoning District concept is codified as Section 2.2.23., Land Development Code. Notwithstanding any other provision of this Ordinance, there shall be no uses or structures within that part of Fiddler's Creek owned by developer that conflict with the height restrictions depicted on Exhibit "FC-G", which portray the applicable provisions of Part 77, Federal Aviation Regulations, applicable to this other than utility non-precision instrument approach airport having visibility minimums greater than 3/4 of a statute mile, or provisions of Section 2.2.23., Land Development Code, relating to land uses, as it exists on the day of approval of this Ordinance. Developer shall give notice of the existence and restrictions of Section 2.12B by noticing the same, along with Exhibit "FC-G", in the restrictive covenants for Fiddler's Creek and by providing notice thereof in its contracts for the sale of property and residential units within Fiddler's Creek. DEED RESTRICTIONS Some properties within the Fiddler's Creek portion of Unit 30 may be governed by recorded covenants, conditions or restrictions which will limit types of structures and specify development standards that are more stringent than those specified in this PUD document, 2-8 SECTION IIl RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK 3.1 PURPOSE The purpose of this Section is to identi~ permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC-gt A1" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.2 MAXIMUM DWELLING UNITS A maximum number of 6000 residential dwelling units may be constructed on lands designated "R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the Master Plan is 1227 acres. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.4 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: A. Principal Uses: 3-1 3.5 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Single Family Detached Dwellings. Single Family Patio and Zero Lot Line Dwellings. Two-family and Duplex Dwellings. Single Family Attached and Townhouse Dwellings. Cjuster Housing Multi-Family Dwellings including Garden Apartments. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. Model Homes and Sales Centers, as provided in Section 3.6. Group Care Facilities (Categories I and II), and Family Care Facilities only P el '~ "' ~'"--~"" 21 22 60 61 62 64 65 66 67 68 69 d70 on arc si~,~.,,,~.a,,~,.~,,,, , ~ , , , , ~ an Exhibit "A" "FC-A 1 '~. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Accessory ,Uses and Structures: (1) (2) Accessory uses and structures customarily associated with principal uses permitted in this district. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1 - 4 uses apply to individual residential boundaries .... lot boundaries. Category 5 standards apply to platted parcel Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Plan approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abuUing road. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Ho Property abutting RSF-3 zoned land shall have a fifty foot (50') minimum setback from the PUD boundary and a Type "B" buffer as specified in LDC Subsection 2.4.7.4. Parking for pool and recreational areas within residential development tracts shallbe at a minimum of two (2) spaces for each fifty (50) dwelling units. 3.6 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and ~s.~.~s.~---~ 3- 3 DEC ,,2 2g 3 3 3.7 shall be permitted principal uses in this and Sections VI and VII, as those sections relate to Fiddler's Creek, subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3..2.6.3.6 of the Collier County Land Development Code. ADULT CONGREGATE LIVING FACILITIES (ACLF) The development standards for ACLF units and other permitted Group Care units shall be as set forth for multi-family dwellings. The maximum density for ACLF and other types of elderly care/group care housing shall be 26 units per gross acre. 3-4 TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND SINGLE PATIO & TWO SINGLE MULTI-FA STANDARDS FAMILY ZERO LOT FAMILY & FAMILY MILY DETACHED LINE DUPLEX ATTACHED DWELL-IN & Townhouse GS Category 1 2 3 4 5 Minimum Lot Area 6500 SF 5000 SF 3500 SF *4 3000 SF 1 AC Minimum Lot Width *5 50 40 35 30 150 Front Yard 25 20 *3 20 *3 20 *3 25 Front Yard for Side Entry15 10 10 10 15 Garage Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Accessory 10 5 10 10 15 Rear Yard Special * 1 10 5 10 10 .5 BH . Maximum Bldg. Height *2 35 35 35 35 100*7 *8 Distance Between Principal15 10 0 or 15 .5 SBH .5 SBH Structures Floor Area Min. (S.F.) 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.- All distances are in feet unless otherwise noted. '1: With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on lots Which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. With approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows: ,'If the parcel is served by a private road, setback is measured from the back of curl: OEC 3-5 pavement (if not curbed). *2: *4: *5: *6: *7: '8: .Buildi,ng height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five feet (5') for the garage and fifteen feet (15') for the remaining structures. Each halfofa duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. Minimum lot width may be reduced by fifty percent (50%) for cul-de-sac or curved frontage lots provided minimum lot area requirement is still maintained, and minimum lot widths are obtained at front of the buildable area when setbacks are applied. Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is · utilized, the opposite side of the structure shall have a ten foot (10') yard, or a minimum of ten feet (10') of separation between structures shall be maintained at all points. Maximum height. of structures shall be ten (10) stories or one-hundred feet (100'), whichever is greater. Structures over four (4) stories and fifty feet (50') in height shall be set back a minimum of the building height from (a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts rural designated land; and (b) where the abutting land use (on a separate tract) is a single family, attached or detached, dwelling unit. 3-6 SECTION IV MULTI-FAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK AND HORR'S ISLAND DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Low Density Multi-Family Residential - Map Designation "MF".~ Detailed architectural site plans will be developed when appropriate and must be approved by the proper County agencies as in conformance with the Final Development Plan and the PUD document prior to the issuance of any construction permit. 4.2 MAXIMUM DWELLING UNITS A maximum number of multi-family dwelling units may be constructed. DEVELOPMENT AREA TOTAL MF DWELLING UNITS Unit 24 2.544 Barfield Bay MF 314 John Stevens Creek 72 Horr's Island 300 Isle of Capri 0 Goodland Marina 0 Total Multi-Family Units 3,230 4.3 USES AND STRUCTURES No building or structure, or part thereof, shall be erected, or altered, or used, or land or water 'used, in whole or in part, for other than the following: mo Permitted Principal Uses and Structures: (1) Multi-family dwellingsl (2) Group housing, patio housing and cjuster housing. 4-1 2000 4.4 Bo (3) Townhouses. Permitted Accessory Uses and Structures: (1) (2) Prohibited Uses and Structures: is prohibited. Customary accessory uses and structures. Model homes as permitted by the Land Development Code in effect at the time a permit is requested. Any use or structure specifically permitted herein DEVELOPMENT STANDARDS ho Do Minimum Lot Area: one (1) acre. Minimum Lot Width: 150 feet. Minimum Yard Requirements: (1) (2) (3) Maximum Height of Structures: whichever is greater. Buildings up to and including forty (40) feet in height: (a) Front - Thirty-Five (35) feet. (b) Side - Twenty-Five (25) feet. (c) Rear - Thirty-Five (35) feet. Buildings over forty (40) feet in height: (a) Fifty-five (55) percent of the building height. Lots abutting Settlement Agreement Development Line - Thirty-five (35) feet. However in John Stevens Creek, Horr's Island and Barfield Bay Multi-family Areas the setback may be altered as determined by EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. Ten (10) stories or one-hundred (100) feet Maximum Density: Net site densities for each development area as follows: 4-2 AG?E/4L)A DEC 12 2000 4.5 4.6 4.7 Unit 24 Key Marco Barfield Bay John Stevens Creek - 19 DU/AC - 10 DU/AC - 16 DU/AC - 10 DU/AC Distance Between Structures: Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (i/:) the sum of their heights. G. Minimum Floor Area: 750 square feet. In the case of group housing, patio housing or cjustered housing with a common architectural theme the minimum lot area, lot width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2.6. SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. MINIMUM OFF-STREET PARKING As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. '4 - 3 , FJEC 12 2gO0 5.1 5.2 5.3 SECTION V RESERVE DISTRICT FIDDLER'S CREEK PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on the Master Plan, as Reserve. GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning systems, to allow for restoration and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's Creek development and the adjoining state owned lands, and to provide an open space amenity for the enjoyment of Fiddler's Creek residents. 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) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation A rC~.J~A ITEM 5-1 DEC 1 2 2 00 5.4 for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. (7) 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 Reserve District. Access to Parcel 110 may be constructed through the Reserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the Reserve District. (1) (2) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek. (3) The accessway shall not be considered a road or right-of-way, but shall be treated as a private accessway for the residents of, Fiddler's Creek. Therefor, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Development Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB"). DEVELOPMENT STANDARDS Within Fiddler's Creek, with the exception of Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5') from Reserve district boundaries and rqads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in Fiddler's Creek Addition, extending at least fifteen feet (I 5') landward from the edge of wetland preserves in all places and averaging twenty-five feet (25') from the landward edge of wetlands. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). 5-2 5.5 D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines desien guidelines and S;.andards standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management Plan requirements. For the Fiddler's Creek Addition, the non-exclusive easement shall comply with Collier County Land Development Code Section 3.2.8.4.7.3, without qualification. 5-3 DEC ', 7_ 2000 6.1 6.2 SECTION VI BUSINESS (MAP DESIGNATION "BUSINESS) UNIT 30, UNIT 24, AND JOHNS STEVENS CREEK DEVELOPMENT AREAS PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" and "FC-AI" as Business. 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) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Electrical supply stores; equipment rentals including lawn mowers and power saws. (6) Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stores; and furrier shops. (7) Garden supply stores outside display in side and rear yards; girl shops; glass and mirror sales - including storage and installation; and gourme.t..s,h~,o~._ AG~A ITEM 6-1 DEC i2 2000 (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. Ice cream stores. Jewelry stores. Laundries- self service only; leather goods; legitimate theaters; liquor stores; and locksmiths. Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. Office - general; and office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; and professional offices. Radio and television sales and services; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants. Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. Upholstery shops. Variety stores; veterinarian offices and clinics o no outside kennels. Watch and precision instrument repair shopsl Car wash. 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 the district. Group Care Facilities (Category I and II); Care Units; Family Care Units; Adult Congregate Living Facilities in Fiddler's Creek only, subject to Section 6.9 hereof. 6-2 DEC 12 2000 6.3 6,4 6.5 6.6 B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) From yard - Twen~-five (25) feet. (2) Side yard - None, or a minimum of five (5) feet unobstructed passage from front to rear yard. (3) Rear yard - Twenty-five (25) feet. D. Maximum Height: Fifty (.50) feet within Fiddler's Creek, and Foxty-forty (40) feet elsewhere. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. Distance Between Structures: Same as for side yard setback. .E. SIGNS As permitted or required by the [,and Develop:nent Code in effect at the time the permit is required. I~INIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6-3 DEC i2 2000 6.7 6.8 6.9 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. FIDDLER'S CREEK BUSINESS INTENSITY A maximum of 33.6 acres and a maximum of 325,000 square feet of gross floor area shall be used for the purposes set forth in Section VI in the Fiddler's Creek development. FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF Fiddler's Creek Development Standards for Adult Congregate Living Facilities (ACLF) Development Standards for use 23 as set forth in Section 6.2A hereof shall be as set forth in Section 3 with regard to multi-family dwelling development and not as set forth in Section 6.3 hereof. The limitations of Section 3.7 shall also apply. For every acre of Business designated property dedicated to ACLF or other group care use; the allowed square footage will be reduced by 10,000 square feet. 6-4 i2 2 30 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the Isle of Capri business area in relation to the 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) One 150 room hotel/motel. Maximum four stories in height. (2) Restaurants - not including fast food or drive-in restaurants provided however, there shall be no prohibition of a drive-in as an accessory to a full service restaurant (see Section 8.11 of the Zoning Ordinance 82-2). B. Permitted Accessory Uses and Structures: Accessory, uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. 6A.2 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. . Minimum Yard Requirements: (1) Setback from S.R. 951 and the Isle of Capri Road - Fifty (50) feet. (2) Setback from perimeter development line - Ten (10) feet. (3) Setbacks from fractionalized tracts, if any - Twenty-five (25) feet. D. Maximum Height - Four (4) stories. E. . Minimum floor area of structures - One thousand (1,000) square feet per building on the ground floor. 6A-1 6A.3 6A.4 6A.5 6A.6 6A.7 F. Distance between structures on the same development tract - Twenty (20) feet. SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MERCHANDISE STORAGE Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. UTILITY SITE BUFFERING The utility site in the northwest comer of this tract shall be buffered in accordance with Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the utility site, with the exception of the northern edge, where the preserve area will act as a buffer. 6A-2 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B.1 PURPOSE The purpose of this Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and commitments contained in this Section are in addition to those contained in Sections 11 and 12 of this document. Where two or more stipulations or commitments are contained in this document, the more restrictive stipulation or commitment shall apply. 6B.2 ENVIRONMENTAL CONSIDERATIONS mo Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work of the site. This pl.an may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. Go All exotic plants as defined in the County Code shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection interyals, shall be filed with and approved by the Natural Resources Management Dep .artment and the. Community Development Division. 6B-1 AG£NDA ~TF...~ DEC 2aDO Eo Go If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for asufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat saving designs should include, but not be limited to: 1) increasing the number of stories of the proposed hotel to reduce the amount of area necessary to the building (presumable the number of hotel units will remain the same; 2) reducing the amount of parking area, and 3) modifying drainage plans. Certain native plant species that must be removed to accommodate structures shall be, where feasible, transplanted to suitable habitat areas within the project. These plants shall include, but not be limited to tillandsioid epiphytes and epiphytic members of the family Orchidaciai, and the species that are listed in the edition of the Florida Game and Fresh Water Fish Commission's publication "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at. the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected epiphytes, and native hammock communities. Final alignment and configurations of water management structures shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner; the alignment/configurations shall be subject to the review and approval of the Natural Resources Management Department. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and EAB as part of the review process with all concerned regulatory agencies. All the Stipulations of the original Marco Shores PUD shall be included. 6B-2 DC.C 2 All mangrove trimming shall be subject ~o review and approval by the NRMD. The goal of any approved trimming shall be to maintain the biological, ecological integrity of the mangrove system. Lo The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. 6B.3 WATER MANAGEMENT CONSIDERATIONS Ao Detailed site drainage plans shall be submitted to the County Engineer 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 County 'Engineer. go Water management criteria and design shall be in accordance with the so-called "Settlement Agreement" between Deltona Corporation and the State of Florida. Petitioner shall provide written authorization from Lee County Electric Cooperative, Inc. to use the powerline easement for drainage retention purposes. No building permits will be issued until the petitioner can demonstrate that an adequate water supply is available to this project, either from the County or from the Deltona Corporation while maintaining acceptable water service to the Isles of Capri. 6B.4 TRAFFIC Construction of the hotel and restaurant may not commence until S.R. 951 is four laned. Site development work will be allowed provided that the petitioner agrees to any traffic operation measures required by the County Engineer. 6B.5 UTILITIES to All utilities stipulations contained in County Ordinance No. 84-42 for Petitibn" R-84-7C shall not be amended or modified by the Ordinance approving PDA-87-1C. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explanation, the statement is made that potable water for the Isles of Capri development area is proposed to be provided by the County (County Water-Sewer 6B-3 6B.6 District). No guarantee of commitmere can be made by the District that potable water will be available to serve the proposed uses in the development area until: (1) Water of adequate volume and pressure is determined to be available to the project site. (2) Construction documents for the proposed project are submitted and approved by the Utilities Division. (3) All necessary County and State construction permits are obtained. (4) An application for water service is approved by the Utilities Division. (5) All system development and connection charges and fees are paid. C. The development of this site shall be in compliance with the stipulations contained in the Utilities memorandum dated January 9, 1987. ENGINEERING .B. The Master Site Plan shows parking and retention areas within the Lee County Electric easement. Prior to construction of any facilities within this easement, written permission from Lee County Electric shall be obtained. The original PUD stated that this site could be developed until the completion of S.R. 951, this site should not be developed until S.R. 951 is four laned as originally stipulated. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91 including left and right turn lanes if required by said Ordinance. 6B.7 LETTER OF COMMITMENT l~xhibit "E" (attached) is a letter dated May 5, 1988, from Robert B. Leeber, President of R&L Development of Marco, Inc. to William Hanley, President of the Isles of Capri Civic Association, committing not to do site clearing or filling prior to the completion of the four-laning of S.R. 951. 6B -4 o? 12 2000 SECTION VII GOLF COURSE AND CLUB CENTER FIDDLER'S CREEK DEVELOPMENT AREA 7.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Ex}fi~ Exhibits "A" and "FC-AI" as Golf Course and Club Center. 7.2 PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures: (1) Golf courses and golf club facilities, including temporary golf clubhouses. (2) Tennis clubs, health spas, and other recreational clubs. (3) Project information and sales centers. (4) Community Center facilities, including multiple use buildings for the community, active and passive indoor and outdoor recreational facilities, and boat launching and storage areas. (5) Community and golf course maintenance areas, maintenance buildings,' essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment facilities, utilities pumping facilities and pump buildings, utility and maintenance staff offices. · (6) Open space and recreational uses and structures. (7) Pro shop, practice driving range and other-customary accessory uses of golf courses, or other permitted recreational facilities. (8) Small commercial establishments customarily associated with the principal uses or community center, including gift shops, postal services, barber and beauty shops, ice cream parlor, dry cleaning store (pick-up and delivery only), golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf club, tennis center, community center, or other permitted recreational facilities. 7-1 7.3 (9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. (lO) Signs as permitted by the Land Development Code in effect at the time a permit is requested. (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. (12) (13) Part time day care facilities. Any other principal use which is compatible in nature with the foregoing uses and which is determined to be compatible with this district by the Development Services Director. DEVELOPMENT STANDARDS Ao Principal structures shall be setback a minimum of twenty feet (20') from district boundaries and roads, and fifty feet (50') from all residential tracts. ao Accessory structures shall be setback a minimum of ten feet (10') from district boundaries and roads, and twenty feet (20') from residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - ~ Si.xty feet O0*-)(60,,]). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures -Twenty feet (20'). G. Minimum distance between all other accessory structures -Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. Jo Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 7-2 AGCJ,4.DA ITEM ,,,._J_.q_ r .... 2000 8.1 8.2 8.3 PURPOSE SECTION VIII PARKS (MAP DESIGNATION "PARK") UNIT 30, UNIT 24, BARFIELD BAY MF, HORR'S ISLAND, AND SECTION 29 OF THE FIDDLER'S CREEK ADDITION DEVELOPMENT AREAS The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exl'fiJ~ Exhibits "A" and "FC-A 1'~' as Parks. USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) (2) (3) (4) Parks and playgrounds. Biking, hiking, and nature trails. Nature preserves and wildlife sanctuaries. Any other open space activity which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of recreational facilities. DEVELOPMENT STANDARDS A. Minimum Lot Area: 2'A acres. 8-1 ITF. Id 2000 8.4 8.5 ao Minimum Lot Width: 150 feet. Yard Requirements for Structures: (1) Fifty feet (50'). (2) Thirty feet (30'). (3) Fifty feet (50'). Front Yard: Side Yard: Rear Yard: D. Maximum Height of Structures: Thirty-five feet (35'). E. There shall be no minimum acreage or lot width for parks within Fiddler's Creek, so that Sections 8.3A and 8.3B are not applicable to Fiddler's Creek. Within Fiddler's Creek, 8.3C shall apply only where property line abuts residential property or external PUD boundaries. In addition, there shall be a Zero (0') feet setback required from waterbodies for such structures. PURPOSE The purpose of this Section is to establish development regulations applicable to Section 29 of the Fiddlers Creek Addition, particularly Tract 110, the adjoining lake and the adjoining reseBre area. USES PERMITTED The uses on Section 29 are limited to the following: mo Uses set forth in Reserve Areas as set forth in Section 5.1.1 of this PUD; Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; Biking, hiking and nature trails, Launching and storage facilities for watercraft; Active recreational activities; Agricultural, including nursery; Any other conservation, recreation or related open space activity or use which is comparable in nature with th~ foregoing uses which in turn would be 8-2 AC_s~fi~ A ITF..M' C. 2 2000 9.1 9.2 SECTION IX "UTILITY" "ELECTRIC" UNIT 30, UNIT 24 DEVELOPMENT AREAS PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit Exhibits "A" and "FC-AI" as "Utility" "Electric". ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines, gas lines, telephone lines, cable television, electric transmission and distribution lines, substations, lift stations, pump stations, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection oF structures for commercial activities such as sales or the collection of bills. 'The utility site in the southeastern comer of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. 9-1 AG£~'~DA ITEM DEC 1 2 2000 SECTION X MARINA GOODLAND MARINA DEVELOPMENT AREA 10.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the Goodland Marina Development Area. 10.2 USES AND STRUCTURES No building or part thereof shall be erected, altered or used or land used in whole or in part for other than the following: A. Permit'ted Principal Uses and Structures: (1) Boat docking facilities. (2) Facilities necessary for and associated with trailer launched recreational boating. (3) Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, and maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the Development Services Director determines to be compatible in the district. B.. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of marina and recreational facilities. 10.3 DEVELOPMENT STANDARDS A. Goodland Marina area to be operated as one entity and not to Minimum Lot At. ea: be subdivided. 10-1 DEC 12 2000 10.4 10.5 10.6 10.7 B. Minimum Lot Width: Not applicable. C. Yard Requirements for Structures: (1) Setback from east property line: Forty (40) feet. (2) Setback from other property lines: Zero (0). D. Maximum Height of Structures: Thirty-five (35) feet. FLOOD ELEVATION REQUIREMENTS Flood elevation requirements in order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the flood damage protection ordinance. SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. MINIMUM OFF-STREET PARKING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 10-2 DEC1220 0 11.1 11.2 SECTION XI DEVELOPMENT STANDARDS pURPOSE The purpose of this Section is to set forth the standards for the development of the project. GENERAL The facilities shall be constructed in accordance with the final development plan and all applicable state and local laws, codes and requirements. Except where specifically noted or stated herein, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. 11.3 MASTER PLAN Exhibit Exhibits "A" and "FC-AI", Master Plan-Plans, ~iljustrate the proposed development. go The design criteria and design iljustrated on ~ Exhibits "A" and "FC-A 1" and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. Go All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. Do To protect the integrity of the multi-family residential neighborhood, internal roads within the multi-family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 24 and John Stevens Creek wfil be public. It is intended that the major road syste.rn within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road. Those portions of the roads depicted on the development plan ofBarfield Bhy Multi-family and Horr's Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi-family area will be public roads. 11-1 DEC 12 20011 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is iljustrated in ~ Exhibits "A" and "FC-~ AI" (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" and "FC-~r A1" (for Fiddler's Creek) development plan shall be provided and completed in timing with the adjacent residential units. The rtortt'm-n Marriott golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis. The ~'omhem-amt eastern remaining golf courses in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The ..... ' ...... ~ ¢ast~r,i remaininc golf courses and community center (including tennis facilities) shall be privately owned facilities and constructed on the designated sites in conformance with the development needs of the project. Neighborhood parks, bicycle paths, and other community recreation facilities shall be construct.ed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Those facilities within Fiddler's Creek scheduled for donation to the County are two community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A community facility site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creek, a site will be dedicated for a library and another site will be dedicated for fire station, EMS, and other public purposes. Deltona previously dedicated school sites within Fiddler's Creek .to the Collier County School Board. Subsequently, the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon request. 11 -2 11.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and b'y the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development of the drainage and road systems within the various development areas. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. The Fiddler's Creek Addition was not covered by the Settlement Agreement or the Fill Agreement. The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. 11.6 STREET CONSTRUCTION 11.7 All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as otherwise specified herein with regard to Fiddler's Creek. Certain streets have been proposed for development in Fiddler's Creek which will be constructed pursuant to right-of-way cross-section depicted on Exhibit "FC-F". The drainage system for these streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. EASEMENTS FOR UNDERGROUND UTILITIES Eas_ements for underground utilities such as power, telephone, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective So as to protect -the maximum number of trees and natural vegetation. 11.8 WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL See 12.4 of Section XII. 11 -3 DEC 12 2000 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 WATER SYSTEM See 12.4 of Section XII. SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. OTHER UTILITIES Telephone, power, and cable television service shall be made available to all residential areas. Such utility lines shall be installed underground with the exception of the primary electric service as described in 11.7 above. TRAFFIC SIGNAL See 12.6 of Section XII. FLOOD ELEVATION REQUIREMENTS In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by The Collier County Building Construction Administrative Code. ARCHITECTURAL REVIEW All buildings constructed within the development areas must comply with the architectural review standards which shall be specified by the recorded covenants, deed restrictions and development documents. SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, except as set forth for Fiddler's Creek in Section 11.22 hereof. -LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. ACtA ITE~4 No. I76- DEC 1 2 2000 11 -4 11.17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer 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 County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-S0 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). o Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easementto accommodate the construction of U.S. 41 outfall Swale No. 1 along the west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the 11 -5 A~A ITEM OEC 12 2000 ao approval of the rezone of Section 13, pursuant to the process set forth in 3 above. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. -1-2. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS-00-S0220 and SIS-00-S0110 to assist the County in managing drainage on the U.S. 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: The temporary easement shall not exceed eighty-five feet (85') in width. ab. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections 18 and 19. a c. The above is subject to permitting by South Florida Water Management District ("SFWMD"). Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process, provided minimum flows are maintained. The purpose of the Easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and 19. Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water to said outfall are routed into the Fiddler's Creek spreader swale system. AGORA ITE. M L C.__~.FIDDLER'S CREEK ADDITION OF 168 ACRE~S The following standards and stipulations shall apply to the 168-acre addition to the Fiddler's Creek portion of the PUD: Provisions for the 168 acre addition to accept or pass through existing flows from the existing canals which convey flow from the North and West, shall be addressed by one or more of the following methods: Continued use of the existing easements provided to Collier County for pass through of existing flows until such time that alternative easements could be provided. Rerouting of the existing flows through the internal lake system to be developed within Fiddler's Creek. The existing easements (.a. above) shall then be replaced with a permanent easement not exceeding 85' in width encompassing the rerouted flows. The above methods are subject to permitting by South Florida Water Management District (."SFWMD"). Developer shall grant permanent easements as part of the platting process and shall have the ability. to change the boundaries of the easements and profiles of the drainage swales during said platting process, provided minimum flows are maintained. The Developer shall be responsible for all permitting and construction costs for any new easements and drainage swales. 11.18 POLLING PLACES Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate county facilities are available, rooms will be provided within the-reereati~m abuilding or buildings designated by the Developer for the purpose of permitting residents to vote during all elections. The number and location of needed rooms will be determined by Collier County Supervisor of Elections. 11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horr's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. 11 -7 A. Preservation and Reservation Areas: 11.20 Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 69-3 756.4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A-a A1 ", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits or this PUD, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. MAINTENANCE FACILITIES Unit 24 and Fiddler's Creek Developer may create a community development district for Fiddler's Creek. If such a district is created it will comply with the following requirements. If the Fiddler's Creek Developer creates a community development district ("The Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida Statutes, at-} the property in Unit 30 owned by Developer will may be included within the Fiddler's Creek Community Development District. The Fiddler's Creek Community Development District may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage facilities and rights-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek owned and devel. oped by Developer, including lake and lakeshore maintenance; (3) Parks, other than those dedicated to the homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association, or individual condominium associations; (5) Street lighting, and; 11 -8 (6) Other allowed facilities and services pursuant to Chapter 190, Florida Statutes. Chapter 190, Florida Statutes, grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-family Area A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Horr's Island, including any. security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Horr House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents of Horr's Island but which are not available through local government or private enterprise. 11 -9 C. Barfield Bay Multi-family, John Stevens Creek, Isle of Capri and Goodland Marina 11.21 LAND Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi-family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit "FC-F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. Land Development Code §3.2.8.4.1 - The access requirements of this Section are waived and connections shall be as shown on the Master Plan. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.5 - Right of way widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F". Land Development Code §3.2.8.4.16.6 - The length of dead-end streets or cul-de-sacs shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.9 &. 10 - The minimums of these sections are waived and these tangents shall be as depicted on the Master Plan, except for the Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these sections may be waived administratively at time of PSP or development plan submittal with justification based on design speed. .G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by the Collier County Engineerirfg Review upon demonstration by Developer that traffic safety considerations are addressed. 1l - 10 BEC i 2 2000 11.22 Land Development Code {}3.5.7.2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for the Fiddler's Creek Addition, which shall be in accordance with Division 3.5 of the Land Development Code. Land Development Code {}3.2:8.4.16.12.d - The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit "FC-F", except for the Fiddler's Creek Addition where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. Collier County Land Development Code provisions requiring platting, site development plan approval and/or issuance of building permits as preconditions for land clearing, excavation and filling of land within the Fiddler's Creek PUD, as amended, shall not apply to those lands which have been previously utilized and cultivated as farm fields. Excavations will conform to the excavation requirements contained in Division 3.5 of the LDC, except as may be provided herein. SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, with the following exceptions: A. Permanent Community Signage Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development, and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height often feet (10') above the finished ground level of the sign site. 11-11 DEC 12 2000 Boundary Monument Signage - Project monument signs may be located at or near each boundary of the project on S.R. 951 and U.S. 41, provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of 11.22A. 1 ) are met. o Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than six eight feet (6' 8) in height and thirty-two (32) square feet in area, provided the requirements of Section 11.22A. 1) not in conflict herewith are met. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A. 1) not in conflict herewith. Temporary or Promotional Signage - These signs are to direct prospective purchasers and identify the various projects being developed. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10') above the finished grade of the sign site. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.B. 1) not in conflict herewith. 11-12 Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of "may be erected, subject to the following requirements: (a) Such signs shall not exceed six (6) square feet in area or protrude more than four feet (4') above the finished grade. (b) Such signs shall meet the requirements of Section 11.22B. 1) not in conflict herewith. 11 -13 12.1 SECTION XII STIPULATIONS AND COMMITMENTS STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD mo Conditions Recommended by Environmental Advisory Board CEAB") (1) Staff recommends approval for all development areas of Rezone Petition R-84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services 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 Project Review Services. (6) Historically, off-site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off-site flows be impacted by the initial proposed development, provisions 12-1 ~ '' ............. 12.2 shall be made for re-routing and/or continuing to allow historic off-site flows to pass_through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-l, dated January 1984, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from abutting rights-of-way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. The above does not apply to the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD ("EAB") mo Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi-family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A", and as regulated by Section V hereof. Other than 12-2 (2) (3) (4) incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agi'eement, except for the Fiddler's Creek Addition, which ^ 5F_ A ,,,o./7 c 12 -3 OEC i2 2000 (b) (5) Other (a) (b) (c) (d) (e) go Stipulations Multi-Family, (1) Native (a) (b) shall comply with the applicable requirements of South Florida Water Management District and Collier County. Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. Native vegetation should be retained and used where possible for ground cover. If feasible species should be transplanted from development sites to border areas. Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco Island development areas). Remove all existing exotics on site as described by County Ordinance. Follow design considerations as outline in County Environmentalist's memorandum dated may 15, 1984. to Rezoning of Category II Lands: Horr's Island, Barfield Bay John Stevens Creek Vegetation and Habitats Final site plans and drainage plans for Category Two Lands shall be designed to minimize the destruction of vegetation classified on Figures 1 and 2 as rare, unique, or endangered. The final location of roads buildings, parking areas, water management components, and other facilities shall be carefully 12 -4 2000 (c) (d) chosen to minimize impacts on R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. At there areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County Environmentalist's memorandum dated May 15, 1984. The following area-specific recommendations further clarify these general comments: Horr's Island and Barfield Bay Multi-Family Area C The majority of Horr's Island (excluding the mangrove areas within the development limit line) and all of Barfield Bay Multi-Family Area C (Figure 1) are classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site-specific, a detailed survey (including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shall be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist. (h) The vegetation survey, which will be utilized in the final site and drainage plans developed for Horr's Island and ir ~ into.tlw,-~ 12- 5 OEC i 2 20CO final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terms of Resolution R-82-86. . (i) It is suggested that the Developer or a third party purchaser, have similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (J) If the Developer or the third party purchaser declines to have such surveys conducted (Resolution R-82-86 precludes the County from requiring such surveys as a part of the EIS review on Category Two Lands other than Horr's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering Services, if desired, and incorporate the results into the recommendations regarding the site plan before final approval will be considered. (k) All site-specific surveys will be conducted prior to any site alteration. (1) Those surveys conducted by the Environmental Section will not delay Developer's timetable. (m) Surveys for multi-family lots on Horr's Island may be delayed until future lot owners are ready to develop the site. (n) To this extent, the Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, water management facilities). (o) Surveys for Developer's activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations. John Steveifs Creek and Areas A and B of the Barfield Bay Multi-Family Area (p) The majority of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous activities and therefore not classified as R.U.E. lands. 12 -6 (q) At these sites, R.U.E. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities. (r) Land use is not precluded from R.U.E. areas, however, only those activities that will not significantly alter those areas' natural characteristics will be acceptable. Such activities could include bike paths, vita courses, nature trails, and other low impact activities. (s) Road corridors through R.U.E. areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat and mitigated by the transplantation, where possible, of native vegetation to adjacent, unaltered R.U.E. areas. Archaeological Resources (a) The archaeological survey of Horr's Island to be conducted by Developer's archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). (b) The results of this survey will be incorporated in the final site and drainage plans for Horr's Island. (c) Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.E. for incorporation into final design plans. (d) If not conducted by Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval of the final site and drainage plans for these areas. (e) In addition to the pre-development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. (f) In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the Developer, or the County, or the State of Florida archaeological consultant a chance to excavate the find. AGF_.I'~9 A 12-7 OEC' '" o (g) The Environmental Section or its selected consultant will respond to _such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. Water Resources (a) The final water management plans for Category Two Lands shall be designed to minimize the clearing and alteration of land in R.U.E. areas. (b) This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. (c) Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (d) Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of Horr's Island in Figure 4. (e) The benefits of following such plans include: (i) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side-slope R.U.E. areas tO buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (f) The ultimate stormwater discharge points for Category Two Lands will be carefully located in areas most suited for receiving such waters. 12-8 DEC 12 ?ooo (g) (h) (i) (J) (k) (1) (m) (n) Other (a) (b) Low quality, semi-impounded wetlands, buffered from productive aquative and wetland areas by distance, topography, or existing roads will be utilized. Potential discharge points are indicated on Figure 1. In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. The Environmental Section recommends a sodded area of no more than five percent (5%) of any structure's area. The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. The final water management plans for all Category Two Lands will be reviewed by EAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memorandum depicted in Figures 3 and 4. During plan preparation, Developer will work with County staff to arrive at a final product compatible with these general guidelines and the associated conceptual diagrams. Where two alternative water management approached exist, that approach which will best serve to minimize alteration of R.U.E. areas will be chosen. Native species will be transplanted from development sites to border areas. Where transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Developer development areas). 12 -9 Go (c) Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. (d) All existing exotics on site will be removed as required by County Ordinance. (e) The use of introduced non-native species for landscaping will be severely restricted. All construction, clearing, and filling locations in or adjacent to designated R.U.E. areas will be flagged and field approved by the Environmental Section prior to the commencement of site work. (g) Turbidity screens, or other similar devices, will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum. Additional Stipulations (1) The EIS prepared by the Corps of Engineers will be accepted to fulfill the requirements of Division 3.8 of the Collier County Land Development Code with the condition that the stipulations contained in the County Environmentalist's May 15, 1984, Memorandum are followed. (2) Specific stipulations to modify site plans for all Category I and II Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by the EAB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. Fiddler's Creek shall not be required to comply with the provisions hereof. (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. 12- 10 (4) (5) (6) (7) (8) (9) (10) (11) The EAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 15, 1984 memorandum. Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site-specific information, to the extent this provision is not modified by the Agreement between the applicant and Collier County, dated April 4, 1995. Tree removal permits for all Category I and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under a separate petition. The exact locations of the roads in Category Two Lands, will be approved during the review of the final site plans. Because some of the recommendations, particularly those involving development in areas of Horr's Island or other Category II Lands designated as rare, unique, or endangered, would require specific actions and further review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provision has been made for modifications of the plans such as proposed in the County Environmentalist's May 15, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond 12-11 AG~,,:~A ~TF.J~ 1 those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with the Developers of all Category I and II Lands except for Fiddler's Creek, initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Army Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D-11, D-46, D-47 and D-48 of this Exhibit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation. In the event the Engineering Detail Drawings are varied in accordance herewith, Developer shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi-family; 2. John Steven's Creek; and 3. Horr's Island Exhibit E - 1A Wherever vegetation is discovered in the Barfield Bay Multi-family, John Steven's Creek and Horr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply, to the extent the Developer of Horr's Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: 1) Multi-family tracts and roadways abutting wetlands shall not be required to have a minimum ten foot (10') wide by six inches (6") deep swale. 2) Multi-family areas shall not be required to drain toward rear yard swales. 12- 12 DEC 2000 12.3 3) Developer shall be excused from compliance with the one-half inch (1/2") dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, the Developer of Horr's Island shall design the Barfield Bay multi-family, John Steven's Creek and Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE 12.4 mo go The approved stipulations of the EAB pursuant to the memorandum from County Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Regulations to accommodate fine tuning of the final site plan; Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. Do For the purposes of platting and replatting within the project area, assurance for the completion of subdivision improvements will be provided by Developer subject to approval by the County Attorney. STIPULATIONS AND COMMITMENTS - UTILITIES A. Waste Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and 12 - 13 "' OEC i ,_ (2) disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in "1" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of con.struction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be cus 12-14 DEC 12 2000 (d) (e) (0 lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. Either the Collier County Water-Sewer District or other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. It is anticipated that Developer will use treated wastewater effluent to meet the non-potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection 12- 15 2000 12.5 system as provided for in (2) above, the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. (2) All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. (4) All water users in the non-franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. STIPULATIONS AND COMMITMENTS - TRAFFIC Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following: Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. go All required auxiliary turn lanes at each new intersection created on SR-951 and US-41. C. Street Lighting at major entrances into the development. 12- 16 2090 Do The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 951 to four lanes between New York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement. All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this PUD document relating to the provision of fill for State Road 951 have been fully satisfied by execution of the Agreement between Developer and Collier County granting the County the right to enter upon the property for the purpose of excavation of the fill needed for the four-laning of State Road 951. The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. 12.6 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations: mo That the staff report recognize that SR-951, after four laning, will be approaching its capacity in 1990 and that appropriate recommendations be made to include the future 6-1aning of the northern most section in the county's Comprehensive Plan. That Unit 24 be prohibited from any development until SR-951 is 4-1aned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4-1aning of 500 feet of SRo951. This donation, to be used by the County solely for the 4-1aning of 951, shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair-share contributions included within these recommendations. That the Isle of Capri Commercial PUD, due to the level of service ofSR-951 closely approaching "D", be prohibited 'from any development until SR-951 is 4-1aned. However, site development work including clearing and filling may be performed on the site prior to the 4-1aning of SR-951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. 12- 17 AGathA IT~'~ That the Developers of Horr's Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Developer of Horr's Island will not be obligated to bear the cost of improvement to that portion of the intersection. If the marina is developed, the developer of the marina will be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. Fo The Developer's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR-951, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction, with the exception of needed improvements at newly created development road intersections with SR-951 and US-41, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance 85-55 have been determined to satisfy the conditions of former Section 4.D.9.K.(4) of Collier County Development Order 84-3. The Agreement between Collier County and Developer as described in Paragraph 9.C. fully and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for transportation and for mitigation of traffic impacts under this DRI Development Order and PUD document over and above legally imposed county-wide transportation impact fees. Any construction road or private roads installed from Fiddler's Creek to U.S. Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS mo No filling of the east-west canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit "FC-A" hereof. go If the development activities in Fiddler's Creek are the cause of flooding in the Port-Au-Prince Project, Developer shall take immediate corrective acti. 12-18 12.8 Go Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within the Fiddler's Creek Addition. FIDDLER'S CREEK STIPULATIONS AND CONDITIONS - WATER MANAGEMENT The Developer shall make provision to accept or pass through existing flows from culverts SIS-00-S0 150 and 180 under U.S. 41 by one or more of the following methods: i) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. ii) Routing south along east side of Section 13, and further South connecting to Fiddler's Creek spreader facility. iii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west side of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 16.B) hereof. Deletions appear as ~ text Additions appear as Double Underlin.e text G:\users\Valarie\wpS\Fiddlers 2000Xmisc\PUD REDLINE 071000.WPD 12- 19 c EXHIBIT "FC-A!" DEC I 2 2000 EXHIBIT "FC-Ci" FIDDLER'S CREEK LEGAL DESCRIPTION X perc,l o( lind, lying In S£CTIOK$ 22, 23, 24 dnd 2S. $1 SOUTh, fJJeGC 2~ EAST, Collier ¢ounty~ r3orxda, being sore particularly described as foJJowet slle$l'i0'r along the Horth line thertof for · dL'stifice of 122t,SO feet to an intersection wAth the CaSteFly %lqht of Way Cocporition ~? thl ~tate o~ _ ~lorId& Dep&Ftnent o~ cecosdad Xn official Recoros Book IIl~, ~&ges ~07 through inclusive of the tu~lic Recorde o~ Collier. County~ FLorida, said intersection beXnq the fOlWr o~ BEOX~XNO og the p~rc.1 I&nd here~nif~ec deacribedt. thence S02029~39-W alonq sold Easterly Alght o~ Way_~ln~ or 8~ate ~oad No. tS'2 a distance o~ ~22e3~E20"C a distance of 101,l~ feet/ thence S0702~34'~. ~istl~ce of 1~9,01 feet/ thence ~22027,03.~ A d~itance of feet/ thence s51'S0'~3'C a d~gtance of 124.40 (eeCl thence d~stance oC 187.62 /eeL; thence H82e02.11-C a d~s~ifice 1~1.80 feetJ thence ~79,08'A4"c ~ distance of 121.22 fee~r s8~e3~'34'C S dlst&nce of 1~6.37 feet/ thence Se?e3~'SIeZ a thenCe;~l?'S0'gS"E a ~J~ihct o~ ~3.~7 fee~/ thence s43021'0i"E~ a distance of 9S.i3 zeetr thence S3SeS2'I?'g a d~ftancl of~ .. S5',10 ~eftl thence ~12e4StO~eE a d~Jt~ce of 41.21 feet/ thence feet; thence s62.07'5S'g a distance o~ So. Is feet; thenc, ~Sl*3~'gl"E a .distance o~ t59.30 feet; thence sOO.11'44'r 16~.15 feet; thence ~8G'34'Ol'[ a distance of I0~.10 feet; thence 87~0S2'52"~ z distance of 122.93 feet; thence distance of 10g.53 feet; thence H?I,Sltg(-E a distance o~ ILLS7 ~01'41'~4'C4 d/xtance of .17.92 feet; thence H15'43'5I'~ a 141.05 ~eetl 'thence ~23'~1'20"E a distance o~ 142.54 thence ~S3e47,3it~ . a distanc~ of ti(.07 feet: thence ~8t.01'01"t a distance of 145.07 feet/ thence M31.00'SJ"; thence H74.Z0'SI'E a d~ftiRcl o~ I01.17 feets thence ~?~e21t~OaE a dljtahct of II?.S(,ft.~' thence ~41egs'l~'Z ~l~cl o[ ~02,8~ fle~; thence ~1~25'45'E a ~l~JRcl o~ ~1.0~ faire thence ~32,16'13'E. a distance =t S0.gl feet; thencl H~Ge07'3StE I distance of 115.20 feet/' thence N22eS3eIgtE dietinc, of 132.57 feet; thence N34eSSseO-l a dis,anco of 11.02 HT('O7'Ii'~ a dLitanc. of ~7.37 feet~ t~enc, SeGeII'SS'Z a ~itance o~ 263.41 feet/ thence S14'15'46'E a distance of 83.(9 feet/ thence ~23'S8'S9'~ a distance og 58.61 fence thence S59'03'5~'~ a d/franca of 32.26 ~eet/ thence 576e24'25'~ a Page 1 of 20 AGENDA tTFZM teL.t6 feet; th~e Sil*~S ~ g I ~le~?~.o( .Tie.so fee~ distance · c 163.S2 feet/ thence $?~e44t21"~ I distance Q! 12S.13 ~eet thence H74026'22'~' · distance of' ilS,0J reecj thsnc H47034,17.[ · daftante of es.os feet; therice HIZeOi,43.¥ d/franca'of /9,72 fetal thence H31elIt(4'v i d/taint· of IOO.S feet; thence HI6e31'$7'V i dist&nc~ of 133.8i [eat/ thanc ~09eSie00mE & diJ~anc· of 212.52 feetl .than~ flit; thence s32e37'S1'[ i dietante of ItS,OS fee~; thanc ~40eS2,24-~ · distance o! 125.01 It·t; thence 835el~oZ2.E distance of ItS.0/ feet~ thence s/2,11'2i'B i distinct o thine· ssge¢9'44't I dilCanca of IlS.S? feet; thencr distance of 91.83 £eetf thence H40eSi"iS"E I distance of ~eet; thence H(0023140-~ · distance of 276,2/ feet/ thanc, Higes3120-E · distance of 411.13 ~eeCl thence iSIo13,2(-[ dirt&fica of 962.09 feet; thence SlgoOO'$1"g · di.tsncs of feet; thence sOIe41"iI"v i distance o~ 121.08 feet; thenc, ~13'25'07"V · diktencs og ISg.04 feetl thence a20eO2141-¥ distance o~ 189.88 feet; thence s$7Y19010"¥ · d/feint( of SSg.IS feet; thence S??ooSiOS"~ a distance of 327.$? £eet; thence $43614"24m~ I distance og (Ot.~l fatal thence H6&eOiei0-~ i distance of S4.49 geetJ thence s(4007'14"¥ distance og 44,3! feet! thence s48023'22'V i distance of 35.00 genie.chance I11010'06"v a distance o~ 174,~! feetl thence soeelitSS"~ a distance of 251.70 feet! ·thence SOOO26'SI-E distance of 231.0~ feet; thence $07057'25'"C a distance of 52.02 feets thence S05*32't1"C a distance o! ~3.70 feet! thence · 339e42,25'~ i distance of 60.13 ~eet; thence 875024'24"¥ i iL~aeC$ thence ~S4031'4~'V a dintinct o! 2~2.~3 Steel thence ,LH36es3,16'W · distance of 11.54 feet{ thence H75002'38'V a ';distance oC 201.42 fee~; thence ~$1,0~'21'~ i distance ~.145.39 feet; thence ~63e16'S2"W i distance of 100.54 faetl · thence ~7oeI~'OI"W a. dLgt&nce of 52.$7 feet; thence 'a dilt&nce Of 139,12 feet; thence HI8*II'(/'~ a diatanc~ 228.58 feet;.'~hence S71'25'37"~ · dietinca of 120.$i thence S?Ge(2'3("K-I distance og S1.23 fiat; thence sS(e33,iSeV a distance Of 236.73 feet; thenc'e s01e33'17"K & diltlnCl 304.~! test! thence s30eOIt~"~ a disSince of ~Je,(O thence S01031'06"~ a distance of 139.21 rate; thence S2(oOg*2S"E & distance of 317.31 feetl thence S07031'57"C a diet·nee of 618.63 feet; thence S0501('32'E i distance of 41.4! feet; thence S86e37,33-[ · distance of 144.20 feet; 'thence HTiO$I,4('E a distance of 8(.50 feet; thence ~89o49'11.[ distance of 2/6.14 ~e'et! thence H$eo(O'iSoE a distance of 155.01 fttt; thence $i7e04'-1/"~ a distance n! 113.10 'fetal thence s75e30'OXuE a diitance og 292.S6 feet; thence STAoOT,IO'E a distance oi lg4.37 feeCl thence ~$ieli,13-g a distance of V7~41 £eetr thence H?xe22'i3'[ · distance Of iS.20 feet! thence SG5e$3'idea · distance n~ 02.30 fetal thence SSie23,.30'E · -distance of 128.98 feet; t. hence H~SeSe'lO'E a distance of 100,70 feet~ thence ~e31'il'E .a distance. o£ 148.01 fetal thence ~32021'17'E I ~istAnce oE 235.05 feet; thence HISt14'22"E' a distance of IS9.0/ feet; thence ~41038*03"E · distance of 1~1./2 £ett; 'thence ~40009131.E a distance of 96.63 feet; thence HISon3'03'E · distance of fetal thence ~$SeSSi34fC a distance of 367.04 feet; thence ~72e39,es.E · distance og 90.1! feet/ thence a/8005'Ol"g · distance oi 88.30 feet; thence 832021'50"z · dlltancl of 134.56 feetf ~Nence NSlelO'lS"E s distance-or 1006.12 feet; thence H08ees,07'~ · distance of 121.76 feet; chance He/e01,20.E · distance og 76.03 fetal thence-Sat~56'tX"E a distance of 62.99 feet; thence'Selell'Ss'l a distance of iX.O/ fetal thence Page 2 of 20 12 2000 · OR: 2656' S~IeSS.4]'[ · di(tan~, of 14.72 feStl thence S01eOS,'OI'e dfeetj thence S~4e30'i4'£ i' dzstance of ll~.Zl feeill thence distance of iSlol4 feet; thence H7se]I,14~K 4 distance of 4.4~.92 feet; the'nee HOi,SS'O7'C · distance of 171.1~ feet; ~hcnce ~4 1~ 10 ¥ · distints of ~3,S! ;ceil. thence '& distents of 123,2! feet; thence KSOOS3'OOaW e distance of 112,15 feetl thence ~14e04'21"~ · d~st&nce of 8~.4~ feet; & dS&tents of ll,2l feet; thence ~ll'$7'Q(eE a distance of 137,16 feet; thence 151015'23'~ · dLs~&nce of el,It feet/ a distance o! ll$,10 feet; thence'sSie$3'34,g · distance of 103,27 (te~l thence S33e27'20"V a distance of 44,12 feet] thence SOle0~'II'Z · dis;eric· of 1~1,02 feet/ thence S$7eIO*SS'E a d~stance of ~0,42 feet; thence SSSoSit0QeE · distance o~ .ilS.J·. feet; thence S4Oe$0'SO'g · d/stance of 100.90 feetl thence s01.41'10'W & 'distance o£ lie.el thence S4402S'43'~ a d[ltence of 17~,~ feet/ thincs $$~e17tOlmE · distance of 194,66 ~eet! thence 149o41 ~J"e · d/france of 234,47 feet/ thence SSIeeSflis~ I diet, ~ce 285,65 ~eet; thence S(I*eI*39"K · dis;acts o£ 77.2~ thence s$~ei&'iS'E a distance of 87,83 feet; thence · distance of 5(,43 feet; thence ~$ge38eQi"~ · diete~ce of 233,38 feet; thence ~8S*0l'oi"~ · dlstance of ~7,48 fegt; thence ~67'01'$$"~ a distance of 118.$0 feet; thence S4S*04'14'E a distance of 2560.69 feet; thence H21*$2'~4"t · d~stance of 85,21 feet; thence ~27o30'00'E & distance of 8i.22 feet; thence ~2$e35'58"C · dig;ante of 41.01 feet; thence H21040'44"£ a diet&rice of 96,89. feet; thence ~'44' r'~ · distance of 38.61 feet; thence S75*26'58"~ a diet&nee of 151,66 feet; thence ~0So04'17~ a distance of 117.S51 feet; thence H12~06'14"~ · distance of 74,~5 feet; thence I& distance of 74,51 feet; thence H12eeE'SS'~ a distance of ',~32411$S]'V e distance of 85.42 feet; thence 'S~t*iS'e('V diet'ante of ~?.21 feet; thence Ne$oOi'I?'~ & distance o~/ 75.05 .£eet; thence Haeo16'33"~ a distance of 109:50 feet/ /thence .S69e48*24'K.a d/stance of 95.29 Cent; thence ~31eO9'~i'¥ 'distance oE .62.$4 feet; thence ~01e12'05'¥ a distance of 153.58 feet; thence NeG*23'$6"E · distance of lOG.eel fe~t; thence HI0e$$'24"~ a distance of 140,47 feet/ /thence H22e37'(8'E a distinct of S1.15 feet; thence X3?*Ig*~G'E · distance of 2~2,44 feet/ thence N1So33'02'~ · d/stance of 118,95 feetl thence ~01e01,22-E · distance of 101.72 I feat; thence N0t*SSeSlUM a distance of ~3~.ZS test; Fhence N2Oe3OtSemc a distance of 147.93 feet; thence ~03e4S'2~"£ · distance of 148.33 feet; thence NITe32'O7"~ · dist&n~e of 1g0.04 feet; thence ~$~13'39"g · distance of 140.97 leeeel thence N00eOS'¢9'~ a assrance of 73.02 feet; thence 73,73 feet; thence ~40e21'48'g ·distance of 52.9S feet: ~hence $01e$3"33"~ a distL~ce of 116,~9 feet; thence Sl2e33'2~'~ d/stAnce of 120,72 feet; thence $S3o31'53"~ · distance ogl44.o~ £eetl thence $44e$2*32'E · distance o~ S4,42 feet; thence 810e29*59'~ a distance of 79,20 feet; thence S3?Sll'O~'~ s d~e'tance of 50,1~. feet; thence $29ee~q39"~ · distance o£ /?$,tO feet/ thence siSo22,43"V · distance of 103,04 feet/ · ~hence S10e$4*20.~ · distance of 105.37 feet;. thence sloe07'l~ 12~,0~ felt/ thence ~OlelS~17'~ · distance of 34,4( ~eet; thence Sg0ele*31"R a distance of 106,4! [eetl t~euce S2344~e39"~ · di,tance of 230,40 feet/ thehe's S01054'41'~ a feet; thence ~&$e.ll03S'E & distance of 1i4,23 feetl S88e2S,10,i · dietence of 201,60 feet to in intersection|with Page :3 of 20 ITEM ~ortheaet corner thereell thence KEI'$1'$S-V along the Koran &fne ot seed Sectfort 24 · diefence. of'2713.?! (eat to the l/( cornlr thereoil thence continuing along the Horth said Section 24, run HlieSg'02"~ · distance of 2713.~S [eet to fee~ to the Korth I/( corner thereefS thence ~6n~tnuing along the'Nort~ Line o( sold Section 23, run Net $& 53 V a distinct &X·o being the HeFtbeast corner o~ ·tore·aid Section ~2; thence Hll*Sl*Sl'~ along the Horth Line ot slid 8tc~lo~ 2~ · of 2738.0l £eet to the ~orth 1/4 corner thereofl thence BegLnnLng. A~SO sotrrl~ ~GE 26 EAST, Collier County, Florida, be/fig mo~e particulerXy describe~ as ZoXXowal sOO*2S'2i"~ along th~ Case sect/on LXne thereof for a distance hereinafter described; Che~ce H7ZelZ'44'~ 4 dSit&~ce o~ 86.92 SaX*lg'O2'C a ~Xstance o~ 71.38 ~eet~ thenc, Ha8047'42"~ f~OO°XS~ZS"E a dLs~a~ce o[ 4~.22 f~e~ ~o ~ Po~n~ o[ BegXnnt~q. ALSO ~p&rcel o~ ~and, ly~nq in &~oFe~a~d SE~IOH 24, ~o~s,Xr ~ou~, ~ 2~. EAST, CallL~ County, ~/orLda, being more particularly d4zcrXbed as goXIowll Commarice 4~ the ~o~ast co~ni~ o~ s&l~ S~ct/on 24, t~ence ~n. of 4790.92 ~tet ~O tht POX~ OF B~GX~X~G of the parcel of land H00015'eS"E a distance of '420.92 [ee~ ~o the .Beginn/n~. A~SO Tha~ ~ar~ of Lhe Southeas~ Quarter (SE ~/4} of the ~orthea~ (U.~. ~o. 41), LESS ~ ~XC~PTXHG ~t~t[~OH th, ~ol~owinq dercrLBed Xands; BEOX~ at the Horthweat corner o~ 'the said Southeast ~uarter (SE ~/4) oi the Horth, ast ~ue~ter (HE 1/4) o~ 8S~020"07"C along said 6outhe~ Rig~to~r-~ay L~n4 ~or d~sCanc~, o~ 412.12 Eietj thence l~&ving fold SouCh~ Riqht-o~-~ay Line ~ 501e15'1~"~ ~or a distance o~ 100.00 fae~; thence H8864('44'~ ~or a distance og 10.00 feet; thence SOl'lS'lS'~ for a d~itanc~ ot 293.15 feet; thence H54020'O?UV Page ~ of 20 for · dlatance o( 400.00 feEtl thence H~lel$,l$-t E9r d~stanCe or 306.03. ~eet to th( fount o~. ALSO .- ' ~e Not,beale Quarte~ (g~ 1/4} ~ th~ Southeast S~ZON II, ~NSHZf SI EOUTK, ~Og 26 EAST, Collier county, rioride. The Southeast GuarL, r (s~ I/aJ o~ the southeast Quarter (s~ ' county, Florida. A~SO The ~est One-K&l~ (~ 1/21 o~ th~ Northeaa~ Quarter (HE 1/41 o~ 80~r ~Og 26 EAST, collier councF~ ALSO The south on(-HalE (,s 1/2) of th* Northcolt Quarter (HE 1/~} of SE~ZOH 24, ~O~SNZf S1 SOUTH, ~GE 2~ EAST~ Collier County, Florida. AL~O The ~outh one-Hal~ {s 1/2J of the No~thwes~ Quarter (N~ 1/4) o~ a~zo~ 14, TOWNSHIP Sl SOUTH, ~GE 21 EAST, Collier Coun%y, rloridi, ALSO {~e:~orthvest Quarter (~ 1/41 Of the southwest QuareiT · ' ALSO The ~ortheast Ou'&rSer {~t 1/4) of the southwest Oua~ter 1/4) o{ at~lo~ I4~ TO~H;P 51 aO~TH~ ~GE 26 EAST~ Collier county, Florida. ALSO ~he loutheart Q~arter (St l/4J o~ SE~/OH 14, ~SHl? SI SOU~, ~O~ 26 EAST, Collier County, Florida, and the Sough one-Half (S 1/2] o[ the ~outh~est Ouarter ism 1/4) o~ 14, ~S~IP 51 SO~, ~oC 26 EAST, Collier County, A~SO ~he Eas~ One-~al~ (E'1/2) o~ the Southeast Quarter (Sg thl ~orthilst ~ulrttr {~E. 1/4) ol sE~lo~ IS, To~sHI~ So~, ~Gg 26 EAST, collier County, Florida. A~SO ~e ges~ One-Half (~ I/2J of the southessa Quarter (st the Northeast Ouarter (~E 1/4} of SE~ZO~ IS, ~SHIf SOU~ ~OE 26 EAST, Collier County, Florid&. A~SO ~e test One-Halt (g 1/iJ of thl Southwest quarter (SW .SOV~, ~GE 26 EAST, Collier County, Florida. Page 5 of 20 ~LSO · The ~sat One-Nelt I~ t/21 o{ the southwe, t Quarter IS~ i/4) of the Northsant Quarter (ff~ I/4) of S£CTXOR IS, TOWNSHIp SI SOUTH, /C~EGE 26 £AST, ColHit County, Florid&. ~ EAST, CoXXfer CounW, rXortd~, being mote Particularly described as Coinsricing at ~he North~eic corner of said 8E~ZO~ 14, th~nce to the North ~ o~ th~ sou~h X/2 o~ the Nor~h~es~ 1/4 oE SIS.OZ ~te~ ~o the. fOX~ Or BZGX~XNO o~ the parcel herein fee=/ thence Sl6~sE~aS'w 146.34 fee~i thenc~ Southweaterly Northwest, having a radiu~ o~ z70.00 feet, through a ce~rll anqle og ~61J'36' and Being s~ended by a chord which bears S20'38'33"~ 34.50 feet{ thence s24*18'21'~ 87.4g ~eet{ thence NSYe48'09"~ 52.42 feltl th~c, sS9~2GlSg-V 118.34 feet/ thence ~lxes~'SS'W 240.2~ feet; t~ence ~I9024'S3'~ 331.{7/ thence S26036'59'~ 221.37 feet; thence Slle46'33'g 222.4~ geetl thence sIae49'S~'W 3~1.45 ~eec; ~he~ce s29e29'2]'W 310.91 gear{ thence s15620~12,~ 1~6.90 fee~; thence ~6203S'SGeE 386.95 fee~ thence S~oS~fS~mE 117.48 fee~; thence southeasterly 1oo.22 [eec the arc o~ i Circular cu~ concave to ~he Northeast, having a '~dius ol 220.00 fee~, throuvh a central a~ls of 2~S~'58' and ~ln9 s~ended by a chord'~hich hears slisOl'~l'E {~.43 thence ~SOeSX'S<"~ 74t.SS feat; thence N34e24033'~ se.el thence Sag{40'Ia"E 150.00 fee~ Chance alonq a line which circular cu~e concave to the Southwest, having a Fadins .O~' subtended by a chord ~hich bears N44e23'25'~ 394.04 thence ~aS,o6'35"~ 539.43 feet; thence Esge36'220~ 88.29 thence N3~u20'SS'~ 200.00 fe.~ thence HISoSS'34'~.~S.43 t~l~ce N0o46'Ol'E 411.9~ f~etl t~e~ce S~9e13~S20~ SO.GO tha~Cl S0eagtOl"~ l~S.00 ~eetl thence S80013'52"g 3Sl. Z5 feet to the ~Z~ OF BEOl~l~ of the pxrceX ~ireL~ described; Florida ~ast Zone; All that part of SECTXOH 11, TO~SHI~ SI SOL,~'H, 'ItJ, NGE 26 EAST, Collier County, Florida, being ~ore particularly described followa~ along. the ~est Lln~ of said S~ction 14, sOeI8'al"V 13~.T~ to the ~o~th L~nt o~ the South 1/2 o~ the ~orth~ast 1/4 of said SE~XOH 1el thence COntinUe along said Ves~ Line, SOelS'41'~ 525.02 ~eetl thence leaving said ~est L~ni SGOeSl~40'E 155.30 ~ett; thenc* 873e3GtaIeE 24~.51 Cecil the~c~'sSge34'14'Z ~eit; thence SSIo31'43'E 24S.00 feet; thlncl SSZeSStS{'E 243.41 ' feet to the FOX~ OF ~EGI~ING of the parcel her~lu delcrXbedt Page 6 or 20 2O0O thence continue sSteSO'Si*C ~SI.Ot feett thence 3S1.lS feet; thence ssJe~3*S3"C 9tl.~t feet; . thence clrculsr ~vrve reftcave to the Southeast, having a radius of ~OSO.00 re(t, thFou9h i fEniFil eng24-'o[ JeeOS,-I~- end subtended by i chord ~hzch beAre S31eO4~24"~ S02.14 feet; ~eet. along the arc of I C~rcule~ curve concave to the southeast, havL~g i FedSus Of ~OSO.00 feet, through A central Anqle of 13o34.25- in~ beLnq subtended by 4 chord vhlch bears the &to of i circular curve concave to the ~o~theaet, through · ce~tr&l in~e of SlW0Q*QS' hiv~n~ · radXul.of 110.00 feet being subtended by A chord ~hAch bears'NeCe02*3S'~ 1S2.24 feet; 'thence N~5°32'32'~ 219.30 feet;- Chance NSlellt49'E ~3.41 eeoC/ thence ~4elSt2OSg 23J,(I ~eet; thence NseI3*34'E 250.04. thence H2SetZ'SlWt 3i~.~S Feet; thence H42e14*lSeE 2S4~14 feet; ~heuce H43407'St"~ 35e.70 Feet; thence H31e41'SS'~ IS8.1S feet; curve concave to the HoFth~est, h&vLn; a radius of 330.00 throu9h a centra~ en~le of 7*lg'3;''and bein~ subtended by 12~.48 feet to the POZN? OF BEGiNNiNe of the parce~ herein describedl bearings are based on Florida State Plan Coordinate System, Florida tert Zone; % All that part .of S;CTIO~ 14~ TO.SHIP St SOU?~, /~d~;~ ~; Collier County, Florida, beinq note particularly descr/bed Conn~ncinq at the ~orth~esc corner of said SECTXO~ 14, thence &long the ~tst Llnt o~ 0aid S£CTIOH 14, s0*llt41'~ 1398.~G feet to the ~orch L~nt of the south 1/2 of the ~orth~e~t t/4 of · E~ION 141 th~ce alonq enid North L/n~, SUe20*10"E 138~.45 · 'gttt~ th~nce.Ieavl~q ;aid line, 81.3g~S0"~ 2~0.00 feet to fol~ OF BEGX~XNG o~ the pi~cel herein defcF~edl thence SSB*Z0'I0"t ~nd ;,ra~Zel v~Ch slid ~orth Line 1920.33 (eat; t~ence S63e35'29uE ~5.33 ~eet; t~ence 8o~thwesterl~ to the ~orth~est, having ~ r~d/uf o~ 950.00 feet throu9b centre1 anqle el 43.5S'24' and beinq s~t~ndei by i chord vhich ~hence H~7oSI'59"~ 1351.01' (u~; ~hence S32'S4'4~'V IS0..O0 ge~t; thence Northeasterly and Northerly 270.(0 feet along · Fc o~ & c/tcul~;'cu~a concive to tht ven~ hav~n~ · radius 480.00 feet throu;h · centFiX 4fi~le of 3~oli~02' and beinq s~tended b~ · chord ~hlch beers. NI~e4StASag 2~.03 ~he~ce NO°3~e44"~ 133.84 ~eet to t~e~OXNT OF BEGZ~XNO o~ the parcel herein described/ bearings .f~ ba~d on Florida State ALSO LESS ARD ~XC~PT Page 7 of 20 DEC ! 2000 V~! &VdV A~e VI&V. All that part of 8~TXOH 14, TOm,SHIP S1 SOUTh, fqJ~E 24 ~A$?, ColXfer County, Florida, being sore particularly deecr]bed As gollo~ej ConRenting st the ~orchvelt corner o( (fid SECTZOH ~4l thence slon9 the YArn' Line of laid st~rIoH 14 sOell'(Z"v 13J8.~6 feet to the ~orth Line og the Sou~h 1/2 or the Korthvest 1/4 oE /mad sz~ro~ 14; thence along said Horth Line, slle20*lOmg 1311.41 ree~ thonce leaven, slid ~lfie, sIe39'S0'M 2gO.QO (ee~l thence the p&F~eX herein described; thence con~tnu~ along siX4 line southeasterX~ llS.~g fee~ along the arc oL · .tangential 'c~FCUIAF Cu~I concave to ~he ~ortheisC, having a ridX~l og 510.00 feet, throuqh & centri~ angle o~ 1t'21'020 and beln~ s~ende4 bY a chord Mhfch basFl, 872eeS'QO"~ 184.97 ~eetj ~he~ce s07e42'0~"~ 47,41 geeS; ~hence 8~4eOS'3~nW 311.29 thence ~SOIXli~Vm~ 400.SI ~ee~; thence leaving fiXd ~orth~es~or~y 6X8.40 fee~ alon~ the AF~ or i tangential circular curve concave to the southwest, haY/n9 a radius 4050,00 ~et ~hrou~h a central an~lt of 0a~44'55' And b~ a chord ~hich bears Hsee31'44"~ 617.80 ~eet; thence leaving said curve HSae58*12'~ 892.53 ~eet/ thence ~orth~es~erly, ~ortherly and. ~or~heae~erly 7a,14 feet along ~ht arc o[ ~ifi~e~lX circular curve concave ~o the ~ortheas~, having radius o~ 50.00 feet, through a central angle o~ go'oo'oo' end being subtended by a chord ~h~ch Bears ~orth 13e58'12"~ 70.71 ~ortheasterl~ 4~9.42 feet alon~ the' arc of a circular curve concave to the southeast, having a radius ~19S0.00 feet, through a central angle of 14eOS'12" and' being · ~ended by a chord ~h[ch bearf ~3aeoe'2('E 47a.22 ftek;' ,thence EtSe01'00"E 417.a5 fee[~ thence Hortheasterly ,~kt along the a~c of a ~anqen~ial circular cu~e concave ~o the Southess[, having a radiu~ of 1200.00 [ee~ ~hrough a lcentral angle of 36e~1'1~' and being s~tanded by a chord ~hich bears ~3'12'3a"~ ?~5.3a fee~ thence leaving said cuba ~he ire of a.-~a~gen~ial c~rcular curve concav~ to .the ~orth~es~, having a radius of 10~0.00 ree~, through a angle of 1~,08t04· and being subtended hy a chord ~h~ch bears H73e14'14'~ 294.70 fea~ ~o a pol~ of reverse cu~aturej ~hence EtfterI~ and sou~heas~erl~ 3~.41 feet alon~ the arc of tan~en~ial circular curve ~onc~ve to the south, having a radius s~tended by a chord ~hlch Bears ~73eOO*4SmE 33,34 EelS; ~henct S31ell'42"E 31.43 ~ea~; thence ~oukheas~erX~ ~d Soucharl~ g3.eg ~eeC along the Arc of a tangential c~rcular curve concave to ~i southwest, hav~ng a radius O~ 170.00 feet, ~hrough central an~le 'of 22.23'Z3' And b~lng s~ended b~ a chord ~hLch ~earf:SZ003D'00'E'63.20 [eel; thence S73eOS'2~'V 132.22 feet; thence s41e(s'27'~ S74.54 [let; thence s42o4g'2(uv 223.61 chance s61009~43'~ 207.gG feet; thence s?Ae02'31'V 17T.60 thence s31el(131'V l?l. SI tee~l ~hence S(Se4?'23'V 144.97 ~eeC; thence S02e(gt40NZ 42.05 feet; thence~Ases?'Ol'E 14S.O4 thence s5(eIleSO'E 193.24 feetl Zhe~c~??elztO3'E 212.84 thence ~SSelg'lgmE 172.79 teet; thence H1844St40'E 23~.79 .thence H33eSl'Ig'E 27Z.lS fee~; thence Hl~eol'sg'E 2?B.4Q thence H(0e55'13"E 50,33.fee~; thence H33e(4*21'~ 93.74 feet; thence ~9e33'32"~ 114.93 feet; thence ~ortherl~ and ~orth~es~erl~ lX3.X? ~ae~ alou~ the AFt O~ a ~ir~lar cu~e concAvi to the Southwest, having a radius 230.OO'fee~, through a central an~le of 28612"33" And being i~ttndsd b~ a ~hord ~hich hears H27oOS"SS"V ~12.O3 ~hence ~3~01~'42"~ 32.84 fee~ to a ~in~ of cubatuFA; ~hence Page 8 of 20 DEC 122000 I j Iforthvestsrly, ~o~therly and ~ortheaetarly 3~.41 geet &lon~ the art of a tangent:el cxrcular cu.rve concave. to the · a radiu· of 2S.O0 re,t, through a centre, angle o( 'and being subtended by I chord ~htch he&rs #IC'OZ'SI'Z test to a point 9£ revere, curvatu~ej theact s SEOZHH~HO o£ the parcel hersLn described; bearinqs art based on FlorLda s~ate Plans Coordinate System, Florida East That cartaLn parcel o~ land lying in and being a 'part rlo~ida, being more particularly dsicr/bed as Sollows: ~ommence it the Hort~eae~ c~r~r o~ ~aig.~·ctl~ 2~; th~cs run o~ 462,41 rset to' the ~oz~? OF BEOZ~O~ZHO o~ ~a parcel or lan~ hersiniSter da·crLbed! thence concaves H88eSl"SlnV, along the. Herin Zins o£ slid section, a distance o£ t,214.10 £est; thence' leaving ·aid SecCLon line, run s01oOte09'~ i distance o[ £eet; thence run s3aeoo~21"E i dLs~&ncs o[ 1S4,S2 ~eet; thence run H51°SO"lO~ a dierance o£ ~7.4~ ~eet to the point 2,OS0.O0 ~eet; thence run ~orthe~sterl¥ e~ong the arc 0£ lead curve, through a cen~ra! angle ot 22eSZ'Zl', · dLatance l]a.2~ EeeC to the point o~ t&ngenc¥; thence run H?4eSZ'$O-t · ~Lst&nce o~ 490.03 Eee~l thence r~n H~SoOe'tO'K · distance 530.7( ~eeC to t~e Point o(Beg~nn~ng.(CC$St) ALSO LESS AJK) ~XCSPT. ~h'at csrta/n piece1 o~ lan~ iy~nq tn an~ be~nq & Part S~ctlons 23 and 24, ~o~JhLp 51 South, Rinqe 2& East, Celllip county, Florida', bainq sore ptrticularly described as Commence at the Hertheist corner ot said Section 237 thence run ~lle~leil"V, alonq the ~orth line of said Section 23, a distance of 12~.01 feetj thence leaving e&ld Section line, s39e4~'43"~ a distangs o{ ?il.gl ~eet; thence run S50eI301?"E distance o~ 1,515,~3 ~eet/ thence run S39046'43'~ a gistaRcs oC 1,0S0.00 feet; thence run S50e13'l?"t a distinct of $0.00 rest to the pozh't Or.E£oz~r~IgG of the parcel o£ land hereinafter descrlbedj thence coetinus S$O~1~'17'E a distance o~ ~cetl thence run Hl~e4~43': a distance of ~0~.$2 feet~ thence gu~ H$OO13'l?*~ a distance of 739.75 feetl thence run S39.45t43"~ & distance .o{ ~0~.~2 £eet to the Point o~ ~egLnnlng.(CCiB2] Page 9 of 20 Section 32, ToM, shIp SI South. Range 2(. £&st. Coil;at County, Calmante at the Northeast corner or said section 2~l thence run N,S*SI'SI'W, along the North l/ns og se/d Section 21, 4 distance of 1,~v6.60 rest; thence ~eivlng said Section line. B£GXJ~XHO of the parts! of land hereinafter describedl ' thence continue- S01eQJ'QtmV · distance of IX3,]S ~eetl thence S38000'll'E · distance of 154.52 feet! thence S$1eSS*39'~ · d~stance of 28~.11 feet to the point o~ curvature of · c~Fcu~a~ curve t6 the right having · tidies of 0SO.nO feet; thence southwesterly ·long the arc of said curve th~ouqh a central inq~e o~'lO'0T'32" ~or & d~ft~nce o~ 3lT.ll ~(et ~o the in4 o~ distance Q~ 1On. IS feat; thence HZOe43'55'G a d~stanct d~st&~c, o[ IlS.OS ~eet; thence H17e22"40"~ i dLl~&nce of rest; thenc~ H54039t40"; I d~stance o~ 57.32 [ee~l thenc, NBOOIdelluE A d/~tince o~ 114.~1 ~eet; thence H7Ze37'40*~ 15Z.24 feet/ thence N77*44'12"~ I d~st~nce of ~4t.ll ~ee~ to the ~oint o( naqfnn~ng.(ccsB3J c! ALSO LESS A~O ~h&t certain parcel of land, lying in Sec~ione 2< and 25, p~nship S1 South, ~&nqe 2~ East, Collie~ County. Florida, ~tng ~ore particul'&rl¥ described As follo~s: Commence it'the Northeast boundary corner o~ e&ld Section 24, thence e~ong the East=boundary of said Section 24 ~00015~21'~ distance of 4,47~,4l feet to a point on said boundary; thence... leaving said East bound~r~ .ao*2a'10-~ · distance of 201.60 £eat; thence ~85018'35"~ · distance of 1;4.23 feet; thence N20631"43"~ a distance o! ~2'.59 feet! thence ~0So$4'dB"~ distance of 85.39 ~eet; thence N23e¢2'39"E · distance of 130.40 ~08a16'17"~ · distance o~ 34.G6 feet; thence N42.29'24"~ · d~stance of 116.91 feat; thence NlOO07'Zl'~ · distance o~ t0~,10 feet; thence N10*S;'2OWE · distance of 105.37 feet; thence H2S°22'43vc · distance o~ I03.0~ ~tlt; thence distance of $0.11 Eeet] thence N10429tS9"~ · distance of fetal'thence ~44°5~'32'V a distance o! 54.42 feet; thence ~62038"53"~ · distance of 64.07 feet; thence NI2033'lCuV distance of 120.72 feet; thence HoioS3133"E · distance 11~.~ feet; thence ~40622'48"~ · distance of St.IS feet to the POIN~ OF B£GII~XNG Of the parcel o~ land hereinafter descr~bed~ thence 659022'21'~ a distance of 73.73 feet; thence · distance o~ gS.S3 feet/ thence SO0~OSe4t"E · distance of. 73.02 feetr thence $15013'39"E · distance of 140.97 thence S17e32"OT~E · distance of 1~O.04 feet; thence S03045025'~ · d~stence of 148.33 feet/ thence s20e3OtS3'M · dist&nc~ of 147.93 fetal thence ~04e$9'eSlaE · distance of 127.1S feet/ thence 808°08012"~ · distance of 108.72 feet; thence 019-33'O2'W a distance of l/n.s~ .feet; thence ~37oIStIO~ · distance of 162.48 feet! thence nlZe37"4tu~ · distance of $1.15 feet; t~ence S10°55'2¢"E · distance of 140.47 flail thence slGe23*S&"~ a d~atance of lOG.t0 feet/ thence 801alZ'06"E a distance of 153.5G feet/ thence S3leOgiSgSE · distance o! 62.54 feet; thence N(tedt'24~E & distance of 96.29 page 10 of 20 DEC ? 2 2000 , S(Se02.17-~ · ~S,t&nce of l$.0Sq,fe~tJ.thehc4 ~&ie2S,44.C--~ diet·rice of ~?..1 (eft/ thence NJ. II S1 £ & dee% · ' --- , ~nence (e~tj th,nce S0~*04'~"~ · d~ztancf of ]i~.SS feet; [hence 447,04 feet/ thence 88Je44'32'E · dLetince Of 264,~3 feet/. thence 800'1S'2t'~ · distinct of 141,70 feet ~o the Point of Be;XnnLn;.(DUX) C Less and except therefrom ~roperty conveyed to Board of CoUn.ty Com~lssioners of Collier County, Florida, as recorded in Official .Records ~ook 1755, Page 361, ~. more particularly described as follovs: ~Al1' ~at p~ of ~e No~a~= 1/4 of S~otion 15, To, ship 51 Sou~, Rang~ 2~. Z~st, Co111~ County, follows; CO, enCee at ~o Sou~sterly ~os~ Co~er of ch~p[onshi~ Drive, ~arco Shore~ ~t 30 ~lf Co~se ~ Pla= ~ook ~7, ~=g~ 98 through 103, Co11~ County, Flor~da~ ~ence along ~a Soundly li~& of 3~.40 fe~t to ~ ~o~nt of ~egl~l~g of ~u ~C~ continua along said line Sou~ ~9 .de~Qes- -13~-~=~ East 109.79 feet; ~enoe leawin~ =aid 'line South 00 ~eas -18~-4~ West 153.94 feet; ~ce ~o~ 86 degrees -07'-06 W~st 110.00 feet; to ~e ~O~mt of ~egi~fng. Page 11 of 20 DEC I 2 2000 SCHOOL SITE NO. 1 Legal Description OR: 2656 PG: 0724 That certain parcel of land lying in and being a part of Section 22, Township 51 South, Range 26 East, Collier County, Florida, being more ~articularly describe~ as follows: Commence at the Northeast'corner of sa~d Section 22; thence run N 88'58'51" W, along the North line of said seotion~ a distance o£ 462.41 feet to the POINT OF BEGINNING of the ~arcel of land hereinafter ~sscribed~ thence continue N 88'58'51,, W, along the North line of said Section, a distance of 1,214.1e feet~ thence leaving said SectiOn line, run S 01'01'09" W a distance of 971.59 feet~ thence run S 38'00'21" E a distance of 154.52 feet~ thence ~n 1{ 51'59'~9'% E a distance of 97.46 feet to the point of curvature of a circular curve to the right having a radius of · 2,050.00 feet~ thence run Northeasterly along the arc of said curve, through a central angle of 22'52'11~, a distance of 818.26 feet to the point of tangency; thence run N 74'51'50" E a distance of 490,03 feet~ thence run N 1§'08'10" W a distance of 538.74 feet to the Point 6f Beginning. containin~ 2~.bo acres, more or less. Page 12 of 20 2000 MULTI-FAMILY SITE .Legal Desorl~tion OR: 2656 PG: 0?25 That certain parcel of land lying in and being e part of Section 22, Township 51 S~uth, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast co~ner of said Section 22~ thence run N 88'$8'$1" W,'alongthe North line of said Section 22, a distance of 1,676.60 feet~ thence leaving said'Section line, run S 01'01'09" W a distance of 157.84 feet to the POINT OF BEGINNING of the parcel of land hereinafter described~ thence continue S 01'01'09" W a distance of 813.7~ feet~ thence S 38'00'21" E-a distance of 1~4.52 feet~ thence S 51'$9'39'~ W a distance of 286.11 feet to the point of curvature of a circular curve to the right having a radius of 950.00 feet~ thence run Southwesterly along the arc of said curve through a central angle of 19'07'32It for a distance of 317.1~ feet to the end of said curve; thence run N 18'52'49" W, radial to the last described curve, for a distance of 102.10 feet~ thence N 30'34~19tl W & distance of 149.24 feet~ thence ~ 09'20'00~ W a distance of 10~.55 feet7 thence N 10'43'55" E a distance of 146.72 feet~ thence ~N'04'23'25" E a distance of 177'.72 feet~ thenc~ N 03'30'$4~ E a distance of 126.79 feet~ thence N 03'48'24~ W a distance ~f 117.09 feet~ .thence run N 15'00'45" W a dist~_~ce of. 135.05 feetl thence N 17'22'40" W a distance of 9?.99 feet~ thence N 54'39~40" E a distance**~f ~7.32 feetl thence N 80'14'13" E a distance of 114.61'feet~ thence N 72'37'40" E a distance of 130.56 feet~ thence N ~2'37'01" E a distance of 151.24 feet~ .thence N 77'44'12~ E a distance of 141.11 feet to the Point of Beginning. Containing 13.20 acres, ~ore or less. Page 13 of 20 DEC 1 2 2000 "'" OR: 26% ?G: That portion o£the South1/2 of the South1/2 or,he Southwest1/4 lying East of State Road 951, SeCtion 15, Township51 South, Range 26 East, less r~ght-of-way for State Road 951 described An that certain deed recorded in Official Records' Book 1166~ pages 1070-1071, of the Public Records of Collier County, Florida. Page 14 of 20 OR: 2656 PG: 0727 LEOAL DESCRIPTION A parcel of land located in a potlion of Sec6on 13, Township 51 South, Range 26 East, Collier County, Florida, being more particularly de.sen'bed as follows: ~ a! the Southw~t comer of the S~uthwest OhO-quarter of S~lion. 13, To~p 31 Sou~ ~c 26 ~ ~I~ Co~, ~o~ ~cncc ~ N.00*~'48"W., ~ong Sou~w~l on~u~cr o~s~d S~on 13, for a'~ of 1,424.99 for a dis~ce of 2,~99.20 fee2 ~ ~ S.00°00'38~., for a S.89' 1T28"B., for a ~s~cc of 1,60~4 fcot; ~ence ~ S.88052'17"B., for a ~s~ce of 1,18S.93 feet; ~ ~ S.00°23'21"W., for a ~s~ of 826.75 f~t to a po~t on ~e Sou~ ~e of~e Sourest one~ of s~d S~on 13; ~ence ~ N.88 °~993"W., ~o~ ~o Sou~ ~ of~e Sought one~ o[for a~s~ce of~661.04 f~t to queer ofs~d S~gon 13; ~ence ~ H. gg °Sg'40"W., along fl~e Sou~ ~e of~e Sou~w~ one- queer ofs~d Seo~on 13; for a ~s~ce of 2,713.39 fee~ to ~e ~0int of Berg; .cont~ning 139. I83 acr~, mo~ or l~s. Page 15 of 20 DEC 000 · , · *** OR: 2656 PG: 0728 *** A p~..,-/of ~n~ ioc~t~ ~- t lx~on o~ $~on 13, To~ ~1 So~ ~ ~6 ~ ~= ~ :t ~ Sou~.~m~ of~o So~w~.~~ of S~on 13, To~ ~1 ~o~ fo~ a ~ of2,599~0 f~ ~ ~ ~'0~8~, for a ~ of652~ fe~ ~c~ ~ S.~9' ~"~ for s ~ of ~,60~ ~ &~ce ~ 5~8'~ for a ~m~ of ~,185~ Sou~ on~er of~r a di~ of~66 ~.04 f~to ~ So~ ~m= of&e So~w~ ou~ ~= of~d S~on ~; for · ~ of~7~339 f~ to ~o '~ ~ng 139.193 a~ more or l~s. Page 16 of 20 tJEA~ ~ ~ /.UUU '- "' OR: 2656 PG: 0706 (DY Associates) Parcel 1 The West 1/. of Section 13, Township 51 South, l~_~g¢ 26 F.~t, Collicr' County, Florida. parcel 2 All that part of the East Va of Section 1:3, Township 5i Soufib l~nge 26 E~ Collier County, Florida, lying southwesterly of the right-of-way Iine of US 41. parcel 3 The West 1/2 of Section 19, Township 51 South, Range 27 East, Collier County, Florida, -~areel 4 All that part of Section 18, Township 5I South, R~nge 27 East, Collier County, Florida, lying southwesterly of the right-of-way of US 41; LESS the following described parcel; Corem encing at.the southeast comer ofS ection 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the southerly llne of said Section 18, North 89°34'04" West 1939.73 feet; thence leaving said southerly line of said Section 18, Noi'th 00°31'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right-of-way line, South 54°20'43" East 2371.72 feet to the east line of said Section 18; thence along the said east line, South 00°31'32" West I271.82 feet to the southeast comer of said Section 18 and the Point of Be~nn~ng. Subject to easements, restrictions, and reservations of record. Bearings are based on the southerly line of said Section 18 as being North 89°34'04" West. Palreel contains 294.00 acres more or less. LESS AND EXCEPT that property described'on Exhibit "B" A Page 17 of 20 ~b~,d, ,hereto DEC 1 2 2000 T *** OR: 2656 PG: 0707 LEGAL DBSC'RIPTION A parceI of land located in a portion of Secfion 13, Township $I South, Range 26 Bast, Collier County, Florida, being more particularly described as follows: ~ at the Southwest comer of the Southwest one-quater of/~ection 13, Township 51 3outh, l:L~g¢ 26 Bast, Collier County, Florida; thence nm N.00°25'4/"W., a/ong the West line of the $o.u thwcs/one-quarter of said Section 13, for a distancc of 1,424..99 feet; the-nee ~ N.89 °$6'52"B., for a distance of 2,$99.20 fcct; thaucc run S.00°00'35"W., for a dishanco of 652.Sg feet; fit~ncc run $.89° 1T28"B, for a disIance of 1,605.24 feet; th~ce run $.8g °$2'17"E., for.a d/stance of 1,I85.93 feet; thcnc~ nm $.00°23'21"W., for a distance of 826.75 f~t to a po/nt on the South line of the Southeast one-quarter of said Rcction I3; thence nm N. gg°59'SS"W., along the/~outh line of the Southeast one..quartcroffor a distauce of 2,651.04 fcct to the Southeast comer bfthe Southwest quazier orsaid ~e~tion 13; thence nm N. ll°$i'10"W'., along the South line ofth~ Southwest one- quarter of.said Section 131 for a distaqcc of 2,713.39 feet, to the t'oint of Be~nnin~ contalnins 139.183 acres, more or less. Page 18 of 20 DEC 2000 The SE !/. of the lqE %/, of the lq'E !/,. Section 14. Township 51 South. Range 26 East. Public Records of Gollier County. Florida. Subject to easement for road purposes over the south fifty (50) feet and the east Fifty (50) feet thereof. Page 19 of 20 DEC t 2 2000 LEGAL OESCR~'P~ON: '[HE WEST ONE-HALF' OF THE EAST ONE-HALF OF THE NORlrHE. AST O~E-QUAR.TEI:; OF' THE NORTHWEST ONE-QUARTER OF SECTION 14-0 TOWNSHIP 51 SOUTH,. '- RANGE 26 EAST, SITUATEI~ ANO LYING IN COLLIER COUNTY, FLORIDA. 'AND THE NORTHWEST ONE-QUA[RTER OF THE NORTHEAST ONE-QUARTER AND THE' EAST ONE--HALF OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF' THE NORTHWEST ONE-QUARTER OF OF SECTION 14, TOWNSHIP 51 SOUTH, 'RANGEl 26 EAST, SITUATED 'AND LYING IN COLUER COUNTY, -FLORIDA. - AND THE SOUTHWEST ONE-QUARTER OF TIlE SOUTHEAST ONE-QUARTER; THE SOUTHEAST ONE-QUAR:TER OF THE SOUTHWEST ONE--QUARTER, LI~S'S THE !4fES'~_RLY 100 FEET TI;IEREOF; TI-IE SOUTHERLY 124.2g FEET OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER: THE SOUTHERLY 12.4.2g FEET OF THE NORTHEAST ONE-QUARTER OF TIlE SOUTHWEST ONE-QUARTER. LESS TIlE WESTERLY 100 F.~ET THEREOF: ALL IN SECTION 11, TOWNSHIP. 51 SOUTH, RANGE 26 EAST., .SITUATED AND LY1NG IN COLL{ER COUNTY. FLORIDA. TH)S PR~)PE-RTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. " B~.ARINGS SHOWN -HEREON REFER TO THE SOUTH LINE OF THE 'SOUTHEAST (~NE--Q.OARTER OF SEC..I10N 11, TOWNSHIP 51 SOUTH., RANGE'26 EAST, COLUER.COUN.'i'~Y, FLORIOA, A,S BEING S.88'20'44"E. ENVIRONMENTAL CONCERNS. 'WILDLIFE POPULATIONS AND JURISDICTIONAL ·WETLANDS, IF ANY. HAVE NOT BEEN LOCATEO ON THIS SURVEY. LEGAL OESCRIPi'IO.N WAS PROVIDED BY CLIENT. PROPERTY AREA: 157.074 ACRES, MORE OR LESS. THIS PROPERTY WAS VACANT ON 6/'21/99. THIS SURVE.Y IS NOT. VALID WITHOUT THE SIGNATIJRE AND THE ORIGINAL RAISED SEAL-OF A FLORIOA LICENSED SURVEYOR AND MAPPER. CERTIFIED' TO: GULF BAY 100, L'i'D WOODWAldO. PIRES, & LOMBARDO, P.A. CHICAGO TITLE INSURANCE COMPANY I'HERE8Y CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED 'PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 6/21/99. I FURTHER CERTIFY THAT THIS ~URVEY'M.EETS THE MINIMUM TECHNICAL STAND~.RDS · FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER~ 61G17--6, F.A.C. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. M' R~~Y P.S.M. #5628 STATE OF FLORIDA Page 20 of 20 DEC i 2 2000 EXECUTIVE SUMMARY DOA-2000-04, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING 951 LAND HOLDINGS, LTD., FOR AN AMENDMENT TO THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT DRI DEVELOPMENT ORDER 84-3, AS AMENDED FOR THE PURPOSE OF ADDING APPROXIMATELY 168 ACRES TO THE FIDDLER'S CREEK PORTION OF THE DRI IN WHICH THE CURRENT LAND USE THEME OF RESIDENTIAL GOLF COURSE COMMUNITY IS EXTENDED WITHOUT ANY INCREASE TO THE NUMBER OF DWELLING UNITS AUTHORIZED, AND TO AMEND THE MASTER PLAN TO ILjustRATE THE RESIDENTIAL/GOLF COURSE LAND USE THEME FOR PROPERTY LOCATED IN SECTIONS 11 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO PUD-84-7(6)) OBJECTIVE: To. render a decision to amend the Fiddler's Creek portion of the Marco Shores Development of Regional Impact (DRI) Development Order by adding 168 acres to said Development Order. CONSIDERATIONS: This petition is intended to add 168 acres more or less to the Fiddler's Creek portion of the Marco Shores DRI Development Order. The amendment takes the form of adding a Master Plan to the Development Order, which iljustrates a residential/golf course community. Because the land is to be consolidated into the existing Marco Shores Development Order, revisions are also required to all references to acreage for Fiddler's Creek and reference to density which will have the net effect of lowering the density inasmuch as the currently authorized number of dwelling units (i.e. 6000) will remain unchanged, even though 168 acres of land is being added. Southwest Florida Regi..0nal Planning Council Review - As required by State Statute, 951 Land Holdings Joint Venture submitted to the Regional Planning Council a Notification of a proposed Change to a Previously Approved Development of Regional Impact (DRI). The Regional Council approved the amendment and concurrently ruled that the amendment is of an insubstantial natt/re and does not require further Development of Regional Impact review. A copy of the Council's report is included with this report. Florida Department of Community Affairs Review - By letter dated July 25, 2000, the DCA advised of their approval to the NOPC and determined that this is an insubstantial revision not requiring further Development of Regional Impact review. DEC 1 2 2000 * FISCAL IMPACT: The fiscal impact was addressed in the companion zoning amendment petition. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended approval of the amendment to the Fiddler's Creek portion of the Marco Shores DRI Development Order to allow the addition of 168 acres and its use as an extension of the current residential/golf course community development theme. EAC RECOMMENDATION: This petition was not heard by the EAC due to its relationship to the Deltona Settlement Agreement by which environmental issues over a large portion of the land area was determined by said agreement defining development areas which would no longer be subject to further environmental impact. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on November 2, 2000. ;Fhey unanimously recommended approval of DOA-2000-04 a petition to amend the Fiddler's Creek portion of the Mar'co Shores DRI Development Order to add 168 acres without adding any additional dwelling units. No person spoke or otherwise communicated any objection to this petition. Therefore, the petition is scheduled for the Summary Agenda. AGENDA ITEM No. ~ PREPARED BY:. ~ RONALD- F. sis6, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPI~OVED BY: JOHNi~I. DUI~I~ucK, IIl, INTERIM ADMINISTRATOR COMNIUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin/DOA-2000-04/RN/im DATE AG EN DA...~T E M DEC i 2 2000 t TO: FROM: DATE: RE: AGENDA ITEM 7-F MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 6, 2000 PETITION NO: DOA-2000-04, AMENDMENTS TO FIDDLERnS CREEK PORTION OF MARCO SHORES DRI DEVELOPMENT ORDER (COMPANION ITEM TO PUD-84-7(6) OWNER/AGENT: Agent: Owner(s): Mr. George L. Varnadoe Young, van Assenderp & Vamadoe, P.A. 801 Laurel Oak Drive, Suite 200 Naples, FL 34108 951 Land Holdings, Ltd., a Florida Limited Parmership; GBFC Development, Ltd., a Florida Limited Partnership; GB Peninsula, Ltd., a Florida Limited Partnership; DY Land Associates, Ltd., a Florida Limited Partnership; Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982; James E. Williams, Jr. and Dianne R. Williams, husband and wife (3470 Club Center Blvd., Naples, FL 34114) REQUESTED ACTION: To further amend the Marco Shores/Fiddler's Creek DRI Development Order 84-3 as amended for the purpose of adding 168 acres more or less of land to the Fiddler's Creek portion of the Marco ~;hores Development Order and to adopt a Master Plan for the added area and make other change to the Development Order attributable to adding 168 acres. 1 AGEN:' DE0 1 'zooo 5Z *~i'S NO. DEC 1 221 PURPOSE/DESCRIPTION OF PROJECT: This petition is intended to add 168 acres more of less to the Fiddler's Creek portion of the Marco Shores DRI Development Order. The amendment takes the form of adding a Master Plan to the Development Order, which iljustrates a residential/golf course community. Because the land is to be consolidated into the existing Marco Shores Development Order revisions are also required to all references to acreage for Fiddler's Creek and references to density which will have the net effect of lowering the density inasmuch as the currently authorized number of dwelling units (i.e. 6000) will remain unchanged, even though 168 acres of land is being added. Southwest Florida Regional Planning Council Review - As required by State Statute, 951 Land Holdings Joint Venture submitted to the Regional Planning Council a Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI). The Regional Planning Council heard this petition on July 17, 2000 and the report of the Councils staff. The Regional Council approved the amendment and concurrently ruled that the amendment is of an insubstantial nature and does not require further Development of Regional Impact review. A copy of the Council's report is included with this report. Florida Department of Community Affairs Review - By letter dated July 25, 2000, the DCA advised of their approval to the NOPC and determined that this is an insubstantial revision not requiring further Development of Regional Impact review. ANALYSIS: Most significantly while the change to the DRI Development Order adds 168 acres of land to the Fiddler's Creek portion of the Marco Shores DRI Development Order and provides a Master Plan for this area, it does not increase the density of intensity of approved land uses. Physical alteration of the property, will, however, occur by development activities, which include construction of a golf course and related facilities (i.e. clubhouse and recreation amenities), water management and visual enhancement lakes, and residential development. The residential development will result from spreading the currently authorized number of housing units, namely 6000 dwelling units, over the enlarged land area. This will result in lowering the density from 1.6 dwelling units per acre to 1.53 dwelling units per acre in the Fiddler" Creek portion of the Marco Shores PUD. The acreage which is added does not have any frontage on the county's arterial road system, but rather wi}l be integrally made a part of the Fiddler's Creek development by extending the internal street system for Fiddler's Creek. A system of collector roads is in place to provide access from all parts of Fiddler's Creek to the County's arterial road system and East Tamiami Trail (U.S. 41 E). The added area represents no additional traffic impact because no additional dwelling units are authorized with this amendment action. DEC 1 2 000 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition DOA-00.4 having the effect of amending the Fiddler's Creek portion of the Marco Shores DRI Development Order as described in the draft Resolution and Exhibits thereto made part of this staff r~p · ARED\~Y: R~'N~F.~I~b, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR AP?~E D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Petition Number DOA-2000-04 Staff Report for October 19, 2000 CCPC meeting. COLLIER ~OUNTY PLANNING COMMISSION: 'g / admin / DOA- 2000-04/RN/im 3 AGENDAITEM DEC 1 2 ooo ~_ pg., 7 I I I I ! I I FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of 951 Land Holdings, Ltd., a Florida limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning Fiddler's Creek, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs~ (Date) AGENDA ITEM No, ~ DEC 1 2000 Ii I I I I I I I I I I ! I I Applicant (name, address, phone). 951 Land Holdings, Ltd., a Florida limited partnership 3470 Club Center Blvd. Naples, FL 34114 (941) 732-9400 Authorized Agent (name, address, phone). George L. Varnadoe Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Location (City, County, Township/Range/Section) of approved DRI and proposed change. Approved DRI location: Sections 11, 13, 14, 15, 21, 22, 23, 24, 26 & 33, Township 51 South, Range 26 East; Sections 13, 14, 15, 21, 22, 23, 24, 27 & 28, Township 52 South, Range 26 East; All of Section 18, Township $1 South, Range 27 East, lying South and West of U.S. 41 and all of Section 19 and the North IA of Section 29, Township 51 South, Range 27 East, Collier County, Florida. NOPC land location: Portions of Sections 11 & 14, Township 51 South, Range 26 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. FIDDLER'S CREEK BACKGROUND INFORMATION On June 12,1984, Collier County issued Development Order 84-3 for the Marco Shores DRI. Development Order 84-3 encompassed three separate non-contiguous developments, specifically the following: Unit 30; Isle of Capri com~ a~roial area_'. a!ld Horr's Island. A large segment of the Unit 30 portion of the Marcl Sho~~as rrently a15156o'ved been renamed and is now known as the Fiddler s Creek DRI. The cu 2- DEC 1 2 2000 I I I I I I I Master Plan for the Fiddler's Creek DRI is attached hereto as "Exhibit A" and was made effective by the Notice of Proposed Change approved in Collier County's Resolution No. 98-49, adopted February 24, 1998. The Marco Shores DRI, including the Fiddler's Creek portion of Unit 30 (hereinafter referred to as "Fiddler's Creek DRI") followed as a direct result of a comprehensive stipulated settlement agreement ("Settlement Agreement") entered into by and between the original developer, Deltona Corporation, and various agencies of the State of Florida, including the Department of Community Affairs, the Department of Environmental Regulation (now DEP), the South Florida Water Management District and Collier County. Several environmental groups were also parties to the Agreement, which was entered into on July 20, 1982. The Settlement Agreement resolved pending litigation and permitting controversies concerning the magnitude and extent of Deltona's development in and around the Marco Island area. As a direct result of the Settlement Agreement, the State of Florida obtained from Deltona in excess of 15,000 acres of land, including extensive mangrove and wetland areas, for preservation in perpetuity. The Settlement Agreement specified a "development area" within which Deltona and its successors, were authorized to commence and complete development with only limited further review by the State and its agencies. The original Fiddler's Creek DRI, as well as the 168 acres that are proposed to be added by this NOPC, are within the "development area" identified in the Settlement Agreement. The Settlement Agreement specifically provided that DRI applications for land within the development area were not required to contain information related to the following issues: soil types; site alteration/construction methods; fill/spoil information; existing hydrologic conditions; hydrologic impact; existing water quality; water quality impact; alteration of existing wetlands; designation of preserved wetlands; mitigation measures; flood criteria for the site; first floor elevations; vegetative associations; wildlife; impact of development on vegetation and wildlife; and histori. cal and archaeological sites; and information on surface water drainage. Following Collier County's issuance of the original D. evelopmen~ ?~)rder in 1984, the County has approved four substantive NOPC amendments to the ~: i~]dler's Creek D.O. Figure 1 below, contains a summary of the land uses and acrea~i~ ~n Fiddler's Creek approved by the original DO, the four approved NOPC amendre,-: ? and the currently proposed NOPC. PROPOSED CHANGE This proposed change to the Fiddler's Creek DRI is an addition of ~'.~o parcels of !and totaling approximately 168 acres, bringing the size ofthe Fiddler's of approximately 3,932 acres. The approved Master Plan of the F~ Jl. r's ~e~ I I AGE~(DA I.T~EM I I I I I I I I I I I attached as Exhibit "A", is being revised to include the additional 168 acres, which will be utilized for golf course and the relocation of some of the previously approved 6,000 residential units within the Fiddler's Creek DRI. The revised Master Plan, marked "Exhibit B" attached to the NOPC, depicts the additional 168 acres and the internal changes to the plan of development for Fiddler's Creek. The proposed change will not increase either the 6,000 previously approved residential units or the amount of approved commercial use within Fiddler's Creek. The addition of approximately 168 acres to the Fiddler's Creek Master Plan, with no increase in approved residential units, will reduce the gross density of the project to 1.53 units per acre from 1.6 units per acre. The proposed residential and golf course uses on the additional !and are consistent with the Collier County Comprehensive Plan, including the Future Land Use Map in that the additional parcels are within the Urban Designation Area (Urban Coastal Fringe Sub District) of the County. This NOPC is also consistent with the County's desire to reduce residential density. The density of the Fiddler's Creek DRI will be reduced from 1.6 to 1.53 units per gross acre with this amendment. The additional parcels (168 acres) could be developed at a density of up to 4 units per acre, with up to 672 additional residential units under the Collier County Comprehensive Plan, but these additional units can never be constructed if the NOPC amendment is approved. Because no additional residential units or commercial uses are proposed, this change will not result in an increase in traffic, nor will it adversely impact any other public or private facilities or services. Although the number of proposed multi-family residential units is being lowered by 900, with a corresponding increase of the same number of single family units, the traffic impact analysis by David Plummer & Associates, attached as Exhibit "E", demonstrates that the proposed addition of !and to the Fiddler's Creek DRI will not increase traffic impacts on regionally significant roadways. Since the 168 acres to be added to Fiddler's Creek are within the development area specified in the State's Settlement Agreement with Deltona Corporation, this NOPC to the approved Fiddler's Creek DRI is submitted in accordancewith and pursuant to the modified DRI application and review requirements specified in the Settlement Agreement. An environmental assessment of the 157 acre parcel is attached as Exhibit ".F". The County does not require an environmental assessment of the 10 acre parcel because it is cleared, disturbed by its previous use as the location of a treatment plant, and contains no significant environmental resources. No changes are requested to the phasing, or termination dates, nor to the commitments in the ADA. Because the Collier County Emergency Services Director has determined that hurricane shelter space is not appropriate within Fiddler's Creek, the d~ 4- DEC 1 2'2000 order condition regarding the provision of hurricane shelter space will be revised to incorporate an anticipated agreement between the Director and the applicant to provide, as an alternative, improvements to hurricane shelter space facilities in an appropriate location outside of Fiddler's Creek. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Chart, attached. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Since Collier County's initial approval of the Fiddler's Creek (Marco Shores) DRI in Development Order 84-3, issued on June 12, 1984, changes to the project have been approved in the following development order amendments: a. Resolution No. 84-237 adopted December 11, 1984. This amendment approved the terms of the Stipulation of Settlement between Deltona Corporation and the Department of Community Affairs which resolved an appeal of the original development order. The changes amended the traffic provisions in Section 4.D to provide for a definition of substantial impact on the roadway system and changed other transportation provisions. b. Resolution No. 89-149 adopted June 13, 1989. The second amendment reduced the number of dwelling units approved in Fiddler's Creek from a total of9,110 dwelling units to 7,000 units and required the developer's contribution of an 18.4 acre lake site as a source of fill for the widening of S.R. 951 as the developer's "fair share"- contribution requirement. c. Resolution No. 96-333 adopted July 23, 1996. The third amendment reduced the number of dwelling units from 7,000 to 6,000 units and reduced the approved commercial acreage to 33.6 acres with 325,000 square feet of commercial use. The amendment also increased the amount of preserve area by 201.37 acres and added a 22.9 acre parcel to the project. d. Resolution No. 96-530 adopted November 26, 1996. The fourth amendment added 690 acres in Section 13 to Fiddler's Creek, with no increase in units or commercial square footage. - !~A.~:ND~ DE O 122000 e. Resolution No. 98-49 adopted F~bruary 24, 1998. The fifth amendment added 1,385 acres to the project for a total of 3,764 acres, with no increase in the number of approved units or commercial square footage. The additional land is to be used for golf and the relocation of previously approved residential units. Describe any lands purchased or optioned within IA mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/: mile on a project master site plan or other map. There is no additional !and owned or under option by the developer within 1/2 mile of the Fiddler's Creek DRI, as amended by this NOPC. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06( 19)(e)2., Florida Statutes? YES NO X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The revised Fiddler's Creek Master Plan is attached as "Exhibit B". Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: DEC 1 2 2000 I I I I I I I I i® I I I .! I I bo Co All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The only changes to the current Fiddler's Creek Development Order will be to reflect the additional acreage within the project boundary, to change the shelter space condition, and to revise the legal description. An amended proposed Development Order is attached hereto as "Exhibit C". An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; See Exhibit "FC-CI" to the draft Development Order enclosed as NOPC Exhibit "C". A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is requested. A proposed amended development order date until which the local government agrees that the changes to the DR1 shall not be subject to down-zoning; unit density · reduction, or intensity reduction, if applicable; and Not specified in the original or current Development Order; not applicable. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. I I SUBSTANTIAL DEVIATION DETERMINATION CHART FOR LAND USES IN FIDDLER'S CREEK TYPE OF CHANGE PROPOSED ORIGINAL RES. #98-49 LAND USE CATEGORY PLAN PLAN FEBRUARY 24, 1998 NOPC Residential # Dwelling units 6,000 D.U. total 9,110 D.U. 6,000 D.U. total Type of dwelling units 3,000 S.F. 2,100 S.F. 3~000 M.F. 3~900 M.,F. I # Lots No Chan[~e Not Specified No Chan[~e Acreage, inc. drainage, ROW, N/A Not Specified N/A I easements, etc. ! Site Iocational changes See Exhibit "B" Original Master Plan See Exhibit "A" I # External vehicle trips for totalNo Change 58,463/day 41,524/day project , D.O. conditions I W'~-" sale, Retail, Acreage, including drainage, ROW, No Change 47.0 acres 33.6 acres (7/23/96) St -. easements, etc. '~ Floor space (gross sq.ft.) No Change 383,988 325,000 (1 i/26/96) # Parkin[ spaces N/A N/A N/A # Employees N/A N/A N/A Site Iocational chan[~es No Chan~e See Exhibit "A" # External vehicle trips No Chan~e D. O. conditions No Chan[~e ADA Representations No Chan[~e Holel/Motel # Rental Units No Chan~e 160 No Chanl~e Floor space (gross sq.fL) N/A # Parkin~ places N/A # Employees N/A Site locatiohal chan[~¢s N/A Acreage, including drainage, ROW, N/A easements, etc. ~ ~ # External vehicle trips N/A I _ .o. FAYPEOF CHANGE PROPOSED ORIGINAL RES. #98-49 ND USE CATEGORY PLAN PLAN FEBRUARY 24, 1998 NOPC D.O. conditions N/A ADA representations N/A Open Space (all Acreage 1652.56 acres 614.2 acres 1634.5 acres natural and vegetated) Site locatiohal changes See Exhibit "B" See Exhibit "A" Type of open space 128.16 ac. parks 35 acdparks 126.8 ac./park 687.7 ac. lakes 256 ac./!akes 682.65 ac./iakes 53.39 ac. buffer 323.2 ac./recreation 109.0 ac./buffer 771.14 ac. golf& 666.4 ac./ree. & golf rec 12 ac./club center 12.17 ac. Club Center non-impervious D.O. conditions surfaces) ADA representations Preservation, Buffer or Acreage 756.4 ac. 42 ac. 756.4 ac. S~p~cial Protection Site locatiohal chan~es No Change See Exhibit "A" Development of site proposed D. O. conditions No Chan~:e ADA representations No Change I i I I I I AGENDA ITEM DEC 1 2 2000 .. ?~._/.'7 OCT-E]6-2[~00 ~9:56 SbJFRPC P. ~1 SOUTHW£ST FLORIDA REGIONAb PLANNING COUNCIL LEE COUNTY MPO FAX COVER SHEET ~'~ent SOUTHWI~ST FLORIDA RDC TO: Kon Nino DATE: October 6, 2000 ORGANIZATION: Collier County Development Services FROM: Dan Tr¢scott PHONE #: EXT #: # OF PAGES (including cover sheet): 11 N ZS: The attached agenda item was approved by the SWFRPC at their July 20, 2000 meeting. If you do not receive all t. he pages or if you have any questions, please call (941) 656-7720 or SunCorn 749-7720. DEC 1 2 2000~ 0C¥-~6-2000 09~57 $~FRPC P.O~ ATTACHMENT I FIDDLER'.S CREEK DRI WESTERN COLLIER COUNTY -- AGENDA ITEM gEO 1 g 2000 OCT-¢6-21~EIO ¢9.' 5;8 SI,dFRPC P. 1E1 DEC I 2 2000 OCT-~6-2DDO 09:58 SLdFRPC F'.11 I I~EO I ~ ~.000 t TOTAL P. 11 OCT-86-2B00 09:56 SMFRPC P.02 Agenda Item #3(c) FIDDLER'S CREEK/MARCO SHORES DRI NOTICE OF PROPOSED CHANGE BACKGROUND /he Fiddler's Creek Development, or Unit 30, is a portion of a larger Development of Regional lmpact (known as Marco Shores), located in southwestern Collier County, and in the vicinity of Marco Island (See Attachment I, Location Map). The larger DRI is unusual in that it includes a number of non-contiguous land development areas, which together were the subject of a law suit involving the original developer, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources (now both FDEP), the Florida Department of Community Affairs (DCA), Collier County, and various private conservation organizations. The Settlement Agreement ending the lawsuit was entered into on July 20, 1982. On June 12, 1984, the Collier County Board of County Commissioners approved the DRI Application for "Unit 30, Isle of Capri Commercial and Key Marco (Horr's Island) and part of Marco Shores Planned Unit Development" (hereafter known as The Marco Shores DRI). The original D.O. approved development within three main areas, The areas and development approvals were as follows: Unit 30:9,110 residential units (primarily multi-family), with parks, recreation areas, schools, utility sites, community facilities, churches, lakes and roads; all on 1,645.91 acres. Isle of Capri Commercial Area: neighborhood commercial uses (unspecified); located on 7.44 acres. Key Marco/Horr's Island: 300 multi-family units, with parks and recreation areas; all on 212,89 acres. A fourth area, known as The Goodland Marina, was included within the Scttlement Agreement, but was not originally part of the DRI. Later changes to the DRI (see below) added a 150-room hotel, restaurant and utility site to the Isle o£ Capri Commercial Area, reduced the number of residential units within Unit 30 to 6,000 units, added a hotel/resort to Unit 30, and combined the marina with the remainder of the DRI. Regional staff believes that the entire Marco Shores Development is currently approved for the following development areas and uses: a) Unit 30 (approved for 6,000 units, on 1,689.11 acres, with a 33.6-acre commercial area containing 325,000 square feet of commercial space); b) Isle of Capri (approved for a 150-room hotel, accessoLy uses, restam, utiliLv site on 7,44 acres); DEC 1 2 zooo 0CT-~6-28~8 ~9:5~ SLdFRPC P.83 Horr's Island (approved for 300 units on 212.89 acres); d) Barfield Bay Multi-Family (approved for 314 units on 49.04 acres); e) John Stevens Creek (approved for 72 units on [4.54 acres); Goodland Marina (approved for marina uses on 15,83 acres). The Fiddler's Creek portion of Unit 30: the subject of this NOPC, is currently under construction and partially occupied. PREVIOUS CHANGES Regional staff is uncertain regarding both the manner in which some portions of the Marco Shores DR.[ were designated as separate development areas and as to the amount of development that has taken place in these areas. Some approvals for development seem to have occurred through administrative actions that were not transmitted to the Sourlywest Florida Regional Planning Council for recording putposes. These administrative actions were related to certain D.O. stipulations regarding "ffactionalization of tracts". The actions allowed the original DRI to be broken up into the subdivisions listed above and also allowed the Goodland Marina to be considered as part of the DRI. However, the following D.O. amendments have been adopted by Collier County. Resolution #84-237, adopted by the Collier County Board of County Comn'fissior~ers on December I l, t984. The original Marco Shores Development Order had been appealed by thc Florida Department of Community Affairs (DCA) based, primarily, on traffic concerns. This resolution authorized acceptance, by Collier County, o£ the Settlement Agreement between the original developer (Deltona Corporation) and DCA. The amendment also contained revised transportation language which: Included specific provisions for the manner by which a substantial deviation determination (NOPC review) could be requested by the Developer. The original D,O. had not included specific provisions regarding substantial deviation reviews, Included a definition of "substantial impact" on the original roadways impacted by the Marco Shores Development (primarily U.S. 41 and S,R, 95t). Included a provision recognizing that the Florida Department of Transportation (FDOT) would require right-of-way from the 4e, u~laner few A~ENDA ITEM expansion of U.S. 41 and S.R. 951. ~. /?f~ DEC 1 2 zooo CCT-K-_~IG,-2~I31~ 1~9: 56 SI.dFRPC P. ~4 o Resolution #88-117, approved by the Collier County Board of County Commissioners on May 24, 198g, amended the commercial uses to be allowed within the Isle of Capri Commercial Area. The Resolution allowed a 150-room hotel/motel, up to four stories in height, restaurants and certain accessory uses to be constructed within the Conunercial Area. Previously, this area had been limited to "Neighborhood Commercial". The Resolution 'also stipulated certain development standards and required vegetation buffers for a utility area located on the northwest comer of the property. The Resolution included environmental, water management, traffic, utilities and engineering conditions tailored specifically to the property. The owner of the property (Isles of Capri Civic Association) committed to not begin site clearing or filling activities until after the four-laning of State Road 951. Vertical development was prohibited from taking place until completion of the road widening. Resolution #89-149, approved on June 13, 1989, reduced the residential unit total for the entire project from 12,340 to 10,230. The D.O. "Fraetionalization of Tracts" section was amended with stipulations regarding actual and potential violations. The entire DRI was limited to 10,001 multi-family units. The northern golf course within Unit 30 was recognized as a hotel/resort area. The owner of Unit 30 was given permission to create a Community Development District for the site. Changes were made to the Unit 30 drainage plan. The developer was allowed to contribute fill, from a designated borrow pit site, for the expansion of State Road 951, in lieu oftraffle impact Fee requirements. Internal road connections to S.R. 951 were placed on a phasi~g schedule for improvements to the highway. The County authorized use of the construction entrance road (from U.S. 41) as an emergency access point. Finally, the developer committed to not constructing a causeway between Unit 30 and Unit 27. Resolution #96-333, approved on July 23, 1996, resulted in the current land use approvals, as described for Unit 30, above. The resolution reduced the number of residential units in Fiddler's Creek from 7,000 to 6,000. The overall residential acreage (and project acreage) was increased by 22.9 acres. The Fiddler's Creek/Unit 30 commercial area was rcduced from 43 acres (or 47 acres) to 33.6 acres, and the commercial area was defined as having approval for 325,000 gross square feet of commercial space. An additional 201.37 acres was added to existing preserve acreage. Finally, the project's Master Plan was amended to reflect the listed changes. Resolution #96-530, approved on November 26, ~996, added 690 acres to Fiddler's Creek, portions of which are in Section 13 located adjacent to the northeast portion of Unit 30. With this additior~, the overall acreage of Unit 30 increased from 1,689.11 acres to 2,379. l! acres. The applicant requested no increase in the number of units, and as such the residential density d '- - 7o · 2000 0CT-~6-2080 89:57 SWFRP£ P.BS 3.55 units/acre to 2.52 units/acre. This change also increased the lake, open space and golf course use by 293 acres. Finally, the change authorized the developer to seek the establishment of a new community development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district within Fiddler's Creek. Resolution #98-49 approved on February 24, 1998, added 1,385 acres to the Fiddler's Creek Development, bringing the project to 3,764 acres. There was no increase to the number of residential units or the mnount of commercial square footage. The additional land area will be used for golf course and the relocation of previously approved residential units, Attachment II shows the approved Master Plan for the existing Fiddler's Creek portion of the Marco Shores DRI. PROPOSED CHANGES The applicant for the proposed changes is 951 Land Holdings, Limited, an association of the various landowners and developers within the Fiddler's Creek development. The applicant is proposing to add two parcels of land, totaling approximately 168 acres, into the current Fiddler's Creek Development. The total land area for Fiddler's Creek would increase from 3,764 acres to 3,932 acres. Once again, the additional land area will be utilized for golf course and the relocation of previously approved residential units. Attachment III, the proposed Master Plan, indicates the manner in which the additional acreage will be incorporated into the existing Fiddler's Creek Development. In addition to the above land area addition, the applicant is proposing to reduce the approved number of multi-family units from 3,900 to 3,000. Simultaneously, the number of single-family units in the project will increase from 2,100 to 3,000. The expansion of units ever a larger area will reduce the residential density of the development from 1.6 units per acre to 1.53 units per acre. The cm-rent development order for Fiddler's Creek contains a requirement for ohsitc hurri-cane shelter~ for thc residents of the DRI. Because the Fiddleifs Creek Development is primarily located within a Categot.'y I stoma surge zone, Collier County Emergency Management has determined that the use of ohsitc shelters is inappropriate. The County and the applicant are in the process of developing an agreement whereby the project's hurricane shelter impacts would be, mitigated through applicant-funded improvements to cxisting public shelters. The applicant is proposing to replace the current ohsitc shelter recluirement with a reference to the anticipated agreement. CHARACTER, MAGNITUDE, LOCATION The proposed change would not affect the character of the DRI; which largely 'residential development wida some commercial acreage. The ma AGENDA ITEM :11 re~ai,~ t,? ~ nitude and DEC 1 2 2000 9CT-86-2880 89:S? $LIFIRPC F',O~ location of the DRI would be affected by the proposed changes. The applicant is proposing to add new land area to the DRI (approximately 168 acres) and to a[ter the currently approved mix of multi-family and single-family units. The Master Plan Map for the development would also be amended (see Attachment III). According to Section 380.06(].9)(e)3., Florida Statutes, (in part): "Any addition of land not previously reviewed...shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." REGIONAL GOALS, RESOURCES OR FACILITIES The proposed changes to the Fiddler's Creek Development have the potential to impact four regional issue areas. These are: Wetlands and Stormwater Management, Protected Species, Hurricane Evacuation and Transportation. Wetlands and Stormwater Mariacement The t68 acres that are proposed for acquisition by Fiddler's Creek can be divided into two parcels. For the location of these parcels please see Attachment Ill. The northen~ parcel is approximately l0 acres in size and consists of a former row crop field that has become infested with exotic vegetation. The southern parcel is approximately 158 acres in size and contains a mixture of native we0ands (about ~,0 acres) and uplands, with some exotic infostation. Both parcels are currently being utilized for cattle grazing. Th~s entire Marco Shores DR}[, including Fiddleifs Creek, plus much of the surrounding area is subject to the terms of the Settlement Agreement referenced in the first portion of this agenda item. Within the agreement, lands were designated as being either "preserve" or "future development". The bulk of the Fiddler's Creek DRI as well as the subject 168 acres was designated as being "future development". Developable lands within the Settlement Agreement boundaries are not subject to as stringent environmental permit requirements as development in other areas. Therefore, the applicant is not required to preserve wetlands or sensitive uplands located within the 168 acres. In fact, the whole acquisition area will be developed as golf course and residential uses. However, Collier County Development Order requirements for Marco Shores/Fiddler's Creek require the applicant to incorporate. existing native vegetation into the project's landscaping xvherever possible. In actuality, the developed landscape (incorporating native vegetation) may be more valuable to wildlife than the current ohsitc wetlands. These ,.vetlands have been severely impacted by the construction of a number of drainage canals through the subject property. The applicant is proposing to replace the existing drainage canals by a Stormwater management system featuring interconnected lakes. Lake littoral zones xvill provide some benefit to wildlife. AGENDA I~EM NO. _~ "V I) DEC 1 2 2000 OCT-~E,-2~B~ 89:57 S~FRPC P.87 Protected Species An environmental survey was conducted upon the 168 acres in June of 2000. The only protected species observed to be utilizing the proposed acquisition area at that time were two immature bald eagles (threatened). The eagles were observed foraging within the onsite drainage canals. Construction of the surface water management system is likely to increase the value of the subject property as forage habitat for the eagles. Transportation The Fiddler's Creek Development primarily impacts two regional roadways. These are U.S. 41 and County Road 951 (also known as Isle of Capri Road). In order to rebut the substantial deviation presumption from the standpoint of transportation impacts, the applicant must demonstrate that the proposed changes result in hess than a "15% increase in the number of external vehicle trips..,above that which was projected during the original development of regional impact review." In fact, the trip generation analysis submitted in conjunction with the Notice of Proposed Change demonstrates that the proposed changes would cause the development's overall trip generation to decrease. The revised development parameters would be expected to generate almost 18% fewer peak hour trips and approximately 13% fewer daily trips. Therefore, the applicant appears to have rebutted the substantial deviation presumption with regard to transportation impacts. Hurricane Evacuation Condition C.2.d., of the current Fiddler's Creek/Marco Shores Development Order reads as Follows: "All public and semi-public facilities and all recreational facilities and meeting halls shall be made available as storm refuge space." The County Emergency Management Department feels. that this condition .is inappropriate, due to the fact that the majority ofthe Fiddler's creek property is subject to stoma surge flooding in a Category I hurricane. Therefore, the applicant has addresscd the project's hurricane evacuation impacts through payment to the County of $15,000. to be utilized to install protective screening at Lely High School, the closest public hurricane shelter to Fiddler's Creek. County staff and the applicant reached agreement as this course ofaction on May 9, 2000. MULTI JURISDICTIONAl, ISSUES County Road 951 is. the primary access roadway to, and hurricane evacuation route for, the City of Marco Island. Thus, the potential exists for the proposed changes to create adverse transportation or hurricane evacuation impacts to Marco Island,- Regional staff has identified no ~uch adverse impacts_ ~o. DEC 1 2 2000 0CT-~6-2008 89:5? SUFRPC P.88 NEED FOR REASSESSMENT OF THE DRI The proposed changes do not appear to necessitate reassessment of the DRI, ACCEPTANCE OF PROPOSED D.O. LANGUAGE Regional staff is recommending that the draft development order language submitted by the applicant be accepted by Collier County. RECOMMENDED ACTIONS: Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed chatages do not appear to create additional regional impacts, and that Council participation at the local public heating is not necessary, unless requested by the County for technical assistance purposes. Request that Collier County provide a copy o£ any development order amendment, and related materials, to the Council in order to ensure that the amendment is consistent with the Notice of Proposed Change. AGENDA ITEM DEC 1 2 2000 DE JEB BUSH Goverr~or STATE OF FLORIDA OF COMMU PARTMENT NITY "Dedicated to making Florida a better place to call home" REC[IVED AFFAIRS STEVEN M. SEIBERT Secretary July 25, 2000 Mr. Ronald Nino, DRI Coordinator Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: The Fiddler's Creek DRI: Project File No. 984-032 Review of the Sixth Notice of Proposed Change to the Adopted D.O. The Department has completed its review of the draft development order (D.O.) to the Fiddler's Creek Development of Regional Impact (DPd) received in the Notice of Proposed Change (NOPC) submitted June 12, 2000. The applicant is proposing to add two adjacent parcels of land t6taling168 acres to the existing boundaries of the Fiddler's Creek DRI, and revise the shelter space condition in the current D.O. to incorporate an agreement with Collier County's Emergency Services to improve hurricane shelter space facilities in an appropriate location outside Fiddler's Creek. The Department has the following comments on the proposed changes. The proposed addition of 168 acres of land to the boundaries of the DRI is presumed to create a substantial deviation pursuant to Subparagraph 380.06(19)(e)3., Florida Statues (F.S.). The applicant has rebutted the presumption of a substantial deviation by including an environmental assessment of the proposed addition of land. The proposed revision to the shelter space condition in the current D.O. is presumed to create a substantial deviation pursuant to Subparagraph 380.06(19)(e)3., F.S. The applicant has rebutte~t the presumption of a substantial deviation by providing payment to the County to utilize, Lely High School, the nearest public facility outside Fiddler's Creek as a hurricane shelter space facility. Finally, the proposed revision to the legal description is presumed to create a substantial deviation pursuant to Subparagraph 380.06(19)(e)3., F.S. However, these changes will not create any additional impact. 2555 SH UMARD OAK BOULEVARD ,, TALLAHASSEE, FLORIDA 323 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 29 Internet address: http://www.dca.state.fl.us FLORIDA KEYS Area o{ Critical State Concern FieLd Office 2796 Overseas Highway, Suite 212 ,'~:aralhon, FLorida 33050-2227 NAo.GEN~, 9-2100 .0781 DEC 1 2 2.000 Mr. Ronald Nino. DRI Coordinator Jul>, 25, 2000 Page Two The Department, therefore, does not object to the proposed changes pursuant to Section 380.06(19)(f)4., F.S. If you have any questions or comments regarding this matter, please contact Roger Wilburn, Community Program Administrator, or Valerie James, Planner II at (850) 487-4545. Sincerely',4~. Bob Cambric, AICP Growth Management Administrator Bureau of Local Planning BC/vj cc~ Mr. George L. Varnadoe, Young, van Assenderp. Varadoe & Anderson, P.A. Mr. Daniel Trescott, DRI Coordinator, Southwest Florida Regional Planning Council AGENDA ITEM No. ~7 DEC 1 I I I I I I I I I I I I I I I I I I NOPC EXHIBIT "C" DEVELOPMENT ORDER ~ 00- RESOLUTION 98 00- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR UNIT 30, ISLE OF CAPRI COMMERCIAL AND KEY MARCO (HORR'S ISLAND) AND PART OF MARCO SHORES PLANNED UNIT DEVELOPMENT LOCATED IN SECTIONS 1 l, 13, 14, 15, 22, 23, 24 AND 33, TOWNSHIP 51 SOUTH, RANGE 26 EAST; SECTIONS 14, 15, 21,22, 23, 27, AND 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST; AND SECTIONS 18, 19, AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: AS PREVIOUSLY AMENDED, FOR MARCO SHORES DEVELOPMENT OF REGIONAL IMPACT CDRI"). INCLUDES REVISIONS: 84-237 MAY 24, 1988 JUNE 13, 1989 JULY 23, 1996 NOVEMBER 26, 1996 FEBRUARY 24.1998 88-117 89-149 96-333 96-530 98-49 I I I I I I I I I I I I I I I DEVELOPMENT ORDER "' ~ o-,-., O0- RESOLUTION 98 O0- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR UNIT 30, ISLE OF CAPRI COMMERCIAL AND KEY MARCO (HORR'S ISLAND) AND PART OF MARCO SHORES PLANNED UNIT DEVELOPMENT LOCATED IN SECTIONS 11, 13, 14, 15, 22, 23, 24 AND 33, TOWNSHIP 51 SOUTH, RANGE 26 EAST; SECTIONS 14, 15, 21, 22, 23, 27, AND 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST; AND SECTIONS 18, 19, AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: AS PREVIOUSLY AMENDED, FOR MARCO SHORES DEVELOPMENT OF REGIONAL IMPACT ("DRI"). WHEREAS, 951 Land Holdings ~nt-¥entm'e, Ltd. (hereinafter "Developer") submitted a Notice of Proposed Change for the Marco Shores Planned Unit Development, Unit 30, and petitioned the Board of County Commissioner of Collier County, Florida to amend the Marco Shores Development Order, Collier County Development Order 84-3, as previously amended by Resolutions 84-237, 88-117, 89-149, 96-333, and 96-530 and 98-49, only with respect to the Unit 30 portion of the Marco Shores Development Order; and WHEREAS, Developer desires to add approximately 168 acres of land, portions of Sections 11 and 14, Township 51 South, Range 26 East, lying south and west of U.S. 41, in Collier Court .ty, consisting of two parcels of land more particularly described in Exhibits "ADD.-I" and "ADD.-2", attached hereto, to the Fiddler's Creek portion of Marco Shores ~,~,,,,,~,, of M~,-co °' ......and I~ 1 .... _'___~. ......~ ....J x- -- xl-- ,11-~-'J.31__1_ ~ ....I. A -1J:.:___,,.d -1- AGENDA J.,T~E M DEC 1 g 2000 I I I I I i I I I I I I I I I I ! I WHEREAS, this amendment is only intended to amend Development Order 84-3, as previously amended, as it relates to Fiddler's Creek. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners, Collier County, Florida, that: Section I. That this Resolution shall constitute an amendment to the Development Order issued by Collier County in response to the ADA filed by Deltona, previous Notices of Proposed Change and the Notice of Proposed Change filed by the Developer for a portion of Unit 30, which is a component of Marco Shores, a Planned Unit Development, Isle of Capri Commercial Area and Key Marco (Horr's Island). The Fiddler's Creek portion of Marco Shores shall consist of ~37-,-,-,-,-,-,-,-,7~ 3,932 acres, 6,000 dwelling units, 33.6 acres of"Business", open space, golf courses, lakes and preserves as set forth herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA, prior amendments approved for the development, changes approved herein and the supporting documents which by reference are made a part hereof as composite Exhibit "B". Section 2. That the Board of County Commissioners, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. That the real property which is the subject of the ADA and Development Order 84-3, as amended, is legally described as set forth in Exhibit "A", and Exhibit "FC-CI", the legal description for Fiddler's Creek with the addition of the 168 acre tract, which is attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19) F -2- orifianoama~t~ OEC 1 ~ ZOO0 I I I I I as modified by the Marco Agreement. C. The applicant submitted to the County an ADA known as composite Exhibit B, and by reference made a part hereof, to the extent that it is not inconsistent with the terms and conditions of this Order. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Horr's Island all of which are a part of the Marco Shores PUD. Fiddler's Creek consists of 5;-,-,-,-,-,-,-,-,7~ 3,932 acres: 3900 ,3000 multi-family Units, and 2100 3000 single-family dwelling units for a total of 6,000 dwelling units at a gross density of 1.6 1.53 units/acre; business sections; sites for parks; recreation areas; Collier County School Board property; utility facilities; community facilities; preservation areas; and lakes; and roads. Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by the Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. Horr's Island is 212.89 acres, 300 multi-family dwelling units at 1.41 units/acre with parks and recreation area. The Development is consistent with the report and recommendations of the SWFRPC. F. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. G. A comprehensive review of the impact gefierated by the development has been conducted by the County's departments and the SWFRPC. H. The development is not in an area designated an areas of critical state concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. I. The development is consistent with the land development regulations of Collier County. -3- 200 I Section 3. That the Board of County Commissioners having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the record in this proceeding, the Developer and the various departments of the County are authorized to conduct development as described herein, subject to the conditions, restrictions and limitations set forth herein. B. That the review by the County, the SWFRPC and other participating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Chapter 380 and the Marco Agreement, within the terms and conditions of this Order and the ADA. Section 4. This Board of County Commissioners finds that the applicant has adequately addressed and/or has agreed to satisfy those conditions and stipulations set forth by the SWFRPC in the SWFRPC's "conditional approval" (Item C below) of the ADA, and agreed to all additional c~nditions, stipulations, restrictions and limitations set forth by the Board of County Commissioner as follows: A. Substantial Deviations: Retriggering of Development of Regional Impact Process. Further review pursuant to Chapter 380.06, may be required if a substantial deviation, as defined in Chapter 380.06, occurs. The applicant shall be given due notice of, and an opportunity to be heard at any hearing to determine whether or not a proposed change to the develop.ment is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions herein, failure to follow the plans and specifications submitted in the ADA and supplementary information, or by activities which are not commenced until after the expiration of the period of the effectiveness of the Order. B. The Applicant shall submit an annual report in accordance -4- AGENDA ITEM No. 1 '-7 ~ ith the ' 1 2000 Section 380.06(18), on the Development of Regional Impact to the County, the SWFRPC, the State Land Planning Agency, and other agencies as may be appropriate, by December 31 each year until and including such time as all terms and conditions of this Order are satisfied. Such report shall be submitted to the Collier County Community Development Administrator who shall, after appropriate review, submit it for review by the Board of County Commissioners. The Board of County Commissioners shall review the report for compliance with the terms and conditions of this Order and may issue further orders and conditions to insure compliance with the terms and conditions of this Order. The applicant shall be notified of any Board of County Commissioner hearing where in such report is to be reviewed, provided however, that receipt and review by the Board of County Commissioners shall not be considered a substitute or a waiver of any terms or conditions of this Order. The annual report shall contain: 1. The SWFRPC's monitoring forms as may be required; 2. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 3. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual reports; 4. A statement listing anticipated applications for development permits, required pursuant to applicable regulations which the applicant proposes to submit during the year immediately following submittal of the annual report; 5. A statement setting forth the name(s) and address(s) of any heir, assignee or successor in interest to the applicant. in its capacity as developer of Marco Shores Planned Unit Development; and 6. A statement that all persons have received copies ofl -5- DEC 1 2.000 I I I I I I I I I I I I I I I I I report, as required under Chapter 380.06(18). It is the intent herein, that the foregoing requirements for submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. C. Southwest Florida Regional Planning Council's stipulations of approval are as follows: IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: I. Energy: The proposed project would be an all electric development and would increase the energy demands of the Region. Florida Power and Light Corporation is providing power to Marco Shores'Fiddler's Creek. All electrical transmission lines will be sited within rights of way or separate utility easements. Recommendations: The following list of energy conservr:tion :'eatures shall be incorporated into the final site plans and architecture for Marco Shores Planned Unit Development or implemented through appropriate deed restrictions and covenants in order to mitigate further the energy impacts of the proposed project. a. Provision of bicycle/pedestrian system connecting all land uses, to be placed along all arterial and collector roads within the project. This system is to be consistent with Collier County requirements. b. Provision of bicycle racks or storage facilities in recreation, commercial and multi-family residential areas. c. Cooperation in the locating of bus stops, shelters and -6- I passenger and system accommodations when a transit system is developed to serve the project area. d. Use of energy-efficient features in window design (e.g., shading and tinting). Use of operable windows and ceiling fans. Installation of energy-efficient appliances and equipment. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). h. in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. i. Installation of energy efficient lighting for streets, parking areas and other interior and exterior public areas. j. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch). k. design features that reduce requirements for water, fertilizer, maintenance and other needs. I. Planting of native shade trees to provide reasonable shade structures, streets and parking areas. m. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. n. Planting of native shade trees for each residential unit Reduced coverage by asphalt, concrete, rock and similar substances Selection of native plants, trees and other vegetation and landscape -7- DEC 1 000 o. Orientation of structures, as possible, to reduce solar heat gain by wails and to utilize natural cooling effects of the wind. p. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. q. Inclusion of porch/patio areas in residential units. 2. Hurricane Evacuation a. The applicant shall use a minimum first habitable floor elevation as designated by the Flood Insurance Rate Maps or Collier County Building Code (18" above crown of road), whichever is greater. b. A homeowners' association shall be established to provide education to residents concerning hurricane evacuation, shelters, etc. c. The Agreerrient dated April 4, 1995, between Developer and Collier County providing for Developer's contribution of an 18:4 acre lake for the excavation of · up to 500,000 c.y. of fill fully and completely satisfies Developer's "fair share" contribution for the residents' use of SR 951 as a hurricane evacuation route. e. A practical hurricane evacuation plan shall be prepared and implemented for the area. 3. Other: In the ADA for Marco Shores DRI, numerous commitments were made by the applicant to mitigate project impacts. Many but not all of the commitment were listed in these stipulations. a. All commitments and impact-mitigaling actions provided by the applicant within the ADA (and supplementary documents) that are not in conflict with specific AO ENDp.~IT~? conditions for project approval outlined above and as herein amended arc officially adop~d~ DEC ! g 7000 I I I I I I I I I I I I ! I I I I conditions for approval. b. The developer shall submit an annual report on the Development of Regional Impact to Collier Count?.,, the Southwest Florida Regional Planning Council and all affected agencies as required in Chapter 380.06(18), Florida Statutes. 4. Additional Considerations: Recommendations: Communications shall continue between the Developer and the State Agencies and Collier County to urg~ that these bodies enter into negotiations by which a public entity can acquire the area known as Horr's Island with attended public access. D. Commitments specified in the PUD Ordinance as set forth in Exhibit C attached hereto and be by reference made a part thereof and as follows: 1. Project Development and Recreational Facilities: The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "C" and Fiddler's Creek Exhibit "FC-~ru AI ", Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the PUD document. The northern Marriott golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is used primarily for the recreational use of their guests. Secondarily, residents of Fiddler's Creek will have access to this course on an as-space-is-available basis, and the public may have similar access. The soiathcrn aiid additional golf courses in Fiddler's Creek shall be constructed when feasible to serve the ' AGENDA IT~U surrounding residential units. The sauthci~ additional golf course courses and recreal onal ~o. DEC 1 -9- I I I I I I I I I I I I I I I I I facilities shall be privately owned facilities and constructed on the designated sites in conformance with the development needs of the project. Neighborhood parks, bike trails, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for subsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 84-3 have been dedicated to the Collier County and previously accepted by The Collier County School Board. Developer has traded property outside of Fiddler's Creek to the School Board for some of the property owned by the School District in Fiddler's Creek. Neighborhood Parks will be dedicated to the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Community Facilities Sites in Fiddler's Creek will provide a location for the construction of public facilities, which may include a sheriffs sub-station, fire station, library site and emergency medical services. These Community Facilities Sites will be dedicated to the County at the County's request. 2. Clearing, Grading, Earthwork and Site Drainage: All clearing, grading, earthwork and site drainage work shall be performed in accordance with the Settlement Agreement dated July 20, 1982, the applicable permits, and the Agreement with Collier County dated April 4. 1995, and as set forth in this document. The Settlement Agreement and revised conceptual drainage plans submitted with this Notice of Proposed Change will be used as a guide to the final development of the drainage and road systems within the various development areas. 3. Street Construction: All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as provided in the Settlement Agreement which is by reference referred to as Exhibit "F ~-~-' No. _ DEC 1 2 2000 i pg.~ L/./ _ I I I I I I I I I I I I I I I I I although modifications may be approved by the parties thereto. 4. Easement for Underground Utilities: Easements for underground utilities such as power, telephone, cable TV, waste-water collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5. Waste Water Management: a. Under the franchise modification, as provided for below in "b" of this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for construction and operating additional wastewater treatment collection and disposal facilities as necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. b. The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in A of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement"): (1) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such Development Area. (2) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas, known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to pr -11- ~vide~ DECl~2000 I I I I I I I I I I I I I I I I I I sewer service prior to commencement by Deltona of construction of any additional sewage treatment facilities to serve such areas. (3) With respect only to those areas known as Unit 24, Deltona shall dedicate all sewage collection facilities to Collier County at the time such areas area platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Deltona; alternatively, Collier County may conunit to provide immediate sewer service to the platted area, as provided in (2) above. In the event the collection facilities are leased back to Deltona, the lease shall be on the following terms and conditions: (a) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in (4) below, whichever first occurs. Co) advance. (c) Annual Rent - $1.00 per annum payable annually in Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (d) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear excepted. (e) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements, as De -12- I I I I I I I I I I I I I I I I I Collier County shall deem reasonable and appropriate. (4) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the purchase price shall be determining by adding: a) the amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and b) any accumulated net operating loss attributable to that portion of the sewer system accruing during that period commencing after 100 customers have been connected to the system through the date of closing. Collier County Utilities may provide all wastewater treatment service to Go Fiddler's Creek. d. It is anticipated that the Developer will use treated wastewater effluent to meet the non-potable water demands for Unit 24 and Fiddler's Creek when effluent becomes available. The effluent distribution lines will be dedicated to Collier County at the time of platting and in the event the Developer of Unit 24 leases back the sewage collection system as provided for in b above, the effluent distribution lines will be included in the leaseback. e. Deltona shall be required to locate the construction of the regional sewage facility in the general location of Fiddler's Creek. 6. Water Supply and Treatment and Distribution a. The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lyi -13- within any AGENDA lYE ~t.. ! No. DEC 1 2 2000 non-franchised areas. b. All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. c. All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. d. All water users in the non-franchised areas shall be County customers. e. Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay all appropriate system development charges applicable at the time application for the building permits are made. f. Collier County shall supply potable water service to Fiddler's Creek. Wells may be constructed in °--': ......,,,, ,,~ ____, ,,A _~-~- .....'--'- ~' ° ....' ......"" "'--' m Fiddler's Creek DRI and it, ,-,uu,~., ~ ,_.,,.,.~, nuu,t,u, tu p,u,,uc ,u.-},umu,,~ water iiiigation as permitted by the South Florida Water Management District. 7. Solid Waste Disposal: Solid waste disposal service for Fiddler's Creek shall be provided by Collier County or its franchisee. 8. Other Utilities: Telephone, power and cable TV service shall be made available Such utility lines shall be installed underground. to all residential areas. 9. Traffic: a. Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following: (1) Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signal shall be o, -14- ,,ned, AGENDA ITEM ~°' 17 DEC 1 2 2000 operated and maintained by Collier County. All required auxiliary turn lanes at each new intersection created (2) on SR-951 and US-41. (3) Street Lighting at major entrances into the development. b. The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. c. The Developer has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 951 to four lanes between New York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement. All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this DRI Development Order and PUD document relating to the provision of fill for State Road 951 have been fully satisfied by' execution of the Agreement between Developer and Collier County granting the County the right to enter upon the propert3' for the purpose of excavation of the fill needed for the four-laning of State Road 951. d. That Unit 24 be prohibited from any development until SRo951 is 4-1aned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4olaning of 500 feet of SR-95 I. This donation, to be used by the County solely for the 4-1aning of SR-951, shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole -15- AGENDA ITEM or in~e_'-t) DEC 1 2 2000 This donation shall be independent of the other fair-share contributions included within these recommendations. e. That the Isle of Capri Commercial Tract, due to the level of service of SR-951 closely approaching "D", be prohibited from any development other than site preparation, which is defined in the PUD document, until SR-951 is 4-1aned. f. That the Developer of Horr's Island and John Steven's Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Deltona will not be obligated to bear the cost of improvement to that portion of the intersection. g. If the marina is developed, the Developer of the marina shall be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. h. The Developer's contribution of the 18.4 acre fill source for the fill needs of the entire redevelopment of SR-951, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction, with the exception of required improvements at newly created development road intersections with SR-951 and US-41, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance 85-55 have been determined to satisfy the conditions of former Section 4.D.9. K.(4) of Collier County Development Order 84-3. i. The Agreement between Collier County and Developer as described in Paragraph 9.C. fully and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for -16- AGEND&.ITEM No. I'~/~ DEC I 2 2000 ! I I I I I I I I I I I i I I I I transportation and for mitigation of traffic impacts under this DRI Development Order and PUD document over and above legally imposed county-wide transportation impact fees. j. Any construction road installed from Unit 30 to U.S. Highway 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. 10. Polling Places: Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate County facilities are available, rooms will be provided within a building or fl-,c rccrcafion buildings designated by the Developer for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms will be determined by Collier County Supervisor of Elections. 11. Flood Elevation: In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Damage Prevention Ordinance, Ordinance 87-80, as amended. 12. Water Management: a. Fiddler's Creek has received conceptual drainage approval; however resubmission for conceptual drainage approval for Isle of Capri Commercial Area and Horr's Island shall be required that includes site specific information and coordination of recommendations dated May 15, 1984 endorsed by the Environmental Advisory Council. b. Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval for the proposed construction in accordance with the submitted plans is granted by the AGEND~ ITEM ~. ~?l~) -17- DEC 1 2 2000 I I County Engineer and the EAB, except as provided in the Agreement between the applicant and Collier County, dated April 4, 1995. c. The State and Deltona shall be urged to continue public acquisition negotiations for the purchase of Horr's Island. 13. Environmental Considerations: Category I Lands: Fiddler's Creek and Isle of Capri Commercial Area a. Category I Lands: Archaeological Resources (1) Developer will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (2) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (3) Ifa significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. b. CategoD' I Lands: Water Resources - QualiB' (1) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. c. Category I Lands: Water Resources - Quantity (1) Final water management plans, control slructure elevation, lake -18- A(~ENDA iTEM No. 1'"7/'~ DEC I g 000 I I I I I I I I I I I I I I I I I levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agreement. (2) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement. d. Category I Lands: Other (1) Native vegetation should be retained and used where possible for ground cover. to border areas. (2) If feasible, species should be transplanted from development sites (3) Where transplanting is not feasible, make native species that would otherwise be destroyed, available for the use of qualified individuals (e.g.) the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco lsland development areas). (4) Remove all existing exotics on site as described by County Ordinance. (5) Follow design considerations as outlined in County Environmentalist's memorandum dated May 15, 1984. Category II Lands: Itorr's Island e. Category II Lands: Native Vegetation and Habitats -19- I I I I I I I I I I I I I I I (1) Final site plans and drainage plans shall be designed to minimize the destruction of vegetation classified on Figure 1 as rare, unique, or endangered. (2) The final location of roads, buildings, parking areas, water management components, and other facilities shall be carefully chosen to minimize impacts on R.U.E. areas. (3) At these areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (4) Figures 2 and 3 depict typical, conceptual site development and drainage plans that reflect these guidelines. (5) Prior to construction, the final site plans and drainage plans for development shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County Environmentalist's memorandum dated May 15, 1984. (6) The majority of Horr's Island (excluding the mangrove areas within the development limit line) (Figure 1) is classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (7) A vegetational survey and an analysis of the prese~:ce and location of endangered, threatened or rare species is a normal requirement of the County £.I.S. ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site-specific, a detailed survey (including an upland plant community map) of the AGENDA ITEM NO. ~ DEC ~. ~ ZOO0 - 20 - composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shall be conducted by the applicant in consultation with a qualified South Florida Tropical systematic boteaist. (8) The vegetation survey, which will be utilized in the final site and I I drainage plans developed for Horr's Island and incorporated into the final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terms of Resolution R-82-86. I I I I I I I alteration. (9) All site-specific surveys will be conducted prior to any site (10) Those surveys conducted by the Environmental Section will not delay Developer's timetable. (11) Surveys for multi-family lots on Horr's Island may be delayed until future lot owners are ready to develop the site. (12) To this extent, the Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, water management facilities). (13) Surveys for the Developer's activities must however cover enough ! I of the surrounding areas to enable the selection of potentially more suitable locations. f. Category II Lands: Archaeological Resources: (1) The archaeological survey of Horr's Island to be conducted by the I I I I Developer's archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). (2) The results of this survey will be incorporated in the final site and -21 - I I I I I I I I I I I I I I I I I drainage plans for Horr's Island. (3) In addition to the pre-development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. (4) In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the Developer, or the County, or the State of Florida archaeological consultant a chance to excavate the find. (5) The Environmental Section or its selected consultation will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. g. Category II Lands: Water Resources (1) The final water management plans shall be designed to minimize the clearing and alteration of land in R.U.E. areas. (2) This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. (3) Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (4) Conceptual site plans with water management feature incorporating these comments are depicted in a generalized scheme in Figure 2, and for a section Horr's Island in Figure 3. (5) existing topographic gradients will retain natural flow and filtration characteristics; b) direction The benefits of following such plans include: a) development along AGEND~ ITEM .o. 1'7p DEC 1 g 2000 - 22 - I I I I I I I I I I I I I I I I I I of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; c) the retention of side-slope R.U.E. areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas while maintaining the existing natural conditions; and d) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (6) The ultimate stormwater discharge points will be carefully located in areas most suited for receiving such waters. (7) Low quality, semi-impounded wetlands, buffered from productive aquatic and wetland areas by distance, topography, or existing roads will be utilized. (8) Potential discharge points are indicated on Figure 1. (9) In order to minimize the degradation of water quality by the addition of fertilizers, pesticides and herbicides, the area extent of lawns around the development will be kept to a minimum. (10) The Environmental Section recommends a sodded area of no more than 5% of any structure's area. (11) The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (12) The final water management plans will be reviewed by both EAB and the WMAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memo - 23 - AGENDA ITEM DEC 1 ~ 2000 and depicted in Figures 2 and 3. (13) During plan preparation, the Developer will work with County staff to arrive at a final product compatible with these general guidelines and the associated conceptual diagrams. (14) approach which will best serve to minimize alteration of R.U.E. areas will be chosen. h. Category II Lands: Other (1) Native species will be transplanted from development sites to border areas. Where two alternative water management approaches exist, that severely restricted. Ordinance. (5) The use of introduced non-native species for landscaping will be - 24 - (6) All construction, clearing, and filling locations in or adjacent to designated R.U.E. areas will l~e flagged and field approved by the Environmental Section prior to the commencement of site work. AGENDAITEM No. I "~ £) DEC 1 ~ ~000 (2) Where transplanting is not feasible, native species that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco Island development areas). (3) Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. (4) All existing exotics on site will be removed as required by County (7) Turbidity screens, or other similar devices, will be used in I I association with work within or adjacent to wetlands. (8) All work will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 I I memorandum. Category I and Category II Lands: Additional Stipulation (1) The EIS prepared by the Corps of Engineers will be accepted to I I fulfill the requirements of Division 3.8 of the Collier County Land Development Code with the condition that the stipulations contained herein are followed. (2) Specific stipulations to modify site plans for all Category I and II I I I Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category II Lands final site plan review and approval by the EAB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. I I (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category II Lands and Unit 24 to ensure that the final water managemen! design does not unnecessarily destroy I I native upland vegetation, habitats, and associated wildlife. (4) The EAB and the WMAB will review and approve final drainage plans for Category II Lands prior to construction for compliance with conceptual comments and I I I I I designs outlined in the County Environmentalist's May 14, 1984 memorandum. (5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of fezone plans and the lack of site-specific information, to the -- AGENDA iTEM -25 - DEC 1 ~ 7000 I I I I I I I I I I I I I I I I I extent this provision is not modified by the Agreement between the applicant and Collier County, dated April 4, 1995. ~ (6) Tree removal permits for all Category I and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. (7) Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. (8) The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under separate petition. (9) The exact locations of the roads will be approved during the review of the final site plans. (10) Because some of the recommendations, particularly those involving development in areas of Horr's Island or other Category II Lands.designated as rare, unique, or endangered, would require specific actions and further review to ensure enviro~unentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with the petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. (11) Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provisions have been made for modifications of the plans such as proposed in the County Environmentalists's o 26 - DEC I ~ ~000 I I I I I I I I I I I I I I I I I I I May 15, 1984 memo. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with the Developers of all Category I and II Lands, initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Army Corps of Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D-11, D-46, D-47 and D-48 of this Exh/bit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation. In the event the Engineering Detail Drawings are varied in accordance herewith, the Developer shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and D-47. Exhibit E - 1A Wherever vegetation is discovered in Horr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply, to the extent the Developer of Horr's Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: -- ~ ~ AGENDA iTEM .o. J7.n - 27 - DEC 1 2 2000 * Multi-family tracts and roadways abutting wetlands shall not be required to have a minimum 10 feet wide by 6 inches deep swale. * Multi-family areas shall not be required to drain toward rear yard swales. * Developer shall be excused from compliance with the 1/2 inch dry retention storage requirement. * Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legall}, permitted, the Developer of Horr's Island shall design the Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. 14. Subdivision Regulations: a. The approved stipulations of the EAB per the memorandum from County Environmentalist dated May 15, 1984 may necessitate substitutions from the Subdivision Regulations to accommodate fine tuning of the final site plan; b. Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures; c. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to - 28 - each segment. I I I I I I I I I I I I ! I I I I I I do for the completion of subdivision approval by the County Attorney; 15. For the purpose of platting and replatting within the project area, assurance improvements will be provided by the Developer subject, to Maintenance Facilities: a. Developer has petitioned for, and the Florida Land and Water Adjudicatory Commission has established, a community development district created under Ch. 190, Fla. Stat., for the Fiddler's Creek area as it existed prior to the addition of the Fiddler's Creek Addition. The Developer may petition for the creation and establishment of a separate community development district pursuant to Chapter 190, Fla. Stat., for the Fiddler's Creek Addition or the developer or district may petition to expand the existing Community Development District, pursuant to Ch. 190, Fla. Stat., to include land added by this amendment, and, said Fiddler's Creek Addition, at its option. Within areas incorporated therein, any Community Development District serving Fiddler's Creek will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and systems, facilities and services: (1) Any drainage facilities and right-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek, including lake and lakeshore maintenance; (3) Internal neighborhood parks shall be dedicated to the Fiddler's Creek Homeowners Association or the Community Development District for ownership and maintenance; - 29- DEC I I I I I I I I I I I I I I I I I I I (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests or individual condominium associations; (5) Street lighting, and; (6) Such other common areas, projects, systems, facilities and services which are desired by the landowner or residents of the Fiddlers Creek Community Development District but which are not available through other local government or private enterprise and which are defined or authorized by Ch. 190, Fla. S+,at. Chapter 190 Fla. Star. grants community development districts created and established thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and non-ad valorem special assessments, borrow money and issue bonds. The Developer has the responsibility for the election of the members of the Board of Supervisors of the Fiddler's Creek Community Development District until it is turned over to the residents as provided under Chapter 190 Fla. Stat. (b) Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-Family Area: A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Propert)., Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) (2) The entranceway to Horr's Island, including any security system; The roadway from County Road 92 to Horr's Island and all internal -30- DEC 1 ~ 7000 streets and roads on Horr's Island, including all drainage facilities that are not the responsibility I I of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; I I (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and access-way to the Captain Horr house (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore I I the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and I I I (7) Such other community areas and facilities which are desired by the resident of Horr's Island but which are not available through local government or private enterprise. c. Isle of Capri Commercial Area: Roads in this area either already exist and I I are being maintained by the State or county or they will be dedicated to the County at the time of platting. All common areas and facilities will 1:~ the responsibility of the individual commercial owners and operators of the Isle of Capri Commercial Area. 1 I Other Commitments 1. Education: a. Pursuant to the requirements of this De;velopment Order, Deltona I I I I ! has previously dedicated school sites to the Collier County District School Board, which has accepted the same. 2. Recreation and Open Space: -31 - DEC 1 2 ZOO0 I I I I I I I I I I I I I I I I I I I a. Developer will construct neighborhood parks and bikeways as shown in the Marco ADA as amended herein and in the PUD document. These recreational facilities will be dedicated to the Fiddler's Creek Homeowners Association or Community Development District for the use of residents of Fiddler's Creek. Developer will also provide sites for numerous other recreational facilities, including golf courses and tennis facilities, as shown in the Marco ADA and as aiiicndcd Exhibit "FC-AI" herein and in the PUD document. These facilities may be reserved for use solely by the residents of the Fiddler's Creek Development and their guests. The conshxicfion -~"~- .....' .....Marriott's eighteen hole golf course in Fiddler's Creek will be used primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as-space-is-available basis and the public may have access on a similar basis. The southertl aiid eastern additional golf courses, recreational facilities and tennis center will be constructed when feasible to serve the surrounding residential units. The recreational facilities and tennis center may be dedicated to the homeowners' association or the Fiddler's Creek Community Development District ("CDD"). b. Deltona shall preserve the historic Horr Homestead located on Horr's Island. This historical site will be open to the general public; however, access may be available only by boat and reasonable restrictions may be imposed on the public's access to the site. 3. Police Protection: Upon request of the Board, the Developer of Horr's Island and Isle of Capri Commercial Area will donate to Collier County the community facility sites, as These sites will serve as sites for public safety facilities, including shown in the Marco ADA. sheriff substations. -32 - BEe 1 2 ?_000 I I I I I I I I I I I I ! I I I I I ! 4. Housing: Developer shall explore the economic feasibility of providing residences within Fiddler's Creek that are affordable by middle or lower income families. 5. Annual Monitoring Report: The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of the Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRi Monitoring Format", as may be amended, provided by the Southwest Florida Regional Planning Council. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. Section 5. If any significant historical or archaeological sites or artifacts are discovered during site preparation and construction, the Bureau of Historical Sites and Properties, Florida Department of State and the County Environmentalist shall be notified to determine the importance of such discoveries, and to determine appropriate measures to be undertaken to insure their preservation. Section 6. That the definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this Development Order. Section 7. That this Order shall remain in effect for a period of thirty-four (34) years eleven months from the effective date of this Development Order. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. - 33 - AGENDA ITEM EC 1 2 7_000 I I I I I I I I I I I I I I I I I I I Section 8. This Order shall be binding upon the Developer, assignees or successors in interest; provided, however, the obligations contained herein with respect to dedication of public safety facility sites, school sites, park sites, bikew ,', s and exercise courses, fill for State Road 951, provision of project water and sewer treatment plant facilities, construction of infrastructure beyond the bounds of the_rmrthem Marriott golf course and such other obligations which do not directly relate to the development and operation of the northern Marriott golf course, shall be the responsibility of the Developer of the residential and business areas of this DRI and not that of the developer of the northern Marriott golf course. Section 9. it is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Section 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. Section 11. In the event the Developer violates any of the conditions of this Development Order, or othersrise fails to act in full compliance with this Development Order, the County shall, pursuant to the notice and hearing requirements of this Section: (1) Stay the effectiveness of this Development Order; and (2) Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred. As a prerequisite to such - 34 - I I I action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. If a violation takes place, the County shall give the violator written notice by I I I I certified mail, return receipt requested. Said notice shall state the following: (1) The nature of the alleged violation; and (2) The tract or parcel, or portion of the tract or parcel, upo.n which the violative activity or conduct has occurred; and (3) That the violation must be cured within fifteen (15) days of the date of the notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt of this notice; and I I I I I I (4) That if the violation is not cured within such time period, the Board of County Commissioners shall hold a public hearing to consider the matter; and (5) That the hearing must be held no less than fifteen (15) days nor more than thirty (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen (15) day period, the violator's commencement of diligent, good faith efforts to cure said violation within this period shall obviate the need to hold the public hearing. The Developmen! Order shall remain in full force and effect during the pendency of the cure period. In the event the violator fails to commence diligent good faith efforts to cure or to I I pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violations by the Developer, its I I I I agents, grantees, successors or assigns. For purposes of this Section, the "tract" or "parcel" shall -35- DEC 1 2 2.000 I I be defined to mean any area of development created by plat or otherwise delineated as a separate development area. Section 12. Section 13. This resolution shall become effective as provided by law. The Marco Shores Development Order 84-3, as amended), is hereby amended to add the Fiddler's Creek Master Plan and Fiddler's Creek DRI legal description, which are attached hereto and incorporated by reference herein as Exhibit "FC--A-u A 1, and Exhibit "FC-C 1", respectively". Section 14.Findings of Fact: A. That the real property (.168 acres) which is added to Fiddler's Creek by this amendment is legally described as set forth in Exhibits "A""ADD.-1" and" A ,. .... m 1-,-, ADD-2, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Proposed Change to a Previously Approved DRI, marked as Exhibit "F", and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Marco Shores including a portion of the area now to be known as Fiddler's Creek on 1,689.11 acres of land for a commercial and residential development described in Development Order 84-3, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The de~,elopment is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. -36- DEC 1 2 2000 I Section 15. Conclusions of Law: I I A. The proposed changes to the previously approved Development Order as presented do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order I I Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit "F", by reference made a part hereof. B. The proposed changes to the previously approved development are I I consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land I I I Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. I I E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. Section 16. Effect of Previously lssued Development Order, Transmittal to DCA and I I Effective Date: A. Except as amended hereby, Development Order 84-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. I I B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Local Planning , and the Southwest Florida Regional Planning Council. I I I -37 - DE C 1 2 200~ Board. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commissioner moved for its adoption, seconded by Commissioner upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of Attest: offered the foregoing Resolution and and ,1998. Board of County Commissioners Collier County, Florida Dwight E. Brock, Clerk ~,o~o,~,~ B. ~,~-.v, T~mothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie M. Student ASSISTANT COUNTY ATTORNEY -38 - DEC 1.. 2 EXECUTIVE SUMMARY PETITION R-2000o06 J. GARY BUTLER, PE. OF BUTLER ENGINEERING, INC. REPRESENTING MARIO CURlALE OF SOUTHERN DEVELOPMENT CO. INC., REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "C-4" GENERAL COMMERCIAL. THE SUBJECT PROPERTY IS AN UNDEVELOPED 2.02 ACRE PARCEL LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST APPROXIMATELY ONE HALF A MILE EAST OF COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application seeking to have certain land herein described rezoned from its current zoning classification of "A" Rural Agricultural to "C-4" General Commercial for retail building supply business and contractors' offices. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "C-4" General Commercial Zoning District to build a building supply store and contractors' offices. The subject property is adjacent on one side to a property zoned C- 5 and owned by the applicant. The applicant has submitted plans to the County to build a hardware store on that parcel. This request is to add the subject 2 acres to the site already zoned C-5 and build building supply stores and contractors' offices. Except for the property lying opposite the site across the East Tamiami Trail and the property to the west, the remaining two contiguous property lines lie adjacent to residential development. The most sensitive relationship is along the north side where there are existing condominium residential structures. In order to mitigate and thus enhance the relationship between the proposed commercial development and adjacent residential structures it is necessary that certain development standards be employed. Stipulations contained in the Ordinance of approval are intended to do that. The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Within the Urban-Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for '?ow intensity office commercial or in-fill commercial development on smafi parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential, as allowed by the Density Rating System, may not be compatible or appropriate." In the past, staff has always maintained that 1 "" DEC I 2 2000 "C-3" Intermediate Commercial is the highest density commercial that could be considered "low intensity commercial". Staff at the Planning Commission hearing agreed with the Planning Commissioners to limit the uses allowed in this parcel to uses permitted in the "C-3" zoning district plus retail building supply business and contractors' offices. FISCAL IMPACT: This is a commercial development intended for a 14,000 square feet of commercial building; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $47,000.00 $16,926.00 $4,2OO.OO $ 3,017.00 $700.00 $700.00 $68,343.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based 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 by the ad valorem tax depends on the value of the improvements. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. 2 DEC l 2 2000 GROWTH MANAGEMENT PLAN IMPACT: This property is located within the Urban Residential Mixed-Us,9 designated area on the Future Land Use Map of the Growth Management Plan (GMP). It is adjacent on one side to a "0-5" Heavy Commercial, which entitles this property for in-fill commercial zoning. In the opinion of the reviewing staff this request for C-4 zoning with uses limited to C-3 uses plus retail building supply business and contractors' offices is consistent with the requirements of the GMP. ENVIRONMENTAL ISSUES: The applicant is not proposing any impacts to the wetlands or any other environmentally sensitive area on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review R-2000-06 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 2, 2000 ~nd by a unanimous vote recommended approval. Several people spoke about this project at the CCPC hearing. Stipulations were added to the Ordinance of approval to satisfy their concerns. Nobody objected to the approval recommendation of the CCPC with the added stipulations. 3 GE~. 12 2000 L_ PREPARED BY: 'CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ~/~ ~/ DATE REyl~WED ~3Y: R(~NALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JO,l~ U. DU~'NUCK, III, lUTERIM ADMINISTRATOR ~-A~-~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 4 DEC I 2 2000 .8. AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION October17, 2000 R-2000-06 OWNER/AGENT: OWNER: AGENT: Mario Curiale Southern Development Co. Inc. 845 Bald Eagle Drive Marco Island, FL. 34145 J. Gary Butler, PE. Butler Engineering, Inc. 2223 trade Center Way Naples, FL. 34109 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "A" Rural Agricultural Zoning District to "C-4" General Commercial District. GEOGRAPHIC LOCATION: The subject property is located on the north side of Tamiami. Trail East approximately one half a mile east of Collier Boulevard in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This site consists of 2.02 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "C-4" General Commercial Zoning District to build a building supply store and 1 DZC 12 2000 contractors' offices. The subject property is adjacent on one side to a property zoned C- 5 and owned by the applicant. The applicant has submitted plans to the County to build a hardware store on that parcel. This request is to add the subject 2 acres to the site already zoned C-5 and build building supply stores and contractors' offices. Except for the property lying opposite the site across the East Tamiami Trail and the property to the west, the remaining two contiguous property lines lie adjacent to residential development. The most sensitive relationship is along the north side where there are existing condominium residential structures. In order to mitigate and thus enhance the relationship between the proposed commercial development and adjacent residential structures it is necessary that certain development standards be employed. Stipulations contained in the Ordinance of approval are intended to do that. SURROUNDING LAND USE AND ZONING: Existing: Vacant, zoned "A" Agricultural Surrounding: North- Falling Waters multi-family development, zoned "PUD". East -Falling Waters Recreational Tract, zoned "PUD". South- US-41 ROW, vacant land, zoned "A" Agricultural. West- Vacant land owned by the applicant, zoned C-5. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Within the Urban-Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential, as allowed by the Density Rating System, may not be compatible or appropriate." The Comprehensive Planning has opined that the General Commercial (C-4) uses, as proposed by this rezoning application, would not provide the transition intended. Comprehensive Planning staff has consistently viewed C-3 as the highest intensity zoning district that could be considered "low intensity commercial". It is ultimately up to the Board of County Commissioners to decide if the application is consistent with the requirements of the Growth Management Plan. Transportation Element: The proposed C-4 use will result in 547 trips per day. Based on this date, the site- generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41 fronting the subject site. In addition, this project will not lower 2 AGENDA DES 12:2000 the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1and 5.2 of the Transportation Element.. Sewer and water: Water and sewer will be available to this site. Drainage: Water management requirements will be addressed at the time of SDP review and approval. Such approvals will be made consistent with Collier County drainage requirements. Open Space: Thirty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC at the time of SDP required approval. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County 3 AGENDA ITEM DEC 12 2000 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 cdtical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval. CRITERIA EVALUATIOk: 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. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon 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 cdteda are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. 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 or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) 4 DEC 1 2 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. A rezoning action having the effect of rezoning approximately 2.02 acres to "low intensity commercial" will be consistent with the provisions of the FLUE. Compatibility: The subject property is adjacent on the west side to a C-5 zoned parcel, where a hardware store and a lumber yard is planned. On the remaining three sides, this property.. will be adjacent to residential PUD and the recreational tract of the said PUD. By the virtue of the fact that this property qualifies for office and In-fill commercial under the Future Land Use Element of the Growth Management Plan, this commercial rezoning is compatible with surrounding and nearby land uses. Timinq: Clearly the timing of a rezoning action from "A" Agricultural is present when the land is impacted with nearby commercial zoning district, an arterial roadway and it is capable of being served by sanitary sewers and potable water supplies. Traffic: The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TE. The Transportation Element (TE) lists this segment of US-41 as a 2 lane arterial road. The current traffic count for this road is 4562 ADT which results in Level Of Service LOS "B". Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1 and 5.2 of the TE. Infrastructure: The site will be served by the Collier County water and sewer system. Availability letters and construction plan approval from the Collier County Utilities Department shall be provided prior to final Site Development Plan approval. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-2000-06 to the BCC with a recommendation for rezoning this property from "A" Agricultural to "C-3" General Commercial zoning district. 5 AGD~DA ITEM DEC, 12 2000 ~,~. /O PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ~,~)BER~' J. I~ULHERE, AICP, DIRECTOR PLANNING SERVICES /~ / DATE DATE DATE Approved by: ,JOHN I~. DUNNUOK, INTERIM ADMINISTRATORDATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE8 DIVI810N Petition Number: R-2000-06 Staff report for November 2 CCPC meeting. This petition has be tentatively scheduled for December 12, 2000 BCC meeting. 6 AGENOA IT DEC 12 2000 .s.. I! REZONE FINDINGS PETITION R-2000-06 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: It is the opinion of the Comprehensive Planning Section that a rezone to C- 3 will be in compliance with the Growth Management Plan. However, a fezone to C-4 will require the Board of County Commissioners findings that the C-4 uses are "low intensity commercial" uses. Con: None. Summary Findings: The proposed rezone to C-3 will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. ProlCon: Evaluation not applicable. SURROUNDING LAND USE AND ZONING: North- Falling Waters multi-family development, zoned "PUD". East -Falling Waters Recreational Tract, zoned "PUD". South- US-41 ROW, vacant land, zoned "A" Agricultural. West-Vacant land owned by the applicant, zoned C-5. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to a large C-5 zoned property. Con: None. Summary Findings: This property is of a sufficient size that this rezone will not result in an isolated district unrelated to adjacent and nearby districts. 1 AGENDA ITEM "~i7~ DEC 12 2000 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property propos, e,:l for change. Pro: The distdct boundaries are logically drawn and consistent with the GMP. Con: None. Summary Findings: There are commercial lands to the west of this project. This rezone, if approved, will increase the amount of commercial land in the area. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: 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 is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. ProlCon: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation action should serve to ameliorate impact on an adjacent residential PUD. 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-An action to rezone the property as requested is consistent with all applicable transportation elements. II- The property fronts directly on arterial roads thereby providing an immediate highway system over which traffic from this project is defused. 2 12 2000 Con: Urban intensification results in greater volumes of traffic on the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a ~;ondition of approval. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning 3 AC-~J4~)A lTF. Jm~ DEC 1 2 2000 districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Su'mmary Findings: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to 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: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the 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 the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. 4 AGENDA ITEM DEC 12 2000 Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro/Con: Evaluation not applicable. Summary Findings: ^ 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. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. 5 AGENDA ITEM DEC 12 2000 Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. 6 DEC 12 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" AGRICULTURAL TO "C-4" GENERAL COMMERCIAL; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, J. Gary Butler of Butler Engineering, Inc., representing Southern Development, 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 real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed fi'om "A" Agricultural to "C-4" General Commercial and the Official Zoning Atlas Map Number 1603N, 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 fezone is hereby approved subject to the following conditions: A pre-cast masonry decorative fence six (6) feet high shall be constructed along the property line contiguous to the Woodfield Lakes PUD. No buildings or building material storage may occur within sixty (60) feet of the contiguous lot line of the Woodfield Lakes PUD with the exception of the lot line adjacent to the Recreational Tract. 3. No building or structure shall exceed a height of twenty-eight (28) feet. The wall of any building or structure adjacent to the Woodfield Lakes PUD shall be insulated to inhibit noise emissions to said property. Permitted uses for this tract are: all uses permitted in the C-3 zoning district, Construction-Special Trade Contractors SIC # 1711-1799 and Building materials, Hardware stores SIC # 5211-5251. AGENDA 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: JAMES D. CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY DEC 12 2000 A tract of land situated in the North 1/2 Of Seot'~on 3, Townsh'ip 51 South, Range 26 East, Collier County, Florida, and more particularly described as follows: From the East quarter corner .of Section 3 run with 'Section · South 0°41'31" West a distance of 612.57 feet;. t'hen~e 'N , orth 89~18'29" West, a distance of 722,35 feet to 'the intersection. the West right-of-way. line of a County Draina~e.,'Qanat wf"th 'th~'~{'.$'?"~/~ dist~ue of 1,547.51'f.~et t.9.~the true Point of'Bggi~in~; AGE~A ITEM DE?. 12 2000 j--o APPLICATION FOR PUBLIC Hg~G FOR: 00-06 Date Petition Petition No.: Commission District: e! ABOVE TO BE COMPLETED BY STAFF C0.INC. General Infomarion: ': ~ NameofApplicant(s) SOUTHERN DEVELOPMENT Applicant's Mailing Address 845 B^LD EAGLE DR. City MARCO ISLAND Applicant's T¢lq}hon¢ # 941 - 642 - 1911 Nameof. Agent J. GARY BUTLER Agent's Mailing Address 2223 T R A D E City NAPLES State FL Fax# Firm BUTLER CENTER WAY State F L Fax # Zip 34145 941-642-5602 ENGINEERING, INC Zip 34109 941-566-1327 Agent's Telephone# 941 -566-3636 COLLIER C~UNTY CO~ DEVELOPMENT PLANNING SERVICES/CURREI~ PLANNING 2800 N. HORSESHOg DRIVE-NAPLES, FL34104 PHONE (941) 403-2400/FAX (941) 643-6968 APrLICATION FOR ?UBLIC HEARING FOR STArqDARD REZONE - 5/98 PAGE DEC 1 2 P& t~}--{' Disclosure of Interest information: If the property is owned, f~' slrr~. lc by an. IHDIVIDUAI~:_~i by the tenancy in common,~ or joint t~aan~,' list all p_ar~_-~s with an Own~ahip ~ as well as the percentage of such intercO. (Use additional sheets ifn.eceasary). Name and Addr~as Perceatage of Own~-t~hi? bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of a~oek owned by each_ ; ~ Name and Address, and Office MARIO CURIALE PRESIDENT Percentage of Stock lOO% 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 FOR PUBLIC !tEARIN_G }'OR STANDARD REZONE - PAGE 2 OF 15 DEC 12 2000 - ~e,~..~pcrty isin thc nameof a G .BNBRAL or LIMITED PAR~HIP, list Name m~d Adch~ ~ P~rcentagc of~ If there is a QONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a: Partnership, list the names of the contrait purchaserg below, including the oftice~, stockholders, beneficiaries, or partners. Date of Contract: ~ Name and Address Percentage of Ownmhip If any contingency clause or contract terms involve additional pai'ties, list all individuals or officers, if a corporation, parmership, or trust. Name and Addrczs : g. Date .~mb. ject property, acquired [TI leased [] iTerm ofleazeymdmos. If; Petitioner has option to buy, indicate_ date of option: terminates: _ , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - .6/98 and date option PAGE 30t 12 2000 - Should any change¢. of ownership or changes in contracts for pumha,~ occur _m~b,...s .~lU.~t to the date of application, but prior to the da~ of fll..~, final public l)~tai!~d legal description of the property covered by lhe Ipplicatiom (If space i~ inadequate, attach on s~parat~ paS~.) If rextu~-t involves cha~§¢ to mor~ th~ one zonln§ 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 pro-application mcctin§. NOTE: The applicant is responsible for supplyinS the correct legal description. If questions arise concerning the lc§al description, an cnginccr's certification or scaled survey may be required. Scotlob: 3 To;~a~hipl 51 $ Kan§c: 2 6 E ~ Lot: N / A Block: N / A :§ubdivision: N / A Plat Book ?aBe #:__ Property I.D.#: 000726440009 Mc~cs & Bounds Dcscmption: SEE A-[TACHED EXHIBIT ,4. Size of propertyl 220 fi.X 400 ft. ?TotalSq. Ft..88,~0,,00 .....Acrcs2.02 -Address/genera!!ocationofsu. b_tectproperty: US 41 AND EAST OF 951 IN COLLIER COUNTY AOjacent zoning and land use: NE Zoning PUD PUP NW C-5 Land use DEVELOPED UNDER DEVE~_OP~EN,*T UNDEVELOPED N/A APPLICATION FOP, PUBLIC !tEARING FOR STANDARD REZ,ONE - $~8 PAGE 40t A~.~A ITEM Dc , 12 2000 'O Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 000726440009 Metes & Bounds Description: S E E A T T A C H E D E X H I B I T B Rezone Request: This application is requesting a rczonc from the zoning ~strict (s) to the C-4 ._ zo.~ing district(s). 'Present Use of the Property. V A C A N T 7 o o Pr%)oscd Use (or rangc 6fuses) of the propcrty: COt.qMERCIAL i Evaluation Criteria: Pumarot to Section 2.7.2.5. of the: Collier County -Land Developmeat Code, staff'$ ax~a!~ aad recommmdation to the Planning Commi.qsion, and the Planning Commission's recom~nmadation to the Board of County Commissioners shall be based upon consida-at/on of the applicable criteria noted below. Provide a narrative statement describing the fezone request with specific reference to the criteria noted below. Include any backup materiMs and documentation in support of the request. SEE ATTACHED AI'PLICATION ['OR PUBLIC tiEARING FOR STANDARD RE.LONE - 5.,'98 PAGE 5 OF 15 Z.$1 2 20o Standard Rezone Considerations .tZDC Section 2. 7.2.5:1 I change will be consistent with the goals, objectives. and I. BZhether the proposed ~ policies and future land use map and the elements of the growth nu~gement 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 ctianged or changing conditions make the passage of the p~roposed amendment (rezone) necessary. 6. Whether th:e proposed change will adversely influence living condiffons in the neighborhood. 9. 10. 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 typb. s of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. i Whether the proposed change ~vill create a drainage problem. Whether the proposed change will seriously reduce light and air to'adjacent areas. Whether the proposed change will seriously affect property values in the adjacent area. 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 constitttte a grant of special privilege to an individual owner as contra~ed with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in a with existing zoning. ~ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - PAGE 6 O] 2000 !q, I0. 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 p~7nitting z~uch use~ 16. The physical characteristics of the property and the degree of site alteration which wouM 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 consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. I~, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in ~e protection of the public health, safety, and welfare. 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 oraot the request is affected by existing freed restrictions. Previous !and use petitions on the subject property_: To your knowledge, has a public hearing be~. held on this propcxty within the last year? If so, what .was the nature of that hearing?. ~ N 0 Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. $ E E ^ T T ^ C H E D copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximin scale of 1 inch eqnal.q 400 feet, depicting the following [Additional copiea of-the plan m~y be requested i~pon completion of ~ ~al~o~ for distribution to the Board and various Advisory Board (EAB), or CCPC]; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -5/98 advisory boards such as the Environmen.tgl__ DEC 12 20uu PAGE 7 OF I3 Ce de · all existing and proposed structures and the dimensions thereof; * provisions for existing and/or proposed ingress and egress ('including pedestrian i ingress and egress to the site and the structures) on sit~), · ' all existing and/or proposed parklng~ and loading areas [include matfix indicating required and provided p~ng 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, An architectural rc.'ndering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code CLDC), or a request for waiver if appropriate. Whether or not anl EIS is required, twb 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 Lan~d Use Cover and Forms Classification System. AddiSonally, a calculation of the acreage (or square feet) of native vegetation on site, by a~ea, 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); 9- 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 iidentified during the pre-application meeting, inclu ,d~ng but not limited to any 'required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - S/98 PAGE 8 0t [5 OEC 12 ZOO0 TRAFFIC IMPACT STATEMENT .CrlS): i' A TIS is required unless waived at the pre-apl~lication meeting. The. ~j.: :i~.,_ma. y be:.either a major or minor as determined at the pre-apifficat/on m~eeting. Please note the' follow/ng with regard to TIS submittals: MINOR TIS; Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: I. Trip (3erieration' Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic ~' i Peak Hour (PSDT) ~ · Trip J~ssignment: Within' Radius of Development Influence (RDI) ' Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) i lmp. a~t of the proposed use on affected major tlioroughfares, inclmting any anticipated changes in level of ? ~a-vice (LOS). ..t ~ Any proposed improvements (to the site or the external right-of-way) msch as providing or eliminating an . inLzr~,s/cgr~ss point, or providin,,~ turn or decel lanes or othex in'~. r?vc~cnts. '~ Descn'be any proposal to mitigate the negative impacts on the tran.itxmation 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:' 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Plannext/Pr6posed Roadway Improvements Proposed Schedule (Phasihg) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -5/98 iTEM 2000 PAGE 9 OF 15 TRAFFIC IMPACT STATEMENT .Iris) STANDARDS: The following standards shall be tmcd in prcp~uqmg a TIS for ambmittal in conjunction with a conditional use or rezon¢ petition: e e Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (R.DO in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Tran-qportation En~neers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed pwject. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing ~Traffic: Provide a map depicting the currant'traffic ;eonditions: on all links with.in the RDI. Th~ AADT, PSDT, and LOS shall be depicted for all' linic.q within the RDI. Level of~ Service ..(LOS): The LOS of a roadway shall be expre.~xt in iterms of the applicable Collier County Generalized Daily Service Volimaes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following tWO areas: ; a ~ an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major ~i th°r°uEhfares exeex~ one pcrcent of the LOS "C". ~ Residential 5 Miles or as required by DKI 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 Miles Miles Miles Miles Miles In describing the RDI the TIS shall provide the measurement in proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR STANDARD RE:ZONE - 5/98 road miles PAGE 10 ' fro~ the nr~A 07_2 12 2000 pg. ,..~O ,,_ 10. 11. Inters¢¢tion Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPiH). j Back?ound 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 bc depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be prov[d6d. Through Traffic: At a minimum, incr .e.a~,.es 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 planned roadway: improvements located within the RDI shbuld be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phas'~g 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 FOPaM RVB/RIM 10117/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 1 1 OF ITEM 2. NLA!lJINGADDRESS: 845 BALD EAGLE DR STATEMENT OF UTILITy PROVISIONS FOR.' STANDARD REZONE REOUEST ~AMEOF~PLIC~: SOUTHERN DEVELOPMENT crI"Y MARCO ISLAND STATE FL ZIP 34145 3. ADDRESS OF SUBJECT PROPERTY (IF AVAH.ABLE): 4. : LEGAL DESCRIPTION: ~ ~ Section: 3 Township: 5 1 S Range: 2 6 E Lot: i N / A Block: N / A Subdivision: ~ Plat Book Page #: Metes & Bounds Description: Propertyi.D./t: 000726440009 SEE EXHIBIT A o TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): =. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] ¢. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity), e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY U'I~ILITY!SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. ~RIVATE SYSTEM (WELL) APPLIC&TION FOR PUBLIC HEARING FO!~ ~!'ANDARD REZONE - S/98 PAGE 12 OF 15 ~.NDA ffEM /7 g,, DEC I 2 2000 10. 11. !2. TOTAL POPULATION TO BE SERVED: N /A PEAK ~ AVERAGE DAH.Y DEMANDS: A. WATEI~-PEAK 1 ! G P M AVERAGE DAII.Y B. SEWER-PEAK 1 7 G P M AVERAGE DAILY 2600 GAL. 2600 GAL' IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE TIFF. DATE SERVICE IS EXPECTED TO BE REQUIRED: 2 0 0 1 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 me~thod ofeffiu .ent and sludge disposal. Ifpercolation pon~ are to be used, then percolation i:lata and soil involved shall be provided from tests prepgred and certified by a professional engineer. N / A COLLIER COiJNTY UTILITY DEDICATION STATEMENT: I~' the pr0jecl 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 applicableS:County ordinances in effect at th~at time. This statement shall also include an agreementSthat the applicable system development charges and connection fees will be paid to the Cotmty Utilities Division prior tq. the issuance of building permits by the County. If appficable, the statement shall contaih ~hal] contain an agreement to dedicate the app.ropriat~ utility easements for serving the water and sewer systems.N / A STATEMENT OF AVAHJABILITY CAPACITY FROM OTIt'ER 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. N / A Utility Provision Statement RJM 10/I 7/97 I APPLICATION FOR PUBLIC !lEARING FOR STANDAR!~ RE/ONE - 5/98 DEC 12 2000 PAGE 13OF15 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CI~.CKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 1S 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 5. Conceptual Site Plans 6. Environmental Impact Statement - (EIS) i " 4 7. Aerial Photograph - (with habitat areas identified)4 $. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (~IS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permit~ 4 12. Architectural Rendering of Proposed Strncture(s)4 13. Application Fee, Check shall be made payable to_ Collier County Board of Commissioners 14. Other Requirements- As the authorizeA agcnffapplicant for thlis l~tition, I attest that all of the information ind/cat~ on th/s checkl~ is includcd!i~ re. suit in 1 Agent/Applicant Signature J. GAq-Y BUTLER APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 aSUbmittal package. I understand that failure to include all negcszgry submittal information may y of process this Ix:tition. ' Date PAGE 14 OF 15 ~/?~ DEC I 2 2000 We.//, lYeRIO CURlALE being first duly sworn. depose and say that .we/I am/are the owners of the property described herein and which is the ~ubject matter of the proposed hearing; that all the answers to tt~e questions in this application. including the disclosure of interezt information. all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Ax property owner We/I further auth~orize J. GARY BUTLER t~ act as 6ur/my representative in any matters regarding this Petition. 5';':',:c.. erty Ow/~er Sig~tc2turc of ?roperty CSvner MARLO CURIALE : Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was aclmowledged before me this ? .,2ND day of, AUGUST 2OD0 , by MARIO CURIALE who ispersonallylmown to meorhasproduced DRIVERS LICKS.. as identification. State of Florida County of Collier !-'~Signature o)t'Notar~ P~bli~'- State of Florida) (Prin.t, Type, or Stamp Commissiot Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR STANDARD ed PAGE 15 OF 15 DEC 12 2000 HOME CENTER EAST PROJECT NARRATIVE August 18, 2000 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. The project is a proposed 2.02 acre commercial project. As proposed, it is consistent with the goals, objectives and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. The tract is part of a shorf series of existing undeveloped tracts fronting on the Tamiarm Trail. Tracts to the northwest ar~ zoned C-5. There is a mixed use PUD (Falling Waters BeaCh Resort) to the northeast developed as residential multifamily adjacent to the subject parcel. A 2 acre portion of the PUD which extends to US 41 along the southeast boundary of the projec.t is limited to recreational uses. Adjacent parcels to the southwest across US 41 are still zoned agricultural. The limited depth (400 feet) of the subject parcel (as well as the adjacent parcels) lends itself to commercial development only. 3. The possible creation of an isolated district unrelated to adj'acent and nearby districts. The request to change to C4 is based on the site's compatibility as an independent extension to the adjacent C5 parcel. The site will be buffered by landscaping and a wall along the shared property line with Falling Waters Beach Resort PUD. Although undeveloped, all tracts between the US 41 frontage tract and Collier Boulevard are being contemplated for commercial development. The change will not create an isolated district. 4. [~7~ether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing zoning is still Agricultural which is currently an illogical category. 5. liq~ether changed or changing boundaries are illogically drawn in relation to existing conditions on the properO, for the proposed change. The change to commercial zoning is necessary to provide for economically feasible development of the project. No adverse impacts to adjacent living conditions are anticipated. Whether the proposed change will adversely influence living conditions in the neighborhood. DEC 1 2 2000 Whether the proposed change will create or excessively increase traffic congestion o? 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. The project is located on a relatively low traffic volume portion of US 41. The TIS documents our trip generation projections. The project should actually decrease some traffic on Collier Boulevard and US41 west of the project because of trip capture from other facilities that are closer in to town. 8. Whether the proposed change will create a drainage problem. The proposed change will not result in creation of drainage problems. An oasite water management system will maintain historical discharge rates. 9. l~q~ether the proposed change will seriously reduce light and air to adjacent areas. The project should have no impact light and air quality of adjacent tracts. 10. Whether the proposed change will seriously affect property values in the adjacent area. Any impacts to adjacent property values have been factored in based on the nature of the commercial frontage along (JS 41. : I I. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All adjacent property is either commercial now, will be commercial, or has been developed. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The request does not represent a grant of special privilege. 13. Whether there are substantial reasons why the property connor be used in accordance with existing zoning. Due to it's size, there is no economic use of the properrs' that does not require a rezone or conditional use. 14. t~7~cther the change suggested is out of scale with the needs of the neighborhood or the COUtlty. The change is not out of scale with needs of th, e 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. There are other limited options for commercial usage that could accommodate similar uses, ut the nature and location of this tract make it perfect the p~oposed C4 zoning uses. DEC 2- 2000 16. The physical characteristics of the property and the degree of site alteration which w6uld be required to make the property usable for any of the range of potential uses under the proposed zoning classificatiot?. The site is 100% upland but is quite low in terms of the FEMA finished floor requirements similar to much of Collier County, and will require fill. The are no unique characteristics on the site that would affect development. 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 [Code ch. 106, art II], as amended. A water main extension is required for this site that will be jointly constructed with adjacent benefiting land owners. Sanitary sewer is available on the south side of US 41 and the existing swale along US 41 is more than ample for proposed runoff rates. Schools, libraries and other residential related facilities are not applicable. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protetion of the public health, safety, and welfare. No adverse impacts to the public health, safety and welfare are anticipated. ITEM DEC 1 2 2000 EXECUTIVE SUMMARY PETITION CU-2000-14 D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, REPRESENTING JOSEPH E. TOWNSEND, TRUSTEE, REQUESTING CONDITIONAL USE "1" OF THE "A" ZONING DISTRICT FOR EARTHMINING FOR PROPERTY LOCATED ON U.S. 41 APPROXIMATELY 3 1/2 MILES EAST OF COLLIER BOULEVARD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 42.5 +/- ACRES. OBJECTIVE: To have the Board of County Commissioners render a decision regarding a Conditional Use of property authorized in the "A" Rural Agricultural zoning district, for an earthmining operation, Conditional Use "1" of Section 2.2.3 of the LDC. CONSIDERATIONS: The site consists of approximately 26.1 acres of forested land and 16.4 acres of open, undeveloped agricultural land for a total of approximately 42.5 acres. The site has approximately 800 +/- feet of frontage on U.S. 41 and is approximately 3,044 +/- feet deep. The petitioner proposes to dig a 20-acre lake to a bottom elevation of-14.5 (20 feet deep). The lake will be approximately 372 feet wide and 2,488 feet long, for a total of approximately 20+/- acres. Excess material from the excavation and on-site will be trucked off-site, primarily to Marco Island and South Naples for use as residential building pad fill. The proposed earth mining operation will require a Collier County Excavation Permit and all activities will be required to operate in compliance with Sections 2.2.2. and Article 3 of the Land Development Code. Access to the site is from an existing driveway to U.S. 41. The western edge of the lake will be located approximately 205+/- feet east of the western edge of the property. A driveway/haul road will be constructed between the western edge of the lake and the western property boundary, from the northern property boundary to the southern property boundary at the intersection with U.S. 41. The driveway will be located within the site boundaries; there will be no trucking of fill across any shared private roads. Approximately 5.4 acres on the east and north sides of the site will be converted into wetland marsh. The proposed site plan indicates there will be no residential development or other structures associated with the use, other than an existing metal maintenance building along the southern boundary of the site. PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The current activity level and type of uses, which occur on neighboring properties, consist of fallow and active agricultural land uses, which are generally of low intensity and could be considered compatible with proposed use of the subject site. The property is located in the Agricultu~ Mixed Use area as designated on the FLUM. Development activities in this FLUM classification are limited by the Final Order. CONS: Equipment used for excavating and heavy tracks used to haul dirt generate noise, dust, and create a barren type of look to a landscape. Although existing residential dwelling units are located a sufficient distance from the site, the use of existing vegetation within required landscape buffers could help mitigate, somewhat, the negative aspects of the use from adjoining properties and drivers on U.S. 41. Due to the proximity of the project to the Gulf of Mexico, staff has concern over the possibility of salt- water intrusion into the lake once it is excavated. Salt-water intrusion could create a Meromictic condition in the lake, resulting in odor. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. An excavation operation pays road impact fees based on the amount of fill excavated, the duration of the project, and the number of road miles traveled between the subject site and the end user's site. The subject site over a one to two year time frame will generate approximately $90,147.04 to $188,197.29 in road impact fees. GROWTH MANAGEMENT IMPACT: The subject site is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits earthmining, oil extraction and related processing uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida t._~o x ~:rnor and Cabinet). The Final Order does not prohibit the conditional use ofearthrnining. Policy 5.4 of the Future Land Use Element requires new land uses to be compatible with the surrounding area. A compatibility analysis is conducted as part of the conditional use petition review process and is explained herein. ENVIRONMENTAL ISSUES: The petitioner proposes to dig a 20 acre lake to a bottom elevation of-14.5 (20' deep). By the fetch formula (5+.015 x Avg. fetch) this lake would be allowed to a depth of 26.5'. The fetch formula limits lake depth to insure proper overturn and lake health. The fetch formula works well on lakes of consistent density. On lakes where salinity may causes density stratification, the force of the wind that the fetch formula relies on may not be strong enough to overcome the increased density from higher salinity levels. This results in a condition called Meromixis in which the top of the lake circulates and mixes but at lower depths no mixing occurs and the bottom tums anaerobic. Staff recommends that a limnologist be retained by the petitioner to insure that the design lake depth is not too great. This may be a concern because of proximity to the Gulf of Mexico. AOENDA ITEM ,,i HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission (CCPC) recommend approval of Petition CU-2000-14 subject to the stipulations as outlined in the resolution of adoption. EAC RECOMMENDATION: The petition was scheduled before the EAC in November. The meeting was not held due to a lack of a quorum. The petition has been re-scheduled to be heard at the December 6, 2000 EAC, therefore, the EAC's recommendation will have to be forwarded verbally to the Board of County Commissioner's at the hearing. StaWs recommendations to the EAC were incorporated into the recommendations forwarded to the CCPC and are contained within the resolution attached hereto. CCPC RECOMMENDATION: At the Planning Commission meeting held on November 16, 2000, the Planning Commission voted unanimously to forward a recommendation for approval of CU-2000-14 to the Board of County Commissioners subject to staff's stipulations as outlined in the resolution of adoption. This petition is tentatively scheduled for the summary agenda, but may be removed by staff depending upon the results of the EAC hearing in December. DEC i 8 2000 PREPARED BY: ,~ffJSAN MURRAY, AICP CHIEF PLANNER DATt~ RE~I~WED BY: RO~.~I~ ~O'~-'AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JOH~M. DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-2000-14, Townsend Fill Pit NOTE: This Petition has been tentatively advertised for the December 12, 2000 BCC meeting. AGENDAiTEM MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 19, 2000 PETITION NO: CU-2000-14, TOWNSEND FILL PIT AGENT/OWNER: Agent: D. Wayne Arnold, AICP Q, Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 Owner: Joseph E. Townsend, Trustee 405 5~h Avenue South, #6 Naples, FL 34102 GEOGRAPHIC LOCATION: The subject site is located on the north side of U.S. 41 east, approximately 3 miles east of the intersection of U.S. 41 and C.R. 951. Specifically in Section 18, Township 51 South, Range 27 East, Collier County, Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "1" of the "A" Rural Agricultural zoning district in order to conduct an earth mining operation on the 42.5 acre site. PURPOSE/DESCRIPTION OF PROJECT: The subject property consists of approximately 26.1 acres of forested land and 16.4 acres of open, undeveloped agricultural land for a total of approximately 42.5 acres. The site has approximately 800 +/- feet of frontage on U.S. 41 and is approximately 3,044 +/- feet deep. The petitioner proposes to dig a 20-acre lake to a bottom elevation of-14.5 (20 feet deep). The lake will be approximately 372 feet wide and 2,488 feet long, for a total of approximately 20+/- acres. Excess material from the excavation and on-site will be trucked off-site, primarily to Marco Island and South Naples for use as residential building pad fill. The proposed earth mining operation will require a Collier County Excavation Permit and all activities will be required to operate in compliance with Sections 2.2.2. and Article 3 of the Land Development Code. Access to the site is from an existing driveway to U.S. 41. The western edge of the lake will be located approximately 205+/- feet east of the weste n ~e,~i~nogll'~ 1 2 0o0 AGENDA ITE ~.~. DEC 1 property. A driveway/haul road will be constructed between the western edge of the lake and the western property boundary, from the northern property boundary to the southern property boundary to the intersection with U.S. 41. The driveway will be located within the site boundaries; there will be no tracking of fill across any shared private roads. Approximately 5.4 acres on the east and north sides of the site will be converted into wetland marsh. The proposed site plan indicates there will be no residential development or other structures associated with the use, other than an existing metal maintenance building along the southern boundary of the site. SURROUNDING LAND USE AND ZONING: Existing: The subject 42.5-acre site is currently developed with an existing metal building used as a maintenance shed. The remainder of the property is partially wooded and partially cleared. There is an existing driveway through the site, which terminates at U.S. 41 Surrounding: North: Agricultural zoning; fallow farmland. South: U.S. 41 Right-of-Way; Undeveloped portion of Fiddler's Creek PUD. East: Agricultural zoning; fallow farmland. West: Agricultural zoning; Cow pasture GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) as noted below: Future Land Use Element: The subject site is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits earthmining, oil extraction and related processing uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). The Final Order does not prohibit the conditional use ofearthmining. Policy 5.4 of the Future Land Use Element requires new land uses to be compatible with the surrounding area. A compatibility analysis is conducted as part of the conditional use petition review process and is explained herein. Based on the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County P~ DEC 1 2 2000 2 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. Transportation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 20 trips per weekday with 10 additional ancillary trips. These site-generated trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on U.S. 41 or on any County road. Additionally, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists this segment of U.S. 41 as a 2-lane arterial road fronting the project. The traffic count for this segment is 22,648 AADT and is operating at LOS "C". Staff has reviewed the layout of the conceptual site plan from a planning and traffic safety standpoint and finds the following: The main access point is from U.S. 41. This access point should operate adequately subject to any required engineering modifications and road maintenance agreement with the Transportation Services staff. The final on-site traffic circulation system and access throat depth will be reviewed at the time of site development plan review. The Florida Department of Transportation may require additional information for engineering and access design issues. Other Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development env~rorm~ental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Develc requiring staff evaluation and comment, and shall be used as the basis for a recomm~ approval or denial by the Planning Commission to the Board of County Commissiox 3 adation for ~rs'[y~chl°~ t~00 potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested use is consistent with the applicable elements of the GMP and provisions of the LDC, as well as the Final Order No. AC-99-002, issued by the Administration Commission (Florida Governor and Cabinet). Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Rural/Agricultural Mixed Use Land Use District, Urban Residential Subdistrict) in the "A" Rural Agricultural zoning district, which provides for the requested uses as conditionally permitted uses. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and/or catastrophe. Pro: The subject site abuts U.S. 41 East, and has an existing driveway connection to U.S. 41. Site generated truck traffic will be maintained on site until the trucks are ready to exit the site onto U.S. 41, therefore, limiting impacts on any private shared roadways or driveways. Con: U.S. 41 is a two-lane arterial road with posted speeds of 60 miles per hour. Loaded dump trucks are typically very slow to accelerate to posted speeds. This causes dangerous conditions to other drivers using the road who may be travelling at posted speeds, especially under two-lane conditions where there is limited ability to pass a slow moving vehicle. This condition is exacerbated by the fact that the East Trail's Krehling Industrial facility is located 200 feet east of the subject site, and is generating similar types of traffic. Summary Conclusion: The major points of ingress and egress to the site are already established and functioning, however traffic utilizing the site is minimal since it is undeveloped. Access geometry and on-site traffic circulation will be subject to approval at the time of Site Development Plan approval, and subject to the requirements of the Florida Department of Transportation (FDOT). Off-site improvements, such as turn lanes, may be required by the FDOT. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The subject site is located in a relatively remote area of the County, wiff properties generally being used for Agricultural activities or the grazing of ca 4 tie. PrOperties F- DEC 1 2 ooo further east are developed for industrial type of land uses (Krehling Industries). The nearest residence lies east of the Krehling Industrial facility, approximately 1,500 feet from the subject site. Therefore, the proposed use of the subject site should have minimal impacts on surrounding properties. Con: Equipment used for excavating and heavy trucks used to haul dirt generate noise, dust, and create a barren type of look to a landscape. Although existing residential dwelling units are located a sufficient distance from the site, the use of existing vegetation within required landscape buffers could help mitigate, somewhat, the negative aspects of the use from adjoining properties and drivers on U.S. 41. Due to the proximity of the project to the Gulf of Mexico, staff has concern over the possibility of salt water intrusion into the lake once it is excavated. Salt water intrusion could create a Meromictic condition in the lake, resulting in odor. Summary Conclusion: Properties immediately abutting the site are presently undeveloped, and are used primarily for Agricultural uses. Additionally, surrounding land eligible for development at a density of 1 dwelling unit per 5 acres, therefore, negative impacts to existing or potential dwelling units is minimal. There is existing native vegetation on site, which could help ameliorate some of the negative aspects of the proposed use. Additionally, staff has crafted stipulations, which will help reduce the possibility of a Meromictic condition occurring in the lake. d. Compatibility with adjacent properties and other property in the district. Pro: The current activity level and type of uses which occur on neighboring properties consist of fallow and active agricultural land uses, which are generally of low intensity and could be considered compatible with proposed use of the subject site. The property is located in the Agricultural/Rural Mixed Use area as designated on the FLUM. Development activities ... in this FLUM classification are limited by the Final Order. Con: The proposed use of the site generates dust and noise, which can carry significant distances if not properly buffered. Summary Conclusion: The petition as proposed will have little impact to neighboring properties provided the proper buffering is in place prior to the commencement of activity on site. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-14 for Conditional Use 1, Earthmining, subject to the following conditions: The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the subrnittal of a new don' :~l~l~JL~ application, and shall comply with all applicable County ordinances in effect at tt 5 e time of DEC 1 2 2000 submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. ' If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code, for this site, a minimum of 5.4 acres of the native vegetation shall be retained on site. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to the issuance of a Vegetation Removal Permit. This plan shall include methods and a time schedule for removal of exotic vegetation within all conservation/preservation areas and shall commit to an annual removal plant at a minimum (3.9.6.6.5. LDC). Permits or letters of exemption from the U.S. Army Corps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to the issuance of a Vegetation Removal Permit. The petitioner shall retain the services of a limnologist prior to submitting for the excavation permit, to insure that the lake depth will not create a Meromictic condition. Should the limnologist determine that the potential for a Meromictic condition exists, the lake depth shall be dug in accordance with the limnologist's recommendations to avoid the occurrence of a Meromictic condition. g. Within the required landscape buffers, the petitioner shall retain the existing native vegetation to the greatest extent possible. 6 AOENDA ITEM DEC 1 2000 PREPAREDBY: //~USAN ~V, AICP ff CHIEF PLANNER :ED BY: CURRENT PLANNING MANAGER DATE DATE PLANS'4ING SERVICES DIRECTOR DATE APPROVED BY: JOH~T~M. DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRON. SVCS DIVISION Staff Report for the November 16, 2000 CCPC Meeting. This petition is tentatively scheduled for the December 12, 2000 B CC meeting. COLLIER COU%~TY PLANNING COMMISSION: ~AR'5 WtLAGE, CHAIRPERSON 7 ~ENC~ r!~M Ho._ ~-x,v _ DEC 1 2 2000 Petition No.: Date Petition Received: Commission District: Planner Assigned: $ c~ ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s)_._Joseph E. Townsend, Trustee Applicant's Mailing Address 405 5th Avenue South, #6 City Naples Applicant's Telephone # Name of Agent State F! Zip 34102 860-0392 Fax # 430-0047 D. Wayne Arnold, AICP Firm_Q. Gradv Minor & Associates Agent's Mailing Address3800 Via Del Re¥ City Bonita S[}rin~s State FL Agent's Telephone # __{941) 947-1144 Fax # Zip 34134 {941) 947-0375 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 - ! 1/98 DEC 1 2 ooo PAGE I OF 15 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip__ Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 1 !/98 AGENDA ITEM 1 2000 PAGE 2 OF 15 Do 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 Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Joseph E. Townsend Percentage of Interest 33.3 James W. Craft 33.3 33.3 Jack W. Craft, Jr. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Joseph E. Townsend, Trustee Jack W. Craft James W. Craft Date of Contract: APPLICATION FOR PUBLIC lIEAgiNG FOR CONDITIONAL USE- 11/98 Percentage of Ownership 33.3 33.3 33.3 11/3/99 PAGE 3 OF 15 f. parties, list all If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X): 11/3/99 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: __18 Tovmship: 51 South Range: 27 East Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: The E 1/2 of the W 1/1 of the E !/2 of Section 13, Twp 51, Rng 27, lying north of U.S. 41, Collier CounOF, Fl. Same being 42.5 acres. Please see attached boundary_ survey. 4. Size of property: ft. X ft. = Total Sq. Ft. Acres __~42.5 5. Address/general location of subject property: Located approximately 3 miles east of S.R. 951 on U.S. 41 East, approximately 200 feet west of Krehling Industrial Park. ~"~ - A~ENDA!TEla No. _V3 v- _ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - ! 1/98 DEC 1 2 2000 Adjacent zoning and land use: Zoning N A S PUD E A W A Land use Agriculture U.S. 41 and Fiddler's Creek PUD Agriculture Agriculture 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). Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 1 A district for (TYPE OF USE) Earth mining. Present Use of the Property: Agriculture and cattle grazing ofthe Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consister. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 11/98 no, Iq ~ , DEC 1 2 2000 ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The subject property is located in the area designated as Agricultural/Rural Mixed Use on the Future Land Use Map. The Future Land Use Element of the Growth Management Plan states that certain non-residential agricultural land uses such as earth mining are permitted uses in the Agricultural/Rural Mixed Use District. The Governor's Recommended Order, which prohibits specified !and uses in the Agricultural/Rural Mixed Use District, does not restrict earth mining activities and therefore this use is permitted and in compliance with the "Recommended Order". The proposed earth mining operation will require a Collier County Excavation Permit and all activities will be in compliance with Sections 2.2.2 and Article 3 of the Collier County Land Development Code. bo 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: The subject property abuts U.S. 41 East and has an existing driveway connection to U.S. 41. Ingress and egress to the site will be provided at this location, unless otherwise required by the Florida Department of Transportation. Off-site improvements, such as turn lanes, may be made as required by Collier County and Florida Department of Transportation. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: All surrounding properties are either in fallow agriculture or active agricultural use. Properties further east are zoned and developed for industrial !and uses (Krehling Industries). The nearest residence lies east of the Krehling Industrial facility, approximately 1,500 feet from the subject property. The proposed earth mining activity will have no impacts on surrounding properties. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The 42.5 acre site is situated with frontage along U.S. 41 East, which provides direct access to the site. The property abuts fallow and active agricultural properties on three sides, making the earth mining use com adjacent !and uses. Properties to the south, across U.S. 41, a Fiddler's Creek PUD; however, these properties are currently ig use and will be unaffected by the proposed earth mining activity. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 1 !/98 PA~ ~atible with AGENDg agri~ DEC 1 2000 Please provide any additional information which you may feel is relevant to this request. 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 !and 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? 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 preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x I1" copy of site plan], dravm to a maximum scale of ! 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 buffering as may be required by the County, · character, and dimensions (such as height, area, etc.); location of all signs and lighting including a narrative statement as to the type, An Environmental Impact Statement (EIS), as required by Section 3.~ Development Code (LDC). PA APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 DEC 1 2 2000 do 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); f. 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 CONDITIONAL USE - 11/98 AGENDA ITEM NO.. i'-i ~ DEC 1 2000 A FFIDA I/IT I, Joseph E. Townsend, Trustee, being first duly sworn, depose and say that I am the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 contract purchaser I further authorize D. I'Yavne Arnold, AICP of Q. Grady Minor & Associates to act as my representative in any matters regarding this Petition. S~ure of Owner/Contract Purchaser Joseph E. Townsend Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this .~/~.r~ day of ,ff'~ ~ ~,~,~, 2000 by ~'o~c-~o/-~ ~. 7"~_~:~z> who is personally known to me or has produced' as identification. State of Florida County of Collier (Signature of Notary Public - State of Fl°rid°~11'l~ ~dward Allen Boeder (Print, Type, or Stamp Commissioned Name of Notary Public) AGENDA ,ITEM No. ~-n F DEC I 2 2000 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Naples, FI Joseph E. Townsend, Trustee 405 5th Avenue South, #6 ZIP 34102 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Lot: Township: Range: Block: Subdivision: Plat Book__ Page #: Metes & Bounds Description: description Property I.D.#: Please see attached boundary_ survey and legal TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): (GPD capacity) e. SEPTIC SYSTEM a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT X TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 x ' AGENDA ITEI~ No. ,'! ~ .__ DEC I 2000 PAGE 9 OF 15 10. 11. 12. PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at 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. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 AGENDA ITEU DEC 1 2 ooo APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - ! 1/98 PAGE I0 OF 15 Traffic Impact Statement Craft Conditional Use Description of Project The 42.5_+ acre property is located on U.S. 41, approximately 3 i/2 miles east of Collier Boulevard (S. R. 951). The site is located just west of the Krehling Industrial Park. The project will involve the excavation of an approximate 20 acre lake on the site. Excess material from the excavation and on-site use will be trucked off-site, primarily to Marco Island and South Naples for use as residential building pad fill, and select material will be utilized for on-site wastewater treatment systems. Trip Generation Based on the amount of fill that will be generated from the 20+ acre excavation, it is estimated that 100 two-way truck trips will be necessary to remove the material in the estimated one-year duration. Two-way trips are estimated at 200 truck trips per day with an additional 10 ancillary trips for employees and on-going agricultural activities. Level of Service Access to the site is via U.S. 41 East. The segment of U.S. 41 east of Collier Boulevard (S.R. 951) had a 1999 average daily volume of 10,970 trips. The adjusted figure for year 2000 is an average daily volume of 11,260 trips. This segment of U.S. 41 is considered a two-lane undivided arterial with .34 to .75 signals per mile. The LOS C volume for this category roadway is 18,300 average vehicle trips per day. This road segment is currently operating at LOS A. The proposed 210 average daily trips represent less than 1 percent of the LOS C volume for the roadway. Traffic Impacts The proposed 20 acre excavation will have no impact on the existing level of service standard for U.S. 41. Access and any necessary access improvements will be coordinated with the Florida Department of Transportation. '"~,GENDA ITEM DEC 1 2 2000 OCT-lt,.;i Bg'-Ig FIIOII.~K"/,M~ & ~TQCh~"I~$ I1~. +glllllll~l T.'QII P,lil/11 ,t"34l ",:-L '. ,: .. ./,, "L,.'i. l ~ OOKi'RA~T (N~ Fort comx)u~) {.1 ~g,., ............. $ ....._,,,__._.~ ~iu~ ~a~ue: ~ ~r ~c~ ~ ~. ~waya. tldiwe~s. ~ di~ end In ~moe. 10. HOMEO~ A~~ C~US~ ~ ~ avail ~al ~ properly b ~led In a ~eo~ aJ~ c~un~y, ~m MW re.es I~1 bel~ ~e B~r sl~s I~ ~I~GI, Ihe 3der pmv~ to Ihe 6~r Ihe Hom~A~!~ D~m S~ and Ihel ~e ~ol~ 6~me~ be effaced m Ihle ~n~cl ae ~ A~endum ~ hete~ deem~ ~emf~ hem~ ~E BUYER 5HOU~ NOT ~EC~E THIS CO~RA~L THE 8~R ~S RECEIVED AND a~O ~E ma~ueE SUMMARY, B~er has ~ldefed fhe e~llle~e or nol o~ any h~e~e~ ag~t~ m~ e~l e~d dele~i~d k ~ ~ ~11a~. ~y reee~o a~la e~ ~cf~ed ~ ~e pu~&e ~. JJ raqueed. a~r eg~e~ Io make ~ eppl~l~n ~ ~e ~me(a) ~ ~ fills w~J be taken n~ ?eh be reep~e~ tar ~g m~e~Np ~ Ihe a~l~. II no a~mval lot m~be~ h~ bean ohmlied ~thln 30 dm~ after u,yer's .~r~l~n lot m~bm~ i~ el Imam[ S days ~r ~ ~e C~s~g Dale. e~hmT c~lracl ~ ~ B~er'a depo~l(a) Iha~ ~ Mi~ ~ B~et. Se~ler ~l ablein a Teller t~ Ihe 12. ~ DEFE~ Buyer lh~ ~Vl 1 ~ (15) dl~ Ir~ recall ~ Buyer of Gridtrice of ~llla, as iheU ~lh~ su~ ~e ~e~d, ~lJly Sifter In ~g ~1~ ~e ~lKl(s~ ~l Ihe delecqs) ain, t MII~ r ~ssaas~. or ~em IS no l~0~ per B~ ~lmol. Ibm Seller shall ha~ 30 ~ym !~ da~ent effort to cmre~ Ihe aleled(s) w~thln ~l die pm~id ~emlor, ~c]~g t~ b~g)~ e~ neeell~ &ulk. However, Sakler shall nil be ~bll Io B~er ~M daMg~ U Seller c~l make I~M ~e~le. deGwf ~s~ of option of a=e~g su~ poHMsl~. loll ~ title I~ Saint ~ pm~l ~lhaut ~1~ el relund el all.mo~ie$ paid hereuader, aM upon demand the monies shall be promptly re~emed to 9uyer. UlXm sucl~, repaymenl the Buyat and Seller shall be r~aaead, os'e one analhat. el Iu obligations u~der Ibis coiltact: 13, SURVEY: Ouylr ~ay. M ~y~'a evpeneS, have Lhe real properly ~/vey-,4 me am nM 10 delay Ihe r.k~ing, If Ihe eun~y, as tlglmlared Florida ~r, ~e~ ~ is) in ~~1 ~W Ihe ~ lb} an ~l ~rmd ~ ~ pro~ ~nl~ ~. 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U~ ro~l el le~rllo wrBten fl~ Irom ~e Ouylr, ~l dl~l]l{s) be p~c~ tale ah ~llmst blaring ~unl (but on ~ur~ ~1 Is not requited} ~ lB ~lel~l e~[u~g bremi ~l be ~ to ~e B~er ~ any event. tf ~ ~e ~'a ~en~ rl~ llMle b~r, ~e ~c~wee s~ ~ wJlh ~e requlr~ el ~ptlr 475 F.S. ~ llerOWlO ~l~i~ ~ oa~w fee shall ~ bble lot ~a~ ~lgggg~. ~ e~m~e not ~argl~ In elC~ lee ~aH ~ fi~le pu~ pd~ of ~e ~edy b ~ ~re ~ ~.O~ Md B~m e~les ~ ~vR ~la~ B~r'e ~ ~ ~ ~ OCT-zg-gg og:H FROM,-~ I ASr~3ClA'1'lt IN1:, 4441ZIZ4gi4 T-fie P.tiI/Q3 P'I4Z DATE: _ TAXLO,: ~'!~ _ _ TAXJO. tIMu~ Nares M ~,4~i,v) ~I d~X U~lh~d event, ** TOT~qL P~qGE.Oq ,"* ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 1~ 2000 Item V He IlL IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applieanl/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Conditional Use Petition No. CU-00-14 Townsend Lake Excavation Joseph E. Townsend, Trustee Q. Grady Minor & Associates, P.A. Turrell & Associates, Inc. The subject property is located on the north side of U.S. 41 approximately 3 miles east of Collier Blvd. (County Road 951) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. The site is approximately 200 feet west of Krehling Industrial Park. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are undeveloped with the following zoning classifications. ZONING Agricultural R.O.W. PUD (Fiddler's Creek) E - Agricultural W - Agricultural PROJECT DESCRIPTION: DESCRIPTION Fallow Farm Land U.S.41 Undeveloped Portion Fallow Farm Land Cow Pasture The petitioner is requesting Conditional Use approval to conduct an eas~ operation on a site with a Rural Agricultural "A" zoning designation. TI designated Agriculmml~ural, as identified on the Future Land Use 1~ sit~ ~'~w . of the DEC 1 2 2000 EAC Meeting ..........................................................................................11/1100 Page 2 of 10 Growth Management Plan. Relevant to this petition, this Subdistrict permits earthmining, oil extraction and related processing uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999 by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the Conditional Use of Earthmining. Therefore, the proposed use of the subject site can be deemed consistent with the Future Land Use Element of the Growth Management Plan. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The proposed project is consistent with the Future Land Use Element of the Growth Management Plan as stated in the Project Description. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and an interconnected wetland reserve to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. MitigatJ~l: ~t~$NOA also include restoration of previously disturbed wetlands or acquisition f{ r pub~r¢~ preservation of similar habitat". DEC: 1 2 2000 T EAC Meeting ..........................................................................................11/1/00 Page 3 of 10 Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permining process and approved by the County". Objective 6.4 states," A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staffs policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional weftands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in keeping (preserving and re-planting) 15% of the native vegetation on site. VI.MAJOR ISSUES: Water ManaRement: The petitioner proposes to dig a 20 acre lake to a bottom elevation of-14.5 (20' deep). By the fetch formula (5+.015 x Avg. fetch) this lake would be allowed to a depth of 26.5'. The fetch formula limits lake depth to insure proper overturn and lake health. The fetch formula works well on lakes of consistent density. On lakes where salinity may causes density stratification, the force of the wind that the fetch formula relies on may not be strong enough to overcome the increased density from higher salinity levels. This results in a condition called Meromixis in which the top of the lake circulates and mixes but at lower depths no mixing occurs and the bottom tums anaerobic. Staff recommends that a limnologist be retained by the petitioner to insure that the design lake depth is not too great. This may be a concern because of proximity to the Gulf of Mexico. The stormwater retention/detention aspects of a typical commercial lake operation are not significant. The sites always hold more ranoff post-development than would been shed pre-development. The only concerns are blasting, stoc~kpiling, DEC 1 2 2000 EAC Meeting ..........................................................................................11/1100 Page 4 of 10 erosion, and dewatering during the digging phase, but those potential problems can be easily overcome. Environmental: Site Description: Currently the subject property consists of approximately 26.1 acres of forested land and 16.4 acres of open undeveloped agricultural land. Native plant communities on site include pine flatwoods, cypress and pine-cypress. Portions of the property have been impacted with exotic vegetation (Brazilian pepper), but a recent fire has helped to eliminate some of this. Most of the native canopy trees were unaffected by the fire, and native ground covers are present in the understory. FLUCFCS Code 411 Pine Flatwoods (after recent fire) DEC I 2 2000 EAC Mc~ting ..........................................................................................11/1/00 Page 5 of 10 According to the USDA Soil Survey of Collier County, the entire site is composed of Holopaw Fine Sand, limestone substratum (Unit 2). This soil is listed as hydric by the Natural Resources Conservation Service. Based on current water levels and available biological information in the form of water marks on trees, seasonal water high levels on site were estimated to be about 5.2 feet NGVD. According to the spot surveys provided in the environmental impact statement (EIS), natural ground elevations on site range from 4.6 to 6.1 feet NGVD. Wetlands: FLUCFCS Code 624 Cypress/Pine Flatwoods (after recent fire) Jurisdictional wetlands comprise 24% (10.2 acres) of the total 42.5 project acres. Approximately 9.3 acres (91%) of the on-site wetlands will be impacted and lost during excavation of the site. The existing non-impacted wetlands (0.9 acres) will be preserved and enhanced through the removal of exotic vegetation. Culverts under the haul road should serve to connect the small isolated areas with the lake and help to maintain some of the hydrologic functions now present. In addition to removing exotics, at least 5.4 acres on the east and north sides of the site will converted into wetland marsh. DEC 1 2 2000 EAC M~ting ..........................................................................................11/1/00 Page 6 of 10 Looking north along east property line where wetland mash will be created. All impacts caused by on-site activities will be mitigated through on-site restoration and preservation activities. A mitigation plan will be coordinated with the South Florida Water Management District (SF'3VMD) and the U.S. Army Corps of Engineers (ACOE) and any other relevant parties. Should these agencies determine that on-site restoration and preservation activities are insufficient to offset impacts, the applicant will pursue the purchase of mitigation credits in one of the approved mitigation banks. Actual amount of credits necessary will be determined during the Environmental Resource Permitting process and have been estimated by the applicant to be from 0 and 1 credits. Upland communities on site consist of 15.5 acres of disturbed agricultural land and 15.9 acres of pine fiatwoods. Approximately 82% (26.4 acres) of the uplands on site will be directly impacted by construction activities. Upland communities along the northern and western property boundaries will be left intact as buffers. Areas immediately adjacent to the property boundary between the fence and existing native vegetation will be maintained exotic free and allowed to regenerate naturally. Preservation Requirements: The subject property contains approximately 26.1 acres of native vegetation, to which one acre will be added for the purposes of calculating the native vegetation retention requirement. This was necessary since the applicant cleared one acre of native vegetation without obtaining a permit (code enforcement case 02000020052). With this taken into account, 4.07 acres of native vegetal on DEC 1 2000 EAC Meeting ..........................................................................................10/16/00 Page 7 of 10 x .15 = 4.07) am required to be retained and/or replanted on site. To satisfy this requirement, the applicant is proposing to create 5.4 acres of freshwater marsh along the east and north sides of the property. This wetland area is iljustrated as the Restoration/Preserve area on the Conditional Use Site Plan. In the ElS the applicant has also stated that 7.2 acres of buffer on the west and south sides of the property will be retained. Portions of this buffer have been cleared in the past and will be left to regenerate on its own with native plant species. This 7.2 acre buffer consists primarily of upland vegetation and will be credited towards the buffer requirements for the project. Listed Species: A threatened and endangered species survey was conducted according to Florida Fish & Wildlife Conservation Commission guidelines. The survey was conducted over a 10-day period from July 13 to July 23, 2000. There were no observations of any federally listed threatened or endangered species during the survey. Linear transects were walked during early morning (0600-0830 on July 13, 18 & 23) and late afternoon (1630-1930 on July 15, 16 & 20). Two species of wading bird (little blue heron and snowy egret) were observed along the canal bordering the property. Both are listed by the state of Florida as Species of Special Concern. The proposed lake banks and marsh creation area will help provide forage area for these and other wading birds, once the project is completed. Other listed species seen on site include air plants Crillandsia spp.), which are located in the cypress forest near the front of the property. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-00-14 "Townsend Lake Excavation" with the following stipulations: Water Management: That the petitioner retain the services of a linmologist prior to submitting for the excavation permit to insure that the Lake Depth will not create a Meromictic condition. This site contains sufficient wetlands to require that a SFWMD Permit be obtained prior to Excavation Permit issuance. Environmental: DEO 1 ooo EAC Mc~ting ..........................................................................................11/1/00 Page 8 of 10 1. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Land Development Code. For this site a minimum of 5.4 acres of the native vegetation shall be retained on site. 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 Section Staff for review and approval prior to issuance of a Vegetation Removal Permit. This plan shall include methods and time schedule for removal of exotic vegetation within all conservation/preservation areas and shall commit to an annual removal plan at a minimum (3.9.6.6.5 CCLDC). Permits or letters of exemption from the U.S. Army Corps of Engineers CUSACOE) and the South Florida Water Management District (SFWMD) shall be presented prior issuance of a Vegetation Removal Permit. DEC I 000 EAC M~ting ..........................................................................................11/1/00 Page 9 of 10 PREPARED BY: STAN CHRZANOWS~I, P.E. S~OR ~G~R DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIAHST II REVIEWED BY: Y, AICP CHIEF PLANNER DATE THOMAS E. KUCK, P.E. EN~G REVIEW MANAGER CURRENT PI ~kNNING MANAGER DATE 2000 EAC Meeting ..........................................................................................1111/00 PLANNING SERVICES DIRECTOR APPROVED BY: RiMM. DUNNUCK, III DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SlJgdh/c: StaffReport DEC 1 2 2000 RESOLUTION NO. 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "1" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LANT) DEVELOPMENT CODE FOR EARTHMINING ON PROPERTY LOCATED IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of F;orida, 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 '~,q-IEREAS, 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 after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3 in an "A" Zone for earthmining on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planrang Commission; and WHEREAS, all interested parties have been given opportunity to be heard by thia Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, representing Joseph E. Townsend, Trustee, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3 of the "A" Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. AGENDA ITEM Ne. I "~ ~.- DEC 1 2000 This Resolution adopted after motion, second and majority vote. Done this __ day of ., 2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: Dg, rlGHT E. BROCK, Clerk BY: JAMES D. CARTER, PhD., CHAIRMAN Approved as to Form and Legal Sufficiency: M~'-c~ie M. Student Assistant County Attorney g:/admln,CU-2000-14' RESOLUTION/SM/im -2- AGENDA t'IEM DEC 1 2 2000 FINDING OF FACT BY COLLIER COUNTY PLAN-NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-14 The following facts are found: 1. Section .2. f,~~ 1/e authorized' th~ coNdit hal use. of the Land Development Code o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: L// No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use with%n,district Yes ~/ No Based on the above findings, ~b~s ce~itional use should, with stipulations, (copy attached~~oul~ be recommended for approval - AGENDA ITEM No. DEC 1 2000 Exhibit B eu- 2 0 0 0- 14 The E V2 of the W V2 of the E ~/2 of Section 18, Township 51 South, Range 27 East Lying North of U.S. 41, Collier County, Florida. Same being 42.5 acres. DEC I 2 2000 M N WETLAND CREATIDN AREA SUBJECT TD AGENCY COORDINATION NDTES, -ALL ACREAGES ARE APPROXIMATE AS ND BOUNSARY SURVEYS WERE DONE, -THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE, -SITE PLAN BY Q, GRA3Y MINOR & ASSDCIATES. Exhibit C CU_2000_l~ ~ ~ & ~uociates. Inc. Exhibit D CU-2000-14 Subject to the following conditions: The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code, for this site, a minimum of 5.4 acres of the native vegetation shall be retained on site. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to the issuance of a Vegetation Removal Permit. This plan shall include methods and a time schedule for removal of exotic vegetation within all conservation/preservation areas and shall commit to an annual removal plant at a minimum (3.9.6.6.5. LDC). Permits or letters of exemption fi:om the U.S. Army Corps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to the issuance of a Vegetation Removal Permit. The petitioner shall retain the services of a lirrmologist prior to submitting for the excavation permit, to insure that the lake depth will not create a Meromictic condition. Should the limnologist determine that the potential for a Meromictic condition exists, the lake depth shall be dug in accordance with the limnologist's recommendations to avoid the occurrence of a Meromictic condition. g. Within the required landscape buffers, the petitioner shall retain the existing native vegetation to the greatest extent possible. AGENDAITEM No. ~ ~ - DEC 1 g 2000 EXECUTIVE SUMMARY V-2000-22, KAY D. SORENSEN OR MANUEL L. MAYO REQUESTING A 7.5 FOOT VARIANCE FROM THE REQUIRED SIDE YARD OF 7.5 FEET TO 0 FEET FOR PROPERTY LOCATED AT 6595 GLEN ARBOR WAY BEING FURTHER DESCRIBED AS A CERTAIN LOT OR PARCEL OF LAND BEING A PORTION OF LOT 1, VINEYARDS ARBOR GLEN. OBJECTIVE: The petitioner requests a 7.5-foot variance from the required 7.5-foot side yard setback for accessory structures to 0 feet, to allow a screened pool enclosure to connect to an existing 6-foot wall on a single family house. CONSIDERATIONS: The petitioner wishes to construct a screen enclosure over an existing patio. The screen enclosure would connect an existing wall at the property line with the house. The wall is permitted at the property line, however the screen enclosure is required to meet the 7.5-foot side yard setback. If constructed without the variance, there would be a 7.5-foot strip of concrete patio between the screen enclosure and the wall. No objections were received. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. AG EN DAiI~,~M No. /'/ ~ DEC 1 2 2000 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, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: The subject encroachment is for a screen enclosure over an existing concrete patio, maintaining existing light and air circulation. There is an existing 6-foot wall along the property line. The irregularly shaped lot and the configuration of the existing home and patio were created by the previous owner. For these reasons, Planning Services staff recommended that the CCPC forward Petition V-2000-22 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition at its November 16, 2000 meeting. The CCPC voted 8 to 0 to forward petition V-2000-22 to the BZA with a recommendation of approval. 2 2000 PREPARED BY: F , AICP SENIOR PLANNER R~EWED BY: R6NALD~F?b~N-~, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO~N M. DUNN~CK, III DA:FE ~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-22 3 ozs 12 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 17, 2000 SUBJECT: PETITION V-2000-22 AGENT/APPLICANT: OWNER: Kay D. Sorensen Manuel L. Mayo 6595 Glen Arbor Way Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 7.5-foot variance from the required 7.5-foot side yard setback for accessory structures to 0 feet, to allow a screened pool enclosure to connect to an existing 6-foot wall on a single family house. GEOGRAPHIC LOCATION: The subject property is located at 6595 Glen Arbor Way, also described as a portion of Lot 1, Vineyards Arbor Glen. 2000 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a screen enclosure over an existing patio. The screen enclosure would connect an existing wall at the property line with the house. The wall is permitted at the property line, however the screen enclosure is required to meet the 7.5-foot side yard setback. If constructed without the variance, there would be a 7.5-foot strip of concrete patio between the screen enclosure and the wall SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned PUD Surrounding: North - East - South - West - Single family home; zoned PUD Glen Arbor Way ROW Single family home; zoned PUD Ten-foot landscape buffer, across which is a single family home; zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: 2 AGENDA ITEM .17G DEC 12 2000 Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The home was constructed with a concrete patio extending from the home to the wall along the northerly side lot line. Also, the owner of Lot 2 purchased a portion of Lot 1 to create a larger lot, which limits the options of the petitioner. bo Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? 'Yes. The previous owner adjusted the lot line between Lots 1 and 2. This resulted in a smaller building area for the petitioner. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The house exists with an open-air patio. do Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the !and, building or structure and which promote standards of health, safety and welfare? No. The existing house and open-air patio are a reasonable use of the land. However, the requested variance will be the minimum required to screen the patio, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege t!~at is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than that which would be permitted for a similar lot in the Vineyards PUD. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? 3 17G DEC 1 2 20O0 No. The granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, the variance request is for a screened patio only, therefore the encroachment would still allow light and air circulation. ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. There is an existing 6-foot wall along the property line. The proposed screen would attach to the wall and connect to the roof of the house, therefore, from ground level, the impact created by the encroachment already exists, in the form of a wall. he 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. PLANNING SERVICES STAFF RECOMMENDATION: The subject encroachment is for a screen enclosure over an existing concrete patio, maintaining existing light and air circulation. There is an existing 6-foot wall along the property line. The irregularly shaped lot and the configuration of the existing home and patio were created by the previous owner. For these reasons, Planning Services staff recommends that the CCPC forward Petition V-2000-22 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear v. ariance petitions. 4 DEC 1 2 2000 SEN ~R PLANNER ROl' ~[,~-F'.~]~, AICP CURRENT PLANNING MANAGER ROBE~RE, AICP PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: ERiM. DUNNUK III M COMMUNITY ADMINISTRATOR ' DEVELOPMENT & DATE ENVIRONMENTAL SERVICES Petition Number: V-2000-22 Collier County Planning Commission: 5 ~I'7 G DE~ ! 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Variance Petition Dear Applicant: . ¥ O0 22 The following information is intended to guide you through the process of a variance petition. from completing the application packet to the Board of Zoning Appeals Hearing. The Collier County Land Development Code defines a variance as "a relaxation of the terms of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the appli. cant, a literal enforcement of this Land Development Code would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards, buffers, open space, landscaping, and parking/stacking/loading requirements. Establishment or expansion of a use otherwise prohibited or an increase in residential density shall not be allowed by variance nor shall a variance be granted because of the presence of non-conformities in the land use district or classification". Staffs recommendation to the Collier County. Planning Commission and the Board of Zoning Appeals to approve or deny a particular variance petition will depend on the applicant's ability. to demonstrate a sufficient hardship associated with the property., and not due to any action by the applicant. You are required to attend a pre-application meeting with a planner. During this meeting the application packet and submittal requirements will be explained in detail. After subinission of the completed application packet accompanied by a check for $425.00 (double for after-the- fact variances), you will receive a mailed response within ten (10) days notifying you that your petition is being processed. Accompanying that response will be a receipt for your payment and the number assigned to your petition. This petition number should be noted on all future correspondence regarding your petition. The Current Planning Section will provide for notification of surrounding property owners within 300 feet of the subject property and newspaper advertising. Your petition will be . dates, and yo[a wiilAC, Et,~DA advertised in the local newspaper at least fifteen (15) days prior to the hearing Fax (941) 643-6968 www. co. co~lier.~, Phone (941) 463-2400 I0 Page Two be notified at this time by mail of your hearing dates. The first hearing will be before the Collier County Planning Comntission (there are nine (9) voting members), and they will send your petition to the Board of Zoning Appeals with a recommendation of approval or denial. The Board of Zoning Appeals (composed of the five (5) County Commissioners) will make the final decision on your petition. An approval requires three (3) affirmative votes. It is recommended, but not required, that you and/or your agent attend these hearings. If you have any further questions or need assistance completing the application, conmet Current Planning at 403-2400. Current Planning Manager RFN/md/VARIANCE PETITION LETTER/3/3/99 VARIANCE pETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. , ¥ OO 22 '~ Commission District: Date Petition Received: Planner Assigned: ABOVE To BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: KAy _T). go,~ ~_t~s'~'~ o~' /VlA~u~ L L. t, XA',~a Petitioner's Address: /.,~- .q~ ~,~'~/.~...., /'~,-,$o ,- /,ff~ Telephone: Agent's Name: Agent's Address: Telephone: COLLIER COUNTY COMbIUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941)403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I of 8 AOrtA ITEM DEC 1 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: ,~7 fe _,0 c~/~ ~Z ~ Mailing Address /~, o v/~ ff~r~Jz, ~?~City ~ State 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 .~7 ~//? Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: A cc~rm~ ~or ~Tt' PA~cc~ of LAN2~ ~CINC, A P~r~O~ _Block (s) RECORd3' DF COLLIER COUNT~ FLDRJD~ ~ETN5 MORE' P~RTICULARL 7 ~01/NDE~ hN~ DES~I~ED ~,~ ~;/?,~MENCINO ~T A CDNCRE~'E M~NUMCNT ~RM) AT THE MOST NDRTHWkZST CORNFR DF TRACT ~HENCC NORfH 81'D07l' ZAST ALONG IHE NORTHERLY LINE ~F SAiD TRACT H 10,04 FEEI) THENCE SOUTH ~4'1~'1~' F~ST A~ONO THF EAST LINE DF SAID fR~CT H FEET FO r~ POINT gf ~EGINNING. ~NCE CUbITHUE SOfiTH 14'~8'13' ZAST FLET TO THE NORTNWES~ OURNEE OF LO/ ~,~ OF SAI~ PLAG D{EN~E NDRDI 7b'84'~4' EAG'F AI. ON5 LOI' 4,¢ I4I.~O ~'ET TO GLEN AR~OR VAY; {HENCE NDRrHE~STE~Lr ALONG A;' ~LEMENTS A CENTRAl ANGLE OF 45'DO'DO~ A ~ADfUS OF 5~00 FE~' { AND REING ~U~TE~D~D DY 4 ~HOR~ $EARINf, NuRDI 00'54',74' EAST fOR ~.~ FEET/ {HENCE N~PTH 58'~' WEST 34. B~ kffT/ T#FNCE SOUTH ~5'B~'34' WE$T ~,84 FEE~ THENCE NORTH ?0'43'~" WEST D~Zb FiEf TO TH~ POINT ~r ffk~INNING Application for Variance Petition - 8/98 Page 2 of 8 Address of Subject Property.: t If different from Petitioner' s address) Current Zoning and Land use of Subject Parcel: ~_~./~/j ~/ ~ Adjacent Zoning & Land Use: Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No ,~ Side: Waterfront Lot: Yes [] No ~ Rear: Appfication for Variance Petition - 8/98 Page 3 of 8 AC.~.~A DEC 1 2 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is nec&ssary; how existing encroachment came to be; etc. GES t2 2000 Application for Variance Petition - 8/98 Page 4 of 8 Please note that staff and the Colher 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 deterwin.tion to approve or deny a variance petition by the below listed cnteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-exi,stmg conditions relative to the properly which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or slructure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 of 8 2000 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. Will granting the variance be in harmony with the totem and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. A.re there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, got course, etc. o Will ~rantmg the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 of 8 rJEC !2 2000 ".- !? VARIANCE PE TI TION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # or COPIES REQUIRED 1. Completed Application (115 ~ 2. Completed Owner/Agent Affidavit, Notarized ~//~ 3. Pre-application notes/minutes k..15 ~/ 4. Survey of property, showing the encroachment11~~55 - (measured in feet) i ~'e:~dC4_~--~ !/~'- C'~ P/~.~ t~ 5. Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 ~.~/// reference 7. Application fee and Data Conversion Fee, checks shall- be made payable to Collier County Board of Commissioners 8. Other Requirements - ~'c/~ T ~- S ~ - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Application for Variance Petition - 8/98 Page 7 of 8 AC-~A ITEM ~EC 1 2 200G RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- ' 22, 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 ofthe public; and x~rHEREAS, 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 7.S-foot variance from the required side yard setback for an accessory structure of 7.$ feet to 0 feet as shown on the attached plot plan, Exhibit "A", in a PUD 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 proties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all mat~ers presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-22 filed by Kay D. Sorensen and Manuel L. Mayo, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 7.5-foot variance from the reqff~red side yard setback for an accessory structure of 7.5 feet to 0 feet as shown on the attached plot plan, Exhibit of the PUD Zoning District wherein said property is located, subject to the following conditions: The variance is for a screen enclosure along the north property line only. DEC BE IT RESOLVED that this Resolution relating to Petition Number V-2000-22 be recor&a in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ATTEST: DWIGHT E. BROCK, CLERK ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Ma~or~ M. Student ' ASSISTANT COUNTY ATTORNEY g/V-2000/22/FRJim JAMES D. CARTER, PhD., CHAIRMAN -2- DEC 1 2 2000 SURVEY SKETCH OF BOUNDARY SURVEY' NO~ FOR CONSTRUCTION NOT FOR DESIGN 6595 ~£N AR~R VAT N4PLES, £LORIITA ,, ,.,,',,',',,.-.-' ,,0 ....2C32 -. PLANNING SERVICES 0 IO ~0 40 80 LEGAL DESCRIPTION : A CERTAIN LL7T O~ PARCEL Of LAND B~ING A PORT/ON IF LOT L VINEYARDS AR~O~ ~EN AS ~C~D IN ~ ~L PA~S 39 TD 4~ /~LUS/V~ ~ T~ PU~IC C~I~ AT A C~ETE ~NT (~M) AT T~ ~ST ~THVEST C~ T~ ~TH 81'~71' EAST ~ T~ ~T~Y LI~ ~ SAID TROT H FEET ~0 ~ ~INT ~ ~GI~I~ T~E C~TI~ S~TH 14'~8'13' EAST FEET TO f~ ~TH~ C~P ~ LOT 4~ ~ $A]~ ~AD T~E ~TH [~ST ~ LOT 4~ 141.~ FEET TD ~EN ~ VAC T~E ~T~ASTE~Y ~I~ ~LEN ~ VAT ~.~7 $r ~ CI~4~ C~vf TD T~ RI~r, SAID C~VE ~VI~ [LE~NTS A CENrR~ ~E ~ 45'~'~Z ~ RADIUS ~ ~ FEET ~D ~I~ ~TH 58'35?6' VEST 34.85 FEET; T~E S~TH 76?4'34' VEST ~.84 FEET; T~E ~TH 70'43'M' VEST 119.78 FEET TD T~ POINT ~ ~GI~I~ CERTIFICA'r]ON : I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH 8Y THE BOARD OF PROFESSIONAL t/', 00M22 ' CERTIFIED TO : KAY' ~. 5'0~EN£9~ EXEEUUV[ TITLE INSU~,4At~E SERVICE.[ INC A~'RICAN PI~NEER TITLE IN2L~4N~£ COMPANK FLOOD ZONE : x COMMUNITY PANEL IEOO67-O4ESD DATED : 6-3-86 (FL~ ZONE : "B',"C',"D', & 'X' ARE NOT IN ~A~D FLOOD HAZARD Z~E AREA.) JN CD~LIA~E ~JTH LAND SURVEYORS AND MAPPERS IN CHAPTER 61C17-6, FLORIDA ADMINISTRATIVE 61G17-6.003! (5) (iF) (IF L~CATIDN OF COO~, PURSU-&I('/ TO 5EC~ 412.027. FLORIDA STA~5. EASE~NTS ~ RI~T-~-VAY ~ REC.D. _~_ ~__~:~ OT~R TH~ T~SE ON RECORD PLAT, THIS INF~MATI~ MUST BY ............ SURLY D~T[ · ~-~.[~0 .............. rU~ISH[D 1D T~ SUm~YOR ~D CUNTON W. FINSTA~, P~ {e453. J~FFRY H. Hi~OOSS, P~ H488 E~ F. ~XRD, P~ KENN~H W. SMITH, ~M ~5744 STEPHEN MAC~NA~, P~ {400t ~D E. BED~ PSM ~4 C. DREW BRA~C~ ~M {5542 ERROL A. A~SO, PSM {5955 ~rg, Jr A~CIC~{LC FE~EE E~VN NOT A CERTIDCATi~ ~ B'~E, Z~ING, EASEMENTS OR FREEDOM ~ ENCUMBRANCES. ~ ~ ~F Ll~& (~P~ L~7I~ NOT VALID ~THOUT SUR~Y~'S ~GNATUR[ ANO EMBOSSED SEAL ;UR~Y IS VALID FOR 90 DAYS. PLEASE REFER ~O RE~RS[ SIDE FOR CENERAL NO~S & ABBRE~A~S. {4760 N. TAMIAMI ~AiL. SUl~ 22 REVISIONS F.L.A. SURVEYS coRP. ' NAPLES, FLORIDA ~4103 941-643-2822 FAX 643-3593 PROFESSIONAL LAND SURlYORS ~ MAPP~-I R ~569 , ORAWN BY: J SJ J CHECKED B Exhibit "A" T NO: ~o rrEm DEC !2 2000 I.F. GAL DESCRIPTION A CERTAIN LOT OR PARCEL OF LANZJ EEING A PORTION OF LOT 1, VINEYARDS AREOR GLEN AS RECORDED IN'PLA. T ~00K 21, PAGES 39 TO 4~, INCLUSIV~ OF THE PUBLIC R~ORD2 OF COLLIER COUNT~ FLORID~ EEING MORE PARTICULARLY ~OUNDE~ AN~ DESCRIEE~ A2 FOLLOVS, COMMENCING AT A CONCRETE MONUMENT (PRM) AT THE MOST NORTHWEST CORNE~ OF TRACT THENCE NORTH ~l'fiO'11' EAST ALONG' THE NORTHERLY' LINE OF 2AI~ TRACT H FEETi THENCE SOUTH ~4'1~'13' EAST ALONG THE EAST LINE OF 2AI~ TRACT H 60,I~ FEET TO THE POINT OF ~EGINNIN~ .THENCE CONTINUE SOUTH ~'1B'13' EAST FEET TO THE NORTHWEST CO~NER OF LOT 4~ OF 2AI~ PLATi THENCE NORTH EAST ALONG LOT 4~ 14~.9fi FEET TO GLEN AR~OR ~AY~ THENCE NORTHEASTERLY ALONG 2AI~ GLEN AR~O~ ~AY ~9.~7 EY A CIRCULAR CURVE TO THE RIGH~ SAID CURVE HAVING. AS ELEMENT2 A CENTRAL ANGLE OF 45'~O'fifi', A RA~IU2 OF 50.00 FEET AND ~EING 2UETEN~E~ EY A CHOQ~ EEARING NORTH 0~'~4'34' EAST FOQ 3~.~7 FEETi THENCE NORTH 5B'~5'~6' ~E2T 3~.BS FEETi THENCE SOUTH 76'~4'3~' ~E2T ~.8~ FEET~ THENCE NORTH 7~'43'~3' ~EST 119.7~ FEET TO THE POINT OF ~EGINNIN~ EXHIBIT "B" DEC 1 2 20OO EXECUTIVE SUMMARY PETITION V-2000-29, SAMMY HAMILTON, JR. REPRESENTING EVERGLADES CORNER, INC. REQUESTING A 30-FOOT VARIANCE FROM THE REQUIRED 50- FOOT FRONT YARD SETBACK ESTABLISHED FOR AUa'OMOBILE SERVICE STATIONS TO 20 FEET FOR A GASOLINE SERVICE STATIONCANOPY REPLACEMENT FOR A PROPERTY LOCATED AT 31990 EAST TAMIAMITRAIL, AT THE CORNER OF TAMIAMI TRAIL AND SR 29 APPROXIMATELY 23 MILES EAST OF COLLIER BOULEVARD (CR-951), IN SECTION 25, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision regarding an application for a variance to allow 30-foot reduction on the required front yard setback for a automobile service station canopy replacement. CONSIDERATIONS: There is an existing automobile service station located on this site. The existing gas pump canopy is 19 feet from the front property line. The configuration of the canopy is such that it does not provide adequate and safe ingress and egress. In 1997 the Land Development Code (LDC) was amended to establish more rigorous standards, including increased setbacks for automobile service stations, which includes a 50 foot front setback for any structures in automobile service stations. The applicant wishes to remove the existing canopy and replace it with a new one to allow for a better internal circulation and safer ingress and egress. Because of the existing buildings it is not possible to comply with the required 50-foot front yard setback. Therefore, the applicant is requesting a 30-foot variance to enable them to build with a 20-foot setback. It is important to note that the Tamiami Trail ROW is in excess of 100-foot wide and will provide a large setback from the edge of pavement to the canopy. This site is zoned "A" Agricultural and in 1993 obtained a Non-Conforming Use Alteration to change the use of the existing building from auto mechanic shop to a souvenir and convenience store. FISCAL IMPACT: This request will have no fiscal impact. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: 1 The canopy replacement will take place over paved area; therefore, this request will have no adverse environmental impact. 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. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not reviewed by the EAC, as there were no environmental issues with this site. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for a conditional approval. PLANNING COMMISSION RECOMMENDATION: The CCPC heard this petition and by a unanimous vote recommended that the Board of Zoning Appeals conditionally approve V-2000-29. No one objected to the granting of this variance. 2 AGENDA Ii~M DEC i g 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REV/~ED ~Y: RONALD F?N1NO, AICP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: 3 OEC 1_ 2 ?.000 I AGENDA~7-D TO: FROM DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION October 31,2000 PETITION V-2000-29 AGENT/APPLICANT: Owner: Sammy Hamilton, Jr. Everglades Corner, Inc. 31990 Tamiami Trail East P.O. Box 119 Everglades City, FL. 34139 REQUESTED ACTION: The petitioner requests a 30-foot variance from the required 50-foot front yard setback established for automobile service stations to 20 feet. GEOGRAPHIC LOCATION: The subject property is located at 31990 East Tamiami Trail at the corner of Tamiami Trail and SR 29 approximately 23 miles east of Collier Boulevard (CR-951), in Section 25, Township 52 South, Range 29 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: There is an existing automobile service station located on this site. The existing gas pump canopy is 19 feet from the front property line. The configuration of the canopy is such that it does not provide adequate and safe ingress and egress. In 1997 the Land Development Code (LDC) was amended to establish more rigorous standards, including increased setbacks for automobile service stations, which includes a 50 foot front setback for any structures in automobile service stations. The applicant wishes to remove the existing canopy and replace it with a new one to allow for a better internal circulation and safer ingress and AGENDA ITEM DEC I ~ 2000 :1 egress. Because of the existing buildings it is not possible to comply with the r.:.~quired 50-foot front yard setback. Therefore, the applicant is requesting a 30-foot variance toenable them to build with a 20-foot setback. It is important to note that the Tamiami Trail ROW is in excess of 100-foot wide and will provide a large setback from the edge of pavement to the canopy. This site is zoned "A" Agricultural and in 1993 obtained a Non-Conforming Use Alteration to change the use of the existing building from auto mechanic shop to a souvenir and convenience store. SURROUNDING LAND USE AND ZONING: Subject property: Automobile service station, A/ACSC/ST Surrounding: North - Vacant, zoned A/ACSC/ST East - SR-29 ROW, State Park, zoned A/ACSC/ST South - Vacant, zoned A/ACSC/ST West - Vacant, zoned A/ACSC/ST HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR 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? AGENDA ITEM No. I-t- H DEC I 2 2000 fe Yes, there are existing buildings that make it impossible to build the canopy with the required front setback. Furthermore, the new canopy will have a larger front setback than the existing one. Are there special conditions and circumstances, which ~o not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, as discussed above, the site contains existing buildings, which have been in existence for many years. The location on those existing buildings is making it difficult to place a canopy with the required front setback. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, the service station with the existing canopy has been there for many years and it may function for many more years; however, the applicant is trying to improve the internal circulation and the ingress and egress to the station. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? A variance is not necessary to make possible the reasonable use of the land or structure. However, it is the minimum variance necessary to build a canopy, which will provide safer access to the pumps and safer internal circulation. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller front yard than would be permitted for other automobile service stations. 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 promote public safety and welfare. 3 AGENDAITEM I~. DEC 1 2 2000 Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, the Tamiami Trail contains a ROW over 100-foot in widt!~, thus providing a wide grassed shoulder. This grassed area provides a wide setback for the proposed canopy from the edge of pavement. 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 it's relatively minimal visual impact and due to the fact that this variance, if granted will provide for a safer ingress and egress to the site and will provide a safer internal circulation, staff recommends that the CCPC forward this petition to the BZA with a recommendation for approval. AGENDA~TEM DEC i 2 ~000 PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner DATE R EWED BY: CURRENT PLANNING MANAGER DATE PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHN ,I~-DUNNUCK, III, iNTERIM ADMINISTRATOR DATE COMM0'NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: V-2000-29 Staff report for the November 16, 2000 CCPC meeting. This Petition has been scheduled for the December12, 2000 BZA Public Hearing. Collier County PlaCommission: GA~AI R~'A~~ 5 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 29, 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 estabhsh, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 30-foot variance from the required 50-foot front yard setback for gasoline stations to 20 feet as shown on the attached plot plan, Exhibit "A", in an "A" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING &PPEALS of Collier County, Florida, that: The Petition V-2000-29 filed by Sammy Hamilton, Jr., representing Everglades Comer, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 30-foot variance from the required SO-foot front yard setback for gasoline stations to 20 feet as shown on the attached plot plan, Exhibit "A**, of the "A" Zoning District wherein said property is located, subject to the following conditions: This variance is for the gas pump canopy only as iljustrated in Exhibit "A". -1- AGENDA ITEM DEC 1 2000 pa. BE IT RESOLVED that this Resolution relating to Petition Numb~ V-2000-29 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: Marjorie. M. Student ASSISTANT COUNTY ATTORNEY G:/V-2000-29/CB/cw .lAMES D. CARTER, Ph.D., CHAIRMAN -2- DEC ! 2 2000 6 ~ ~T V O ~l EXHIBIT D[:S ~'~P'~K~ OK LAI,~ 5URVEYL~D (P~'¢el 2} or parcel of land bee<j a part of Section Trod IU.S. No.-41) ~h Stale Koed Ho.-2e. ~re porlicdm~ delcr&ed m fdlo~,: Coemen~r,~ e~ the I~tersecti~ of ~ euevey I~e of Trail (U.S. 40 wi~ fhe ~urvey i~e of qg. 29. eecor~ Io 1~ State Road t~nc, S29'26~7'W 90.32 feat along ~a~ ~vey State Rood ~o. 29: ~ht~ce NGS'22'32'W 100.~6 I~ biers,allah o~ I~ ~th Hehl-of-say of ':~mmi Trm~ ~.S. 41) mlh ~ we~t righ~-~r-,oy la~ ~a~e Ro~ 29: ~e~e co~r~vf~ d~ H~t-o~-~ay line of eaid Tmi~ Tra,I IU.S. 41} ;'2'~'W leO:~ (ee~ for a P~ce QF Thm.~e S24'31'2g'W 148.19 feet: The~,ce N6S'22'31'W 275//0 {eel: Thence N24'$7'29°E 14~,J9 '[eel ri~L~t-of-,ay line a{ ,aid Tameel Trail tU.$. 41) $65'22'$rE 275.00 feet 1o eke Piece of [~e~ing. Bell's,9! are ba, ed on The rkjhl-of-uay lee of Tamoral Trail (U.S. 411 m being N6S'22':SI'W. DESCRIPTION OF LAND SURVEYED (Parcel I) A qroct or parcel of land bain9 a part of SecTion 25 To,nship .52 South, Range 29 Role. Collier County. Florida, lying in the Su~lh~eH corner of the inler~ectien of Tamiami Trail (U,S. No.-~l) ruth S~ate Rood No.~29. bain~l more particularly described a, falom~: Frae 1he inTet~ec~ion of the ~ur~ey li~e of Tor,'~omi Trail (U.S. 41) eilh the ~r~ey llne ef ~tale Read N~. 29. ~ Io ~lOlt Road R~hl'ol'Woy mopI on file e the Recordl ef Caller Coyely. few S 2~'26'17' W ~.~2 dang odd Survey ~o of Slme Rood ~. 29: Sarah Ri~t-of-l~ li~ of ,aid U..5. ~ay N~.41 Thence from the Pdnl of Beglr~lng cont~ue N 65'22'3,1' W 180.00 [eel domj lhe Southerly R~t-o[-Woy ~ne of ~d U.S. HiCkey No.41: Ih~ce S 24'37'29' W 199.29 fee~: Way li~e of ~aid S.R. No.2~: lhe~e fi 2g 26q7' E EXHIBIT "B" ' A~ENDA ITEM N~. I'~ DEC 1 2000 ._..pa. ._. ~.. ~ o o - s s Petition No. Date Petition R~iv~: ........ -nzio¥~ To ~iz"¢O~LE~x~ BY gr.~ ...... GI~NERAL IN~. O}IMATION: Petitioner'a Name: Application for Variance P~titton - 8/98 rage 1 lDEC 1 2 2000 COLLIER COUNTY CO~*NITY DEVELOPMENT PL.~NNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PI:IONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Aasociation(s) affiliated with this petition. ('Provide additional sheets if nccessaW) Name of Homeowner P asoclarion: Mailing Address City Stat~ ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip .... Name of Homeowner Association: Mailing Address Name of Mastel' Association: Ma/ling Address City __ State ~ Zip , City, State ~ Zip Name of Civic Association: Mailing Address City State __ Z/p _ .~.~Q PE RTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Lot (s) Block (s) Section Twp. /4/ Metes & Bounds Description: Application for Variance Petition - 8/98 Address of Subjeet Property: (If different from Petitioner's addre, a) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LANO UsE w _ 0 ,d Minimum Yard, Requiremeuts for Subject Property: Front: Comer Lot: Yes[~ No[i] Side: Waterfront Lot: Yes [~ No ~-~ Rear: Application for Variance Petition - 8/98 " AGENDA ITEM Mo. DEC 1 2 2000 ~.. ~ Page 3 oF8 Nature of Petitign Provide a detaile~:l explanation of the request including what structurm are existing a,~ad what is proposed; the amourtt of c-ncmaehmc-~nt proposed ming numb~'~, i.e. reduce fi'ont s~tbaek from 25' to 18'; wh,:rx property owner purchased propS; when existing principal struetu~ was built ('include buildiag permit number (s) if possible); why e~ncroachmertt is necessary; how existing encroachment came to be; etc. Application for Variance Petition - 8~98 Page, Pl-~se note Chat 81~ and the Collier Count, ?l.~rr~n~ Com~ssfon shall be L,u~cled in ~eff recommendation to th~ Board of zoning Appeals, and that the Board of zoning app~ shall bc guided in its determination tc approve or deny a variance pc"ddon by the below liste~t criteria (14). (Plciise addsess thb criteria using additioaal pag~ if n~c~ss~y.) · Are there special conditions and circumstances existing which are peculiar to the locmion, size and characterisles of th~ land, structure, or building involved, Arc there speci~:l conditions and circumstances which do not result from the action ofth~ applic~ut such as pr¢-exiang conditions relative to the properS' which is the subject of the variance r~qu~. Will a literal ~terpremtion of the provisions of ltais zoning code work unnecessary and undue, birchhip on the applicant or ~reate practical ditticulties on the apphcaut Will the variance, if granted, be the minimum variance that will make possible the reasonable u~,: of t2~c i~au, building, oi ~traOaa a.d '~,'~h promotc str.r,~a:'ds of health, s~.fety or v'elf.~re, Application for Varisnce Petition - 8/~8 Pa AGENDA iTEM DEC 1 2 2000 Will granting the variance requested co~.fcr on the petilion~r any spe~iaI privilege that is denied thesc zoning r~gulations lo other hinds, building, or s~ruc 'tufts in th~ sam~ zoning disWict. Will granting the variance be i~ han~ony with the intent and pur10ose oftMs zoning code, and no~ be injurious to the ueighborhood, or otherwise deh-'~,ental W the public welfare. there natural ccmditions or physically ~ced ~dom ~t me~omte ~e ~als and objectives of ~ re~la2on such as ~a~ ~es~ ~es: golf co~e, ~c. Will gr~uting the variance be consistent with the growth management plan. Application for Variance Petition - 8f98 P2 DEC 1 000 ,VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST TH/S COMPLETED C~CKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS i# COl, mS I. Complete~! Application i 15 2. Completed' Ov~'~er/Agent Affidavit, Nota~ized "'1 3. Ire-application notes/minutes 15 4. Survey ofproperty,"showlng the encroachmen[' ......1 (measured in feet) ...... 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location rasp depicting major streets in area for1 reference 7. Application fee and Data' Conversion Fee, cheeks Shall.'- be made paya.ble to Collier Co._unty Board of Commissioners $. Other Requirements - = As the authorized agrni/applicant for this petition, I at&t fi~t all of~c information indicated on this checklist is included in this ~ubmii~al package. I understand that failure to include all r. ece~ary submittal inforn~tion may result m the delay of processinE of this petition. A~p l"ic arttAngent .qignature Application for Variance Petition - 8/98 Date DEC i 2 2000 P AFFIDAVIT am/are the owners ~of the property described herein and which is tile subject matter of the proposed hearing; that all the answers to the questions in this application, ir, cluding the disclosure of interest information, aH sketches, data, and other supplementary, matto' attached to and made a part of this application, are honest and true to the best of our knowledgz and belief. We/I understand that the information requested on this application must be cemplete and accurate a~ut that the content of this form, whether ~omputer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deem,:d complete, and all required information has been submitted. As property owner We/I. further authorize ------ as our/my representative in any matters regarding this Petition. to act Signature of Pro. retry Owner Typed or Prin~re~ ~Vame of Owner Signattere of Property Owner Typed or Prir, ted Name of Ovmer The foregoing ir~trument was acknowledged before me this day of ...... 19 ., by who is personally kno~n to me or has pror, ruced as identificatior,. State of Florida County of Collier Application for Variance Petition - 8/98 (Signature of Notary Public -State of Florida) AGENDA (Print, T)g,e, or Stamp C Name of Notary Publit ~mmf~sioned DEC 1 2 2000 14g !~' DEC 2 2OOO EXECUTIVE SUMMARY PETITION VAC 00-018 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 20' WIDE BERM EASEMENT AND A PORTION OF A DRAINAGE EASEMENT IN TRACT "C", ACCORDING TO THE PLAT OF "RIVIERA COLONY GOLF ESTATES - TRACT MAP" AS RECORDED IN PLAT BOOK 10, PAGES 104 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described portion of a 20' wide Berm Easement and a portion of a Drainage Easement. CONSIDERATIONS: Petition VAC 00-018 has been received by the Planning Services Depa~mient from Wilkison & Associates, as agent for the petitioner, Riviera Golf Club of Naples, Inc., requesting the vacation of the above-described portion of a 20' wide Berm Easement and a portion of a Drainage Easement in Tract "C" to accommodate the existing residential dwelling. GC zoning allows a residential dwelling to be constructed on the golf course property. Letters of no objection have been received from Collier County Engineering Review Services and Collier County Stormwater Management. Zoning is GC. 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 00-018 for the vacation of the above-described portion of a 20' wide Berm Easement and a portion of a Drainage 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: /;~e-._~,~_ ~ ~ t.-~'~. Rick Grigg, P.S.M. Plann~ Thomas E. Kuck, P.E. Engineering Review Manager REVIEWED BY: ~ ~ l~obt~t Mulhere, AIC-~--~ Planning Services Department Director APPROVED BY: ~& '~ Jo~ M. Dunnuck, III, Interim Administrator C~0hmunity Development & Environmental Services DATE:~ DATE: DEC 12 2000 P~., / _ RESOLUTION NO. 2000- PETITION VAC 00-018 TO DISCLAIM, RENOUNCE AND VACATE THE 4 COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 20' 5 WIDE BERM EASEMENT AND A PORTION OF A DRAINAGE 6 EASEMENT IN TRACT "C", ACCORDING TO THE PLAT OF "RIVIERA 7 COLONY GOLF ESTATES - TRACT MAP" AS RECORDED IN PLAT 8 BOOK 10, PAGES 104 THROUGH 108, PUBLIC RECORDS OF COLLIER 9 COUNTY, FLORIDA. LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, 10 RANGE 26 EAST. 11 12 13 WHEREAS, pursuant to Section 177.101, Florida Statutes, Willrison & Associates, as agent for the 14 petitioner, Riviera Golf Club of Naples, Inc., does hereby request the vacation of a portion of a 20' wide Berm 15 Easement and a portion of a Drainage Easement in Tract "C", according to the plat of "Riviera Colony Golf 16 Estates - Tract Map", as recorded in Plat Book 10, Pages 104 through 108, Public Records of Collier 17 County, Florida. Located in Section 18, Township 50 South, Range 26 East; and 18 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 20' 19 Berm Easement and a portion of the Drainage Easement in said Tract "C", as more fully described below, 20 and notice of said public hearing to vacate was given as required by law; and 21 WHEREAs, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 24 OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 25 See Exhibit "A" attached hereto and incorporated herein. 26 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to ~cord a ceriified 27 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of 28 this vacation on the recorded plat as referenced above. 29 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COLrNT~, FLORIDA 30 31 32 33 34 35 36 37 38 39 4O 41 42 Approved as to form and legal Pa~nc~ White, Esq. Assistant County Attorney BY: Jawes D. Carter, Ph.D., Chairman AC~NDA IT~a DEC 12 2000 Drainage Easement N.85'54'52'W. 69.97' EXHIBIT "A" SHEET 1 OF 2 VAC 00-018 / I / POINT OF BEGINNING / Oroinoge Eosement/ / /. /~' TRACT MAP / o lO ~ 44) GRAPHIC SCALE PAGE 1 OF 2 FLA. IIC. NO. 5854 ~ NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURV[YOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON & ~~1~ ASSOCIATES INC. CONSULTING ENGINEERS AND SURVEYORS 5506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 645-2404 FAX NO. (941) 643-5173 D^TE I FB PCDRAW, BYW.O./DWG..NO, I - EFG 15218/SLR303~ ' '- ~-oo ,,,,,.[OEC ~2 ~ooo . DESCRIPTION All that port of Tract "C", Riviera Colony Golf £stotes Tract Mop according to the plot thereof os recorded in Plot Book 10, pages 104 through 108 (inclusive), Public Records of Collier Count)5 Florida, being more particularly described os follows: COMMENCING at the Southwest corner of Lot 264, Riviera Golf Estates Unit One, Phase Two, according to the plot thereof os recorded to Plot Book 12, pages 108 and 109, Public Records of Collier County, Florida; Thence S. 87'12'54'W. for 9,3.27 feet to the exterior boundary of o twenty foot wide Buffer £osement os shown on said plot of Riviera Colony Golf Estates Tract Mop and the POINT OF BEGINNING of the Parcel herein described; Thence along said Buffer Easement Boundary in the following four (4) described courses: 1) S. 25'18'05'W. for 188.18 feet; 2) N. 85'54'52'W. for 69.97feet; 3) N. 03'10'47"£. for 180.28 feet; 4) N.$2'58'O3'W. for 8.90 feet; Thence N. 12'55'O6"E. for 36.02 feet; Thence S. 77~)6'55'£. for 59.75 feet; Thence S. 12'55'06'W. for 24.13 feet; - Thence $.77'06'53'£. for 80.16 feet to the Point of Beginning of the Parcel herein described; Containing 21103.16 Square Feet, more or less; Subject to easements, restrictions and reservations of record; Notes: 1. This is not a survey. 2. Basis of bearing is southerly line of the 20' Berm Easement as being North 85'54'52" West. ,3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mapper. Legend: D.E. G.E. P.B. indicates Drainage Easement indicootes Golf Course Easement indicates Plot Book PAGE 2 OF 2 SKETCH AND DESCRIPTION WILKISON & A$SOCIAt ES INC. CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 DATE 8-00 FB PG DRAWN BY - EFG NO, 15218/SLR305- 152181d ~IT ~A" SHEET 2 OF 2 VAC 00- 018 ITEM DEC 1 2 2000 16A1 PETITION Attachment "B" FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDMDED LAND Date Received: ~--~P. Petition #: Petitioner: Address: City/State: Riviera Golf Club of Naples, Inc. (seller) By John Gifford 2650 County Barn Rd. Naples, FL 341 ] 2 For: RGC, LLC (buyer) 48 Marseille Dr., Naples, FL 34112 ! Address: ~..~"61~ ~"X'~ ~:;~. ~'~ City/State: ,~'ce~s z/'~/'" , Address of Subject Property: Location: Section /t~' Township. Legal Description: Reason for Request: Current Zoning: elepbone: ip Code: Telephone: Zip Code: ~:~ C Block Unit Plat .ook ~ ~ ~ this afire densi~? ~ I hereby authoriz~,Agent~above to repre~nt me for thi~ petition: S,j~atufe of~(fifioner P~n(N~e [] No I~ate / (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plata or Portioaa of Plata of Subdivided Land" for the list of supportive materlab which must aceompaay this petition, and deliver or mail to: Commuifity Development & Environmental Servicea DivistoB Planning Services Department 2800 North Horseahoe Dr. Naplea, Florida 34104 O) (2) O) (4) If applicant b a !and trnst, Indicate the name of beneficiaries. If applicant Is a corporation other than a public corporation, indicate the name of ofneers and major stockholders. If applicant ts a partnership, United partnership or other business entity: indicate the n principals. List all other owners. Parc 4 of 4 m__.~. of DEC 1 2 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt "~ ~ ~ ~ - O ! ~ I Trans Number Date t Post Date 224299 09/28/2000 4:15:16 PM 09~29~2000 IPayment Slip Nbr MS 76400 RIVIERA GOLF CLUB 52 MARSEITTE DRIVE RTS: 26, 50, 18 Lot: C New or Exist: N Pay0r · RIVERA GOLF CLUB Fee Information Fee Code ; Description GL Account 12TRVC I REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Total Amount Waived $1000.00 $1000.00 Payments : Payment Code i Account/Check Number Amount ',CHECK ~ 19993 $1000.00 Memo: CHECK NO. 19993 VAC-00-018 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 Cashier/location: GARRETT_S / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:09/28/; nEc 1 2 2000 ~00 ,~:"r5:40 PM THE FUND COLLIER ID:9~177~2627 OCT 02'00 9:~ No.UU6 H.UZ RIVIEF~ ~$?~T~$ CORP., a Flor. ida cori)ors~:ion, Ii1[ 5,38., 9O2 of Ohio, 6~ ~TTACH~D D~6CRIP~ION. Cortolu ~rtgago to ~obJln 11o~o Dynamics, Inc., tilud in O.R. Desk 473 page 448, Public Records of Collier Catty, Florida, ~hich the t~uyer a~.',,~: 1. SCOTT dml i.hl IOn.t,,r tk..s Iwwl,!' hdly w.r,.,,I flu, tdk. 1o i*ld I,mtl. d,nl wf(I ~L-h-,.I tl~. ~,... dgd,,,.t d., IJ~lhl, I,.,.. ......... GocFotmry :, · ~TA~ OF F~XOA '" (~IU~IT uF COLL%~ ' I IIKIIEIIY CI~iITIFN' Ilet t., Ihl. day Illrot, Ira'..,, ollk~.f sk.I}' ,pMIlIi~I t,, take mk,..~L~t~i.'eds. ~eipoctive!y of RIVIEM rS?ATE& CO~., k Rl~ld. carperethos, .... DEC 12 p~. ~r/ THE FUND COLLIER ID:9~177~2627 OCT 02'00 9:a9 No,003 P.O$ yard (so IhOWn in Plat Nook 10, Pa~ca 109-113, inclusiw.. Public Records of collier County, Florida) until ~cCepted by a 9ovlrnmant body a~ a public road. rocordld in Plat Book lO, p&gal 104 throu9h 10~, inclusive. on accous to the oeoomont for any are& lyin9 in the ~ont h~dy for mainSshinto, whichever co~s first. that certain ~aIe Aqzou~ont dated Hay 31, 1971. filed in O~ aook 409, page 163 et moo, Public Records of Collier County. Florida, Till: F~J,~O~I~G ~{]~1{1('7~0~ Ilm]l ru~ vlth the The ~fantoe coviaante an~ that the dandled ~ro~Jeee ~Jll ~ foisted activlt~O~, ~d nO other will maintalmud tn an attractive AGENOA ITEM DEC 1 2 2000 THE FUND COLLIER ID:9417742627 OCT 02'00 9:49 No.UU~ ~.U~ 538 ,,. 904 L~GAL O(SCRIPllON GOLF COURS~ RIVIERA COLONY GOLF CSTAT[S fOR CONVeYANCe PURPOSES TRACT HAP, as recorded In Plat Book 10, Pages !0~, IO5, lOG, IO7 and 106, Public ~ecords of Co!ilar County, Florida, except- Ing therefrom the £a~terIy I0 feet of slid 1raCe A, sold exception more particularly described as follo~s: from most Northrely corner Of Lot 1~6, Riviera Colony Golf [states Unit One, es recorded in Plat ~ook !0~ Pages 1~9, 110, ill, 11Z and 113, Public Records of Coll~er County, florida, run 30,00 feet along the arc of ~ curve, concave tu %hb Nur~t~ea~t~ having a radius of ~bO.00 feet and subtended by a ct~ord having a leneth of 2~.9~ feet and bearing N &6'S8'3~'~: tidenee S ~ke~8~8'~, for ~O.OO feet to the Point of Beginning of ~nld excepttoni thence co~tlnue S &G'S8'~8'~, for tO.00 fee~; tht,~ce running parallel with and IO,OO feet fr~,~ the ~n~t line Tract A, 53~.70 feet along the arc of a carve, concave to the Northeast, having a radius of ~bO.O0 feet and subte.~e~ by chord herin9 a length of SIg,gk fee~ and beari~ N tO a point of tangencyi thence N II ~$'17"E, for 262.~2 fee~ to a point of Curverural thence 8~.&O feet a!ang the arc of a curve, ccmcave to the Suut~estw hovln9 a radlu~ of 710,00 feet and subtende~ by n chord having O leneth of 79G.68 feet ;~nd bearing N ~'~'33'~ tO O point 9F t~ngenCyl tl~,nce N 56'27'~3"~, 1~9.~6 recta thence N 26'0b'S1"[, for 10.09 feet to the line of Tract A~ thence along said East line: S for ILl.Z7 feet to a point of Curverural thence ~S5.28 feet el~g the arc o~ a curve, c~ceve to the South~est, herin9 a radfus of 720.00 feet end subtended by a chord herin9 a of 805.87 feet end bearing S 22'25'~"[ to a point of tange~cy; Ihence S !1")6~17'~, for ~62.&2 fee~ ~o a point ~f thence 5~.8~ feet along the arc of e Curve, concave tu the Northeast, having a radius of 5~0.00 ~eet an~ subtenOe~ by C~td having a length of 502.76 feet end.bearing S to the Point of Beginning of sal~ exception. Subject to ease~nts and restrlc~l'~ns of record. Containing 93.5~ acres. lC[ Pro~ect No. 2756-8 TRI-COUNTY [NGINCERING, iNC. Pay I, l~Tl Naples, rlorlda Revised June 25, !~7~ DEC 12 2000 · r~ ~00L I I RIVIERA COLONY GOLF ESTATES TRACT MAP P.B, 10, PG. 104-108 SITE PLAN (EXISTIN~ HOUS!~) THIS IS NOT A SURVEY ~J"~ WILKISON & ~~l~ ASSOCIATES ~ ~ INC. ~ CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVe. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 DATE I FO PC I DRAWN BY I W.O.,/DW~. NO. 15218~XA DEC I 2 2000 · .~?~.* .~.-~,;~,~ ~.., ,. -.:. :'- ~' '~:"~. :'9~ . , " /~ ~0' ' ' . .. .C=~02.91'. . $,14.~E.? ..~,' CB=S27"19.0~ E '' ~ '."+ . · . ~ .. , ~:..: ,- '..., ' ....,.-' .. · ~ .... ~': ~ ' ~:::::~:~ ~, ~"" i ;'- ~ ~"~ , ' - "*' ' ;'~, "-'-~,;' .. ";:;-'. ;,';' .....' '..:':' .....~.,,"'.:,',:¢,..-,· , ....,~;..-...,-. . .- . . . ...:.- ~-: -?.~',. . /. ~..:~;'.':. '. '...'_.' '."'?.'?-,'.'."l-~"-;/ · ~.r.-';: .:..:;.-.,,'.;--.?..'.~..'~ .;:/....!' :.:.~/..'./,'..;._ ~',:' ".-' .'"' '-' :- ' .' ......'' '.'-"~"~""'1 i·¢/' ~ -;'.' '.';'-~'"' ' }¢,"' , - ~. · :. -.. -~: · .~./~)~-~ .'_- , ~¢_ L..'L..'. ",~' - ' .-, I~ ' . </ -~.~' " L~ .:' " ' ' ' .... ' ::..I'~ /~'¢,:~0~ :.,......:.........,. ....,.../ '~ ~AINAGE'E~MENT- - '-~.~- '.'.7 ' ~ ....:j:?' . .. . . . ; .1. ~~ ('C. ': 4 ~ ' . ' . ¢ ' - "''~'_,' ;'... · · '- - . ¢ 'L , - · '~.' · ~:-,;-,~.-_ ~ .¢¢~..~.' ..? ' .... '- ' ..' -.-. ~.~' %,. .L - . f'~ ' ' 4 "; ',.' ':~'~;"" ' ~ ~/~4 .'.-':~ ". ;V'?' "~. '~' . ~,.:. . ';' '.';''. "'~'W"' ~' . , - . , . . :, -'';.: '.. COURSE'"B' '" . IO' DRAINAGE DRAINAGE EASEMENT' % · ' . - . . . , . .~ .. . .. . ,.¢ ...... ~-:,' ::-::,*,. :.. t~ I ~ ~ .,.. i.l' ' .~': r '.."~'¢" ..... - ~ . ?"..,.:.'rq , ¢ .-,.:.~..· ~-': . .,... . . . .. '--'.,:. ~.:..-... .. ~-,:. .. . _ . ..... -...-,. , /'"'-,:: ' '"' ' 'BS[~.NT '-""' ....... p~~ ~ ' ' --, ., ... ;.~..,.'/¢ :¢- . ~ :' ~ ' :-'"' "*"4 ' ..' ;' ' .... - '. ..... " ._ :..'?, . .. <-:~,.. . ,:~ .. ,.~ . .. ~ '" , ~. - ~. .' ~...~'..,./::.";?.. ...,.:. .. . ' .. .. , ....· .: . , .,/...,2 .:: ~ .... ---.:. '-.-&~ ..". ........... , ~:.,..': ......... , ... .. .... . - . . ~.,¢:~¢: :.....,: .- ..:~?~. ,..~ ........ . .', ;~'~' ~ .. .,. ~,~.~- . .:. '~ ,.~ ,-' .~:... -- ~ ~:.:,~,-....' . .,.~. ,, ~ ... ,, ~::~.':~;... , ...;'- &.,~ -,..'~ ... . -~,~¢. -. -- ~.~ ~ .~ . ¢~-.¢~:'~¢ .-... ,'~..~[.~- , . .:¢....,..-,-~..~. . .~., . -.. ~' ~.' : -... ,,.. .' . ."'~,":' -.. TRACT C C TRACT O c kKE H ~CIG A RIVIERA L.~..S VILLAS OF NAPLES CONDO BAYBERRY OF NAPLES ' CONDO 1I ' DEC I 2 2000 P~. ~,~-- , CONSULTING ENGINEERS AND SURVEYORS , August 30, 2000 Mr. John Boldt, P.S.M., P.E. Collier County Government Storm Water Management Department 3301 E. Tamiami Trail, Building H-3 Naples, Florida 34112 RE: Request for "Letter of No Objection" Lake Drainage & Berm Easement at Riviera Golf Course WA#0041.1 $EP 7 2000 Dear Mr. Boldt: We are currently preparing documentation to submit to Collier County for the vacation of the_Lake Drainage & Berm Easement at Riviera Golf Course. A copy of the plat and the proposed area of vacation are included for your reference. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, WILKISON & ASSOCIATES, INC. Vice President of Surveying DIH/sg Enclosures I have no ob'~e p~vacation. Signature Print Name C:\WA Files\00 Projects\0002\CormspendmceXJHJB0041.1 Request for l.ttter of No Objection.doc ~^~.n~,q~z A¥'L., '~AF,_r_ .... ,34 ~u ,~z. ,-o/-C3-24~,,-: c.z, -o,:c-t., DAVID S. WILKISON, P.E, DAVID J. HYATt, P.S.M. HORACE A. WILKIS( i:'2 2000 N, P.L.S. (RET.) P8. August 30, 2000 · · WILKISON & CONSULTING ENGINEERS AND SURVEYORS WA#004 l. 1 Mr. John Houldsworth Community Development & Environmental Services Division Engineering Review Services 2800 N. Horseshoe Drive Naples, Florida 34104 Request for "Letter of No Objection" Vacation of Lake Drainage & Berm Easement at Riviera Golf Course Dear Mr. Houldsworth: We are currently preparing documentation to submit to Collier County for the vacation of the Lake Drainage & Berm Easement at Riviera Golf Course. A copy of the plat and the proposed area of vacation are included for your reference. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, WlLKISON & ASSOCIATES, INC. David J. Hyatt, P. Vice President of Surveying DJH/sg Enclosures I have no objection to the proposed easement vacation. Signature& 1-~,,3, ~o~,[c[~bO60.~'{~ %o~'o ~ P~t Name 3500 EXCHANGE AVE., NAPLES, FL 3410~ 94 ,-O4c-z4u~ 941-043-67&~ FAX 941-~ Date DAVID S. WILKISON, P.E. DAVID J. HYATT, P.S.M. HORACE A. WILKISON, P, I~Ocych s-sd 12 2000 ..s. (RET.) ~ · ~ WILKISON & CONSULTING ENGINEERS AND SURVEYORS , RIVIERA GOLF ESTATES (ABUTTING PROPERTY OWNERS) ',4 ,nc c~-ott~ ................. Dcloris Mac Parker ] Of) F]eu~ De Lis Lane ?04?0 ] 20003 Naples, Florida 341 ]2-7]22 Michael K & Margaret C. Clinton113 Fleur De Lis Lane 70470160005 Naples, Florida 34112-7122 Claude & Evelyn C. Smith 117 Fleur De Lis Lane 7047020004 Naples, Florida 34112-7122 George A. & Lena R. Costa 121 Fleur De Lis Lane 70470240006 Naples, Florida 34112-7122 Patricia S. Warden 125 Fleur De Lis Lane 70470280008 Naples, Florida 34112-7122 John P. & Jeanette G. Manning129 Fleur'De Lis Lane 70520040004 Naples, Florida 34112-7122 AJice M. Fish' 133 Fleur De Lis Lane 70520080006 Naples, Florida 34112-7122 Everett L. & Muriel Sinclair 137 Fleur De Lis Lane 70520120005 Naples, Florida 34112-7122 Earl F. & Sb3rley J. Sackerr 141 Fleur De Lis Lane 70520160007 Naples, Florida 34112-7122 DAVID S. WILKISON, P.E, DAVID J. HYATI', P.S.M. HORACE A. WILKIS(~ 'age 1 of 1 DEC-1 2 2000 N, P.L,S. (RET.), ~a. /,_5 . 1999 COLLIER c'OUNTY ~NOTICE OF AD ~,:ALOREM TAXES - TANGISL= c ,~ PERSONAL PROPERTY UNT. ARNED J t~ .IN. NOV J 3t~ IN DEC I 2~ IN JAN I 1Z IN. FEB I O~ IN MAR ~ 247~15~ . . : . :..~ ~ .-~ . · . ....,... . . ~ ~0~~~00070~0 J ~ ~. 1~ V~ ~ V~ ~RBAGE C~BINEDTOT~J ~g99 COLL[c~ COUNTY NOTICE n~ AD V.~,LOKc'~ T~~:: _ UNT EARNED m~ -,,-IN 'NOV 3'>~IN DEC I :NT DLIF - 22 62 .5~ ~o B~'6 ~ ''4 Oq~, ¢," ~ e ~ ~ ~,-= ~,;, - ~ 3.5 & 1 3 5,7 > 5 ,~~ cou ~ i ~X X COLLER COUN~ T~ COLL[CIOR " t q · 1 e~ OI 8 ' ~ q 8 ~ ~HO~ ~ /~ N N COURTHOUSE COMPLEX- BUILDING C-1 :.:....~~.~oI ~~~~:~~ ~"5]:6'~'~."-..g7go , ':.<:?":." I · :~ - I (~ ~V/co...~.o~I -'-' MAP TR B~C,9 AND THAT ~RT TR REC~.]6~.~__~_ - A LESS ESMT DESC IN 0~. 15~8 DEC 12 ~.000