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Agenda 03/13/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 13, 2001 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 March 13~ 2001 1. INVOCATION - Reverend Mary Anne Dorner, Church of the Resurrection 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. February 13, 2001 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1. Proclamation recognizing the member financial institutions of the Collier County Loan Consortium for their part in helping to provide home ownership opportunities for Collier County families. To be accepted by Al Williams and George Breeden from the Loan Consortium. 2. Proclamation proclaiming March 20, 2001 as "Children's 'Day in Collier County, Florida". To be accepted by Mrs. Myra Shapiro, President of Naples Alliance for Children. 3. Proclamation proclaiming the week of March 11 - 17, 2001 as The 22nd Anniversary Of The "Know Your County Government Week". To be accepted by Brooke Haas and Michelson Aristhyl. B. SERVICE AWARDS Five Year Attendees: 1. Annis Moxam, Planning Services 2. Mary Keidel, Parks and Recreation 3. Deborah Gardner, Museum 4. Stephen Shelton, Wastewater 5. Jeannine Merritt, Public Information 2 March 13, 2001 6. Leonard Pohl, EMS 7. Jane Eichhorn, HUI C. PRESENTATIONS 1. Presentation regarding a promotional free garbage pick up award. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve commercial excavation permit No. 59.779, "Patterson Lake Commercial Excavation" located in Section 29, Township 47 South, Range 28 East; bounded on the North 70th Avenue N.E. Right-of-Way, on the South by vacant lot right-of-way, on the West by vacant lot, and on the East by vacant lot. Recommendation to approve commercial excavation permit no. 59.778, "McDaniel Lake Commercial Excavation" located in Sections 20, 21, 28, 29, Township 48 South, Range 28 East; bounded on the North by vacant lot, on the South by Randall Blvd. Right-of-Way, on the.~West by occupied lot, and on the East by vacant lot. B. TRANSPORTATION SERVICES 1. Reauthorization of Local Option Gas Tax. provided ). (Backup material will be 3 March 13, 2001 C. PUBLIC UTILITIES D. PUBLIC SERVICES E. SUPPORT SERVICES 1. Approve a Lease Agreement with the Police Activities League to utilize County property for all terrain vehicles. F. EMERGENCY SERVICES G. COUNTY MANAGER 1. Adoption of FY 02 Budget Policy. 2. Recommendation that the Board of Collier County Commissioners review the written and oral reports of the Advisory Boards scheduled for review in 2001 in accordance with Ordinance 86-41. H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT Recommendation that the Board of County Commissioners approve a settlement in Paul Lashbrook v. Collier County, now pending in the United States District Court for the Middle District of Florida, Case No. 2:00-CV-122-FTM-29D, in the amount of $150,000. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. Appointment of members to the County Government Productivity Committee. C. Appointment of members to the Community Health Care Planning and Finance Committee. D. Board discussion of the possible repeal of Ordinance 2000-82, the Pelican Bay Services District Ordinance. (Commissioner Carter) E. Discussion regarding wastewater connections in the Regional Water-Sewer District. (Commissioner Commissioner Henning.) North County Carter and 4 March 13, 2001 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 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 DUE TO ITS SIZE~ THE BACKUP MATERIAL FOR THIS ITEM MAY BE VIEWED IN THE BCC OFFICE, 3"~ FLOOR~ HARMON TURNER BUILDING. Growth Management Plan Amendments(s) Adoption Cycle, CP-2000-3, CP-2000-4, CP-2000-5, CP-2000-7 and CP 2000- 11. An ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the Unincorporated Area of Collier County, Florida by: Amending the future land use element and the future land use map and map series; amending the Golden Gate area master plan element and the Golden Gate area master plan future land use map and map series; and providing for severability; and providing for an effective date. B. ZONING AMENDMENTS C. OTHER 1. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27, 2001 BCC MEETING. Adoption of consolidated impact fee ordinance. Recommendation that the Board of County Commissioners receive public input on selecting a non-profit organization to be designated as an eligible entity for receipt of community service' block grant funds and approve a resolution supporting the Immokalee Multicultural Multipurpose Community Action Agency, ~ Inc. efforts to be designated by the Governor of Florida as the eligible entity to serve Collier County. 13. BOARD OF ZONING APPEALS 5 March 13, 2001 A. ADVERTISED PUBLIC HEARINGS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition V- 2000-33, Freedom Screening Corporation, representing Curtis Chandler, requesting a 2-foot variance from the required 10 foot rear yard setback for accessory structures to 8 feet for property located at 225 Bayfront Drive, further described as Lot 18, Bayfront Gardens, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU- 2000-20, Jeff L. Davidson of Davidson Engineering,-Inc. representing B.C. Excavating of Naples, Inc., requesting a conditional use for earth mining activity on a parcel of land zoned "A" Agricultural for a property located on the east side of Friendship Lane approximately ¼ mile north of Immokalee Road in Section 24, Township 47 South, Range 27 East, Collier County, Florida. This parcel consists of approximately 4.4 acres. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU- 2000-16, Jeff L. Davidson of Davidson Engineering, Inc. representing Jesse Hardy, requesting a conditional use for earth mining activity on a parcel of land zoned "A" Agricultural for a property located in the "Hole-In-The-Donut" within the southern Golden Gate Estates, more specifically the site is located about two miles south of Interstate 1-75 and one and one quarter mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East,, Collier County, Florida. This site consists of 160 acres. THIS ITEM IS CONTINUED INDEFINITELY. Petition PUD-92-08(1) Bryan Milk of RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, increasing the industrial land use from 67.4 acres to 86.3 acres, and changing the property ownership, for property located northeast of and adjacent to the intersection 1-75 6 March 13, 2001 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Request to approve for recording the final plat of "Waterways of Naples, Unit Seven", 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 "Jubilation" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. Petition VAC 00-025 to vacate, renounce and disclaim easements recorded in separate instru*ments in the Public Records of Collier County, Florida, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase Two-A". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase Two-B". March 13, 2001 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase One." Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand Replat 1-A". 8. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Candlewood Three". 9. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Marker Lake Villas". 10. The Board of County Commissioners approve a Budget Amendment to the Urban Improvement Grants Account due to non-receipt of anticipated grant monies. 11. The Board of County Commissioners approve a Budget Amendment to the Urban Improvement Grants Account due to non-receipt of anticipated grant monies. B. TRANSPORTATION SERVICES Approve a contract with Mitigation Credit Sales Mitigation Banks as Iow bidder for the Livingston Road Project Wetland Impacts, Collier County Project No. 60071. Approve committee selection of firms for contract negotiations for Construction Engineering Inspections Services for various capital improvement roadway projects in Collier County. C. PUBLIC UTILITIES 1. Approve the wellfield agreement between Albertson's Inc and Collier County Water-Sewer District, Project No. 74039. 2. Approve the sole-source purchase and installation of additional landfill odor monitors and an associated Budget Amendment. Approve a Resolution to authorize the Public Utilities Administrator to eXecute a utility work agreement with the Florida Department of Tlansportation for work associated with U.S. 41. D. PUBLIC SERVICES 1. Approval of an agreement with performers for the Country Jam Concert. 8 March 13, 2001 E. SUPPORT SERVICES Approve payment of Collier County's Pro-Rata Share of the repair costs to the East Naples Fire Control District's Station #21 (East Trail). 2. Approval of a Lease Agreement between Collier County and Florida Department of Agriculture and Consumer Services. Approval of an agreement to terminate lease between .Collier County and Primesite Consulting Group, Inc., and Florida Rock and Sand Company, Inc. Authorization of Work Order VL-00-06 under the County's Annual Architectural Contracts for Victor J. Latavish, AIA to design a Sheriff's Substation at the Golden Gate Government Center Complex, Project No. 80535. 5. Approve expenditure of over $25,000.00 for purchases based on quotes on Bid #99-2958 - Sprinkler Parts and Related Items. 6. Approve expenditure of over $25,000.00 to Aaction Mulch of SW Florida Inc., for the purchase of mulch. Approval to award Bid #00-3175 to Advanced Air Refrigeration Inc., and Conditioned Air, Inc., as primary, and Modern Air Conditioning as secondary for the purchase, repair, maintenance and installation of air-conditioning equipment. F. EMERGENCY SERVICES Recognize revenue and appropriate the monetary portion of the National Association of Emergency Medical'Technicians "Provider of the Year Award". G. COUNTY MANAGER Approval of Budget Amendment Report - Budget Amendment #01- 184; #01-197. H. AIRPORT AUTHORITY I. BOARD OF'COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to . sign Satisfaction of Lien for Services of the Public Defender for 9 March 13, 2001 Case Nos.: 91-3678-MMA, and 91-3679-MMA and 89-2152-CFA, RECOMMEND APPROVAL. 2. Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1. Approval of a Sheriff's Office United States Department of Justice COPS More 2001 Technology/Equipment Grant Application. L. COUNTY ATTORNEY 1. Authorize application for tax deeds for 523 County-Held Tax Certificates and authorize notice to proceed to the Tax Collector. 2. Approve the agreed order awarding expert fees relative to the easement acquisition of parcel 107-T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041). 3. Approve the agreed order awarding expert fees relative to the easement acquisition of parcels 41-T and 13-45 in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road, Project No. 65041). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE. ITEM. A. Petition PE-2000-5, Tom Masters, P.E., Director of Engineering, Vineyards Development Corporation, requesting a parking exemption for a shared parking agreement between Vineyards Development and the Lutgert Companies, on Outparcel 6 of the Crossroads Shopping Center in the Vineyards, located on the West side of Vineyards Boulevard. I0 March 13, 2001 Petition CU-2000-17, Herb Ressing Voicestream Wireless representing Big Corkscrew Island Fire Control District requesting a conditional use for communications tower on a parcel of land zoned "E" Estates for a property located on the Southside of Immokalee Road, just West of Randall Boulevard. This parcel cor, sists of approximately 2.5 acres and contains the Big Corkscrew Island Fire Control District Fire Station. Petition VAC 00-021 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 15' wide drainage easement in Tracts 4 and 5, according to the plat of "Wiggins Bay Phase I' as recorded in Plat Book 13, Pages 89 through 90, Public Records of Collier County, Florida located in Section 16, Township 48 South, Range 25 East. D. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27 MEETING. Recommendation to accept a settlement proposal in the Case of Walden Oaks of Naples Homeowners Association, Inc., et al., vs Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA. E. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 13 MEETING. Petition PUD-00-16, Robert Duane of Hole Montes & Associates, representing Ralph Aberica, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Collier Boulevard mixed use commerce center PUD allowing for residential, commercial. retail and office land uses for property located on the northwest quadrant of the intersection of 1-75 and Collier Boulevard (C.R. 951), in Section 34, Township 49 South, Range 26 East, Collier County, Florida: An Ordinance amending the future land use element of ordinance 89-05, as amended, the Collier County Growth Management Plan, for the unincorporated area of Collier County, Florida, by correcting scrivener's errors on the Future Land Use Map; providing for severability; and providing an effective date. 18. ADJOURN INQUIRIES' CONCERNING CHANGES TO THE BOARD'S AGENDA sHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 March 13, 2001 AGENDA GHANGEe BOARD, OF COUNTY COMMISSIONERS' MEETiN(-T March 13, 2{)01 .ADD: Item 1OF: - Discussion of Florida First Resolution. (Commissioner Carter request.}- ADD: Itpm lOG;. Board approval to waive dumping fees for Naples Manor Community clean and Sweep Up Day on Saturday, April 21, 2001 from 9:00 a.m. to 12:00 p.m. (Commissioner Fiala request.) i Ds.D!. It_el~l 10H: Approval for Public Informalion to design flyers for trlDutlon to residents of Naples Manor for clean-up effort and a Town Hall Meeting scheduled for Thursday, March 29 at 7:00 p.m. at Lely High School Cafeteria. (Commissioner Fiala request.) C INU · 16 A 2 TO 7,, C MEETIN : Request to approve for recording the final plat of Jublilation", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of Ihs Performance Security. (Staff request.) MOVE.; ~TEM 16(A)7 to 8(A)3- Request to grant final acceptance of the roadway, drainage, water and sewer im rovemen ,, ....... P ts for the final plat of ~'e,can utrand Rapist 1-A". (Commissioner Flala request.) ADD: Item 16(D}2; Approval of a travel request for two members of the Collier County Community Health Care Planning and Finance Committee t attend the "Project Access" community event. (Staff request.) o PROCLA/AA T£ON i~VHEREA$, WHEREAS, 14/HEREA$, WHEREAS, WHEREAS, the Collier Coun~, Loon Consort/om and the Un/vers/~y Extension Service. o deportment of the Public Services Division of Collier County. hove entered into o public/private partnership; and. the m/ss/on of the Loon Consortium is to help very Iow, tow and moderate income families achieve home ownership; and. through the Board of County Commissioners support, Un/versi~/ E>ctension teaches Home Buyers educoHon and prepares families for the home buyin9 process; and. more than 3§0/nd/v/duds and families hove received home loans through the loan consortium program; and, home by providin9 roots fop force; and, eigh iA/l/ion Dollars NOW of the member for fop CO/A/AI$SIONER$ FLOR£DA ATTEST: ,TA/AE$ D. CARTER, Ph. b., CHA£R/AAN ehbcK, cre K PROCLAtAA TZON WHEREAS, the Naples Alliance for Children, in conJunction with Child Cor~ of Southwest Florida, the Collier County Readiness Coo/it/on, the P/oWda State and other o~anizat/on$ state-wide, a~ celebrat/n9 Children ~ Day, ~0, ~1; ~VHEREA$, the r~sea~ch on brain development indicates that stimulating and nurturing environments during a child'~ first five years of life are critical to long term development and school read£ness; and, ~/HEREA$, by coiling attention to the importance of high quah'ty early childhood education and care p~ograms for all children and families within Collier County, FIoWda, these groups hope to improve the quality and avai/ab#ity of such services: and, ~VHEREA$, WHEREAS, the ability of Florida's parents to continue working i$ tied irrevocably to their ability to find and obtain quality affordable child core; and, fora/lies Pecdving childhood parents to of h~h quah'ty eaHy to begin school and for WHEREAs, V/HEREA$, NOW young and the and be ear/), of Collier and ur~es ail citizens to programs and to actively suppor~ throughout our community. childhood educational programs for children DONE AND ORDERED THIS 13th Day of t~arch 200I. BOARD OF COUNTY COt~I~I$$IONER$ COLLIER COUNTY, FLORIDA ATTEST: ,TAA4E$ D. CARTER, Ph. b., CHAIR/dAN AGENDA I T.~EM HAR 13 2001 · DWIGHT E. BROCK, CLERK £ROCLAtAA TION WHEREAS. county government/s a complex and multifaceted process which a££ects the lives o£ all res/dents o£ Collier County; and, WHERE,~S. an increased know/edge of how various aspects of county 9overnment work can enhance an /nd/ddua/'s qua//~y of #re in Co#/er County; and, WHEREAS, it is desirable for all county residents to be knowledgeable of the county's government and how it works; and, WHEREAS. the League of Fl/omen Voters of Collier County, Collier Counly 4-H, and the Collier County Pub/lc Schools have co-sponsored the/(now Your County 6overnment Teen Citizenship program for 2R years. NOW THEREFORE, be it proc/aimed by the Board of County Commissioners of Collier Counly, F/or/do, tAa f ~he week of A~a~ch I1 - 17, 2001 be dedgnoted as THE 22 .d ANNIVERSARY OF THE KNOW YOUR COUNTY ~OVERN~ENT ~4/E-F'K DONE AND OI~DERED THIS 13th Day of A~arch 2001, $OARD Of COUN~rOtA/A-rSSIONERS MAR 13 001 ATTEST: DHIIGf-O' E. BROCK, CLERK To: Memorandum Judi Bodine, Executive Secretary From: Date: Subject: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Director Solid Waste Management Department 3/7/01 Back Up Memo for Promotional Free Garbage Pick up Award Solid Waste Management Department (SWMD) is aggressively pursuing much higher rates of Waste Reduction and Recycling. This process includes promotional projects for participation in our recycling and better customer service efforts Solid Waste Management Department set up and manned a display at the Collier County Fair this year. Many of our customers had a chance to stop by and see the display. During the fair those who stopped by were asked to complete a survey about the services that Solid Waste provides. These surveys are very important for us to do better and understand our customer needs. They tell us what the customers would like in the future and also how we're doing now. For all of those who completed a survey, the County in conjunction with Waste Management Inc. of Collier County, offered two free subscriptions to the annual Solid Waste Collection and Disposal program for FY 2001/2002. Solid Waste Management Department EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.779, "PATTERSON LAKE COMMERCIAL EXCAVATION" LOCATED IN SECTION 29, TOWNSHIP 47 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH 70TH AVENUE N.E. RIGHT-OF-WAY, ON THE SOUTH BY VACANT LOT RIGHT-OF -WAY, ON THE WEST BY VACANT LOT, AND ON THE EAST BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.779 for Patterson Lake Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 25,599 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $4,894.00 The breakdown is as follows: a) Excavation Review Fee- b) Excavation Permit Fee - c) Road Impact Fee- $850.00 $140.00 $3,904.00' *This amount is only an estimate and is based on an assumed haul length of 8 miles and a duration of two years. Final Road Impact Fee will be computed by Transportation' Division prior to 'excavation permit issuance. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORICIARCHAEOLOGICALIMPACT: None EAC RECOMMENDATIONS: No F. AC 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. 59.779 for Patterson Lake Commercial Excavation with the following stipulations: -- The excavation shall be limited to a bottom elevation of 12' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 8'below the dry season water table. 2. Off-site removal of material shall be limited to 25,599 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. All provisions of Collier County Ordinance No. 91-102, as amended, Division 3.5 shall be adhered to Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed arOund the entire perimeter of the stockpile area. 10.Any stockpile in place for a period exceeding 60 days shall be seeded and ~~,ar~d.._ erosion control devices installed. . ' i AGENDA ITF__..M PAGE 2 ' ' I MAR 13 2001 11. Operation shall be limited to one year, with provision for a 1-year extension. ST E p H.E i~V~A~ SENIOR ENGINEER REVIEWED BY: DATE :>! HOMAS E. KUCK, P.E. DATE E I~[~INEERING REVIEW MANAGER :O S E~I~-J. 'M U LI:I E RE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOHN,M. DUNNUCK, III INTERIM ADMINISTRATOR DATE . ': ~£ ! DATE PAGE 3 I~AR 13 2001 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT~PLICATIONS LN'VOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project developmcmt: o Haul mutes between an excavation site and 'an arterial wad shall be private with property owner(s) approval or be a public collector road buff! to standards applicable to handle the resulting track traffic. Where residential areas front collector roads, appropriate mm 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 m~t~,~ial should such removal crime a hazardous mad coudilion or subsumfially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissione~. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriam fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.$ and Right-of-Way Ordinance No. 93-64. Oil'-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 dete,,,ine the effects that off-site removal of excavated material will have on the road system within the excavation project's :'one 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 Admini~-hation reserves the right to establish emergemy wei~ limits on public roadways affected by the off-site removal of excavated matefi~ the procedure for establishment of weight limits shall bc the presentation of In applicable resolution before the Bored of County Commissioners. Should weight limits b~ iilstitlRed, the perm/ttee shall be respon~le to implement measures to assm'e that ail hzsvy truck loadings leaving the perm/t's property conform to the applicable weight restriction. The Excavation Perfommncey Gu/,,,,~ze shall apply to excavation operatioas m~i also the ~ .of public roa~ in accordance with amem ordinances ~ ~pp~ tDSnnlT "B" !3 2001 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. ;hould a blasting permit applicar/on be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. Do The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Sendces 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 - 1'02 as amended. Reference to letter of 5/24/88 Revised I113198 6Z: 'l~'S A C-~F_.N.{) A EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.778, "MCDANIEL LAKE COMMERCIAL EXCAVATION" LOCATED IN SECTIONS 20, 21, 28, 29, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY VACANT LOT, ON THE SOUTH BY RANDALL BLVD. RIGHT-OF-WAY, ON THE WEST BY OCCUPIED LOT, AND ON THE EAST BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.778 for McDaniel Lake Commercial Excavation in accordance with County Ordinance No, 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 32,090 C.Y. to be hauled off-site FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $5910.00 The breakdown is as follows: a) Excavation Review Fee- b) Excavation Permit Fee - c) Road Impact Fee- $85000 $160.00 $4900.00' *This amount is only an estimate and is based on ar~ assumed haut length of 8 miles and a duration of two years. Final Road Impact Fee will be computed by Transportation Division prior to excavation permit issuance. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORIC/ARCHAEOLOGICAL IMPACT: None EAC RECOMMENDATIONS: No EAC public hearing was required because of thc size of [he 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. 59.778 for McDaniei Lake Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 12' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below the dry season water table. Off-site removal of material shall be limited to 32,090 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24t88 (copy attached) 3, The lake littoral zone shall be created and planted as indicated on the Plan of Record tn order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. All provisions of Collier County Ordinance No. 91-102, as amended, Division 3.5 shall be adhered to Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10.Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. 11 · Operation shall be limited to one year, with provision for a 1-year extension. PREPARED BYy~,~.-~' ,//' ~~L; ~.~ ~-"~ SENIOR ENGINEER DATE~ REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOHN!M. DUNNUCK, III INTERIM ADMINISTRATOR DATE COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION' PERMIT APPLICATIONS ~NVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during aL! stages of project development: Haul mutes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector mad built to standards applicable to handle the resulting truck traffic. Where residential are~ fi'ont 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 T~nsportation 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 Admini~ixation 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. 93-6'¢. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A tra~c 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. Thc Tranapotl~on Services AdminisWafion reaerves the right to establish emerggm7 weigtxt 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 Commiasionera. Should weight limita be imtitm~ the permitte~ shall be respo~le tn implement measures tn assm~ that all hmvy tru~ loadings leaving the permit's property conform to the applicable weight restriction. m,~a~:~,/~ir of public rtm~ in accordance with current o~ amx ~1~ C 7. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be approprinte. 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. Control of siz~depth/number of charges per blast by the Development Services Director. The fight of the County to suspend and/or revoke blasting permit a~hority 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 Trmasportation 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. Refere'm:e to letter of 5/24/88 Revised 1/13/98 EXECUTIVE SUMMARY BOARD AUTHORIZATION TO PREPARE AND ADVERTISE AN ORDINANCE REAUTHORIZE AND EXTEND THE ADDITIONAL FIVE CENT LOCAL OPTI.ON FUEL TAX. TO OBJECTIVE: To obtain Board direction to: (1) draft and advertise an Ordinance for the reimposifion and extension of the Five Cent Local Option Fuel Tax as provided for in Section 336.025(1)(b), Florida Statutes; and (2) approve a term for the reimposition of this tax. CONSIDERATIONS: Section 336.025, Florida Statutes, authorizes the Co'unty to levy a Five Cent Local Option Fuel Tax. The Board of County Commissioners adopted Ordinance No. 93-48 on August 3, 1993, pursuant to Section 336.025(1)(b) Flor/da Statutes, providing for the imposition of the additional Five Cent Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes. The levy of the Five Cent Local .Option Fuel Tax will otherwise expire on August 31, 2003, pursuant to State Statutes. Section 336.025(1)(b), Florida Statutes, provides that levies of the additional Five Cent Local Option Fuel Tax may be reimposed effective September 1st of the year of expiration. Upon expiration, the tax may be relevied. The tax may be extended and reimposed by an ordinance adopted by a super majority vote of the Board of County Commissioners. The statutory limit for the Five Cent Local Option Fuel Tax is a term of thirty years. Ordinance 93-48 utilized only fen ('10) of the allotted 30 years, leaving an available renewal period of twenty (20) years. Collier County has adopted a Five-Year Capital Improvement Road Program to undertake needed County road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report (AUIR) are predicated on gas tax revenues, including the additional Five Cent Local Option Fuel Tax, being available to continue current and planned road improvements. Delays in undertaking specific roadway improvements due fo insufficient gas fax revenues will result in increased road construction expenditures and result in a decrease in the level of service on County roadways. FISCAL IMPACT: The additional Five Cent Local Option Fuel Tax is expected to generate $88,000,000.00 in needed funds for transportation improvements and will fund twenty percent (20%) or one-fifth (1/5) of the projected shortfall in MAR 1 3 2001 / transportation needs, with funds being allocated to road construction efforts accounted for in the gas tax supported Roads ClP FUnd (313). GROWTH MANAGEMENT IMPACT: The additional Five Cent Local Option Fuel Tax is a principal revenue source of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners direct staff fo: (1) prepare and advertise an Ordinance for the reimposifion and extension of the additional Five Cent Local Option Fuel Tax with an expiration date of August 31,2023. DATE?,,~/~. ~ .,' Ad~ninistration ' Reviewed by: /~0-c-~u~ Jc~c~que~l~ne Hubl~ard Robinson Ass'fstant County Attorney RESO£U~ON NO. 20m - RESOLUTION PROVIDING NOTICE OF INTENT TO REIMPOSE THE ADDITIONAL FIVE CENT LOCAL OPTION GAS TAX PURSUANT TO SECTION 336.025(1)(b), .FLORIDA STATUTES. AND PROVIDING FOR INSTRUCTIONS TO STAFF TO PREPARE AN ORDINANCE.. WHEREAS, Section 336.025(1 } lb), ~ authorizes the County to levy an additional Five Cent Local Option Gas Tax by ordinance adopted by a majority plus one vote of the membership of the governing body of the County; and WHEREAS, Collier County imposed this additional Five Cent Local Option Gas Tax on JanUary 1, 1994 in Ordinance Number 93 - 48, and said tax, unless renewed and reauthorized, shall expire on December 31,'2003; and WHEREAS, the additional Five C,ent Local Option Gas Tax may be reimposed effective September 1 st of the year of expirafiod; and WHEREAS, Collier County intends to reimp°se and reauthorize the additional Five Cent Local Option Gas Tax by ordinance adopted by a majority plus one vote of the membership of the governing body of the County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: it is the intent of this Board to reimpose and reauthorize the imposition of the additional Five Cent Local Option Gas Tax to be effective JanUary I, 2004 for an additional period of Twenty (20) years, until terminated, changed or amended bY the Board of County Commissioners; and' BE IT FURTHER RESOLVED, that: Collier County staff is instructed to prepare the necessary ordinance for the reimposition and reauthorizaflon of the additionaI Five Cent Local Option Gas Tax for presentation to the 'Board of County Commissioners at the next available regularly scheduled Board meeting after duly noticing and advertising the proposed ordinance. This resolution, adopted after Motion, Second, and roll call follo, ws: Commissioner James D. Carter, Ph.D., Chairman, Dishict #2: Commissioner Pamela S. Mac'Kie, Vice-Chairwoman, District #4: Commissioner Jim Collefta, District #5: commissioner Donna Fiala, District # 1: Commissioner Tom Henning, District #3: _ ClS PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of j 2001. NAR 1 3 200l J ATI'EST: DWIGHT E. BROCK, CLERK BY: Approved. as to form and Legal sufficiency: . ~Lssistan, County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY., FLORIDA BY: James D. Carter, Ph.D., Chairman EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH THE POLICE ACTIVITIES LEAGUE TO UTILIZE COUNTY PROPERTY FOR ALL TERRAIN VEHICLES. OBJECTIVE: That the Board of County Commissioners provide a safe location to teach and provide recreational opportunities for youth in the community. CONSIDERATIONS: Under Board of County Commissioner items at the August 1, 2000 meeting, the Police Activities League (PAL) requested that the Board of County Commissioners grant permission to utilize the 300-acre County property adjacent to the existing landfill as an ATV park until a final determination is made with respect to how the County will utilize this property. The Board of County. Commissioners directed staffto draft a lease agreement and bring it back for the Board's consideration. This program will provide area families and youth an opportunity to ride ATV's in a safe controlled environment while educating them on driver safety. Over the past several years there has been a concern in the Golden Gate Estates about youth riding ATV's along heavily traveled roadways and the dangers that it presents. The lease agreement allows the Police Activities League to use the property from 10:00 AM- 4:00 PM on Saturdays and Sundays, and for special events if granted by the County. PAL is also required to provide a plan for staffs approval that provides property access, the proposed trails, maintenance and a noise plan that satisfies the Ordinance~. Additionally PAL is required to obtain all applicable permits with respect to the environment and meet standards that address the rural fringe assessment. There are jurisdictional wetlands and areas of critical habitat on site. While this property is within the boundaries of the moratorium, it is staffs interpretation that ATV / motorcycles are a permitted use. A termination clause is also included as part of this agreement. Should the County determine that this program is no longer viable or should the Board decide to utilize the property for a different use such as a Waste-to-Energy facility, the Board may terminate this lease agreement with or without cause within sixty (60) days. GROWTH MANAGEMENT: This property is included in the Florida's Department of Committee Assistance's (DCA) moratorium in Collier County; however, this use is permitted as a recreational use. FISCAL IMPACT: There is relatively no fiscal impact. The PAL is required to lease the property for ten ($10) dollars. Any improvements to said property is the responsibility of PAL. RECOMMENDATION: That the Board of Count>, Commissioners authorize Chairman to sign this agreement. PREPARED BY: DATE: Community Development & Administrator ~ Code Enforcement will work wi~ P~. the AGENDA ITEM No. -- MAR' 1 3 2001 LEASE AGREEMENT Lease # THIS LEASE AGREEMENT entered into this day of ,2001, between Naples Police Activity League, Inc., a non-profit Florida corporation, whose mailing address is 4900 Biscayne Drive, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises," situated in Collier County, Florida, for the purpose of conducting activities for a youth all terrain vehicle (ATV) club. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on the date whereby the LESSOR executes this Lease and ending two (2) years therefrom. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease, to renew same for one (1) additional term of two (2) years, under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by delivering written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created Said notice shall be effective upon actual receipt by the County. LESSOR, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to'LESSEE at the address set forth in ARTICLE 13 of this Lease Said .notice shall be effective upon actual receipt by LESSEE. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any public authority having jurisdiction over the Leased Premises. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars ($10.00) per annum to be paid ten (10) days from the date of LESSOR'S execution of this Lease and upon the anniversary date thereof, and is to be paid in full for the appropriate term of the Lease. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all costs associated with operating at the Demised Premises including and not limited to, general maintenace and all utility charges. Utility charges shall include and not be limited to electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication services, used, rendered or supplied thereupon or in 'connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. ARTICLE 5. Modifications to Demised Premises must provide to LESSOR all proposals and plans for alterations, improvements, changes or additio Demised Premises for LESSOR'S written approval, specifying in writing and in meaningful detail, ti and extent of the desired alteration, improvement, change, or addition, along with the contemplate( and completion time for such project. LESSOR or its designee will then have thirty (30) days within Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE ts' ~o tnO~GENDA ITEM e natull~· starting .~' / vh c tJ R 1:3 2001 Po. approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies. LESSOR reserves the right to require LESSEE to remove improvements given a thirty (30) written notice. ARTICLE 6. Access to Demised Premises LESSEE shall be granted use of the Demised Premises on Saturdays and Sundays between the hours of 10:00 a.m to 4:00 p.m. If LESSEE elects to, or If LESSOR should required LESSEE to install a gate at the Demised Premises, LESSEE shall be solely responsible for the cost of installing same as well as securing same at points of entry to the Demised Premises. LESSEE may be granted access to demised property for special events given formal written permission by LESSOR. Requests for special events must be submitted to the LESSOR in writing sixty (60) days prior to the event. LESSOR has thirty (30) days to submit an answer in writing. LESSEE, will provide property access, trail, and noise plan and receive written approval of said plans by the LESSOR before property may be accessed. Once approved, the LESSEE, its members, agents or contractors, shall be permitted to utilize said access to demised premises. If LESSEE elects to, or if LESSOR should require LESSEE to install a gate at the Demised Premises, LESSEE shall be solely responsible for the cost of installing same as well as securing same at points on entry to the Demised Premises. The property may be accessed at other times during hours be the LESSEE for maintenance, improvements and security. The Police Athletic League designee will supervise this activity. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or .permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligatign to keep and be bound by the termi, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed'to be a waiver of any of the provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements both at trial and all appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatso,ever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. by other persons in the Demised Premises, or from the street or sub-surface, or from any other ph any interference caused by operations by or for a governmental authority in construction of any quasi-public works or otherwise. LESSOR shall not be liable for any injury or damage to person or property caused by the elements or ;,cr, cn f~I~GENDA ITEM )ublic MAR 1 3 001 LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(les), approved in writing by the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) per each accident. Such insurance policy(les) shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Florida, 34112, with a copy to the Collier County Risk Management Department at the same address for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to the Real Property Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Florida, 34112, with a copy to the Collier County Risk Management Department at the same address, in the event of cancellation or changes in policy(les) coverage. LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt 'of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times if said Demised premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers, approved by the LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its option, terminate this Lease by giving LESSEE, thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence c; any of the following events shall constitute a default by LESSEE, and this Lease may be immediately termu,ated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOK pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f') If LESSEE suffers this Lease to be taken under any writ of execution AGENDA ITEM NO. MAR_i 3 2001 In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. LESSOR ma;, at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing ifa lien is filed against the leasehold interest of the LESSEE and is not removed within thirty (30) days pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful details specifying wherein LESSOR has failed to perform any such obligation(s). ARTICLE 13 Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses; LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Naples Police Activity League, Inc. 4900 Biscayne Drive Naples, Florida 34112 cc: Office of the County Attorney Director, Solid Waste Department ARTICLE 14. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of. the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. AGENDA ITEM MAR 1 3 2001 (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. (d) LESSEE shall be responsible for applying for, and all costs associated with, obtaining all permits, conditional use or otherwise, from all appropriate governmental authorities. (e) If so directed by LESSOR, LESSEE shall reroute LESSEE'S trails at the Demised Premises if any such trail should interfere with LESSOR'S current use or future use at the Demised Premises, or if LESSEE'S use at the Demised Premises should impact any environmentally sensitive land, and a reroute of the trail will lessen the impact. (f) The sale or consumption of alcoholic beverages shall be prohibited on the Demised Premises. (g) (h) LESSEE shall adhere to all Federal, State and local laws, regulations and/or ordinances concerning sound and noise levels generated by LESSEE'S operations at the Demised Premises. LESSOR shall not be obligated or required to improve, repair or maintain the Demised Premises or any part thereof in any manner whatsoever. LESSEE accepts the Demised Premises "as is" and LESSEE'S use of the Demised Premises is to be used at no cost or expense to LESSOR. ARTICLE 16 Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees and all appeals) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment. LESSEE represents and warrants to LESSOR that no hazardous material will be discharged to the air, grounds, sewer, to a septic system or otherwise on or to the Demised Premises. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Security at the Demised Premises LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. ARTICLE 19 Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21 Governing Law This Lease shall be governed by, and construed in accordance with, the laws of the State of Fie 5 AGENDA ITEM NO. ~ida'MgR 1 3 2-001 .g. New Proposed Budget Policies for FY 02 Budget Schedule Decisions Required Establish public heating dates* Establish Budget submission dates for the Sheriff, the Clerk of Courts, and the Supervisor of Elections. Staff Recommended Date(s) September 6, 2001 (Thursday) September 19, 2001 (Wednesday) June 1,2001 *The School Board final budget hearing is scheduled for September 18, 2001. Salary Administration Provide a cost of living adjustment equivalent to the percentage change in the Consumer Price Index (CPI) identified for all urban consumers in the Miami/Ft. Lauderdale SMSA as of December 2000. Provide funding for: (1) salary i=djustments for job classifications identified in the annual salary survey to ensure market competitiveness, and (2) salary adjustments to address internal equity issues identified by David M. Griffith/Maximus. AGENDA I~M! No._ ~ ~ ~IAR 1 3 2001 Existing County Budget Policies for FY 02 Budget Development and Presentation Format Policies Financial Management/Financial Budget Development OMB staff will prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial plannit g and to understand the long- term impact of funding decisions made in FY 02. Budget Presentation Format · Budget presentations will be in a summary format, at the fund level. Discussion will focus on major increases in both budgeted revenues and expenditures at the fund level. · Funds where the Board has limited policy-making roles (debt service, single purpose taxing districts, trust funds) will be aggregated and presented at a macro level. Salary Administration · Salary and Benefit Policies Implement the second year of the pay plan adjustments developed by Arthur Andersen and approved by the Board in FY 01. Continuation of the merit pay program at its current level to recognize and reward employee performance. Attrition Based on historical evidence, funds with 10 or more budgeted positions that have generated salary savings will utilize a 4% attr tion factor in developing the FY 02 budget. Exceptions would include EMS, Ochopee Fire, and the Tax Collector. AGENDA ITEM No. Pg. 3 Budget Policies Affecting Operating Budgets Seif-lnsurance To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, Group Health Insurance programs. Program funding to be based upon a confidence interval of 75%, with the exception of group health to which a confidence interval is not applicable. Grant Funded Positions · Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Reserves Operating funds may budget, at a minimum, a 5% reserve for contingency. A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. · The General Fund reserve for cash flow is $1,500,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract A~,encv Fundin~ · The Board of County Commissioners will not fund any non-mandated social service agencies. External Operating and Capital Project Funding Requests External operating and capital budget requests should only be considered within the framework c~f the budget process. The submission date for external budget requests will be April 25, 20;)1. · Requests for fundir~g received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. Sheriff's Funding The Sheriff acknowledges that his resources are distributed on a countywide basis. In addition, the Florida Supreme Court rulings support the concept that Sheriff's Office patrols provide a real and substantial benefit to municipal residents. Eighty percent (80%) of counties surveyed allocate all costs of the Sheriff's Office to the countywide General Fund. Based on the above information, staff recommends that the Sheriff's Office budget conl 'nu~ i.~NDA~ka allocated 100% to the countywide General Fund. No. g ~ 1 MAR 1 3 2001 Streetscape Master Plan Construction and Maintenance Funding (Construction) · County Wide Improvements - Identify Transportation Network Gateway Intersections and consider funding, in priority funding order, from Constitutional Gas Tax Fund (313). · Regional Improvements - Identify Transportation Network Major Arterial Roadways and consider funding from the Unincorporated Area General Fund MSTD (111). · Local Improvements - Identify Local Collector/Arterials and consider funding construction and maintenance via local Municipal Service Taxing Benefit Units, MSTBU's. (Maintenance) · Recognizing Unincorporated Area General Fund MSTD (111) appropriate, dedicated funding source for median beautification maintenance costs. BCC Fee Waiver Policy The Board of County Commissioners (Board) will consider requests for waiver of fees on a case-by-case basis limited to fees established for the following: temporary use and special event permits; right-of-way permits; land use petition applications; site development and site improvement plan applications; and fees for the limited use of County-owned property and facilities. On an annual basis, funds will be appropriated from General Fund reserves (001) to cover the cost of such fee waivers. The Board may grant a waiver of these fees 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. Requests for waiver of fees made by non-profit organizations and not-for-profit corporations for events previously granted a fee waiver would be placed on the Board's Consent Agenda. Revenue Policies Carryforward · All revenues, which are reasonably expected to be unexpended and unencumbered at the end of the fiscal year, will be appropriated as carryforward revenue in the following year. · In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash AGEND. D_~ IT, FJVI NO. ~ ~"~! J MAR 1 3 2001 Pg. ~ .. Indirect Cost Allocation Plan The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 02. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. Enterprise Fund Payment in Lieu of Taxes The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gr~- g value of property, plant, and equipment. Proposed Uses of Gas Taxes · Gas taxes will be used to support debt service, the Roads Construction CIP, and Road and Bridge maintenance operations. · The FY 02 Road and Bridge operating budget shall include $3,000,000 in gas tax revenue as a funding source. Debt Administration Policies Debt Service · Any capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Not all capital projects may be funded on a cash basis. The electorate may be asked through referendum to approve the borrowing of funds for the projects and the levy of ad valorem taxes to pay the resulting debt service. The defeat of a referendum on any or all of the projects will result in a lowering of the Level of Service Standard for related facilities. The following polic3 regarding the issuance of debt was adopted in the Growth Management Plan. Collier County will not exceed a maximum ratio of total general government debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitations on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of restraint. Current bondable revenues are ad valorem taxes and state-shared revenues, specifically gas taxes and the half-cent sales tax. Interim Financing Collier County may also borrow funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce fut:Jre del~G['ND,~ I~EM~ service payments. No... ~,~[5~/. MAR 1 3 2001 Budget Policies Affecting Capital Projects Ad Valorem Capital Fundin~ Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. Maximization of Impact Fees · Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Capital Improvement Program (CIP) Policies On an annual basis, the County shall prepare and adopt a five-year Capital Improvement Element (CIE) consistent with the requirements of the Growth Management Plan. The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. · Capital projects attributable to growth will be funded, to the extent possible, by impact fees. Capital projects identified in the 5 Year CIE will be given priority for funding. The five-year plan for water and wastewater CIE projects will be based on projects included in the adopted master plans. · Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. · The respective departments during the budget process will identify annual operating expenses associated with capital projects. Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. Capital Maintenance On an annual basis, there is funding requested for the replacement/maintenance of major building components such as roofs, air conditioning units, exterior painting, chiller plants, etc. Funding for these components may vary widely from year to year based on the useful life of the various components. Recommendation: noted above. This is a standard business practice and will also eliminate majo~ capital maintenance/replacement from year to year. Establish a sinking fund for the eventual replacement of the building components No. Three-Year Budget Projections Ad Valorem Tax Funds (FY 02 - FY 04) The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund (111). General Fund {001) Millage History As a point of reference, the following graph plots the historical General Fund millage rate, as well as the projected millage rates from FY 02 through FY 04, based on the assumptions in this analysis. Millage General Fund Millage History FY 94 - FY 04 4 3.9306~ 3.8.78~ 3.7718 3.6729 3.7241 3.6813 ~": 3.5999 3.5510 3.5028 3.4889 : ~i 3.5058 3,9- 3.8- 3.7- 3.6- 3.5- 3.4- 94 95 96 97 98 99 00 01 02 03 04 Fiscal Year AGEND{~,i~M NO ~[~ / MAR 1 3 2001 Millaee Rates Based on the assumptions used in this analysis, the FY 02 projected millage rates are as follows: Net Inc. (Dec.) per FY 01 Adopted FY 02 Projected $100,000 Fund Millage Rates Millage Rates Taxable Value General Fund 3.5028 3.7718 $26.90 MSTD General Fund 0.8425 0.8817 $ 3.92 Notes: *Projected millage rates assume 11% increase in taxable value in FY 02. Appraiser will provide preliminary taxable value estimates on June 1, 2001. Actual increases in County taxable value were as follows: Fiscal Year % Increase in Taxable Value FY 97 7.0% FY 98 8.0% FY 99 9.4% FY 00 14.5%. The Property Expense Assumptions · All services provided currently will be funded in FY 02. · Allocation for Merit Pay- 1.5% of Personal Services. · 4% attrition rate was assumed in the County Manager's Agency and the Sheriff's Office. · 3% increase in budgeted operating expenses/capital outlay. · A 5% reserve for contingency in all funds was assumed. · Capital projects funding equals 0.3333 mills annually. ($10,263,500 in FY 02 General Fund. · No operating impacts of a jail expansion during the period from FY 02 - FY 04. · Sheriff's Deputies formerly grant funded (includes vehicles) - $2,685,700. · Additional support of Road & Bridge operations- $1,178,500. · Operational costs of new Headquarters Library. - $1,004,000. · Additional support of capital projects - $930,300. · Corrections employees (Juvenile Assessment center) - $300,000. · Operating costs of new facilities (GGSO, GG service center, J Addition) - $129,400. · Andersen Pay Plan Study implementation (all Agencies with benefits) - $6,600,000. Revenue Assumptions · Ad valorem tax revenue forecast is 96.65% of actual taxes levied. · Sales tax revenue increases 8% annually. · State Revenue Sharing increases 2.5% annually. · Constitutional Officer turn backs were based on an average of historical receipts. · $3,000,000 in gas taxes allocated to Road and Bridge maintenance. AGENDA IJ No. IlAR 1 3 2001 p~. c~ Other Funds Impacting the General Fund Individual analyses of the Road and Bridge Fund, Sales Tax Refunding Debt Ser¢ice Fund, Guaranteed Entitlement Bonds Debt Service Fund, and the EMS Fund were undertaken to determine the relative impact on the General Fund. Road and Bridge Fund Due to the previous policy decision to reallocate gas taxes from road maintenance to road construction, Road and Bridge has a large impact on the General Fund. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. Due to available carryforward revenue in Road and Bridge, only $2,697,900 in General Fund support was required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes from road maintenance to road construction. However, due to decreased carryforward revenue, coupled with approved FY 97 expanded services, the General Fund support increased in FY 97 by almost $2.3 million. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support increased by $963,800. The trend was reversed as the Board allocated $1,000,000 in FY 99 and $2,000,000 in FY 00 in gas taxes for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As such it is recommended that the amount of gas taxes allocated to roadway maintenance remain at $3,000,000 annually. The historical and projected General Fund support required is as follows: 10000 9OOO 8000 7000 6000 5000 4000 3000 2000 1000 0 Sales Tax Required for Road and Bridge FY 95 - FY 04 8,752 7,424 6,056 2,698 4,984 5,912 5,736 95 96 97 98 99 yeOOar 01 02 Fiscal 03 04 AGENDA J,TEM NO.. MAR 1:3 Pg._ lO 2001 EMS Fund EMS is another fund that impacts significantly on the General Fund. In FY 96 the EMS rate structure was changed to increase ambulance fees to $302. A mileage component was added to EMS bills in FY 99. -In addition to inflationary cost increases, based on minimum response times as required in the Growth Management Plan one (1) additional EMS unit is proposed in FY 03. Historical and projected General Fund support of EMS operations by fiscal year is as follows: 12000 ~ 10000 ~ .~ 8000 ~. '- 6000 · ~ "" a00o 2000 0 General Fund Support of EMS FY 95 - FY 04 3,284 3,471 3,902 3,865 9,169 9,750 7,129 7,759 7,808 5,841 95 96 97 98 99 O0 01 02 03 04 Fiscal Year Sales Tax Refunding Bond Debt Service Due to savings generated by refunding sales tax bonds, annual debt service payments were reduced in both FY 95 and FY 96. As a result, the sales tax required for debt service for that 2-year period was reduced and was therefore available for use in the General Fund and in Road and Bridge operations. In FY 97 debt service payments increased substantially, thereby requiring more sales tax revenue. In FY 98 there was only a $64,600 increase and in FY 99 there was only a $10,600 increase in sales tax required for debt service. In FY 02 there is a slight increase in the required cash flow reserve, offset partially by a decrease in debt service payments. Due to an increase in carry forward revenue, there is a $377,700 decrease in required sales tax revenue. As such, the bulk of growth in projected sales tax revenue is available for use in the General Fund and, indirectly, Road and Bridge operations. However, as the gas taxes allocated to Road and Bridge is recommended at $3,000,000 annually, additional sales tax is required to fund Road and Bridge operations. As such, there is less sales tax revenue available in the General Fund. In FY 03 there is an increase in the cash flow reserve required to fund debt service in FY 0, $2,000,000 in additional debt service ($30 million construction financed for 30 years) asso, construction of a new office tower for Courts/Constitutional Officers on the main Collier C ano AGENDA Ii' iatedlq~i'th S ~'' / )unty t4AR 13 2OOl Government campus. This results in a net increase of $2,220,700 in sales tax required for debt service. In FY 04, the sales tax revenue required for debt services is slightly less than the FY 03 level due to a slight increase in carryforward revenue. The budgeted sales tax required for debt service annually is as follows: 6OOO 5O0O ,~ 4000 ~ .- 3000 ~ 2000 1000 Sales Tax Required for Debt Service FY 95 - FY 04 3,207 3,632 3,216 3,205 3,130 3,194 2,147 2,360 95 96 97 98 99 00 01 02 03 04 Fiscal Year Guaranteed Entitlement Debt Service There are only minor fluctuations in debt service requirements in the Guaranteed Entitlement Debt Service Fund (204). As a result, the amount of revenue sharing available in the General Fund is relatively stable. The final payment on this bond issue is due in FY 03. As a cash flow reserve is budgeted in this fund, no revenue sharing will be required for debt service in FY 03. Constitutional Officer Turn backs During the period from FY 93 through FY 98, actual turn back revenue from the Constitutional Officers has exceeded the forecast level by a range from $1.0 million to $1.6 million. The variance between the actual turn back and the budgeted turn back revenue is even greater. In FY 99 the variance was $.8 million and in FY 00 the variance was $.9 million due to staff taking a more aggressive approach in forecasting these revenues. Based on historical evidence, and in an effort to provide the most accurate picture of the projected ad valorem requirements, Constitutional Officer turn backs forecast in this analysis are based on an average of historical levels. (There is no projected turn back revenue from the Sheriff as a 4% ',attrition level was factored into the Sheriff's expense budget). AGEN ~D,), ~EI~,/_ No. ~ HAR 1 3 2001 Pg. / 7_..- Constitutional Officer Turnbacks FY 91 - FY 99 91 92 93 94 95 96 97 98 99 '00 Fiscal Year I · Budget · Forecast [3Actual I I I FY 03 The projected General Fund millage rate is 3.9306 or $393.06 per $100,000 of taxable value. This represents an increase of $15.88 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following items were included in the FY 03 budget analysis: · Sheriff's Deputies formerly grant funded - $957,500. · Increased General Fund support of EMS (including one additional EMS unit) - $1,361,300. · Increased General Fund support of Road and Bridge - $752,400. · Additional support of capital projects - $923,700. · Additional sales tax revenue required for debt service - $2,220,700. FY 04 The projected General Fund millage rate is 3.8781 or $387.81 per $100,000 of taxable value. This represents a decrease of $5.25 per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following items were included in the FY 04 budget analysis: · Sheriff's Deputies formerly grant funded - $787,600. · Increased General Fund support of EMS - $580,600. · Increased General Fund support of Road and Bridge - $575,200. . Additional support of capital projects - $895,000. · Operating costs of new facilities - $242,700. AGEN~.EM · Pg._ t 3 Summary and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. It is important to note that the model includes no non-mandated expanded services, including additional Sheriff's deputies. However, the analytical model also assumes that all services provided currently will be funded in FY 02 - FY 04. AGEND~A No. ,~J ~..~EM/ MAR 1 3 2001 Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analysis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. A 3% growth in cable television franchise fee revenues is assumed. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: FY 01 Adopted and Inc. (Dec.) per Unincorporated Projected Millage $100,000 General Fund Rates Taxable Value FY 01 0.8425 n/a FY 02 0.8817 $3.92 FY 03 0.8785 ($0.32) FY 04 0.8580 ($2.05) The following narrative provides an explanation of the major factors impacting this fund for the next three fiscal years. FY 02 In addition to annual inflationary cost increases, the following mandates were included in the FY 02 budget analysis: · Phase-in of pay plan adjustment (including benefits) - $413,300. · Phase-in of Max Hasse Community Park additional facilities - $159,200. The analysis projects a millage rate of 0.8817 in FY 02 or $88.17 per $100,000 of taxable value. Per $100,000 of taxable value, residents in the unincorporated area would pay $3.92 me ~e in unincorporated area taxes in FY 02. FY 03 In FY 03, the projected millage rate is 0.8785 or $87.85 per $100,000 of taxable value, this is a decrease of $0.32 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following mandates were included in the FY 03 budget analysis: · Three (3) month phase-in of North Regional Park facilities - $602,500. No.AGENDA~ ~v~]~l ' 1 3 2001 FY O4 In addition to annual inflationary cost increases, the following mandates were included in the FY 04 budget analysis: · Annualized cost of North Regional Park operations - $1,880,000. Assuming an 8% increase in taxable value in FY 04, the projected millage rate is 0.8580. This equates to $85.80 per $100,000 of taxable value and is a decrease of $2.05 per $100,000 of taxable value from the FY 03 projected millage rate. Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Interest/Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC, PWED, Marco Comm. Dev. MSTD/Dev. Serv. Criminal Justice Utilities (408) Museum Total Transfers Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Turnbacks Carry Forward Refunds Revenue Reserve Total Revenues FY 99 Audited CF FY 00 Rev. FY 00 Exp. FY 01 CF General Fund FY 02 Revenue Projections Budget Forecast FY 01 FY 01 Projection FY 02 97,167,900 93,912,775 96.65% 115,000 100,000 440,000 463,000 0 0 0 0 425,000 425,000 5,710,200 5,710,200 61,500 61,500 68,600 68,600 115,000 115,000 50,000 50,000 1,217,400 1,717,400 22,664,000 22,664,000 3,200,000 3,300,000 4,132,400 4,132,400 96,100 96,100 1,665,800 1,665,800 4,090,700 3,886,165 95.0% 141,219,600 138,367,940 908,200 908,200 506,200 506,200 451,600 451,600 422,900 422,900 250,000 250,000 59,800 59,800 2,598,700 2,598,700 116,147,600 100,000 476,900 0 0 425,000 5,897,600 61,500 50,000 115,000 50,000 1,500,000 24,875,200 3,400,000 4,911,700 114,500 1,786,800 4,295,200 164,207,000 340,800 536,600 478,700 357,100 250,000 59,800 2,023,000 1,750,000 1,750,000 2,850,000 2,850,000 0 0 140,000 140,000 250,000 250,000 4,990,000 4,990,000 18,208,200 22,440,524 0 0 (6,854,200) 0 160,162,300 168,397,164 20,496,500 133,344,151 131,400,127 153,840,651 22,440,524 FY 01 Rev. FY 01 Exp. Net 02 CF 1,750,000 3,000,000 0 140,000 250,000 5,140,000 17,345,000 0 (7,964,763) 180,750,200 168,397,164 151,052A25 17,345,039 % Inc./(Dec.) Dollar % Millage Rate Inc/Dec Change,, 7.7% 18,979,700 19.5% (15,000) -13.0% 36,900 8.4% 0 n/a 0 n/a 0 0.0% 187,400 3.3% 0 O.0% (18,600) -27.1% 0 0.0% 0 0.0% 282,600 23.2% 2,211,200 9.8% 200,000 6.3% 779,300 18.9% 18,400 19.1% 121,000 7.3% 204,500 5.0% 22,987,400 16.3% (567,400) -62.5% 30,400 6.0% 27,100 6.0% (65,800) -15.6~ 0 0.0~. 0 0.0% (575,700) -22.2% 0 0.0% 150,000 5.3% 0 n/a 0' 0.0% 0 0.0% 150,000 3.0% (863,200) -4.7% 0 n/a (1,110,563) 16.2% 20,587,937 12.9% AGEND&IT, EM No. MAR 1 3 2.001 Pg. I 7 FY 01 Personal Inc. by Inc. by Ops./Caps. FY 02 Dollar % Budget Services 10.525% 3.0% Mandates Budget Inc./Dec. Change Personal Services Other Mandates Services ,~....~Operating Divisions: 'C 1,766,000 720,500 796,333 0 1,045,500 1,076.865 0 )nty Attorney 1,925,600 1,669.700 1.845,436 0 255,900 263,577 0 _ ay Plan 0 0 0 0 0 0 0 Board Related Costs 61,800 0 0 0 61,800 63,654 0 County Manager 568,300 513.000 566,993 0 55,300 56,959 0 OM B 434,100 376.500 416,127 0 57,600 59.328 0 Support Services 10.032.000 6. l 16.100 6.759,820 0 3,915.900 4.033,377 18.000 Emergency Services 1,718.500 589,500 651.545 0 1.129,000 1,162.870 0 Public Services 13,408,200 6,448,100 7.! 26,763 352,000 6,960.100 7,168,903 652.000 BCC Health Insurance Inc 0 0 0 0 0 0 Corrina Dev./Envir. 1,061,400 321,400 355,227 0 740.000 762.200 0 Transportation 2,006,400 1,219,000 1,347,300 0 787,400 811.022 0 Courts 0 0 0 0 0 0 0 1,873,198 107,198 6.1% 2,109,013 183,413 9.5% 0 0 63,654 1,854 3.0% 623,952 55,652 9.8% 475,455 41.355 9.5% 10,811,197 779,197 7.8% 1,814.415 95.915 5.6% 15,299,666 1,891,466 14.1% 0 0 a/a 1,117.427 56,027 5.3% 2,158322 151.922 7.6% 0 0 n/a Total Oper. Divisions State AtffPD/Judges Merit Bonuses/Pay Plan Cash Flow/Capital Outlay Contingency Compmer/Hehcopter Res. Total Reserves Transfers: Isle of Capri Fire MPO Area Aging MSTD General Fund Court Services Road & Bridge Community Development Guardianship (192) Motor Pool Airport A uthorit.', ~'~d%'C'a p il a] Funds ?opee Fire Misc 32,982,300 717,200 0 2,344,200 6,098,600 i623,300) 218.100 8,037.600 6.000 544,000 110,000 138,000 4,226.100 6,055,500 48200 41,700 0 217,500 9.333.200 290.400 7,758,900 0 17,973,800 19,865,5:2 352,000 15,008,500 15,458,755 0 0 0 717,200 738,716 670,000 36,346.297 3,363,997 10.2% 738.716 21.516 3.0% 0 0 Wa 1,500,000 (844,200) -36.0% 7,069,668 971,068 15.9% (794.622) (171,322) 27.5% 120.000 (98,1 O0 ) n/a 7,895,04-6 (142.554) -1.8% 6,180 180 3.0% 560,320 16,320 3.0% 113,300 3.300 3.0% 146.280 8.280 6.0% 4,538,831 312,731 7.4% 7,424.300 1,368,800 22.6% 49,646 1,446 3.0% 43.595 1,895 4.5% 0 0 Wa 217.500 0 0.0% 10,263,521 930,321 10.0% 290,400 0 0.0% 7.807,936 49,036 0.6% 0 0 Wa Total Transfers Transfers to Con. Officers Clerk Clerk (Bd. Paid) Sheriff Sheriff (Bd Paid) Property Appraiser Prop. Appraiser (Bd. Paidl Tax Collector Tax Collector (Bd. Paid) Super'~ ~sor S,apervisor (Bd Paid) 28,769,500 0 0 0 0 0 0 5,675,900 405.300 68,968,800 1,968.500 4.081.300 85,300 6,629,400 115,200 65 54,967.200 63.123,190 1,607,300 14,001,600 14,421,648 1.378.400 111.400 31,461,810 2,692.310 9.4% 6,589,720 913,820 16.1% 417,459 12,159 3.0% 80,530,538 11,561,738 16.8% 2,142,297 I73,797 8.8% 4,489,430 ..g)8,130 10.0% 87,859 2,559 3.0% 7,955,280 1,325.880 20.0% 118,656 3,456 3.0% 1,910,150 249,150 15.0% 66,950 1,950 3.0% 'I otal Transfers Total Expenses Fomcast 01 89,655,700 160,162,300 151,052,125 54,967,200 63,123,190 1,607,300 14,001,600 14,421,648 1,489,800 104,308.339 14.652.639 16.3% t80,750,200 20,587,908 12.9% AGENDA~T,~_ No, HAR 1 3 2001 Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Fed,.:ral Refuge Alcohol Tax Oil/Gas Severance Interest/Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC. PWED, Marco Comm. Dev. MSTD/Dev. Serv, Criminal Justice Utilities (408) Museum Total Transfers Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Turnbacks Carry Forward Refunds Revenue Reserve Total Revenues General Fund FY 03 Revenue Projections Budget Forecast FY 02 FY 02 Projection FY 03 116,147,600 112,256,655 96.65% 131,930,000 100,000 100,000 100,000 476,900 476,900 491,200 0 0 0 0 0 0 425,000 425,000 425,000 5,897,600 5,897,600 6,414,100 61,500 50,000 50,000 50,000 50,000 50,000 115,000 100,000 100,000 50,000 50,000 50,000 1,500,000 1,500,000 1,200,000 24,875,200 24,875,200 24,900,900 3,400,000 3,400,000 3,502,000 4,911,700 4,911,700 5,059,100 114,500 114,500 114,500 1,786,800 1,786,800 1,876,100 4,295,200 4,080,440 95.0c~ 4,510,000 164,207,000 160,074,795 400,600 400,600 536,600 536,600 478,700 478,700 357,100 357,100 250,000 250,000 59,800 59,800 2,082,800 2,082,800 180,772,900 424,600 557,500 497,400 357,100 250,000 59,800 2,146,400 1,750.000 1,750,000 3,000,000 3,000,000 0 0 140,000 140,000 250,000 250,000 5,140,000 5,140,000 17,345,000 17,345,000 0 0 (7,964,763) 0 180,810,000 184,642,595 1,750,000 3,200,000 0 140,000 250,000 5,340,000 13,641,684 0 (8,785,69O) 193,115,293 % Inc./(Dec.) Dollar Percent Millage Rate Inc/Dec Change, 4.2% 15,782,400 13.6% 0 0.0% 14,300 3.0% 0 n/a 0 n/a 0 0.0% 516,500 8.8% (11,500) -18.7% 0 0.0% (15,000) -13.0% 0 0.0% (300,000) -20.0% 25,700 0.1% 102,000 3.0% 147,400 3.0% 0 0.0% 89,300 5.0% 214,800 5.0% 16,565,900 10.1% 24,000 6.0% 20,900 3.9% 18,700 3.9% 0 O.OC~'~ o 0.o,~ 0 0.0% 63,6OO 3.1% 0 O.Or~, 200,000 6.7~ 0 n/a 0' 0.0% 0 0.O% 200,000 3.9% (3,703,316) -21.4% 0 n/a (820,927) 10.3% 12,305,257 6.8% FY 02 Rev. FY 02 Exp. Net 03 CF 184,642,595 171,000,91t 13,641,684 AGENDA I'[EM No. 1 3 2001 FY 02 Personal Inc. by Other Inc. by Ops./Caps. FY 03 Dollar Percent Budget Services 6.0% Services 3.0% Mandates Budget Inc./Dec. Change ~.....Op~ rating Divisions: 7C ant)' Attorney ~JCC Pay Plan Bo',m:l Related Costs County Manager OMB Support Services Emergency Services Public Services BCC Health Insurance Inc. Comm. Dev./Envir. Public Works Courts 1,873.198 2,109,013 0 63,654 623,952 475,455 10,811,197 1,814,415 15,299,666 0 1,117,427 2,158.322 0 Personal Services Mandates 796,333 844,113 0 1,076,865 1,109,171 0 1,953,284 80,086 4.3% 1,845,436 1,956,162 263,577 271,484 0 2,227,646 I 18,633 5.6% 0 0 0 0 0 0 0 0 n/a 0 0 0 63,654 65,564 0 65,564 1,910 3.0% 566,993 601.013 0 56,959 58,668 0 659,681 35,728 5.7% 416,127 441,094 0 59,328 61,108 0 502,202 26,747 5.6% 6,759,820 7,165,409 0 4,051,377 4,172,918 21,700 11,360,027 548,830 5.1% 651.545 690,638 0 1,162,870 1,197,756 0 1,888,394 73,979 4.1% 7,478,763 7,927,488 0 7,820,903 8,055,530 0 15,983,018 683,353 4.5% 0 0 0 0 0 0 0 0 n/a 355.227 376,541 0 762,200 785,12166 0 1,161,607 44,180 4.0% 1,347.300 1,428.138 0 811,022 835,353 0 2,263,490 105,169 4.9% 0 0 0 0 0 0 0 0 n/a Total Oper. Divisions State Att/PD/Judges Merit Cash How Contingency Attrition Helicopter Reserve Total Reserves Transfers: Isle of Capri Fire MPO Area Aging MSTD General Fund Court Services Road & Bridge Community Development Guardianship (192) Motor Pool Affpon Authorily ~'"~bu'Capital Funds aopee Fire .dS Misc. 36,346,297 738,716 0 1.500.000 7.069.668 (794.622) 120.000 7.895.046 6.180 560.320 113.300 146.280 4.538.831 7,424.300 49.646 43,595 0 217.500 10.263.521 290,400 7.807,936 0 20,217,542 0 21,430.595 0 0 16,128,755 16,612,618 21,700 0 738,716 7~,877 0 38,064,913 1,718,615 4.7% 760,877 22.161 3.0% 0 0 Wa 1,500,000 0 0.0% 7,508,165 438,497 6.2% (857,224) (62,602) 7.9% 70.000 (50.000) 41.7% 8,220.941 325.895 4.1% 6,365 185 3.0% 577,130 16,810 3.0% 116,699 3,399 3.0% 150,668 4,388 3.0% 4,743,079 204,247 4.5% 8,176,700 752,400 10.1% 51,135 1,489 3.0% 44,903 1.308 3.0% 0 0 n/a 217.500 0 0.0% 11,187,238 923,717 9.0% 290,400 0 0.0% 9,169,240 1,361,304 17.4% 0 0 Total Transfers Transfers to Con. Officers 31,461.810 0 0 0 0 0 0 34.731,058 3,269.248 10.4% Clerk Clerk (Bd Paid) Sheriff Sheriff (Bd. Paid) Property Appraiser Prop. Appraiser {Bal. Paid) Tax Collector Tax Collector (Bd. Paid) Supervisor Supervisor I Bd. Paid) 6.589.720 7,083.949 494,229 7.5% 417.459 429~983 12,524 3.0% 80.530.538 64.730,490 68.614.319 777,500 15,800,048 16.274.049 180,000 85,845,868 5,315,331 6.6% 2.142,297 2,206,566 64.269 3.0% 4,489,430 4,713,902 224.472 5.0% 87,859 90,495 2,636 3.0% 7,955.280 8,750,808 793,528 10.0% 118,656 122,216 3.560 3.0% 1,910.150 2,024,759 114.609 6.0% 66,950 68.959 2,009 3.0% Total Transfers Total Expenses Forecast 02 104.308.339 180,750,200 171.000.911 64.730.490 68,614,319 777.500 15,800,048 16,274,049 180,000 111,337.503 7.029,165 6.7% 193,115.293 12,365,085 6.8% AGEND~ ~EM No. / MAR 1 3 2001 General Fund FY 04 Revenue Projections Budget Forecast FY 03 FY 03 Projection FY 04 Revenues: Ad Valorem 131,930,000 127,510,345 96.a5% 140,582,900 Del. Taxes/Deed Sales 100,000 100,000 100,000 Beach Parking Fees 491,200 491,200 505,936 Interim Service Fee 0 0 0 Sheriff Revenues 0 0 0 P.I.L.T. 425,000 425,000 425,000 Revenue Sharing 6,414,100 6,414,100 6,574,500 Insurance License 50,000 50,000 50,000 Federal Refuge 50,000 50,000 45,000 Alcohol Tax 100,000 100,000 100,000 Oil/Gas Severance 50,000 50,000 50,000 Interest 1,200,000 1,200,000 1,260,000 State Sales Tax 24,900,900 24,900,900 27,349,000 Court Fees 3,502,000 3,502,000 3,607,100 Cost Allocation 5,059,100 5,059,100 5,210,900 Race Track 114,500 114,500 114,500 Enterprise Fund PILT 1,876,100 1,876,100 1,969,900 Dept Revenues 4,510,000 4,284,500 95.0% 4,735,500 Subtotal 180,772,900 176,127,745 192,680,236 Court Fees 424,600 424,600 450,100 Comm. Dev. 557,500 557,500 591,000 MSTD/Dev. Serv. 497,400 497,400 527,200 Criminal Justice 357,100 357,100 357,100 Utilities (408) 250,000 250,000 250,000 Museum 59,800 59,800 59,800 Total Transfers 2,146,400 2,146,400 2,235,200 Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Turnbacks Can y Forward Refunds Revenue Reserve Total Revenues 1,750,000 1,750,000 3,200,000 3,200,000 0 0 140,000 140,000 250,000 250,000 5,340,000 5,340,000 13,641,684 13,641,684 0 0 (8,785,690) 0 193,115,294 197,255,829 1,750,000 3,300,000 0 140,000 250,000 5,440,000 14,302,767 0 (9,373,469) 205,284,769 % lnc./(Dec.) Millage Rate -1.3% Dollar Percent. lnc/Dec Changt .~ 8,652,900 6.6% 0 0.0% 14,736 3.0% 0 n/a 0 n/a 0 0.0% 160,400 2.5% 0 0.0% (5,000) -10.0% 0 O.0% 0 0.0% 60,000 5.0% 2,448,100 9.8% 105,100 3.0% 151,800 3.0% 0 0.0% 93,800 5.0% 225,500 5.0% 11,907,336 6.6% 25,5OO 6.O% 33,500 6.0% 29,8OO 6.0% o o.o7"' 0 0.0% 0 0.0% 63,300 4.1% 0 0.0% 100,000 3.1% 0 n/a 0 0.0% 0 0.0% 100,000 1.9% 661,083 4.8% 0 n/a (587,779) 6.7% 12,143,940 6.3% FY 03 Rev. FY 03 Exp. Net 04 CF 197,255,829 182,953,062 14,302,767 AGEN.~A ,LTF_M MAR 1 3 200I Pg. 2( FY 03 Personal Inc. by Other Inc. by Ops./Caps. FY 04 Budget Services 6.0% Services 3.0% Mandates Budget .._..~Operating Divisions: ?C amy Attorney -,CC Pay Plan Board Related Costs County Manager OMB Supporl Services Emergency Services Public Services BCC Health Insurance lac Comm. Der/Envir Public Works CourLs 1,953.284 2,227,646 0 65,564 659,681 502202 11,360,027 1.888.394 15.983,018 0 1,161,607 2.263,490 0 Personal Services Mandates Dollar Percent Inc./Dec. Change 844,113 894,759 0 1,109,171 1,142,446 0 2,037.205 83,922 4.3% 1,956,162 2,073,532 0 271,484 279,629 0 2,353,161 125.514 5.6% 0 0 0 0 0 0 0 0 0 0 0 65,564 67,531 0 67.531 1,967 3.0% 601,013 637,074 0 58.668 60,428 0 697.501 37,821 5.7% 441,094 467,560 0 61,108 62.941 0 530.501 28.299 5.6% 7,165,409 7.595,333 0 4. t94,618 4.320,457 242,700 12.158,490 798,463 7.0% 690,638 732,076 0 1,197,756 1,233,689 0 1.965,765 77,371 4.1% 7,927,488 8,403,138 0 8,055,530 8,297,196 0 16,700,334 717,315 4.5% 0 0 0 0 0 0 0 0 n/a 376,541 399,133 0 785,066 808,618 0 1,207,751 46,144 4.0% 1,428,138 1,513.826 0 835,353 860,413 0 2,374,239 110,749 4.9% 0 0 0 0 0 0 0 0 n/a Total Oper. Divisions State Att/PD/Judges Meri! Cash Flow Contingency Attrition Helicopter Reserve Total Reser~'es Transfers: Isle of Capri Fire MPO Area Aging MSTD General Fund Court Services Road & Bridge Community Development Gu~dianship (192) Motor Pool Airport Authority ~'~ bt/Capital Funds \ hopee Fire .,'IS 38,064,913 760,877 0 1,500,000 7,508,165 (857,224) 70,000 8,220,941 6,365 577,130 116,699 150,668 4,743,079 8,176,700 51,135 44.903 0 217,500 11.187,238 290,400 9.169.240 21.430.595 0 22,716,431 0 0 16,634.318 17,133.347 242,700 0 760.877 783,704 0 40,092,478 2,027,565 5.3% 783,704 22,826 3.0% 0 0 n/a 1,500,000 0 0.0% 7,979,274 471,110 6.3% (908,657) (51,433) 6.0% 105,000 35.000 50.0% 8,675.617 454,676 5.5% 6.556 191 3.0% 594,443 17,314 3.0% 120,200 3,501 3.0% 155,188 4,520 3.0% 4,956,517 213,439 4.5% 8,751,900 575,200 7.0% 52~669 1,534 3.0% 46,250 1,347 3.0% 0 0 n,'a 217,500 0 0.0% 12,082,218 894.979 8.0% 290,400 0 0.0% 9,749,820 580.580 6.3% Misc Total Transfers Transfers to Con. Officers Clerk Clerk (Bd. Paid) Sheriff Sheriff {Bd. Paid) Property Appraiser Prop. Appraiser (Bd. Paid) Tax Collector Tax Colleclor (Bd. Paidl Supervisor Supervisor (Bd Paid) 0 34.731,058 7,083,949 429,983 85,845,868 2,206.566 4,713,902 90,495 8,750,808 122216 2,024.759 68,959 0 0 0 0 0 0 69,391,819 73,555,328 690,100 16,454,049 16,947,671 97,500 0 37,023,663 2,292,605 6.6% 7.508,986 425,037 6.0% 442,882 12,899 3.0% 91.290,599 5,444.731 6.3% 2,272,763 66,197 3.0% 4,949,597 235,695 5.0% 93,210 2,715 3.0% 9,625,889 875.081 10.0% 125,882 3,666 3.0% 2,328,473 303,714 15.0% 71,027 2.069 3.0% Total Transfers Total Expenses Forecas~ 03 111,337,503 193.115.293 182,953,062 69,391,819 73,555,328 690, I00 16,454,049 16.947,671 97,500 118,709.307 7,371,804 66% 205,284,769 12,169,476 6.3% AGEND,~ IT,,~M No. d liAR 1 3 2001 pg. ~- .~ AGENDA No. ~/ HAR 1 3 2001 0 0 0 0 o- AGEI~I~A,~TF_Nt' No.. ~(_~ /. MAR 1 3 2001 AGEND-~' I~E~v - No. MAR 1 3 2001 pg.._, AGENDA ~F_NI No. ~ / MAR 1 3 2001 AGENDA ].T~ No.. HAR 1 3 2001 P~. ~_¢ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS REVIEW THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS SCHEDULED FOR REVIEW IN 2001 IN ACCORDANCE WITH ORDINANCE 86-41 OBJECTIVE: To determine if existing advisory boards continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance 86-41 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in anygiven year. In 2001 the following boards are to be reviewed: Collier County Planning Commission Golden Gate Estates Land Trust Advisory Committee Lely Golf Estates Beautification Advisory Committee Ochopee Fire Control District Advisory Committee Disaster Recovery Task Force Radio Road Beautification Advisory Committee Bayshore/Avalon Beautification MSTU Advisory Committee Each board Chair provides a written report (copies attached) that answer specific questions provided for within the ordinance. In addition, the ordinance calls for each board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. FISCAL IMPACT: In each case the boards scheduled for review require Only the staff time needed to attend, prepare back up information, minutes and any additional information required by the Committee/Commission members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to .the County may be as much as $40,000 to $50,000 annually in staff time, copying charges, minutes and other expenses. GROVV'rH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, review the written reports of the Boards scheduled for review in 2001 and direct any revisions that they determine are necessary to have these committees function as efficiently and effectively as possible. Prepared bY: ~'~~.,~ Tl'{Om~Js V~. O~?~unty-Manager AGEND~'I'~EM b~O._ ? u-''~ MAR 1 3 ?.001 ANNUAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY PLANNING COMMISSION STAFF AGENCY: Planning Services Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 91-102, as amended (Collier County Land Development Code) and Florida Statutes §§ 163.3174 and 163.3194. SUBMITTED: February 15, 2001 SUMMARY: The Collier County Planning Commission serves as the local planning agency and land development regulation commission as required by Florida Statutes; prepares the Growth Management Plan; prepares the land development regulations and code to implement the Collier County Growth Management Plan; initiates, hears, considers and makes recommendations to the Board of County Commissioners on applications for amendment to the text of the Collier County Growth Management Plan and the land development code; imtiates, reviews, hears and makes recommendations to the Board of County Commissioners on applications for amendment to the Future Land Use Map of the Collier County Growth Management Plan or the Official Zoning Atlas of the Land Development Code; hears, considers, and makes recommendations to the Board of County Commissioners on applications for Conditional Use permits; makes its special knowledge and expertise available upon reasonable written request and authorization of the Board of County Commissioners to any official, department, board, commission or agency of the county, state or federal governments; recommends to the Board Of County Commissioners additional or amended roles of procedure not inconsistent with Division 5.2 of the Land Development Code to govern the Planning Commission's proceedings; and performs those functions, powers and duties of the Planning Commission as set forth in chapter 67-1246, Laws of Florida. The Planning Commission consists of one member from County Commission District 4, two members from District 1, two members from District 2, two members from district 3, and two members from District 5 (one from Immokalee). After serving staggered initial terms, Planning Commission members are appointed to four-year terms. Current members of the Planning Commission include: Michael Pedone, District 1 Lora Jean Young, District 1 Joyceanna J. Rautio, Vice Chair, District 2 Dwight Richardson, District 2 Russell A. Budd, District 3 Sam M. Saadeh, Secretary, District 3 Kenneth L. Abernathy, District 4 Gary Wrage, Chairman, District 5 Russell A. Priddy, District 5 The Planning Commission meets semi-monthly, on the Ist and 3'a Thursday of the month, at 8:30 AM, in the Board Meeting Room on the third floor of the Turner Building. Meetings are taped and aired on Channel 54, the County's Government Access Channel. Minutes of the meetings are transcribed, and recorded with the Clerk of the Circuit Court. Pursuant to Ordinance No. 86-41, as amended, the annual report should consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Planning Commission meets on a semi-monthly basis to consider applications for zoning action and considers staff recommendations and public comment on each action. The Planning Commission receives legal advice from an assigned Assistant County Artomey, as many actions require a quasi-judicial forum. AGENI~A I~F~, No.___~...~ MAR ! 3 2001 2. Whether the Board is adequately serving current community needs. Ye~. The Planning Commission serves as the local planning agency of the Board of County Commissioners. 3. A list of the Board's major accomplishments for the preceding twelve month period (January 2000 - December 2000): The Planning Commission held 23 meetings during 2000, all of which were open to the public, at which they considered Boat Dock Extension petitions, Variance petitions, Conditional Use petitions, Rezone petitions, Grow~ Management Plan amendments, and Land Development Code amendments. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. The Planning Commission is the local planning agency required by Florida Statutes. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The role of the Planning Commission is currently under review, considering thc possible enactment of an ordinance establishing a Hearing Officer. If the Board of County Comr~ssioners adopts such an ordinance, the role of the Planning Commission would change. 6. Whether the Board's membership requirements should be modified. No. At this time, the Planning Commission is working effectively under the current membership requirements. 7. The cost, both direct and indirect, of maintaining the Board. Members of the Planning Commission serve without compensation, however they may be reimbursed for travel, mileage, and/or per-diem expenses, if authorized by the Board of County Commissioners. Indirect costs include the transcription of minutes and Planning Services Department staff hours. Please note that the Board of County Commissioners amended the Schedule of Development Review and Building Permit Fees in December 2000, to more accurately reflect the staff-hours required for petition processing. AGENDA I'[EM MAR 'I 3 .001 Memorandum RECEIVED COUNTY ADMINISTRATORS To: From: Date: Subject: Thomas W. Olliff County Manager Edward J. Kant, P.~. Transportation Op~i'~libns Director February 12, 2001 Annual Reports Required by Ordinance 92-44 ACTION FILE Attached are Annual Reports from three Beautification MSTU Advisory Boards: 1) Lely Golf Estates; 2) Radio Road; and, 3) Bayshore. Staff developed the format, filled in the blanks and reviewed the content with the respective Advisory Board chairmen. Mr. Pearson with Lely and Ms. Kinzel with Radio Road took no exception. Mr. Neal with Bayshore took exception to Item No. 7, as he did not agree with the fiscal year budget figure provided by staff. We tried, as did the Budget Office, to explain the item and its source (the Adopted Budget for Fiscal Year 2001); however, Mr. Neal continues to disagree with the information provided. We are forwarding these three Reports to you prior to the deadline set forth in the Ordinance so you may review them. Please advise if there are any questions 6~'if you need additional information. CC: Norman E. Feder, AICP, Transportation Administrator (w/copies of reports) Bob Petersen, Landscape Operations MSTU Liaison (w/copies of reports) George Pearson, Lely Golf Estates MSTU Chairman Crystal Kinzel, Radio Road MSTU Chairman Bill Neal, Bayshore MSTU Chairman File: MSTU (Annual Reports) Attachments as stated:Copies of three Annual Reports Transportation Operations Department AGEND,A I~EM 2001 CHARLES VAN GELDER 760 7TH STREET S.W. NAPLES, FL 34117 February 6, 2001 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 RE: Golden Gate Estates Land Trust Committee- 2001 Advisory Board Review Dear Commissioners: This letter is to serve as a report to the Board of County Commissioners on the above referenced Advisory Board. Ordinance No. 94-40 (approved by the Board of County Commissioners on August 16, 1994) provided that the "Golden Gate Estates Citizens Advisory Committee" be renamed "Golden Gate Estates Land Trust Committee". The Golden Gate Estates Land Trust Committee was established pursuant to Ordinance No. 87-48 for the purposes of aiding and assisting the Board of County Commissioners in carrying out the requirements, conditions, and various provisions of an Agreement, dated November 15, 1983, (1983 Agreement), between Collier County and Avatar Properties Inc., f/k/a GAC Properties Inc. The Agreement provided for the dedication of 1,061.5 acres of property to Collier County. The Agreement outlined certain criteria for which the land and proceeds from the sale of the land be utilized. More specifically: The property dedicated to Collier County would be used to provide facilities for such things as recreation, utility and community service for the existing and future residents and visitors of Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates" and to provide for the acquisition of other lands, equipment, and materials for the future construction of improvements. The 1983 Agreement also required-that the lands deeded to the County be used only to provide governmental facilities for existing and future residents of Colier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates". In addition, any proceeds from the sale of dedicated lands are to be utilized for capital projects, to be located within the area known as "Golden Gate Estates." The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for the operation thereof. AGENDA ITEM No. MAR 1 3 2001 pg._ Letter, dated February 6, 2001 Board of County Commissioners Page 2 of 3 The Golden Gate Estates Land Trust Committee was also established to advise the Board of County Commissioners as to specific governmental facilities recommended to be provided on the lands deeded in accordance with the 1983 Agreement; to propose marketing programs for the sale of those lands; and set priorities and monitor expendituresfrom the trust fund (GAC Land Trust) established by the Board of County Commissioners wherein revenues from the sale of property are deposited. Marketing procedures have been formally approved by the Board of County Commissioners and are being adhered to by the County's Real Property Management Department. In addition, the Committee, from time to time, may direct the Real Property Management Department to place advertisements or purchase "For Sale" signs which are placed upon selected sites, to enhance the marketing of any remaining property within the Trust. Assets of the GAC Land Trust are approximately $461,350 in available cash and $1,516,385 in land inventory. Approximately 128 acres of land is yet to be utilized or sold. The Committee in order to monitor revenues and expenditures from the GAC Land Trust reviews "Schedule of Revenues and Expenditure" forms and "Balance Sheets" prepared by the Real Property Management Department with the assistance of the Collier County Finance Department. The Golden Gate Estates Land Trust Committee in the past year has recommended, and the Board of County Commissioners has approved, the following allocation of funds from the GAC Land Trust: A total of $12,500 for the purchase of miscellaneous equipment necessary to provide .for the Community Emergency Response Team (C.E.R.T.) program which enables the Golden Gate Fire & Rescue District to provide added fire and rescue protection. - 2. A total of $50,000 for the design and engineering of Big Corkscrew Island Fire and Rescue District's Station #12. 3. A total of $50,000 to purchase fitness equipment for the new community center at Max A. Hasse Community Park. Other recent projects have included: providing funds for the construction of rural safety refuge facilities; providing funds for the acquisition and design of Emergency Medical Services Substation #,17; providing funds for the purchase of a brush truck for the Big Corksc'rew Island Fire add Rescue District. As evidenced above, the Golden Gate Estates Land Trust Committee is adequately serving current community needs. With the assistance of the Real Property Management Department, the Golden Gate Estates Land Trust Committee is best serving the purpose for which it was created. There is currently no other existing Board or agency, either public or private, that would better serve the purpose for which the Golden Gate Estates Land Trust Committee was crea ed. AGENDA ~,_ No._ MAR 1 3 2001 Pg._ /~ Letter, dated February 6, 2001 Board of County Commissioners Page 3 of 3 As Chairman of the Golden Gate Estates Land Trust Committee, I am of the opinion that no amendment to the ordinance which established the Golden Gate Estates Land Trust Committee is necessary at this time. At this time, there are no recommendations to request modification of the membership requirements. The cost of maintaining the Golden Gate Estates Land Trust Committee is nominal. The only cost is that of staff time to attend meetings which are held on the fourth Monday of every month at 7:00 p.m. at the Golden Gate Estates Library. The meetings do not usually exceed one hour in length. I shall be available to present this report and answer any questions you may have. Thank you for your continued support of the Golden Gate Estates Land Trust Committee. Sincerely, Charles Van Gelder, Chairman Golden Gate Estates Land Trust Committee cc: Charles E. Carrington, Jr., Director, Real Property Management Department Golden Gate Estates Land Trust Committee Members AGENDA IT. EM MAR 13 2801 Pg._. _z¢ Memorandum To: From: Date: Subject: Thomas W. Olliff County Manager George Pearson, Chairman Lely Golf Estates Beautification(. MSTU/__.___ February 6, 2001 Annual Report for Year 2000 This memo will serve as our Annual report as required by Ordinance 92-44. That Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information: 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Lely Golf Estates Beautification Advisory Board has been instrumental in moving the Lely Golf Estates Streetscape and Landscape Beautification Project to fruition. 2. Is the Advisory Board adequately serving current community need? Yes. The Lely Golf Estates Beautification Advisory Board is the mechanism by which the MSTU continues to function effectively. 3. A list of the Advisory Board's accomplishments for the preceding 12-month period: During the past year we have continued to maintain the landscape and irrigation along St. Andrews Boulevard, Pebble Beach Boulevard, and other streets within Lely Golf Estates. In addition, we have begun preparations for a directional bore contract to increase the use of effluent water and lower potable water consumption and cost to the District. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Lely Golf Estates Beautification Advisory Board is the most appropriate vehicle for representing the taxpayers within the MSTU boundaries. Transportation Operations Department AGEI'~A J,TEM No._._SL. MAR 13 2001 pg.__ ,,F' Thomas W. Olliff, County Manager February 6, 2001 Page 2 of 2 Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was created? Yes. The enabling ordinance (Ordinance 87-100) should be modified to provide for additional tax revenue at this time. 6. Should the Advisory Board's membership requirements be modified? No. Not at this time. 7. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2000 was $139,600. Of this amount, $13,100 is included for indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. CC: Norman E. Feder, AICP, Transportation Administrator, Edward J. Kant, P.E., Transportation Operations Director Bob Petersen, Transportation Operations MSTU Liaison File: Lely Golf Estates MSTU (Annual Report to the Board) Transportation Services Department i' AGENDA ITSM ' MAR 1 3 i O01 I MEMORANDUM DATE: February 14, 2001 TO: James D. Carter, Ph.D., Chairman FROM: Mike Hart, Acting Chairman Ochopee Fire Control District Advisory Board Committee SUBJECT: Report to the Board pursuant to Collier County Ordinance No. 92-44 Please f'md the following as my reply to your memo: Is the Board serving the purpose for which it was created? Is the Board adequately serving current community needs? Major accomplishments for the preceding 12 months: Yes Yes 1. Retirement and plaque for Charlie Reynolds for years of service. 2. Brush gear obtained through Forestry Grant for paid personnel. 3. 1995 Chevrolet Suburban obtained for Chief's vehicle. 4. Assisted in obtaining funds for the annual Children's Halloween Party. 5. New hoses for vehicles were purchased. 6. Everglades Fire Station was treated for termites. 7. Everglades Fire Station bay area is being remodeled. 8. Rescue 61 was purchased back from Isle of Capri. 9. Volunteer radios were purchased before the Seafood Festival to be used during this event for rescue medical purposes. Page 1 AGENDA I~F_M MAR pg.__/o Is there any other board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created? No Should the ordinance creating the Board be amended to allow the Board to more adequately serve the purpose for which it was created? No Should the Board's membership requirements be modified? No Cost, both direct and indirect, or maintaining the Board. None Sincerely, Mike Hart, Acting Chairman Ochopee Fire Control District Advisory' Board MH/Is Page 2 AGENDA,LTFJ HAR 13 2001 Pg--- JL~ EMERGENCY MANAGEMENT DEPARTMENT 3301 E. TAMIMAI TRAIL NAPLES, FL 3,~112 PHONE: (941) 774-8444 FAX: (941) 775-5008 MEMORANDUM DATE: TO: THRU: FROM: SUBJECT: February 6, 2001 James D. Carter, Ph.D., Chairman Collier County Board of Commissioners Thomas Storrar, Emergency Services Administrator Thomas W. Olliff, County Manager ~-~ Kenneth F. Pineau, Chairman ,~-//,~,.,~a.~--"~J Disaster Recovery Task Force x,,,..__ Report to the Board pursuant to County Ordinance 92-44 (Disaster Recovery Task Force) The Disaster Recovery Task Force has not met as a body since the creation of'the Disaster Recovery Ordinance in 1998. Several of the task force members participated in - the Local Mitigation Strategy Working Group. This group met on a bi-weekly basis from jUly 1998 to August 1999 and semi-annually until the present time The task force was given the mandate to develop a post-disaster recovery ordinance and although not defined, the expectations were to have regular meetings throughout the year In this respect, the Disaster Recovery Task Force has partially served the purpose for which it was created by developing an ordinance. No other accomplishments have been presented for consideration although some recovery issues have been completed on an individual or small working group basis. For example, debris management, mental health, and volunteer coordination. In my opinion, I know of no other public or private agency that would better serve the purpose for which this Task Force was created. However, I believe that the ordinance and the membership requirements of the task force should be amended to reflect the current and near-future needs of the community. In order to accomplish this, the ordinance should specify meeting frequency, sub-committees from task force membership should be developed to deal with the following issues: 2001 Mental Health counseling Facilities restoration Debris management Wastewater treatment Drinking water Economic recovery Mitigation Reconstruction strategy Volunteer coordination Public information Temporary housing Public health issues Utilities restoration Road clearing The indirect costs in manpower for developing such an endeavor would be relatively expensive but this would depend on the frequency of the sub-committee meetings. I would estimate 100 hours per month in addition to the administrative costs for developing and maintaining minutes, preparing new ordinances and updating the recovery portion of the Comprehensive Emergency Management Plan. lfthere are any questions, please call me at 774-8445. AGENDA J.TEM 1 3 2001 pg.~_ Memorandum To: From: Date: Subject: Thomas W. Olliff County Manager Crystal Kinzel Radio Road Bea~rtffi~l'6h]VISTtY February 6, 2001 Annual Report for Year 2000 This memo will serve as our Annual report as required by Ordinance 92-44. That Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information: 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Radio Road Beautification Advisory Board has been instrumental in moving the Radio Road Streetscape and Landscape Beautification Project to fruition. 2. Is the' Advisory Board adequately serving current community need? Yes. The Radio Road Beautification Advisory Board is the mechanism by which the MSTU continues to function effectively. 3. A list of the Advisory Board's accomplishments for the preceding 12-month period: During the past year we have completed the landscape and irrigation along Radio Road from Airport Road to Santa Barbara Boulevard. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Radio Road Beautification Advisory Board is the most appropriate vehicle for representing the taxpayers within the MSTU boundaries. Transportation Operations Department AGENDA IIEM iVlAR I ...3 2001 Thomas W. Olliff, County Manager February 6, 2001 Page 2 of 2 5. Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was created? No. There is no reason to amend the enabling ordinance (Ordinance 97-52) at this time. 6. Should the Advisory Board's membership requirements be modified? No. Not at this time. 7. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2000 was $721,377. Of this amount, $32,000 is included for indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. cc: Norman E. Feder, AICP, Transportation Administrator, Edward J. Kant, P.E., Transportation Operations Director Bob Petersen, Transportation Operations MSTU Liaison File: Radio Road MSTU (Annual Report to the Board) Transportation Services Department AGENDA IIEI~ No., ..... MAR' I 3 {001 pg._. _/o Memorandum To: 'From: Date: Subject: Thomas W. Olliff County Manager Bill Neal, Chairman Bayshore Beautification MSTU February 6, 2001 Annual Report for Year 2000 This memo will serve as our Annual report as required by Ordinance 92-44. That Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information: 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Bayshore Beautification Advisory Board has been instrumental in moving the Bayshore Streetscape and Landscape Beautification Project to fruition. 2. Is the Advisory Board adequately serving current community need? Yes. The Bayshore Beautification Advisory Board i~s the mechanism by which the MSTU continues to funcfi6n effectively. 3. A list of the Advisory Board's accomplishments for the preceding 12-month period: During the past year we have almost completed the landscape, irrigation, entry feature and improved sidewalks and pavers along Bayshore Drive. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Bayshore Beautification Advisory Board is the most appropriate vehicle for representing the taxpayers within the MSTU boundaries. Transportation Operations Department AGENDA ITEM " No. Pg._ Thomas W. Olliff, County Manager February 6, 2001 Page 2 of 2 Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was 'reated? No. There is no reason to amend the enabling ordinance (Ordinance 97-82) at this time. 6. Should the Advisory Board's membership requirements be modified? No. Not at this time. 7. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2000 was $1,472,643. Of this amount, $53,500 is included for indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. CC~ Norman E. Feder, AICP, Transportation Administrator, Edward J. Kant, P.E., Transportation Operations Director Bob Petersen, Transportation Operations MSTU Liaison File: Bayshore MSTU (Annual Report to the Board) Transportation Services Department AGENDA IT E M-"~--~ NO% ._._~...~ _~._ MAR Pg._ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT IN PAUL LASHBROOK V. COLLIER COUNTY, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, CASE NO. 2:00-CV-122-FTM-29D, IN THE AMOUNT OF $1,50,000. OBJECTIVE: To obtain Board approval of a settlement in Paul Lashbrook Collier County, now pending in the United States District Court for the Middle District of Florida, Case No. 2:00-cv-122-FtM-29D, in the amount of $150,000. CONSIDERATIONS: On December 24, 1996, County EMS was called to the scene of what turned out to be a robbery and assault. Upon arrival, EMS personnel examined the victim, Ancieto Mateo Gaspar Francisco. The victim made no complaint of pain and witnesses at the scene indicated that there had been no shooting. The responding EMS personnel released Mr. Francisco to Sheriff's Deputies because Mr. Francisco would not consent to transfer to a hospital but was intoxicated. Mr. Francisco was taken to the Immokalee Jail under the auspices of the Marchman Act. Immediately upon his arrival at the Immokalee Jail, his condition began to deteriorate rapidly and EMS personnel were called back to examine him again. At that time, it was discovered Mr. Francisco had been shot in two places. Life support measures were unsuccessful and the victim died less than one half hour later. Mr. Francisco's estate and survivors sued both the County and the Sheriff. The claim against County was that the County had been negligent and failed to provide adequate treatment at the scene when Mr. Francisco was ex.groined. The case was eventually moved from state court to federal court after a civil rights claim was filed by the estate and Mr. Francisco's survivors against one of the Sheriff's Deputies involved. The case against the County, the Sheriff and the Sheriff's Deputy is scheduled to go to trial on the June 4, 2001 trial docket in federal court. The Sheriff's Deputy has filed a summary judgment motion and, if that motion is granted, the case against the County and the Sheriff would be remanded to state court. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: If the Board approves the proposed settlement, the County will pay $150,000 to Mr. Francisco's estate and survivors in exchange for which the County will be released from all claims and the pending lawsuit against the County will be' dismissed with prejudice. To date, the County has spent approximately $21,800 in defense of the case. One hundred thousand dollars ($100,000) of the settlement figure would come from the County's self-insurance AGENDA NO. _~ MAR '13 2001 retention fund, i.e., Fund No. 516-121-650. Any excess amounts over $100,000 would be paid by the County's excess insurance carrier, who has approved the settlement. If the County were to proceed to trial, the maximum enforceable judgment against the County would be $200,000. In this regard, if the Sheriff were also found liable, the total maximum enforceable judgments against both the County and the Sheriff could not exceed $200,000. Both the County and the Sheriff could be subject to greater exposure, however, if the plaintiffs are successful and then seek a claims bill before the Florida legislature. Notably, to date, none of the six expert witnesses in the case have been deposed. Thus, if the case were to proceed to trial at this point, it is likely the County would incur in the neighborhood of $27,500 in additional expenses and costs. This figure also takes into account the fact that Mr. Francisco's survivors are located in Guatemala and their depositions also still have fo be taken. RECOMMENDATION: That the Board approve the proposed $150,000 settlement with the plaintiffs in Paul Lashbrook v. Collier County, Case No. 2:00-cv-122-FtM- 29D, now pending in the United States District Court for the Middle District of Florida, and authorize the Chairman to execute all necessary settlement documents. / , r: Date: / ) Michael W. Pettit, Assistant County Attorney Reviewed and Approved by: Reviewed and Approved by: Jeffrey Walker, Risk Managemen} Director David C. Weigel'"7', /___.~) County Attorney Date: Date:_ ~/,2/¢-/. h:Debbie Armstrong\Executive Summaries\Lashbrook 030201 ='Ao.,ENDA~ NC). ~ MAR 1 3-2001 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 4 members to the Environmental Advisory Council; 2 for 4 year terms; 1 for a 2 year term; and, 1 for a 1 year term. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters dealing with the re~fimiolx, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statemem (EIS) per %'ction 3.8 of the Code, all developments of regional impact (DRI), lands with special treatmenl (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and stale The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the mb-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. Resignations were received from Milton Keen Comell and Jack Baxter and the terms will expire on April 13~ for Alfred F. Gal, Jr. and Michael G. Coe. A press release was issued and resumes were received from the following 8 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Alfred F. Gal, Jr. Technical: Attorney; Energy & I Yes EAC Reappointment Environmental Studies Michael G. Coe Non-Technicah BA 1 Yes EAC Reappointment Economics/History Masters Desree Christopher C. Kautt Non-Technical BS Marketing & 4 Yes None FGCU Student Inactive Bill McKinney Non-Technical: BA Liberal Arts 2 Yes None Larry Stone Technical: Wastewater Operators 5 Yes None Chester P. Solinl~ Non-Technical: Licensed Architect 2 Yes None David T¥ Aldrich Non-Technicah BA History 2 Yes None Ty Agoston Non-Technicah BS Marketing 5 Yes Rural Frinl[e COMMITTEE RECOMMENDATION: Quasi Judicial - No recommendation accepted. Section 5.13.3.4 states in part "The primary consideration in appointing EAC members shall be to provide the board with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the board should consider a membership guideline of six technical members and three non-technical mcr tbers.' FISCAL IMPACT: NONE NO. /~.~. GROWTH MANAGEMENT IMPACT: NONE ~' ~ pg. / ., RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, AdminiStrative Assistant Board of County Commi~ioners Agenda Date: MARCH 13, 2001 AGENDA ITEI~I COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OFFICE OF THE ADMINISTRATOR MEMORANDUM DATE: TO: FROM: February 20, 2001 Sue Filson, Administrative Assistant Board of County Commissioners Robert Mulhere, AICP, Planning Services Director Barbara Burgeson, Sr. ES, Planning Services EAC Applicants Staffhas reviewed the eight applicants for the two previously vacated positions (ending 4-30- 02 and 4-30-03) and the two 4 year term positions that will become vacant as of April 30, 2001. The attachment smnnmfizes the qualifications of each applicant. The first two applicants listed are current members of the EAC. Their terms expire in Apr~ 2001, and they wish to be considered for reappointment. Mr. Coe would like to be considered for filling one of the shorter terms that are currently vacant. These two applicants are well qnnlified to continue to serve on tl~ EAC. The remaining applicants are listed as either technical or non-technical applicants with their work history or related experiences. From the resumes submitted, five of the applicants were considered to be non-technical with respect to the qualifications described in the EA.(2 ordinance, with one applicant having some technical expertise. Of the five members that are currently on the EAC, not counting Mr. Coe and Mr. Gal, four are technical members and one is non-technical. The EAC ordinance requires that six members have technical expertise and that there may be three non-technical members. Cc: John M. Dunnuek, III Inte~ Community Developmem & Environmental Services Administrator Ron Nino, AICP, Ct~ent Planning Manager COLLI]ER COUNTY ENVIRO~E~ ADVISORY COUNCIL NAME (technical) PROFESSIONAL DEGREE/ASSOC J-D-Law Environmental studies BA - Archaeology WORK AND RELATED EXPERIENCES Attorney, James Karl & Assoc. EA EXPERIF~NCE C~t EAC !nember Michael G. Coe, Lieutenant Colonel (non-technical) BA - Economics/History Masters degree Christopher C. Kautt Student- FC_~U (non-technical) BS - Marketing 3ill McKinney (non-technical) Larry Stone (technical) 6-momh course for EPA Wastewater operators Chester P. Soling (non-technical)) David Aldrich (non-technical) BA - History MBA Ty Agoston (non-technical) BS - Marketing Financial Advisor, Prudential Securities Company co _~an&r, Executive officer And member of General Sta~ USMC none none Realtor none Past Sr. Technical Specialist and product manager with Dupom for 26 years. Water/Wastewater Fatalities Mgr. for Everglades City none Founder of Nova Environmental Technologies . Operated and nmnaged wastewater treatmm~ systems Director of Pelican Marsh Owners Assoc. no____~ Past licensed builder in New York State Past trust~c for Syracuse University Insurance agem, NW Mutual President of Real-estate Dev. Co. Grocery merchandiser 6 months on EA[ A~A ITEM. NO. Environmental Advisory Council Work Phone /ippt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Erica Lynne 676 110th Avenue North Naples, FL 34108 District: 2 Category: Ph.L). Engineering 514-2968 Ms. Alexandra Santoro 210 Riverwood Road Naples, FL 34114 District: 5 Category: Biologist 403-1858 793-7878 ~/Mr. Alfred F. Gal, Jr. 262-8000 82 North Barfield Drive 389-0479 Marco Island, FL 34145 District: 1 Category: Attorney; Energy & Env Studies Mr. Milton Keen Cornell~0t' .~t~ 686 Lismore Lane ~.:~$a~- Naples, FL 34108 District: 2 Category: Technical - Engineer 592-7254 Mr. Ed Carlson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecol ,,(, Mr. William W. Hill 3655 Amberly Circle, A 102 Naples, FL 34112 District: 1 Category: Ph.D. Biology 774-4412 l 1/28/00 04/13/02 1.5 yrs 04/11/00 04/13/04 4 Years 09/12/00 04/13/01 7 months 04/13/99 04/13/03 4 Years 08/09/99 04/13/03 4 Years 11/28/00 04/13/03 2.5 yrs ......................... ~ ........................... Page I of 2 Monday, December II, 2000 Environmental Advisory Council FFork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2nd~xpDate 2nd Term Lt, Col. Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 District: 1 Category: Non-Technical 262-1818 732-0625 08/03/99 04/13/01 2 Years Mr. Jack Baxter 980 Cape Marco Drive Marco Island, FL 34145 District: 1 Category: Pollution Control 642-8225 01/25/00 04/13/02 2 Years Mr. Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: ~echnical - Mgmt. 403-6800 04/13/99 04/13/00 1 Year 417-2053 04/11/00 04/11/04 4 Years This 9 member committee was creat~l on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in mattem dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (ETA) per section 3.8 of the C, ode, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interiocal agreements, any petitions which cannot be resolved between the applicant and staff, blL=mbem · Bleeliet~. After initial appointments, terms are 4 years. FL STAT Staff.' John Dunnuck, Community Development Administrator. 403-2385 Monday, D~__mber 11, 2000 Page 2 of 2 MEMORANDUM DATE: TO: FROM: February5,2001 Vinell Hills, Elections Office Sue Filson, Admini.~xative Assists, t/f: Board 6fCounty Commi.~sioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL ?hristopher C. Kautt 1105 Turtle CreekDr, #312 Napes, FL34110 //William E. J. McKinney 1898 Mission Drive Naples, FL 34109 Larry H. Stone P.O. Box 601 Everglades City, FL 34139 Chester P. Soling 1262 Grand Isle Court Naples, FL 34108 Ty Agoston 360 10t~ Avenue, NW Naples, FL 34120 COMMISSION DISTRICT Thank you for your help. AC~.hlDA NO. pg. DATE: TO: FROM: MEMORANDUM January 8, 2001 Vinell Hills, Elections Office Voter Registration - Advisory Board Appoinmmrts The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCII. COMMISSION DISTRICT David Ty Aldrich 2737 Bucktl~m Way Naples, FL 34105 Thank you for your help. 02/28/01 ~ED 08:56 FAX 2626908 SECOND_FL G00! BOND, SCHOENECK & I~NG, P.A. ATTORHEYS AT LAW SINCE 1897 NORTHERN TRUST BUILDING 4001 TAlVlIAM~ TRAIL NORTH, SUITE 404 NAPLES, FLORIDA 34103-8702 Telephone: (941) 262-$000 Fax: (94I) 262-5386 NAME: FIRM: FROM: TOTAL: COMMENTS: Sue Filson Board of County Commissioners Alfred F. Gal, Jr. FAX NUMBER: PHONE NIMBER: MATFER NUMBER: DATE: (number of pages including cover sheet): 2 941-774-3602 941-774-g097 February28,2001 Please accept the attached copy of my resume p~xrsuant to your reques~ for resumes iD your letter dated February 9, 2001. Please call if you need further infonna6on. RECEIVED F7-3 2 8 2001 8oard of County Coamfssto~rs 02/28/01 WED 08:56 FAX 2626908 SECOND_FL ~002 Alfred F. Gal, Jr. 82 North Barfield Drive Marco .island, Florida 34145 194t) 3a9-0479 Florida Bar Number: 0146791 EDUCATION Northeastern University School of Lam', Boston, MA J.D., May 1998 Research Assistant: Revised curriculum and reading materials for Toxic Torts. (Fall 1997) Activities: Pace University F. nvironmental Moot Court Competition (February 1997) President, Environmental Law Forum (1995-96) Boston Univeraity, Boston, MA ~.A. in ~er~ and £nvironmcntal St~dics, Janua~ Boston Un/versity, Boston, B.A. in Archa~olo~, May ! 989 LEGAL EXPER~NCE Bond, Sehoeneek & King, P.A., Naples. FL October 1999 - Present .4ttorney: Perform all responsibilities connected with the practice of general civil litigation. Research legal issues. Draft motions and argue same in court. Depose witnesses. Appear and argue at arbitration hearings and trials. Jamea Karl & Aasociates, Marco Island, FL September 1998 - October 1999 ~tttorney: Research legal issues. Dra~ motions and argue same in court. Depose witnesses. Attend pretrial conferences and mediations. Review and draft contract and lease agreements. Are~ ofprax:tice include commercial litigation and crimir~fl law. Thornton, Early & Naumes, Boston, MA December 1997 - February 1998 Law Clerk: Assisted attorneys litigating mass torts and employment discrimination actions. Researched and prepared legal memoranda on procedural and evidentiary issues arising in complex litigation. Drafted complaints and motions in {iminc. Tobacco Products Liability Project, Boston, MA June - August 1997 Intern: Reviewed and analyzed thc proposed settlement between the tobacco industry and state Attorneys C_nmc~. Wrote articles about the settlement for a tobacco control publication. Researched and drafted legal memoranda on issues c,)nceming municipal regulation of tobacco products. Kopelman and Paige, P.C., Boston, MA Law Clerk: Assisted attorneys in all aspects of municipal law. Researched and prepared legal memoranda on environmental, zoning~ and conlxact issues. Prepared real estate licenses. Drafted motions, interrogatories and requests for production of documents. Researched procedural and evidentiary issues. December 1996 - April 1997 pg. /0 02/28/01 WED 08:57 FAX 2626908 SECOND_FL ~003 AlfredF. GaI, J~ P~e2 United States District Court, District o f New Hampshire, Concord, Nit May - August 1996 Honorable James R. Muirhead Judicial Intern: Researched and ~ ,Drdcr~ and legal memoranda on various matters, including prisoner civil rights complaints, habeas corpus claims, and social security administrative decisions. Observed trials, pm-trial motions, and settlement conferences. PROFESSIONAL EXPERIENCE Labat Anderson, Incorporated, Boston, MA November 1993 - A~-gust 1995 Technical Information Specialist Managed thc Wcfland~ Research Library for the Environmental Protection Agency, New England Region. Researched wefland~ case law between 1988 and 1995. Conducted factual investigations for wetland~ permit application reviews. Boston City Council, Boston, MA October 1991 - May 1992 Intern: Advised the City Council on envixonmen~l issues concerning Boston Harbor. Wro~ policy statements regarding the Massachusetts Water Resources Authority's wastcwater outfall tunncl and its possible effects on Massachusetts Bay. ADDITIONAL EXPERIENCE Office of Public Archaeology, Boston, MA (1989-1991) ,4rchaeologist PUBLICATIONS "Thc Road From Here: Potential Govcmraental Review of the Proposed Settlement", Tobacco Control Update.Settlement Supplement, Snmmer/Fall 1997, pp.27-30. "Civil Liability Provisions of Settlement Raise Constitutional Issues", Tobacco Control Update- Settlement Supplement, Summer/Fall 1997, pp.58-60. "Taxpayers May be Asked to Subsidize the Settlement", Tobacco Control Update-Settlement Supplement, Summer/Fall 1997, pp.68-69. SPEAKING ENGAGEMENTS Presented speech at thc 1995 New England Environmental Conference on wetlands legislation and property rights bills in thc 104th Congres:~. References available upon request From: Bill M¢l~lney F~x: +1(~41)4.30-1597 m' 26'~4218 To: Sue Filson F.x: (941)7745502 Page I of I Friday, February 23, 2001 11:26 AM I FAX ]Date: I Friday, February 23, 2001 I Pages including cover sheet: I 1 To: Sue Filson Phone Fax Phone (941)7743602 From: Bill McKinney Downing-Frye Realty Naples Florida 34103 Phone +1(941)592-7124 Fsx Phone +1(941)450-1597 or 263-42: Applicat±o~ fo~ ~nv±ro Adv±se. Additional info per your request I have a BA in Li~ezal Arts from Villanova University, !962, Villanova PA and did graduate work at the University of Delaware, Newark. I worked for a private research foundation doing cancer research prior to joining DuPont. Soci~ies: ASNT=~ Soc. for Nondesnructive Testing (Chairman of Penelrationg Radiation Co~ittee, Member of the Techr_ical Council), ASRT=Am Soc. of Radiologic Technologists, ASQ=~ Soc. for Quality Bill McKinney, 1898 Mission Dr, Naples 34109 (H) 592-7124 (day/work) 261-2244 Please cai] if you need anything else .... Thanks A~OA 1~ M February 14, 2001 Michael G. Coe 4~2 Eagle Key Circle Naples, Fl. 34112 Dear Commissioners~ I desire to conlinue to serve on the Environmental Advisory Council. sincere, ly,., ' ]~ Coe My updated resume ~s attached. AGENDA I'i'EI~ pg. /~ LIEUTENANT COLONEL MICHAEL G. COE USMC (RET) Lieutenant Colonel Michael G. Coe was born on June 5, 1944 in Abilene, Texas. He enlisted in the Marine Corps in 1966, graduated from Boot Camp and was assigned to Camp Lejeune, N.C. After several promotions and cruises aboard Navy Ships, he was selected to attend Officer's Candidate School and graduated in 1967. Following completion of the Basic Officers School at Quantico, V.A., he was assigned as an Infa~3try Platoon Commander with let Battalion, 7th Marines, Republic of Vietnam in Jan 1968. Tours of duty included Company Commander, Executive Officer and various staff positions. Upon his return to the USA in February 1969, he was assigned as a Company Commander with 2nd Bn 28th Marines at Camp Pendleton, Ca. In 1970, he was selected to complete his degree at Texas A&M University and graduated in 1971. Transferred to Quantico, Va., Captain Coe became a Company Commander at Officers Candidate School and subsequently attended Amphibious Warfare School. Captain Coe later served as the Commanding Officer, Marine Detachment USS Forrestal (CVA59) from 1972-1974 and then was reassigned as a recruit Commander at Parris Island, S.C. Promoted to Major in 1978, he was assigned to Language School Monterey, Calif and on to Thailand as the Marine Advisor to the Thai Marine Corps. He was the first US Marine to attend the Thai Parachute Course and subsequently earned his Navy/Marine Parachute wings at age 36. He returned to Camp Lejeune, N.C. and served as the Executive Officer and Commanding Officer of 2nd Reconnaissance Battalion prior to promotion to Lieutenant Colonel in 1981. After over 15 years as a Commander, he was assigned a staff position with 2nd Marine Division and sent to Norwegian Ski School and Cold weather training at age 38. Lieutenant Colonel Coe was then sent' in 1983 to the European Command as a Liaison Officer with the Multinational Forces where he worked with the American Embassy Staff, Ambassador Habit, and the international community during the Israeli-Palestinian- Lebanese-Syrian Crisis. He was in the American Embassy when it was bombed in April 1983, and subsequently returned to Camp Lejeune where he completed his tour as Executive Officer, Infantry Training School and a member of the General Staff. He retired in February 1989 with 23 Years of service. Lieutenant Colonel Coe's personal decorations include the Silver Star, two Bronze Stars with combat 'V', Purple Hearts, Defense Meritorious Service Medal, Navy Commendation Medal, Joint Service Commendation Medal, Joint Service Achievement Medal, Navy Achievement Medal, Order of the Cedar (Foreign Award-Lebanon), Drill Instructors Ribbon, Marine Security Guard Ribbon, National Defense Service Medal, Vietnam Service Medal with 5*, Vietnam Campaign Medal, Republic of Vietnam Cross of Gallantry with palm and frame, Presidential Unit Citation w/*, Naval Unit Citation, Meritorious Unit Citation w/2*, Letters of Appreci~t~D~M Awards), Certificates of Commendation (2 Awards), Republic of Vietnam Meritorious Unit Citation, Combat Action Ribbon w/*, Marine Corps Expeditionary Medal, Overseas Ribbon, and Navy Arctic Service Ribbon. He is authorized to wear both the Royal Thai Navy/Marine parachute devices and the USN/USMC parachute devices. Lieutenant Colonel Coe is a graduate of Texas A&M University in Economics/History and has a Masters Degree from Pepperdine University. He has been a Financial Advisor with Prudential Securities for 8 years, and resides in Naples, Florida. His wife, Captain Priscilla Coe, DC, USNR is the Administrative Officer for the Fourth Medical Battalion, 4th Force Service Support Group, 4th Marine Division located in Newport News, Va. She has a Private Dental Practice in Naples. Lt. Colonel Coe has three children; Captain Richard Coe, USAF currently attending 'Top Gun" fighter school in Las Vegas, a daughter; Michele, who works for INTEL Corp in Folsom, California; and Andrew, who lives in Plantation, F1 with his wife and works for ATI (Aircraft Technology Inc.) as the Director of Sales and Marketing. AGENDA n~ filson s ~m: i0: Subject: Gal, Alfred [AGal(~bsk. com] Fdday, February 09, 2001 5:35 PM filson s FW: ~.AC terms expidng ...... Original Message From: Gal, Alfred Sent: Friday, February 09, 2001 5:33 PM To: 'filson_s@colliergov.net' Subject: RE: EAC terms expiring Dear Ms. Filson: I would like to be considered for appointment to another term on the Environmental Advisory Committee. Please call if you have questions or I need to provide you with more information. Alfred F. Gal, Jr. Bond, Schoeneck & King, P.A. 4001 Tamiami Trail North Suite 404 Naples, FL 34103-3555 phone: (941) 262-8000 -~x: (941) 262-6908 ..... Original Message ..... From: burgeson_b [mailto:BarbaraBurgeson@colliergov.net] Sent: Friday, February 09, 2001 10:57 AM To: 'agal@bsk.com'; 'mickey644@mindspring.com' Cc: filson s; dunnuck_j; mulhere b; nino r Subject: E~C terms expiring -- -- You are probably aware that your terms, as members of the EAC, will expire this April. If you are interested in continuing to serve on the EAC you will need to contact Sue Filson by e-mail or by faxing her a short request of your interest to be considered for reappointment. If you have any questions or would like to speak with me about this, my number is 403-2311. Sue Filson can be reached at 774-8097. Your timely response to this is important as we would like to be assured that we continue to have as full a membership as possible. Thank you. MEMORANDUM DATE: February 5, 2001 TO: Robert Mulhere, Planning Services DiOr/,-) FROM: Sue Filson, Administrative Assistant J/_/] Board of County Commi~ioners ~ - RE: Environmental Advisory Council As you know, we currem~ 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 aUached the resumes received for your review as follows: Christopher C. Kautt 1105 Turtle Creek Dr,//312 Naples, FL 34110 William E. J. McKinney 1898 Mission Drive Naples, FL 34109 Larry H. Stone P.O. Box 601 Everglades City, FL 34139 Chester P. Soling 1262 Grand Isle Court Naples, FL 34108 Ty Agoston 360 10t~ Avenue, NW Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please ~ategorize the applieant~ ia areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to t~hi~ matter. SF Attae~ts Christopher C. Kautt 1105 Turtle Creek Dr #312 Naples, FL 34110 941.514.4480 ckautt(~_~hotmail, com To the County Commissioners, My name is Chris, I am a senior at FGCU, and have been studying marketing/advertising for what seem~ an eternity. It is now my last semester and I am preparing to enter the "real world". I'm sure all of you have asked yourselves the same questions I have been asking myself lately. What am I good at? Where can I excel? What are my opportunities? Fortunately I consider myself; as do others, an intelligent individual. A marketing degree offers me the ability to proceed down numerous avenues. I currently have accepted a job offer in Jersey City, NJ with a large direct marketing firm. What, you may ask, does this have to do with the Collier County EnvirOnmemal Advisory Board? Furthermore, ifI have accepted a job out of state why would I apply for a county advisory board seat? My answer is simple. It is now mandatory in Florida that all seniors complete an environmental studies capstone course. I am currently enrolled in this course and have been shocked by the various environmental catastrophes the human race is now faced with. Greenhouse gases continue to m/se the earth's temperature, and we are still receiving over 80% of our energy firom the burning of fossil fuels. More so than that I am shocked at the inability of those in power to find viable options and implemem new policies. I understand that not much can be done for our global environment on the local level. I do feel however that you have to start somewhere. Although you may not feel that I am presemly qualified to retain this position, I can assure you I am an extraordinarily diligent worker, and would sincerely appreciate the opportunity to make a contribution. Regardless of your decision, I thank you for the commitments you have made the betterment of our society. Sincerely, Christopher C. Kautt Educathm Christopher C. Kautt 1105 Turtle Creek Rd #312 Naples, FI 34110 941.514.4480 ckautt(~hotmail.com .4ugust 1998- June 2001 .4 ugust 1996- May 1998 May2000 Employment Florida Gulf Coast University Ft. Myers, FL Candidate for Bachelors of Science, Marketing. Concentration in Advertising, Creative Strategy, Direct/Database, and Intemet Marketing Edison Community College FL Myers, FL Received Associates of Arts, Business Studies. Concenuntion in Psychology and Humanities Direct Marketing Education Foundation Detroit, MI Five-day intensive cour ~ in Direct/Database marketing and E-commerce. One of only 24 students selected from universiti,~ around the country to attend. October 1999- Present .4ugust 1998- June 1999 November 1998- January 2000 .4ug'~st 1992- November 1998 Frequency Mmic Sales and Service Technician Bonita Springs, FL Direct sales of music, lighting, and sound equipment. Developed a new business strategy, Including renaming the store, planning a T.V. commercial, and developing a database of customers for direct marketing promotions. The Eagle Newspaper Advertising Manager Prospected local businesses and sold advertising space in school newspaper. Ft. Myers, FL The Watermark Grille Waiter Duties included customer relations and direct sales. Developed long-term relationships with customers. Naples, FL Ruby Tuesday Naples, Orlando, McLean, VA Duties included sales, customer service, promotions management, and inventory control as a Waiter, Bartender, Host, Line cook, and Assistant Manager Memberships, American Advertising Federation, FGCU chapter Presici~nt 2000-2001 Charter member, Sigma Alpha Epsilon Social Fraternity, 1999 Student Government A~sociatton Senator, 1998-2000 University Relations Committee, Chairman 1998-2000 School Activities .4ugust 1999- Present Initiated the plans for the student-run radio station at FGCU. Project includes interactions with the President of the University, Dean of Students, FCC, site developments, local sponsorship, music format, and all student volunteers. December 1998- January 1~999 Sat on six-member committee to determine which collegiate athletic conference to join. ARer conducting exploratory research and polling students, a recommendation was given to join NCAA. The committee consisted of two administrators, two outside consultants, and two students. March 1999- June 1999 References and official eoilege tramcripts available upon request Sat on the Student Union Design Committee. This six-person committee consisted of the Dean of Student Services, President of Student Government, and Senators from each college. We visited the majority of colleges in Florida to determine options for the new student union building. Recommendations were submitted to the President of the University and the Board of Regents. From: BillMcK~ne¥ F~x: +1(941)43()-1597 o~ 263-4218 To: SueFil~ F.x: (941)7748097 Plge 1 of 1 Frid~¥,Febru~02,2~01 Il:lOAM FAX To: Sue Filson Phone Fax Phone (941)7748097 Date: I Friday, February 02, 2001 I Pages including cover sheet: I 1 From: Bill McKinney Downing-Frye Realty Naples Florida 34103 Phone +1(941)592-7124 Fex Phone +1(941)430-1597 or 263-42~ Application for: Environmental Advisory Council I retired from the DuPont Company with 26 years service as Senior Technical Specialist and Product Manager with total responsibility for environmental management of all product lines. These were mostly photographic chemicals, but also included hardware/machines, facility design, OSHA and EPA data sheets, packaging, labelling, transportation, storage, disposal. I have authored several papers based on original work and hosted environmental workshops for national societies:ASNT, ASRT 1 have authored three books and 12 home study courses and contributed to 3 other books as contributing editor. Wil~am E. J. McKinney (Bill), 1898 Mission Drive, Naples FL 34109 592-7124 AGENDA rEM Larry H. Stone P.O. Box 60 ! Everglades City, FI. 34139 Board of County Commissioners 3301 Tamiami Trail East Naples, FI. 34112 Fax 774-3602 January 31, 2001 re: Environmental Advisory Council Dear Commissioners, Upon reading today's Naples Daily News, I noticed there might be an opening for a member on the Environmental Advisory Council. I would appreciate your consideration or' my volunteering for this position. I have a 30 year career in the water/wastewater treatmem profession and I believe I could be of help to the County as far as logistical and feasibilivj for County environmental planning. I have much experience with environmental regulations and most of my work has been in the environmentally sensitive area~ in the State. I have been a Collier County resident since May of 1996 and previously Palm Beach County, Ft. For 26 years. I am a registered, active voter in this county. Attached is my resume for your perusal. Respectfidly Submitted, cc mail t Larry H. Stone Water/Wastewater Facilities Manager Everglades City, Florida P.O. Box 601 Everglades City, Fl. 34139 695-4417 F, IperielJce Nova Em, irmmmual water/wastewater Mr. Stone presently manages the Water and Advanced Wastewater Treatment plains for the City of Everglades City in Collier County Florida. He began with the City in August of 1996 focused primarily on the wastewater system, which is located in the environmentally semifive area adjacent to the Everglades National Park. The City at that time was under a consent order contingent upon upgrading the treatment process for nutrient removals via the MLE process with chemical precipitation of phosphorous and filtration to meet the 5-5-3-1 criteria for surface water discharge of effluent. That goal has been met and certification of this facility is pending. In 1985 Mr. Stone founded Nova Environmental Technologies, Inc. in Palm Beach County, Florida. This business consisted of O&M of privately owned water and wastewater systems with 60 accounts on the east coast of Florida from St. Lucie County down through out the Florida Keys. Nova, dba Larry Stone Associates, had a central office, five employees and four trucks. This business was sold to a large corporation in 1996. LomhawJze River Envimmm~tal C_am~l District, Chief Operator Enviromnental Services Group, a divi~'on nf EMG, Service Manager. City af Boymon Bench, Fl. Trainee, Lab T~chnician, HPA six month program for operations Prior to Mr. Stone's business venture, he was the Chief Operator for the Loxahatchee River Environmental Control District Ch'TqCO~, a three- sludge pure oxygen CUnox) facility. At the time Mr. Stone assumed theses duties, ENCON had been under a four year consent order with DEP for not achieving the 5-5-3-1 effluent standards for discharging into the Loxahatchee River, designated a wild and scenic river by Congress. Within 90 days of becoming the Chief Operator, those standards were met and maintained. The Consent Order and a pending $25,000 fine were di~?__m_Jssed Mr. Stone accomplished this by simply operating the processes as designed by the Engineers. Mr. Stone's first venture into the private sector came in 1979 as President of Envirorrmental Services Group. This business was the logical offshoot of the parent company - Environmental Marketing Group, inc. EMG was the Florida sales representative at that time for water and wastewater plants, pumps and controls. He became the service arm of that company by doing start-ups, construction and contract O&M. The now 30 year career for Mr. Stone began after graduation from a six month EPA school for wastewater operators in Atlanta, Ga in 1971. The City of Boynton Beach offered a job and he moved to Florida. He started as trainee, became certified, served as lab technician and on to chief operator. The City had suffered from a building moratorium as a result of a DEP consent order and in 1976, as the chief operator, Mr. Stone's process innovation was responsible for the dismissal of those reg d~,at~grv ~oblems and the City was allowed to continue building and expandin AC,~r.N~A IT~.~ so./ Education T.R.E.E.O. Palm Beach Community College Untversi~ of California and Michiga. State F.W.~P.C.O.A. Technical School ]~tdb Community Colic, ge School 1965 Most of Mr. Stone's relevant education was acquired early in bbs career ~rom the 1971 EPA school. One of the instructors was a PhD civil engineer from Georgia Tech. From him, Mr. Sto~e learned to apply the math, physics and chemistry in a manner that he was never able to obtain in a regular classroom. Later on, college level courses in hydnutics and microbiology enhanced that knowledge. In flu:t, in the mid to late 70's, Mr. Stone became an instructor at Palm Beach Community Cc,llege for the wnstewater math ns well as F.W.&P.COA instructor ~or operator certL6cation classes. Mr. Stone has attended many state and local "short schools" and TREE.O sponsored seminars and has taken all the available correspondences comsm Dom the Unive~ities of California and Michigan related to the wastewater field. Additionally, Mr. Stone has his own collection of wnstewater engineering textbooks and constantly improves his knowledge through much independent study. Most importantly, however, Mr. Stone's 30 years experience has reinforced the classroom and textbook education. An estimated 78,000 hours oF operating time, not as a shi~ operator but as a man who has made the process control decisions throu~out bbs career, has made Mr. Stone a successful process control specialist. Spetial Skills The goal that Mr. Stone has set at this point in bbs career is to be a project manager for a fttcility having difficulty with compliance problems regarding effluent quality. It has become obvious during his 30 years that the treatment plants have sound design principles but poor eflffuent is the result of other underlying problems that can be corrected by process control. Special skills acquired durin8 Mr. Stone's career: )' Report writing - evaluations, tams and protocols, budgets }> Troubleshooting - processes, electrical controls, pumps ~ Sludge dewatering - belt presses, centrifuges, vacuum filters ~ Start-ups Mr. Stone has current licenses as a wnstewater operator - Class A 2129 as well as water plant operator Class C 6268. References will be available upon request AGENDA ITEM NO. /~ ~" v - / 01/31/2881 82:82 5929385 SOLING PAGE B1 CHESTER P. SOLING ~7~ ~ ~ ?~' :' 1262 Graf~ lsleCour~-Naptn, FL ~ ~410~ - (941)592. 1402 - Fax (941~:' I,~31~' ': .... ' ":-'", :~ Jsmunty 31, 2001 BY 1AX Enclosed plcnsc fn~l my curricuhnn vita. I offcr this for your consklcmtion, so as to becon~ · nsnnbn' ia any onc of ~c following advisory comsnim~ of the County Commissionczs 0 wrote a book on govermncnt, copy of which I igtve to Para Mc'lCue); ~ I am a volunteer w~ Tlg Conm'vaa~ of Somhwast Florida, so I law a great intm~ intl~ envimmzm~ as well as govettanem. I Imwe the c/mice to you for say assigmmm you might Ms. Sue Filson Board of Coni~r County 3301 Tm Trail E. 81/31/2881.. 82:82 5929385 EtX_IN6 PAGE 82 C~ESTER P. SOLING I am a ~ ard/tea in New York Sta~ and was in th= bmldkg/ndustry, wh~ I bu/lt n~m~ bY.b-rise hu3dings in ~ and surroundi~ ar~ lbuit houses h Vermont. I ocmvened 12 _l~_:!!d~Es into coops or condominhm~ ~ ~rv=d on fl~ board of dim:to~ of ail Additionally I ~ on the boards of two apartm~ I have I=sm a lrustee of Syracuse University f~r ov=r 14 years, having serv~ on lt~ Executive Comm/m~ ~r 10 ymrs. I am a member of r.;hrary ~ ~ was preskie~ of it ~or 12 years. I have been on tl~ Foundation ~ of ~ College of Lilt:nd Arts/or 4 years. ~ I am a dix~or of th: Pelican Marsh Owners I have been a busimm psrtn~ w/th Loeb R]mades, where I was a m~mb~r ofihe Ncw York Stock Exc, hanl~ Morgan Sta~"7 and SamUel ~ with both in r~d ~s~. I Al Pelican Mar~ I wss respom~%~ f~r the removal of the stop s/gm f~r golf ca/is on Pdican kiar~ Boulevard and the 2000, Par~.__c of Home simons. I work~xi ~o get W~;'I to ~ ~n earl/er resignation of gz Director~ of the Fo, mdation tm,. w~uid hs~ ~ o~x~mt You mil~ r~cog~z my nan~ fro' fl~ many ~ I ha~ written ~o the Coun~ ~ ~ r,~mmead~om on my sugs~ f.r improvi~ ~ AGENI~A ITeM NO. Ty Agoston 360 10th Aven~ N~V N .ap..k-s, FI. 34t~0 310 P01 T~I: 941.455-8400 ', Fax: 941-455-4310 tya~osto~.com Jsnum'y 17 2001 Dear Ms. Filaon, would like to be considered ~or ~.e position on the ]~nvi~~ Advisory am a full time resident of Collier County, a taxpayer, and a ~ voter. ~, please find my remind. Ty Asoston 311 PB1 SAN 28 '01 EXPEi/IENCE 1~8~ - Pmsem 1988 1979 EDUCATION I~6- 1973 1973-1975 1976 TIBOR AGOSTON 7 Hotseneck Rd., lViontville, NS 07045 · (201) 227-2843 360 10th Avenue NW., Naples, FJorida 33~54 · (813) 453-8400 PURCHASING/I~..RCHANDISINO MANAO~ Grocery Merehandber Develop weekly advertising programs for grocery d~pamncnt Develop spechl advertisir~ _pro, rams Prcscnt special programs to semor numfanem Buy~r-Merchandfsm. nmm ads~.lXiCeS.sehedules RAeddre~ ~ on rmks md m~rchmdishg sPOmible for frogs profit runrS~s Develop sales forecnm and propams Make sales and produc~ presentations to manafen~nt Grocery Buyer National retail chain in Metro lq"Y-NJ area Responsible for ~.5 mil. inventory mana~ment ve~rnme adve~dsin{ and pron~tion Implement space matmgement pro.'ams Wa Sp~,__ P ..a~n'so~ New Smey lesal~l toy~-sundr~es-con fcctioneries Sales Repressetattve Representnted plush toy manufacturers to Northern NJ' rutnil and wholesale Rut~rs, Tho {tam University M~t~Aen Orsdutte School of Busineu Degree, December. 1975 IBM Chfcqo, ltlinoi~ Mamtnmanee Systems-Desi{n-l:hive~ ~oilht: 5"10" Weilht: 175 lbs. Mar~od: 19~0 Health: Excellent Resin: Homeowner Hobb/~: Kiwanis lntematioml Tmnis-Swimminf.~uccer ~ Coa~hinf Board of Directors. Montviile Soeeer'Asooehti~ MEMORANDUM DATE: TO: FROM: January 8, 2001 John Dunnuck, Interim Administrator Community Development and EnT~ Sue Filson, Administrative Ass~.d/ Board of County Commissioners X,J," Environmental Advisory Council Services As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on thin committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Ty Aldrich 2737 Buckthom Way Naples, FL 34105 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive ~ for the Board's consideration. Please categorize the applicants in area~ of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AOEN _A ITI M no. David Ty Aldrich 2737 Buckthorn Way Naples, Florida 34105 941 262 5717 Fax 941 403 0461 October l?, 2000 Ms. Sue Filson Administrative Assistant Board of County Commissioners Collier County 3301 Tamiami Trail Building F - 3rd Floor Naples, FL 34112 Re: Environmental Advisory Council Dear Ms.Filson, I have great interest in serving on the Collier County Environmental Advisory Council. As requested, I have included a resume of my education and experience- If you required further information regarding this matter, please do not hesitate to contact me. Very trul~ yours, David Ty Aldrich David Ty Aldrich 2737 Buck'thom Way Naples, Florida 34105 (941) 262-5717 Master of Business Administration Stetson University: DeLand, Florida Bachelor of Arts: Major History, Minor Business The George Washington University: Washington, D.C. Graduation: May 1994 Graduation: May 1991 EXPERIENCE January 1993 - Present 1997 - Present Northwestern Mutual Life Insurance Company: Orlando and Naples, Florida Special A~ent Insurance Licenses: LIFE, ANNUITIES, HEALTH and DISABILITY Aldrich & Ramsey Enterprises, Inc.: Naples, Florida President Real-estate Development Company 1991-1994 1982-1992 1991-1995 1988-1989 Fox Lea Farm: Venice, Florida Manager ~-Vlaintenance Foreman: (Summers) Horse Sho~ United States Senator Connie Mack: Washington, D.C. Senior Intern Duties: Handled constituent casework and constituent correspondences. ACTIVITIES 1995- Present 1999-Present Kiwanis Club of Pelican Bay: Naples, Florida Collier County Sheriff's Posse HONORS The George Washington Award: The George Washington University 1991 Order of Omega Honor Society: The George Washington University 1991 Interfraternity Council President: The George Wasington University 1991 REFERENCES Available Upon Request EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERN~VIENT PRODUCITIVITY COMMITTEE OBJECTIVE: To appoint 4 members to fulfill the remainder of vacant terms, expiring on February 2, 2002 and February 2, 2003 on the County Government Productivity Committee. CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice chair of the Board of County Commissioners. The remaining twelve members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, orga~i?ation, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Resignation letters were received from Beverly Edwards, Judith E. McCaffrey, Peter Lehmann and Kathleen Curatolo. A press release was issued and resumes were received from the following 8 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. ~t ~4 Yes None ;hip & 1 ~ Yes None ~fessor g Structure 5 Yes None imm skills ?loor 3 Yes i None ~ 2 Yes None ~right __ 3 Yes None .ulting 1 Yes None hing & 3 Yes None Thornton Jenkins Internal Audit; Equipment James T. Homer Jean Ross-Franklin Aldo Rosa Chester P. Soling Robert G. Jenkins Thomas Casale Recv'd after deadline I Thomas B. Grootemaat Recv'd after deadline Financial Planning_ Financing Financial Mgmt; Leadershi StaffDev; Universit~ Pre tUniversity Professor, Or & M§mt; Research & Commodities Broker & Trader Architect - Held seats on nmnerous boards Real Estate; Cheil Millwri Sales & Marketing Consultin Private Business; Publishin COMMITTEE RECOMMENDATION: Thomas Casale - 2 years Thomas Grootemaat- I year James Homer - 1 year Jean Ross-Franklin - 1 year FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 4 members and, direct the County Attorney to prepare a resolution confirming the appoimmems. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 13, 2001 MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Winona Ston~uud7 Analyst and Productivity Committee Staff Liaison February 22, 2001 Filling Vacancies on the Productivity Committee The Productivitx Committee has reviewed eight applications for the four vacant positions on the Committee. Applicants ~ere e*aluated based on their potential contributions to the Committee. The Committee reconnnends the following four applicants for appointment for the terms indicated: NAME TYPE OF TERM DISTRICT FIELD OF EXPERTISE Sales and Markettna Consulting ] APPOINTMENT [ Initial Thomas Casale Apr>ointment 2 Year 1 Thomas lniti al !, Grootemaat Appointment I Year 3 Private Business, PublisNn~, and Financial Planning lmt~al Uni~ers~['~ Professor. Leadersh/p and Staff Development, James ttorner Appointment 1 Year I Financial Mana?,ement Initi~ University Professor, Organizational Structure and Jean Ross-Franklin Ar~potntment I Year 5 Management. Research and Communication Skills The Committee does not recommend the following four applicants for appointment to the Conunittee: Robert JenNns 3 Thornton Jenkins 4 Atdo Rosa 3 Chester P. Soling 2 Real Estate Sales, Culinao' Chef. Millwright Internal Audit. Equipment Financing Commodities Broker and Floor Trader Architect, Held seats on Numerous Boards Please advise should you need additional information. Winona Walker Stone Budget and Managernent Analyst Collier County Government 3301 East Tanuami Trail Naples, Florida 34-112 Voice (941) 774--8935 Fax (941) 774-8828 Email Winona Stone @ collicrgov.nct County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William E. Adams 254-0aa0 "TR ~ P~rr~oL- R~nri tra ~rel~ 21Cl~t 596-8228 Naoles. FL 34110 District: 2 Cateeorv: Productivity Improvements/Exp Contr 02/13/01 02/04/03 2 Years Ms. Para S. Mac~2ie Navies. FL 34112 District: 4 Cateeota,: Vice-Chairwoman 774-8097 131/00/01 01/08/02 1 Year Ms. Libby Anderson Navies. FL 34103 District: 4 Cateeorv: Human Resources Mgmt 262-3318 02/13/(}I 02/04/03 2 Years Mr. Donald Camvbell ~aol~. ~ 34]08 District: 2 Cateeo~': Co.orate Management 598-3426 03123/99 02/04/01 2 Years 02/13101 Mr. Karl J. Otto ~co [s~d. ~ 34]45 D~ict: 2 Cateeo~: Const En~eer & M~a~emem 11/07/95 02104/{}6 3 Mo. 03/14/00 02/(}4/02 9 Mr. Edward T. Ferm~son Navies. FL 34119 District: 3 Cateeorv: Business MffmffEducation 02/28/05 02/04/07 2 Years 02/13/01 02/04/03 9 voa,-e Wednesday, Februam~, 14, 2001 Page 1 of 3 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Janet Vasty Naoles. ~ 34119 Distil: 5 Cateeo~: Budget & F~ancial Anaysis ~. B~er~ Edw~ ~-- ~co %s~ ~ ~6 D~ict: 1 Cate~o~: Contract Mgmt & Stragetic Pla~g 01/! 2/00 02/04/00 1Year 598-4,378 03/14/00 02/04/02 '> v,,o,.~ 11109/09 02/04/00 3 Months 389-9140 11/0q/00 09_/04/09 Ms. Judith E. McCaffrev Naples. FL 34102 District: 4 Cate~orv: Attorney 514-2800 01112109 02/04/00 01 / 12/99 02104/01 Mr. James R_ Gibson. Jr. Naoles. FL 34112 District: 1 Category: Budget & Financial M~mt Mr. Peter CohlI'm_nn Naples. FL 34110 District: 5 Cateeorv: Const. Mgmt & Contract Admin 1 mo. :/ Ms. Kathleen Curatolo ' ~,r// . Navies. FL 34109 ~o District: 2 Category: Education Administration 11/0q/q0 02/04/00 3 Months 732-8830 ! 1/0q/OO 02/04/02 659-1303 03114/00 02/04/02 2 Years 2 Years 594--8847 0'tll 4/00 02/02/02 514-2172 Wednesday, February 14, 2001 Page 2 of 3 County Government Productivity Committee S~zme Ms. Sharon M. Hanlon Navies. FL 34119 District: 5 Cater, om,: Attorney Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 774-3333 03/23/90 02/04/01 2 Years 02/13/01 02/04/03 This 13 member committee was created on 01t20191 by Ord. No. 91-10 (amended by Ord. No. 93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of the BCC. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost- effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STA 7' Staff: Gary Vincent, Budget Analyst I1:774-8810 Wednesday, Februa~. t4, 2001 Page 3 of 3 MEMORANDUM DATE: TO: FROM: February5,2001 Vinell Hills, Elections Office /~ Sue Fils, om Administrative Assistant Board of County Commissioners ~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County,. Also, please list the commission district in which each applicant resides. COUNTY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT Thornton (Tim) Jenkins 1845 Tarpon Road Naples, FL 34 t 02 James T. Homer 5708 Deauville Circle, #306 Naples, FL 34112 Jean Ross-Franklin 3514 Ocean BluffCt. Naples, FL 34120 Aldo Rosa 9815 Clear Lake Circle Naples, FL 34109 Chester P. Soling 1262 Grand Isle Court Naples, FL 34108 Robert G. Jenkins 4541 7a' Avenue NW Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: February 12, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assist~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOV'T PRODUCTIVITY COMMISSION DISTRICT Thom Casale 109 Flamingo Circle Marco Island, FL 34145 Thom B. Grootemaat 272 Monterey Drive Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: February 5, 2001 TO: FROM: Winona Stone, Staff Liaison County Government Productivity Cor~/~ Sue Filson, Administrative Assistxant///r_.~ 1 Board of County Commissioners ~ ' County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Thornton (Tim) Jenkins 1845 Tarpon Road Naples, FL 34102 James T. Homer 5708 Deauville Circle.//306 Naples, FL 34112 Jean Ross-Franklin 3514 Ocean Bluff Ct. Naples, FL 34120 Aldo Rosa 9815 Clear Lake Circle Naples, FL 34109 Chester P. Soling 1262 Grand Isle Court Naples, FL 34108 Robert G. Jenkins 4541 7t~ Avenue NW Naples, FL 34I 19 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, 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 Thornton (Tim) Jenkins 1845 Tarpon Rd. Naples, FL 34102 941-732-8991 Presently retired following 25 years in equipment financing and 11 years with AT&T, 2 years of which was on an internal auditing staff reviewing the division of revenues. I graduate~ from Un,on College, am married, a member of the Naples Yacht Club and have owned property in Collier County since 1988o :hi,, January 31,2001 Ms. Sue Filson, Admistrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Flodda Dear Ms. Filson and Board of County Commissioners: The reason for this letter is to volunteer my services to the County Govemment Productivity Committee. I am a one year resident of Naples, have established residency, and have voted in the November elections. My resume' is enclosed for your perusal. I have always been active in the communities where I have lived and would like to be involved in my new community as well. My experience in organizational structures and management, research, and communication skills from teaching as a professor at a major university offer unlimited possibilities to the county commissioners on such a committee. As can be seen from my resume' I have also been a member of vadous boards of directors, I am also an excellent speaker because of my teaching and the delivery of scholarly research papers to my peers. If you would like to speak to me about the volunteer position, please do not hesitate to call. Thank you for your consideration, Sincerely, Dr. Jean Ross-Franklin RESUME' OF NAME: Jean Ross-Franklin, Ph.D. ADDRESS: 3514 Ocean Bluff Ct. NAPLES, FLORIDA 34120 TELEPHONE: (941) 348-8480 E-MAIL jeanphdl (~aol.com OBJECTIVE: To work in a position where education, management, and communication skills are essential to an organization EDUCATION: State University of New York ~ Buffalo, New York Ph.D. in Sociology awarded 1983 (summa cum laude) Masters De~ee in Sociology awarded 1977 (summa cum laude} Bachelor of Arts Degree awarded 1975 (cum laude) EMPLOYMENT: Employer: Duties: Reason for Leaving: University of Pittsburgh 300 Campus Drive Bradford, PA. (814) 362-7500 Associate Professor Emeritus Director of Sociology' Associate Prolk:ssor of Sociology with lenure Gerontology Program Director Assistant Professor of Sociology Internship Coordinator Student Career Advisor Relocation to Florida 1985-2000 2000 I997-2000 1991-2000 1985-2000 1985-1991 1985-2000 1985-1999 Employer: Duties: Reason for Leaving: Capital University t 984 - 1985 2199 East Main Street Columbus. Ohio 43209 (614) 236-6011 Assistant Professor of Sociology, researcher, director of gerontology, university and community service, internship coordinator, student advisement To work for The University, of Pittsburgh Employer: Duties: Reason for Leaving: D'Youville College 1978 - 1980 320 Porter Avenue Buffalo, New York 14220 (716) 881-3200 Assistant Professor of Sociology,, researcher, university and community services, student advisement To complete Ph.D. dissertation ADJUNCT POSITIONS: Employer: 1994Bradford, PA, McKean Count5.' Federal Correctional Institute Duties: Teaching sociology to prisoners (pan-time) while employed at Pitt. Employer: Duties: Jamestown Community, College Buffalo Street Olean, N.Y. Teaching sociology part-time while employed at Pitt. Employer: Duties: Niagara Community College Sanborn~ N.Y. Teaching sociology part-time while working on Ph.D. dissertation Employer: State University ofN.Y ~ Buffalo Duties: Teaching sociology part-time while finishing Ph.D. Pro,am Employer: Duties: Erie Community College Buffalo, New York Teaching sociology part-time while finishing Ph.D. Pro,am GRANTS, FELLOWSHIPS AND CONSULTANC1ES: Grants: University of Pittsburgh Research Grants Fellowships: Consultancies: Normative Aging Study Division of Veterans Affairs Bedford, Mass. Geriatric Program Development Fellow Geriatric Center of PA~ Pittsburgh, PA. (Certificate in Geriatrics awarded) Post-Doctoral Research Fellow University of California ~ Riverside Riverside, Ca. 92521 Graduate Student Association State University of New York iS Buffalo Buffalo, N.Y. United Way of McKean County Needs Assessment Bradford, PA. Progrmn Planning, Evaluation, and Curriculmn Development Morris College Summer, S.C. 1988-1994 1982 1977,1980- 1983 1977 1997,1996 (2), 1994 (2), 1993(2) 1992,1990, 1989,1988, 1987 1993-1999 1987 1983-1984 1982 1983 1992-1993 1985- 1987 PROFESSIONAL SERVICE: President, PA. Sociological Society. Vice-President Elect and Chairwoman of PA. Sociological Society Secretary. and Executive Board Member PA. Sociological Society Newsletter Editor: PA. Sociological Society SCHOLARSHIP: Over 35 proI~ssional research papers and publications CIVIC: Over 30 community lectures, in-service training, and Board Member of YWCA, Penn. State Family Living Program and Area Agency on Aging REFERENCES: Available upon request 1994 ]993 1989-1992 1989 1992 02/B172001 i~:03 19~1Bl~B961 ALDO RQSA ~GE ~2 Sue Admird~m~ve Board of County Commissioners Please submit my name for eons/dera~jo~ to serve on either the Co~a~, C~ver~,me~t Produeti," .~. Corn, mittel3_, or the Rtt,ral Lam~s A~s~,es.s~.Ar.ea Oversi~,ht ~ have hved full time ia Naplm for the p~t five. years lmvi.ag moved' he, re wit& my wife and two ¢tnl0ren from New Jersey. T am a semi-retired Co~aodi~ Pa'dicer and trader, ! have owned and operaled my own finn on Walt Street fo~ 35 years. ~ have been a nmmber in good standing of, the New York Board Of Trade for over 32 yeaxs and have served on almost all the committees within the exchange, including the Board of Managers~ The Admissions Committee, The B-asJness Corem/tree, and The Adjudication Sittce moving to Nat~les I have been active in tl~ P~ca~ M~v~,h O~vt~er~ ~~ a. ~~o~ ~ee a~ ~ Co~ In ~di6~ ~ c~en a~ ~e CmmmW ScSI ofNapl~ ~d ~ my ~fe and I p~cipate in v~t~ com~s at ~e sc~ol, I would appreciate your considering my mu~e as a participant lo serve on one of'the above committees as I believe I would be an asset. Naples, Florida '34109 1-941-514-8650 Tel, 1-94 t-514-0961 Fax. 01/91/2001 82:82 5B2~385 SOLING SA~GE 81 CHESTER P. SOLING (~ Pelican 1262 Grand l~le Court -Naples, FL ~ 34105 - (9al) 592. I402 - Fax (941}:~92u 1431 Sanuary 31, 2001 BY FAX Enclosed pica.sc find my am'k-ulum vita. I offrr ~ for your oonsidcrm~n, ~o az to becon~ a n~mber in any om of thc following adviaory committees of the Coumy Commissiom:rs (I wrote a book on gove~uu~t, copy of which I gave to Para Mc'If. fie); Cun-emly I am a volunte~ with The Conservancy of Sotnhwest Florida, so I have a great imerest in the envirommm as well az governmem. I lmve the choice to you for my assigmmm you mi~,~t f~l appmpria~. Ch~t~r P. Solin~ Ms. Sue Filson 3301TamiamiTra/IE. Naples, FL34112 01/91/2001 02:0~ 5929~8S S~L!NG PaGE 02 Cn~,STER P. SOLING I am a licensed architect in New York Stau: and was in thc ~ industry, wh~r~ I bunt many high-risc buildings in ManhaUan and surrounding areas. I built houses in Vermont. I converted 12 buildings into coops or condomlninm~ ~nd serv~ on board of directors of all, Addifio~ I served on the boards of two apar~m-~'ai buildings whe~ I liv~ I have been a trustee of Syracuse University for ov~ 14 years, having servod on thc Executi~ Commlttec for 10 year~. I am a member of thc Syracuse University Library Board and was presidem of it for 12 years. I have been on the Foundation Board of ~ College of Liberal Arts for 4 ycar~. Curr~ I am a director of the Pelican Marsh Owne~ Association. I have been a business parmer with Loeb Rhoades, where I was a memlxx of the New York Stock Exdaang¢, Morgan Stazdey and Samuel Zell, with both in ~ estate. I initiated leglsistion to protect senior citi~,ens in ConnecticuI a~l to license home I was a Selectman in W'dliamsWwn, MA, where I still live in the summers. At Pelican Marsh, I wes respam~ for the removal of the stop signs for golf cans on Pelican Marsh Boulevard and the 2000, Pm'ade of Home signs. I worked to g~ WCI to have an earlier resignation of tl~ Directors of the Foundation than would have off:m'w/se occurred. You might recoga/z= my name for th~ many letters I have written ~o the County Commi.~ioners with recommsaxtatiom on my suggestions f~r improv~ life Cb, gs~er P. Soling Jun, 50 ~000 11:43AM Pi Robert G. Jenkins 4541 7th Ave. NW Naples, FI 34119 941-455-9432 Career Objective A suitable position with a solid organization, where my experience and education will be utilized and e~hanced. Experience: Bethlehem Steel Position: Millwright Duties: Mechanical Maintenance for 15 years 72-87. Experience: Grey Oaks Position: Culinary Chef Duties: All aspects of Culinary, Menus, ordering, stock, schedules, Experience: Quail West Country Club Position: Culinary Chef Duties: All aspects of Culinary, Menu, ordering, stock, schedules. Experience: Real Estate Sales License Position: Sales Duties: Real Estate Sales Education Associate of Science in Culinary Arts Florida Culinary Institute, West Palm Beach, Florida Management Theory Edison Community. Institute, Naples, FI. Psychology Purdue North Central, Westville Indiana C~rtification, Mech. Maintenance Craft Academic Center, Michigan City Indiana Real Estate Bert Rodgers School of Real Estate, Naples FI. Re£erences upon request. MEMORANDUM DATE: TO: FROM: February 12, 2001 W'mona Stone, StaffLiaison County Government Productivity C. on~e Sue Filson, Administrative Assistao<t~,~ l Board of County Commissioners '~' ' County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory, committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume tbr consideration. I have attached the resumes received for your review as follows: Thomas Cas. ale 109 Flamingo Circle Marco Island, FL 34145 Thomas B. Grootemaat 272 Monterey Drive Naples, FL 34119 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 : 09 Flamingo C~rcte Marco Island, FL 34145 Phone: E-mail (941) 394.0943 tocasali~Jattglobal, net Senior Executive with extensive domestic and international experience involved in all phases of busines8 activity Greate$1 strength lies in sales and marketing. Have been commended by professionals on my complete understanding of the finanCal and legal segments of a bustness oDeration. Hands on executive with excellent communication. tnt~rpersonal, and team organization skills 1996 to February 1998 C&sale Consulting Arlington Hts., IL , Developed a financial fea,~b~irb/ program to measure trends, ~verag~ and progress for a new JccaJ restaurant · Created a public relations program for a lal:~r leas4ng company, wh~:n resulte<~ ~n femure stones c,-~ CNN, Moneylme and Headline News. · Developed a short epa ic~g term business ~an and mamet strategies for an re'Tee equipment sup~ty company On me strength of this pla¢ additional finanang was secured , Consulted w~h a I:x.k, er c~ their poter~al acquis~on of a m.x::king company. Based or~ my analysis an(~ recomme,m:lation, the acquisitio~n was clec. J in ea 988 to 1995 C&S Valve Company Westmont. IL IJ~.e~J~le~ ~d C~O C&S des~ned, manCac'~red, ar~ ~m~ h~h ~m~t~n. ~is all~ ~ ~ m~t Inida~ t~ f~ di~a~ C&S ~ ~1~ ~ ~ in t~ ma~ Impl~ ~ ~ ~ a n~ ~r sy~, ~i¢ our ~il~ ~ man~e ~als ~ ~ ~. N~i~ I~s f~ W~ E~ a~ C~, ~ ~ing N~i~ a ~ ~ in e~ss ~ $10 milli~ Thomas Casale Page 2 1985-1988 C,&S Valve Westmont, IL , U~ ~~ ~ ~n~ ~ml~ a~ ~s m ~ ~n~. · tm~ ~n~n~ ~ ~ ~r~h ~ im~~ ~ n~ ~ a~ manet. 1976-" 980 Technology Inco ,cDorated Grand Haven, MI A leading s~.Jl::~plt~ of machined and far. creed perts to the air potlutioa industry · Incr~ased sales in Je~,~ t,J'~r'l J~, ~t~r5 ftot~ $56 mill~n ~ $142 million. Profits ~'~r~as~d 1967-1976 Ca=ale Indust~es Garwgod, NJ A major ~. a~b~. ~ i~11~ ¢ ~ulp~ to ~ air ~1 in~s~. . g~ my di~ ~les ~~ ~% ~ ni~ ~. · Su~lly n~i~ m !PO ~ ~ ~ ~ ~ · ~ ~r y~ ~ P~ ~ ~ ~ ~aJ C~ on ~ ~ ~ di~, ~ r~~ ~ t~ NJ C~ New Jersey Insti~te of Technatogy Bmeic~ of science, IVtechan~.el Engir~enng Newark, NJ Ava~Jable upon request FAO$]:M[LE (:;OVER PAGE To' Sue Filson ¢-"*t ' 21610 1 AT 4:26:42 PM ,ect' COUNTY PRODUCTIVITY COMI41~-FEE 1ATE: 'Z-'6/C: '~'l]q.E: 4.:.~6:q-8 PM From · Pages · THOMAS B. GROOTEMAAT 3 [INCLUDING COVER) I WOULD LIKE TO BE CONSIDERED FOR APPOINTMENT TO THE PRODUCTIVITY COMMITTEE CHAIRED BY DON CAMPBELL. I UNDERSTAND THAT THERE IS A VACANCY, CHARLIE GETLER SUGGESTED THAT I FAX YOU MY RESUME. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS. THANKYOU. TOM GROOTEMAAT THC NLKS Z. k, lslsf'/ 22 screech,' a:]i Sevelc~men2 Df emslc',.'ee ser'/~ce ~4ar,2 Drcjrex~. -_2- 19-2 (E wee::s; i~ ' - 19-! '21 i %_~ - i P,12 ~qA!NCCS "~ ~ ~'~'~',~.. Secresa_~v - Pze-~surer respcnsih!e _=cz financi~i an~i secreLar~al f'dnCllSns c= FuDzLcls' hell '~ smc~nI,- ", inoiui;nl r~ sk, mana,lemen%~ ~nd_. emplsyee cenefil lesion 5n2 acminlslraiion. Accomplishments inclu,~e: ri:far, cLef reec:z 2uzput fs~ new compuzerlzed ell ant gas ~SCZUI~'_Ti:I S',;szem; ~re~arazisn ~f S-i reqls~t'allcn s~azemenls llmtle2 s.&rlnershi~ ~ri_lk'.'.~ 13r2g~aPs, {nci'aoino ne~c~a~is:s l*~%lN S.}'.'i. ,i~ASZ, ~ni blue l~:y zomP, isslc, ns; reslrusl:lr CP,'na,/ia:. :zens22r. clan ani :',asian cf U.S. Plan. Les EX>:Zi; 21. _.3.A. i:<N'i:lelLEL ]ells.sLsl. 3:e~-_ _~<cs; J_sci.~-:'}eJ i;:m P,e£ezves !P6-. EXECUTIVE SU ,MMARY CONFIRMATION OF APPOINTMENT OF MEMBER(S) TO TIlE COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE OBJECTIVE.' To confirm the appointmeat of 2 members representing the Collier County Dental Association and the Mental Health Association with the terms expiring on August 1, 2001 on the Community Health Care Planning and Finance Co~ittee. CONSIDERATIONS'. The Collier County Community Health Care Planning and Finance Ad Hoc Committee has 2 vacancies representing the Collier County Dental Association and the Mental Health Association This 23 member ad hoc committee was established by Resolution No. 2000-245 to succeed the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable fimding options for recommended solutions. Terms are 1 year. A list of the current membership is included in the backup. Timothy S. Davis, D.D.S. representing the Collier County Dental Association and Mary Cooper representing the Mental Health Association resigned l~om the committee. Letters were received ~om the Collier County Dental Association and the Mental Health Association recommending that the Board of County Commissioners confirm the following members to serve as ex-oflScio members of the committee. APPLICANT CATEGORY MEMBER Dr. Keith Riley I Collier County Dental Association Ex-Officio Member Jane S. Dunn, J.D., M.A.[ Mental Health Association Ex-Officio Member COMMITTEE RECOMMENDATION: Ex-officio members are recommended by the various organizations that they represent and the Board of County Commi.~$iotler~ ootlflrtll the appointments. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to serve as ex-officio members and, direct the County Attorney to pretmre a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 13, 2001 Aa OA rrm NO. /~ Community Health Care Planning and Finance Committee Warlt Phone Appt'd Exp. Date Term Name Home Phone Date. Re-appt 2ndF. arpDate 2nd Term Mr. I.D. Campbell 09/12/00 08/01/01 I Year 78 Seagate Drive 40~-7919 Naples, FL 34103 Distr.: 4 Category: Regular Member Mr. Mike Davis 6120 Cedar Tree Lene Naples, FL 34116 Distrh~' 3 Category: Regular Member 6~3-17'/7 09/12/00 08/01/01 1 Year 4.5.5-2818 Mr. Anthony DiNardo 7691 Santa Cruz Court Naples, FL 341 O9 District: 2 Category: Regular Member 732-9404 09/12/00 08/01/01 1 Year Ms. Cr~al K. Kinzel 598 Henley Drive Naples, FL 34105 District: 3 Category: Regular Member 353-5477 09/12/00 08/01/01 1 Year Mr. Joseph L Mania 520 South Collier Boulevard Marco Island, FL 34145 District: 1 Category: Regular Member 09/12/00 08/01/01 1 Year Dr. Paul H. Neuharth P.O. Box 770790 Naples, FL 34107 D/sir/ct: 2 Category: Regular Member 572-4275 09/12/00 08/01/01 1 Year Monday, March 05, 2001 Page I of 5 A6ENDA ri'EM no._/o _ Community Health Care Planning and Finance Committee Name Work Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDa~e 2nd Term Ms. Kathleen C. Passidomo 2200 Southwinds Drive Naples, FL 34102 D/str/ct: 4 Cate~;ory: Regular Member 2~1-1230 09/12/00 08/01/01 1 Year Mr. Steve Rasnick 1021 Spanish MOss Naples, FL 34108 Dislrlct: 2 Category: Regular Member 09/12/00 08/01/01 I Year Mr. Robert J. Schmidt 2227 Pinewood Circle Naples, FL 34105 District: 3 Category: Regular Member 430-7614 09/12/00 08/01/01 1 Year Mr. Thomas G. Schneider 704 Turkey Oak Lane Naples, FL 34108 District: 2 Category: Regular Member 598-1885 09/12/00 08/01/01 1 Year Mr. James R. Tindall 13181 Pond Apple Drive Naples, FL 34119 District: 5 Category: Regular Member 596-4O66 09/12/00 08/01/01 1 Year Mr. Richard B. Akin 1220 Westfieid Drive Ft. Myers, FL 33919 /h~tr/ct: Ex-Ofl~cio Category: Collier Health Services 658-3000 09/12/00 08/01/01 1 Year Monday, March 05, 2001 Page 2 of $ Community Health Care Planning and Finance Committee Work Phone Appt'd Exp. Date Term Name Home Phone Date. Re-appt 2ndExpDate 2nd Term Mr. Ron Burris 636 Grandview Drive Lehigh Acres, FL 33936 District: Ex-Officio Category: Health Planning Council 09/12/00 08/01/01 1 Year Dr. Joan M. Collar 3301 E. Tamiami Trail Naples, FL 34112 District: Ex-Officio Category: C. C. Health Department Ms. Mary Cooper ¢ ta'~'tJ -- 6371 Pelican Bay Boulevard, Unit 7 Naples, FL 34108 District: Ex-Officio Category: Mental Health Association 774-8200 09/12/00 08/01/01 1 Year 261-5405 09/12/00 08/01/01 1 Year Dr. Harry K. Moon 9816 Rocky Bank Naples, FL 34109 Distri~: Ex-Officio Category: Cleveland Clinic a,48--440~ 09/12/00 08/01/01 1 Year Mr. Stephen M. Fain 2137 44th Street, S.W. Naples, FL 34116 District: Ex-Officio Category: C.C. Public Schools 438-6417 09/12/00 08/01/01 1 Year Mr. Edward A. Morton 116 palmetto Dunes Circle Naples, FL 34113 District: Ex-Officio Category: NCH Healthcare 4~-~00 09/12/00 08/01/01 1 Year Monday, March #5, 2001 Page 3 of 5 Pg. Ccmmunity Health Care Planning and Finance Committee Ms. Carol E. Girardin 649-8484 693 Hickory Road Naples, FL 34108 District: Ex-Officio Category: CPA Briant & Ghat'din Dr. Timothy S. Davis 4089 Tamiami Trail, N, Suite Al01 Naples, FL 34103 District: Ex. Officio Category: County Dental Association FForlt Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE.~Da~e 2nd Term 09/12/00 08/01/01 I Year 09/12/00 08/01/01 1 Year Ms. Wendy Wilderman 392 Michigan Avenue Ft. Myers, FL 33916 D/str/ct: Ex-Officio Category: FL Dept. of Health 09/12/00 08/01/01 1 Year Mr. Michael Smykowski 3301 E. Tamiami Trail Naples, FL 34112 District: Ex-Officio Category: County Budget Director 774-8088 09/12/00 08/01/01 1 Year Dr. Charles Eytel P.O. Box 2102 Naples, FL 34106 District: Ex-Officio Catelsory: C.C. Medical Association 09/1 2/00 08/01/01 1 Year ]t~onday, March #5, 2~01 Page AGENDA rrF. M Community Health Care Planning and Finance Committee F~ark Phone .dppt~d Exp. Date Term Name Home Phone DateRe-appt 2ndE. xpDate 2nd Term Created o~t August 1, 2000 by Resolution No. 2000-245 to succeed the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service profx3sais and identifying viable funding options for recommended solutions. This is an 11 member committee with 12 ex-officio members Dr. Joan Colfer - 774-8210 t; Z STvt T Sta~: Leo Ochs, Public Services Administratoc. 774-8468 Monday, Mat'ch Page $ of 5 AGENDA ITEM 01 08:15a Tom I Pit, T Z NDl~h'=-$ 13gadi 6. . DOG,~ ~W:~ FP.~ 50822133 T.'noihy 8 D~i.,~. D.o.$." 4099 Taft,ami Trllit Norll~ #A-101 Naples, FL 3410] 641.849-7 r8(~ Fax: 94'I-G49..1312 FAC61MII, E COVER RE: Res~ F. xPhon. Numar (94~) 59e-23:13 From: RnI~VI-~ 9. ~ D.D.S. Numb~ or P~ges (E3adum~ ~ m.~): ~ Dear Tnrr~ Thia hale in 1~ ~ a~ my rerdgnatlan fram Itm Cammunlly Neallh Cam Plmlning and I:'manc~ Cammillme. I fm~l ~ I cannal devale ~ time and dlar/la the ~ II,~ ! would like. T~ae~y S. O.v~, D.D.S., AGENDA rrEM 94L5882203 p.3 Phone ~e~-1414 imm ~..1413 C4nkmnt.Type: tl=Vldlln; ChallM-'tlO~eS~i- Contmnt-Tmmk~.~adl,~. 7bit RESOLUTION NO. 2001-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, STATING THAT CURRENT STATE ACQUISITION PROJECTS IN COLLIER COUNTY DESERVE THE HIGHEST OF PRIORITIES UNDER FLORIDA FOREVER AND SHOULD BE FULLY FUNDED UNDER. FLORIDA FOREVER; REQUESTING STATE FUNDING REMAIN AVAILABLE FOR COMPLETION OF STATE ACQUISITION PROJECTS THAT ARE OVER 90% ACQUmED. WHEREAS, it has been reported by The Conservancy of Southwest Florida that: 1. The lands purchased in Collier County by the State of Florida under Preservation 2000 have benefited the County in various ways; 2. Preservation 2000 has contributed to water recharge, flood protection and water poilmion conl~ol in Collier County; 3. Preservation 2000 has restored the historic sheet flow to the western Everglades ecosystem in Collier County; 4. Preservation 2000 has enhanced the protection of critically endangered and threatened species and the health of ecosystems unique to Southwest Florida; 5. Preservation 2000 has helped guide population growth toward urban areas and away from incompatible rural areas; 6. Preservation 2000 has contributed to the quality of life and community character that attracts residents and tourists to the County; and 7. Preservation 2000 has provided an unprecedented partnering opportunity between the County and State governments to protect environmentally sensitive lands in Collier County, resulting in millions of dollars of acquisition and management cost savings to the County's citizens; and WHEREAS, it would be in the best interests of Collier County that Belle Meade, South Golden Gate Estates (part of S~ve Our Everglades), Fakahatchec Strand, Rookery Bay, Okaloacoochee Slough and Cork-qcrew Regional Ecosystem Water~aed continue as high priority projects under Florida Forever. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-I~S OF CO! 1.1F.R COUNTY, FLORIDA, that: 1. All current state acquisition projects in Collier County deserve the highest of priorities under Florida Forever and should be fully funded under Florida Forever. For those state acquisition projects that are over 90% acquired, acquisition, restoration and management funding should remain available for these projects under Florida Forever to ensure their completion. A~ND H' M MAR 1 3 2001 t 2. The Clerk to the Board is directed to forward a copy of this Resolution to the Department of Environmental Protection. 3. The Chairman of the Board of County Commissioners is hereby authorized to correspond with City of Naples and City of Marco Island officials to seek support for the matters covered by this Resolution. This Resolution adopted this 13t~ day of March, 2001after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK CO!,I JI~R COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney By: JAMES D. CARTER, Ph.D., CHAIRMAN MAR 1 3 2001 Resolution WTIEREAS, the lands purchased in Collier County by the State of Florida under Preservation 2000 have benefited the Citizens of Collier County in various ways; and WHEREAS, Preservation 2000 has contributed to water recharge, flood protection and water pollution control in Collier County; and WHEREAS, Preservation 2000 will contribute to restoration of the historic sheet flow in the western Everglades ecosystem in Collier County; and WHEREAS, Preservation 2000 has enhanced the protection of critically endangered and threatened species and the health of ecosystems unique to Southwest Florida; and WHEREAS, Preservation 2000 has helped guide population growth toward urban areas and away fi.om k:compatib!e environmentally sensitive rural areas; and WHEREAS, Preservation 2000 has contributed to the quality of life and community character that attracts residents and tourists to the County; and WHEREAS, Preservation 2000 has afforded an reasonable opportunity to all citizens of Collier County for recreational access to passive recreation; and WHEREAS, the State land acquisition program under both Preservation 2000 and Florida Forever is a willing seller program with guaranteed access and permitted land uses for the landowners not selling; and WHEREAS, Preservation 2000 has provided an unprecedented partnering opportunity between local government, state government and local organizations to protect environmentally sensitive lands in Collier County, resulting in millions of dollars of acquisition and management cost savings to the County's citizens; AND WHEREAs, it would be in the best interests of the citizens of Collier County that Belle Meade, South Golden Gate Estates (part of Save Our Everglades), Fakahatchee Strand, Rookery Bay, Okaloacoochee Slough and Corkscrew Regional Ecosystem Watershed continue as high priority projects under Florida Forever, NOW THEREFORE, the Collier County Board of County Commissioners hereby resolves that all current state acquisition projects in Collier County deserve the highest of priorities under Florida Forever and should be fully funded under Florida Forever. For those state acquisition projects that are over 90% acquired, acquisition, restoration and mahagement funding should remain available for these projects under Florida Forever to ensure their completion. Done and ordered this 13th Day of March 2001. Board of County Commissioners Collier County, Florida Attest: James D. Carter, Ph.D., Chairman MAR 1 3 2001 Dwight E. Brock, Clerk AGENDA ITEM No. f~7 F: ~AR ~ 3 2001 pg. EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP AND MAP SERIES; AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Board of County Commissioners to review the 2000 cycle of amendments to the Collier County Growth Management Plan and consider adopting, adopting with changes, or not adopting the Amendments. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. · The CCPC held their transmittal hearings on October 19, 2000. · The BCC held their transmittal hearings on October 24, 2000. · The Objections, Recommendations and Comments Report (ORC Report) was received from the Florida Department of Community Affairs on January 12, 2001. The DCA had no objections to any of the proposed amendments. · The CCPC held their adoption hearing on February 15, 2001. · This adoption hearing considers amendments to the following Elements of the Plan: · :o Future Land Use Element o:o Golden Gate Area Master Plan FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing, for the 2000 amendment cycle amendments to the Collier County Comprehensive Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C. and to file a" Notice' of Intent" to find the amendments in compliance, or not in compliance. If determined to be in compliance, and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. CCPC AND PLANNING STAFF RECOMMENDATIONS: Planning Commission held their public hearing on February recommendations are as follows: The Collier County 15, 2001. Their A~ END~A JJ~ ~t MAR 1 8 2001 PETITION CP - 2000-3, Citrus Grove Partners, et al, requesting to amend the Future Land Use Element and the Golden Gate Area Master Plan text to clarify permitted uses in the Settlement area, with the ultimate goal of amending the Orangetree PUD. CCPC: Unanimous recommendation to adopt as submitted by the petitioner. StafFs Transmittal Hearing Recommendation: transmit petition to DCA. PETITION CP - 2000-4, Vanderbilt Beach Road Land Trust and Bucks Run Land Trust, requesting to amend the Future Land Use Element and Future Land Use Map by creating a new Subdistirct to be known as the "Vanderbilt Beach/Collier Boulevard Commercial Subdistrict". The subdistrict is proposed at the northwest quadrant of Vanderbilt Beach Road Extension and Collier Boulevard (approximately 33.45 acres) and on the east side of Collier Boulevard and north of Kingsville Road (approximately 15.09) acres). This subdistrict will permit a maximum of 360,000 square feet of gross leasable commercial development. CCPC: Unanimous recommendation to adopt as submitted by the petitioner. StafFs Transmittal Hearing Recommendation: not to transmit to DCA. PETITION CP - 2000-5, C. Allen Kann, requesting to amend the Future Land Use Element and Future Land Use map by creating a new Subdistirct to be known as the "Livingston/Pine Ridge Commercial Infill Subdistrict". The subject site for this proposed subdistrict is located on the southeast comer of Pine Ridge Road and Livingston Road and is comprised of approximately 17.5 acres. This subdistirct will permit a maximum of 125,000 square feet of gross leasable .retail and professional medical office related commercial development. CCPC: Unanimous recommendation to adopt as submitted by the petitioner. 1. Letters/speakers in favor/opposition: a. There was one (1) speaker in favor of this petition: adjacent property owner to subject site. StafFs Transmittal Hearing Recommendation: transmit petition to DCA. PETITION CP- 2000-7, John D. Jassy, requesting to amend the Golden Gate Area Master Plan and Future Land Use Map by renaming the "CR-951 Commercial-In-fill Designation" to "Golden Gate Commercial In-fill Subdistirct", changing the subject site from Residential Estates Subdistrict to Golden Gate Commercial in-fill Subdistrict and modifying this Commercial In-fill provision so as to allow standards specific to this site. At the CCPC hearing, the petitioner submitted changes to his originally submitted language, as noted below. In staffs opinion, these changes increase the intensity of this plan amendment. CCPC: Voted 4/2 for recommendation to adopt as submitted, and subsequently modified, by the petitioner. Staff Transmittal Hearing Recommendations: not to transmit petition '~'GENDA ITEM 2001 f) 3 Any proiect located within the in-fill area at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the followin.q additional development restrictions: The site shall be limited to thirty-five thousand (35,00;,) square feet of building area. Land uses shall be restricted to those Permitted Uses listed within the Commercial Professional Zoninq District (C-1) as set forth in the Land Development Code in effect as of October 24, 2000, and the followinq land uses within the Convenience Commercial zoninq district (C-2): as set forth in the Land Development Code in effect as of October 24, 2000: banks; drug stores; hardware stores (exclusive of any outdoor display of merchandise); general merchandise stores; miscellaneous retail services; apparel and accessory stores; business services; paint, glass, and wallpaper stores; security and commodity brokers, dealers and services; sit-down restaurants; and, home furniture, furnishings and equipment stores. 3. Only one (1) free-standing dru.q store or bank shall be developed on the site On the western sixty (60) percent of the site, professional and/or medical offices shall comprise a minimum of one-third (1/3) of the gross building area of any multi-tenant facility with retail uses. Sit-down restaurants shall not: have accessory alcohol sales, ~ ~ have drive-throuqh facilities, nor exceed a total buildinq area of ~_,_v_ 9, 500 square feet. A minimum setback of seventy-five (75) feet from the proiect's northern boundary shall be provided for the bank or drug store principal structure, and, for a sit-down restaurant principal structure. Should either of these uses have a drive-throu.qh roof overhang, a minimum of fifty-five (55) foot setback is required. All other principal structures shall be required to have a minimum setback of one hundred (100) feet. The northern ~.nc W_m. dr_'cd (!99) seventy-five'(75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. The western sixty (60) percent of the site shall have an outdoor pedestrian- friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seatinq areas for at least twelve (12) persons, and vegetative shadinq, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 9.' A twenty-five (25) foot wide landscaped stril~ shall be provided alonq the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. proiect's northern boundary. A .minimum buffer of fifty (50) feet in ~ be provided alonq the western sixty (60) percent of the project'~ boundary. Where feasible, existing native veqetation shall be retai 10. A minimum buffer of thirty-five (35) feet in width shall be provided alonq the project's western boundary and alonq the eastern forty (40) percent of the rh..J[il ~,~.,NDA ITEM nortl~'n - ,ed within /~ q MAR [ 3 001 o these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, .qrow to a minimum heiqht of seven (7) feet and b~; a minimum of ninety-five (95) percent opaque. 11. All buildinqs shall have tile or metal roofs, or decorative parapet walls above the roof line, and buildings shall be finished in light subdued colors except for decorative trim. 12. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35) feet. 13. All lighting facilities shall be architecturally-designed, and limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses." PETITION CP - 2000-11, The Board of County Commissioners requesting to Amend the Future Land Use Element by modifying the definition of "direct principal access" for travel trailer recreational vehicle parks. CCPC: Unanimous recommendation to adopt as submitted by staff. Staff's Transmittal Hearing Recommendation: transmit petition to DCA. ENVIRONMENTAL ISSUES: Are not applicable. HISTORICAL/ARCHEOLOGICAL IMPACT: Are not applicable. PLANNING SERVICES RECOMMENDATION: That the Board of County CommiSgioners review Growth Management Amendments, CP-2000-3, CP-2000-4, CP-2000-5, CP-2000-7, CP-2000-11 and the Scrivener's Errors Ordinance and adopt the proposed amendments. underlined text is the petitioner's original added language; dvub!: :~i!::tkzsugh is the petitioner's revised deleted language; bold text is the petitioner's revised added language. AGENDA ITEM -- MAR 1 3 2001 /Co r/~re'he n siv~:/P~ n ning Section Date: S~an" '" ' Litsinge~,~ Reviewed By: Comprehensive Planning Section Date: ,,~ Approved BY~irector Planning Services Department Date: Dunnuck, Interim Administrator Community Development and Environmental Services Division ORDINANCE NO. 2001- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP AND MAP SERIES; AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., 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 WHEREA,~. 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, Anthony P. Pires Jr., of Woodward, Pires & Lombardo, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Citrus Grove Partners, et al, have submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and the Golden Gate Area Master Plan Element text for clarification of permitted uses within the Settlement Area District, located on the east side of Immokalee Road, the north side of Randall Boulevard, bisected by Oil Well Road, and commonly known as · the Orange Tree PUD; and WHEREAS, Richard D. Yovanovich, Attorney at Law, of Goodlette, Coleman & Johnson, P.A., and William L. Hoover, AICP, of Hoover Planning & D~velopment, Inc., representing Vanderbilt Beach Road Land Trust and Bucks Run Land Trust, have submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element by adding a new subdistrict to the Urban Mixed Use District, entitled the "Vanderbilt Beach/Collier Boulevard Commercial Subdistrict" located at the northwest quadrant of Vanderbilt Beach Road Extension and Collier Boulevard and on the east side of Collier Boulevard and north of Kingsville Road; and WHEREAS, Bruce Anderson, Esq., of Young, Van Assenderp, and Varnadoe and Anderson, P.A., representing C. Allen Kann, has submitted an application to the Collier'County Pla. pning Services Department to amend the Future Land Use Element by adding a new subdistrict to the Urban Commercial District, entitled the "Livingston/Pine Ridge Commercial Infill Subdistrict" located on the southeast corner of Pine Ridge Road and Livingston Road; and WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., and Richard D. Yovanovich, Attorney at Law, of Goodlette, Coleman & Johnson, P.A., representing John D. Jassy, contract purchaser, have submitted an application to the Collier County Planning Services Department to amend the Golden Gate Area Master Plan Element by amending the the "CR-951 Commercial In-fill Subdistrict" and adding the designation to property located in Golden Gate Estates at the northwest corner of the Santa Barbara Boulevard/Golden Gl :e Parkway intersection; and Words underlined are additions. Words ~tr'cck t,~.rcugk are deletions AGENDA ITEM NO. MAR 1 3 2001 WHEREAS, the Board of County Commissioners directed staff to amend the text of the Future Land Use Designation Description Section of the Future Land Use Element to modify the definition of "direct principal access" for Travel Trailer Recreational Vehicle Parks; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on November 1, 2000; and WHEREAS, the Department of Community Affairs did review and did not make written objections to these amendments to the Future Land Use Element and Golden Gate Area Master Plan Element to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this Future Land Use Element, Future Land Use Map and Map series, Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map series amendment to the Growth Management Plan on March 13, 2001; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the document entitled Collier County Growth Management Plan Amendment (CP-2000-3, CP-2000~4, CP-2000-5, CP-2000-7 and CP-2000-11) and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on February 15, 2001, and the Collier County Board of County Commissioners held on March 13, 2001; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER' COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN ELEMENT, AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map arid Map series, the Golden Gate Area Master Plan Element, and Golden Gate Area Master Plan Map and Map series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment are attached hereto as E×hibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. 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. Words underlined are additions· Words st:-ack through are deletions AGENDA ITEM No. MAR 1 3 2001 SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2001. A'FI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal suffiency: MARJQ:~IE~ M. STUDENT Assistant County Attorney Adoption Ordinance CP-2000-3, CP-2000-4, CP-2000-5, CP-2000-7 and CP-2000-11 Words underlined are additions. Words :..~--'c- '.1'=cug. are deletions AGENDA ITEM No. MAR 1 3 2001 CP-2000-3 EXHIBIT A FUTURE LAND USE ELEMENT Agricultural/Rural Designation "C. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards." GOLDEN GATE AREA MASTER PLAN Agricultural/Rural Designation "Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD document. Uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses. education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses." 1 [words underlined are added, words s~ are deleted] AGENDA ITEM NO. MAR 1 3 2001 EXHIBIT A Page 1 of 2 CP-2000-4 "Policy 1.1: The URBAN future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subditrict 9. Goodlette/Pine Ridge Commercial Inflll Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Page 18 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION URBAN DESIGNATION Non-residential uses including: Commercial uses subject to criteria identified in the Urban-Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict. URBAN - MIXED USE DISTRICT 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict This Subdistrict is located on the north side of the intersection between the two (2) major roadways of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 48.54 acres of land. On the west side of Collier Boulevard are approximately 33.45 acres and approximately 15.09 acres on the east side of Collier Boulevard. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring residential areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce drivinq distances for neiRhborin,q residents and assist in minimizing the road network required in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. Development intensity for this Subdistrict shall be limited to a maximum of 360,000 square feet of gross leasable floor area. The area west of Collier Boulevard shall be limited to 240,000 square feet of gross leasable floor area and the area east of Collier Boulevard shall be limited tc "A~I::NDA ITEM square feet of gross leasable floor area. ,q l lWords underlined are added, words sir:::!: th:'c~:gh are deleted] MAR 1 3 ZOO1 CP-2000-4 EXHIBIT A Page 2 of 2 Rezonin.qs are encouraqed to be in the form of a PUD zoninq district which must contain development standards to ensure that all commercial uses will be compatible with nei.qhborin.o residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. Retail uses shall be limited to a single-story. Financial services and offices shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from tho Subdistrict boundaries for each foot of building height. Development within the Subdistrict shall be required to have common site, si,qna.qe and buildinq architectural elements. The properties west of Collier Boulevard shall provide for potential interconnection with adiacent properties. B. URBAN COMMERCIAL DISTRICT 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 of Mixed- Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Suddistrict and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. [Words underlined are added, words :true!: thrc'agh are deleted] AGENDA ITEM No. MAR i 3 Z001 EXHIBIT A PETITION CP-2000-01 VANDERBILT BEACH / COLLIER BOULEVARD COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA AGENDA ITEM MAR 1 3 ~001 SUBJECT SITE CP-2000-04 0 lO00 iT. ZOO0 FT. LEGEND SUI~$11~ICT T 46 S T 47 S T 60 S T $1S T 5Z S T li3 S ii AGENDA ITEM No. MAR ! 3 2001 iS CP 2000-05 EXHIBIT A Page 1 of 2 "Policy 1.1 .: The URBAN Future Land Use Desigr ~tion shall include Future Land Use Districts and Subdistricts for: B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livinqston/Pine Ridge Commercial Infill Subdistrict ~. 4__=. Business Park Subdistrict Page 18 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION 1. URBAN DESIGNATION b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban-Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict and Livingston/Pine Ridge Commercial Infill Subdistrict. I. 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 of Mixed- Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict~ Livingston/Pine Ridqe Commercial Infill Subdistrict and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element B. URBAN - COMMERCIAL DISTRICT 3). Livingston/Pine Ridqe Commercial Infill ~ubdistrict This Subdistrict consists of 17.5 acres and is located at the southeast quadrant of Livinqston Road, a collector roadway and Pine Ridge Road, a minor arterial roadway. In addition to use,-, allowed in the Plan, the intent of the Livinqston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner alonq n new collector roadway. The Subdistrict is intended to be compatible with the nei.qhborn¢l commercial, public use and hi,qh density residential properties and will utilize well-planned accesr, points to improve current and future traffic flows in the area. [Words underlined are added, words :tr'.:c!: through are deleted] AGENDA ITEM No. MAR 1 3 2001 CP 2000-05 EXHIBIT A Pa,qe 2 of 2 If permitted by the South Florida Water Manaqement District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south alonq Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoninq action relating to the subject property. Buildinq height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Subdistrict may be comprised of any combination of retail commercial and /or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existinq native veqetation will be preserved alon,q all project boundaries located adjacent to areas zoned a,qricultural. [Words underlined are added, words situs!; thrzugh are deleted] AGENDA ITEM No. MAR 1 3 2001 EXHIBIT "A" PETITION CP-2000-06 LIVINGSTON / P1NE RIDGE COMMERCIAL INFILL DISTRICT COLLIER COUNTY. FLORIDA SUBJECT SITE CP-2000-05 SCAL[ I I I 0 IOO0 FT. 200O FT. AGENDA ITEM No. /~ ,~/ MAR 1 3 2001 LEGEND SUBDISTRICT T 48 S T 47 S 1' 48 $ I 'r 49 S ! 1' 50 $ I T 51 S ~' T 52 S I T 5~ S I AGENDA ITEM NO. MAR 1 3 2001 I $ _J G'ul .f EXHIBIT A Page 1 of 3 CP-2000-7 "Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict URBAN - COMMERCIAL DISTRICTS Activity Center Subdistrict Golden Gate CR 951 Commercial In-fill Subdistrict Commercial Under Criteria Subdistrict Interstate Activity Center Subdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict "2) Golden Gate ~ Commercial In-fill Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill Subdistrict (see Map 4) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: · Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shopping and personal needs, · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be. similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted- October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); c) Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; d) Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; and e) Access to projects shall not be permitted from CR-951; and f) The site shall be limited to thirty-five thousand (35,000) square feet of building area. [words underlined are added, words struck through are deleted] Any project located within the in-fill area at the northwest comer of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: AGENDA ITEM No. MAR 1 3 2001 /? EXHIBIT A Page 2 of 3 2. Land uses shall be restricted to those Permitted Uses listed within the Commercial Professional Zoning District (C-l) as set forth in the Land Development Code in effect as of October 24, 2000, and the following land uses within the Convenience Commercial Zoning District (C-2) as set forth in the Land Development Code in effect as of October 24, 2000: banks; drug stores; hardware stores (exclusive of any outdoor display of merchandise); general merchandise stores; miscellaneous retail services; apparel and accessory stores; business services; paint, glass, and wallpaper stores; security and commodity brokers, dealers and services; sit-down restaurants; and, home furniture, furnishings and equipment stores. 3. Only one (1) free-standine drug store or bank shall be developed on the site and it :ka!! 5e On the western sixty (60) percent of the site, professional and/or medical offices shall comprise a minimum of one-third (1/3) of the gross building area of any multi-tenant facilit~ with retail uses. 5. Sit it-down restaurants shall not: have accessory alcohol sales, b~-/,.r~4,~4~, have drive- through facilities, nor exceed a total building area of gO,q~0 9~500 square feet. A minimum setback of seventy-five (75) feet from the project's northern boundary shall be provided for the bank or drug store principal structure and for a sit-down restaurant principal structure. Should either of these uses have a drive-through roof overhang, a minimum of fifty-five (55) foot setback is required. All other principal structures shall be required to have a minimum setback of one hundred (100) feet. The northern one ~'.:'ndred (!00) seventy-five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. The western sixty (60) percent of the site shall have an outdoor pedestrian-friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 10. A twenty-five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. A miriimum buffer of thirty-five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the proiect's northern boundary.. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern bounda~. Where feasible, existing native vegetation khall be retained within these buffers along the proiect's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner~ and a seven (7) foot wall, fence, or hedge that will, within two 12) years of planting, grow to a minimum height of seven (7) feet and be a minimum of nineLW-fiwAg~ percent opaque. 2 [words underlined are added, words struck through are deleted] NO. MAR 1 3 2001 /¢ EXHIBIT A Page 3 of 3 11. All buildings shall have tile or metal roofs, or decorative parapet walls above the roof line, and buildings shall be finished in light subdued colors except for decorative trim. 12. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35) feet. 13. All lighting facilities shall be architecturally-designed, and limited to a height of twenty-fivc (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses."- 3 [words underlined are added, words struck through are deleted] AGENDA ITEM NO. MAR 1 3 2001 EXHIBIT A PETITION CP-2000J/ GOLDEN GATE COMMERCIAL INFILL DESIGNATION COLLIER C(~UNTY. FLORIDA II I AGENDA ITEM No. MAR 1 3 2001 EXHIBIT "A" GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND BEACH RD / SUBJECT SITE (CP-2000-O?) SR -84 NAPLES IMMOKALEE ROAD 0 WHITE BL'gD R 26E GOLDEN GATE GOLDEN GATE AREA FUTURE LAND USE MAP l RANDALL RANDALL BOULEVARD COMMERCIAL DISTRICT BOULEVARD AGENDA ITEM ~ "°' /2 ,'q / R27E SR NAPLES IMMOKALEE ROAD OIL WELL ROAD BOULEVARD R28E CP-2000-11 EXHIBIT A Page I of 2 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); 4. Child care centers; 5. Community facilities such as churches group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil extraction, and related processing; 9. Agriculture; 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Trcffi',c Circu!ct!c.", E!cmc,",t Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, ':;!th no occc~c po!nrc from !ntor;cn!ng prcpc,"t!cc' provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. I1. AGRICULTURAL/RURAL DESIGNATION The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. The following uses are permitted in this District, subject to the Interim Development Provisions: a. Agricultural uses such as farming, ranching, forestry, bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. AGENDA ITEM [words underlined are added, words ~tr::~!: !brough are deletedl MAR 1_ 3 2001 CP-2000-11 EXHIBIT A Page 2 of 2 · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. Communication and utility facilities, except for central water and sewer facilities as noted above; Migrant labor housing as provided in the Land Development Code; Earthmining, oil extraction and related processing; Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; Industrial uses within the Rural - Industrial District; Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Tra~c Circ'.:'!ct!on E!~mont Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, no ...... points from !nto:";on!ng ..... '*'~" 15rovided the portion of the local ' roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and 3. The use will be compatible with surrounding land uses. 2 [words underlined are added, words :*.r'.:c!: through are deleted] AGENDA ITEM No. MAR 1 3 2001 EXECUTIVE SUMMARY ADOPTION OF CONSOLIDATED IMPACT FEE ORDINANCE OBJECTIVE: To obtain Board of County Commissioners approval and adoption of an ordinance repealing and superceding all of the County's impact fee ordinances. The new Ordinance will be known as the Collier County Consolidated Impact Fee Ordinance. CONSIDERATION: On February 23, 1999 the Board of County Commissioners approved an agreement with Tindale-Oliver and Associates to update the Transportation, Emergency Medical Services and Library Impact Fee rate schedules. On August 3, 1999 the Board approved a contract amendment expanding the scope to include consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manual. This initiative was intended to eliminate inconsistencies in the administrative provisions of the various impact fee ordinances, to clarify impact fee calculation methods, and to implement new procedures where needed. The consultant completed the three fee updates in June 2000 and at that time shifted their focus to the tasks identified in the contract amendment. County staff formed a working group composed of representatives of the Community Development & Environmental Services and Transportation Divisions, the Real Property Department, and the County Attorney's Office to complete the project. In addition to consolidating the various impact fee ordinances into a single document, staff is striving to "tighten up" the ordinance provisions in a number of key areas. The more noteworthy areas proposed to be revised are as follows: 1) Upgrading administrative provisions related to impact fee credits in developer contribution agreements: a) Utilizing the five-year Capital Improvement Element of the Comprehensive Plan as the primary criteria for the issuance of impact fee credits. b) Dedicated land shall be an integral part of and a necessary accommodation to contemplated off-site improvements related to the documented needs of the transportation network~, the water and sewer system or the County's other public facilities. A CGE. NDA ITEM Consolidated Impact Fee Ordinance Page 2 c) The requirements regarding date of valuation currently in the County's Land Development Code have been incorporated into the ordinance so that the date of the contribution, the commencement of construction, land dedication or development order approval which ever occurs first controls. d) Road impact fee credits shall be limited to the threshold amount available per fiscal year which will be determined by the Transportation Division as an annual budget line item; e) More requirements regarding the identification of all owners and opinions of title have been added; f) Impact fee credits shall not be assigned or transferred except by written agreement executed by the County and then only from one development to another development owned by the same developer within the same impact fee district for the same type of public facility impact fee. 2) Upgrading various definitions, for example, the terms "Off-Site Improvements" and "Access Improvements", especially where these terms relate to developer contribution agreements. 3) Refining and standardizing exemptions: a) The exemption for Medical facilities constructed by not-for-profit corporations qualified under I.R.S. Code Section 501(c) (3) has been deleted. b) A building that has been condemned, demolished or deemed unsafe more than seven (7) years before the date a replacement building permit application is first submitted to the County for approval shall not be entitled to any impact fee credit for any impact fee previously paid to the County for that building. c) Adult only communities sh.all be exempt from the Ed'acational Facilities Impact Fee only if there is compliance pursuant to the limiting definition in the ordinance. d) There is no longer an exemption for nonresidential governmental buildings; 4) Updating administrative provisions related to affordable housing as follows: a) Clarified provisions for waivers and deferrals for owner occupied single family and duplex and rental single family and duplex as well as rental multifamily only. b) There is now a provision for fund reimbursement with respect to water and sewer impact fees. Where there is a deferral of less than 7 years, there is a limitation on reimbursement. AGENOA ITEI~ MP.,¢ !3 2001 Consolidated Impact Fee Ordinance Page 3 c) Mortgage subc-dination language has been revised to make clear under what circumstances ,~ubordination is allowed. d) The provision allowing impact fee revenue interest to be used to fund affordable housing waivers and deferrals has been removed to conform with County practices. 5) 6) 7) Defining procedures for assessing impact fees for construction that does not require typical "building permits", such as golf courses. Addition of a 90-day deadline to apply for a refund of impact fees in the event a building permit expires prior to commencement of any part of the development for which the building permit was issued. Failure to timely apply shall waive any fight to a refund. Refining procedures related to alternative fee calculations with particular focus on clarifying when fees that are paid under protest are due, as well as when the supporting studies must be submitted a) The alternative fee calculation must be submitted in a form and based upon local studies acceptable to the County within a definitive timeframe. b) In the event the applicant disagrees with a decision of County staff, the applicant may file a written appeal petition with the Board of County Commissioners not ,later than thirty (30) days after receipt of notice by the County Manager. This review procedure also applies to the foreclosure of lien provisions. 8) Refining procedures for collecting impact fees in default. a) The method of foreclosing and recording liens has been streamlined. b) A provision has been added to allow service of notice of an impact fee statement by any lawful means of delivery rather than only by certified mail; c) The notice of impact fee statement shall inform the owner of the date the impact fee became delinquent and when it will become subject to the accumulation of interest and an additional delinquency fee. Staff briefed the Development Services Advisory Committee (DSAC) on the issues asgociated with the Consolidated Impact Fee Ordinance at their February 7, 2001_ meeting. As of the date of preparation of this executive summary, the DSAC had not made a formal recommendation, but staff will solicit such a recommendation at the committee's March 7, 2000 meeting. Consolidated Impact Fee Ordinance Page 4 Staff briefed the Citizens Productivity Committee on the issues associated with the Ordinance at their February 21, 2001 meeting. The Committee voted unanimously to formally recommend approval by the Board of County Commissioners. FISCAL IMPACT: Impact fee rate schedules are not being updated with this ordinance consolidation project. It is anticipated that the rt:finement of procedures for assessing and collecting impact fees will have a positive effect on revenue receipts. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the Collier County Consolidated Impact Fee Ordinance after due consideration at a public hearing concerning this matter. SUBMITTED/REVIEWED BY: : Phillip R. Tihdali~mp~t Fee Coordinator -- / APPROVED BY: [~/~~~ Date: '~ '~,/ ~hn M. Dunnuck, III, Interim Administrat--~-r- Community Development and Environmental Services Division AG~D,Q:)A ~TEJd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE ORDINANCE NO. 2001 AN ORDINANCE OF COLLIER COUNTY,; 2ORIDA; PROVIDING FOR A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS, PURPOSE, ADOPTION OF IMPACT FEE STUDIES, RULES OF CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR IMPOSITION OF IMPACT FEES, INCLUDING GENERAL REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT, EXEMPTIONS FROM IMPACT FEES, PROVIDING GENERALLY FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR AFFORDABLE HOUSING, AND FOR REIMBURSEMENT OF CERTAIN DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS, INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT PROCEDURES; PROVIDING FOR SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW, AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, AND IMPACT FEE RATES, AND ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND 'RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES, EDUCATIONAL, CORRECTIONAL AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODIC REVIEW AND UPDATE; PROVIDING FOR INCORPORATION OF ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FOR DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR REPEAL OF SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I GENERAL Sections 74-1 through 74-99. Reserved. Section 74-100. Repeal of Ordinances. On the effective date of this Ordinance the following Collier County Ordinances were repealed and superceded in their entirety: Number 98-69, as amended, the Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance 99-39, the Collier County Parks No, 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ordinance No. and Recreational Facilities Impact Fee AGENDA 1TF..IM ! Ordinance; Ordinance No. 91-71, as amended, the Collier County Emergency Medical 2 Services System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier 3 County Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier 4 County Educational Facilities Systerr Impact Fee Ordinance; and Collier County 5 Ordinance No. 99-52, as amended, the Collier County Correctional Facilities Ordinance; 6 and Collier County Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact 7 Fee Ordinance. $ Section 74-101. Short Title. 9 This chapter shall be known and may be cited as the "Collier County !0 Consolidated Impact Fee Ordinance" or the "Collier County Impact Fee Regulations." 11 Section 74-102. Authority. ].2 The Board has authority to adopt this chapter pursuant to its home rule powers !3 under Article VIII, Section l(f), of the Florida Constitution, Chapter 125, Florida 14 Statutes, Chapter 163, Part II, Florida Statutes, and the County's Comprehensive Land 15 Use Plan. ].6 Section 74-103. Applicability. 17 This chapter shall apply to the unincorporated area of Collier County, Florida, 18 and to all incorporated areas of Collier County to the greatest extent authorized by 19 Article VIII, Section l(f) of the Florida Constitution and as described herein or in any 20 intergovernmental or interlocal agreements. 21 Section 74-104. Findings. 22 It is hereby ascertained, determined and declared: 23 A. The Florida Legislature has adopted growth management legislation which 24 requires local governments to plan for and provide for capital infrastructure facilities and 25 services. 26 B. Development necessitates additional specified Public Facilities and such 27 Development must contribute ils fair share toward the costs of funding improvements 28 and additions to such specified Public Facilities. 29 C. Implementation of the Impact Fee to require future Development to 30 contribute its fair share of the cost of improvements and additions to the specified 31 Public Facilities is an integral and vital element of the regulatory plan of growth 32. management by the County. 33 D. The' level of service standards for the Public Facilities as adopted in the 34 Collier County Comprehensive Plan, and as may hereafter be amended from time to 35 time, are controlling upon this chapter and are incorporated throughout this chapter. 30 E. Capital planning is an evolving process and the level of service standards for 37 the Public Facilities constitutes a projection of anticipated need for Public Facilities, 38 based upon present knowledge and judgment. Therefore, in recognition of changing 39 growth patterns and the dynamic nature of population growth, it is the intent of the 40 Board that the level of service standards for the Public Facilities and the Impact Fee 41 imposed should be reviewed and adjusted periodically, pursuant to Section 74-502 A~A ITEM 6 7 8 9 10 11 12 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 4O 41 42 herein, to try to insure that the Impact Fees are imposed equitably and lawfully and are based upon actual and anticipated growth at the time of their imposition. F. The imposition of the Impact Fee is to provide a source of revenue to fund the construction or improvement of the Public Facilities necessitated by growth. G. The Board finds that the specif.ied Public Facilities benefit all residents of the County and, therefore, the Impact Fee shall be imposed in all areas of the County, including throughout the unincorporated area and also within municipal boundaries to the extent specified in this chapter. H. This chapter is not intended to, and shall not be construed to, permit the collection of Impact Fees from Development in excess of the amount reasonably anticipated to offset the reasonably allocated demand on each of the specified Public Facilities generated by the respective Development. I. All improvements and additions to the specified Public Facilities needed to eliminate any deficiency between the existing level of service of the specified Public Facilities and the adopted level of service standards, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for capital improvements and additions to the Public Facilities which are reasonably determined to be caused by the impacts of new Development. Section 74-105. Purpose. It is the purpose of this chapter (1) to plan for the necessary capacity expansion of the Public Facilities; (2) to provide for the health, safety, welfare and economic well- being of the residents of, and visitors to, Collier County consistent with the mandated responsibility of the County pursuant to Section 163.3161, e__t seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and Section 125.01 et seq., Florida Statutes; (3) to implement and be consistent with the Collier County Comprehensive Plan and the Florid. a Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, e._t seq., Florida Statutes; (4) to require all Development that places additional demand on the Public Facilities to contribute its proportionate share of the funds, land or Public Facilities to accommodate any impacts having a rational nexus to the proposed Development and for which the need is reasonably attributable to the proposed Development; and (5) to ensure that no funds, land or Public Facilities are collected from new Development in excess of the actual amount reasonably determined necessary to' offset the demand on the Public Facilities generated by new Development. This chapter is intended to be consistent with the principles applied to allocate a fair share of the cost of new Public Facilities to new users and new Development as established in Florida Statutes or applicable judicial decisions, or both. Section '/4-106. Adoption of/mpact Fee Studies. The Board hereby adopts and incorporates by reference the following studies with regard to the respective Public Facilities: A. Transportation Facilities: "Collier County Transportation impact Fee - 1991 Update Study" dated April 1992 prepared by Tindale-Oliver & Associates, Inc., as 3 t supplemented by "Collier County 1999 Transportation Impact Fee - Update Study 2 (January 14, 2000)" prepared by Tindale-Oliver & Associates, Inc.; 3 B. Water and Sewer Facilities: "Collier County Growth Management Plan," as 4 amended (February, 1991); "The Water Master Plan Update" prepared by Camp, 5 Dresser & McKee, Inc. (1996), as amended; "The 201 Facilities Plan Update" prepared O by Camp, Dresser & McKee, Inc. (1997), as amended; "Water & Sewer Impact Fee 7 Study" prepared by Agnoli, Barber & Brundage, Inc. (1997), as amended; 8 C. Parks and Recreational Facilities: "Impact Fees for Parks and Recreational 9 Facilities for Collier County, Florida," prepared by Henderson, Young & Company to (March 18, 1999); l! D. Library Facilities: "Library Facilities and Items Development Impact Fee t2 Update Study, Collier County, Florida," prepared by Growth Management Specialists, t~, Inc. (June 27, 2000); 14 E. Emergency Medical Services: "Emergency Medical Services Development ].5 Impact Fee Updated Study, Collier County, Florida," prepared by Growth Management lb Analysts, Inc. (June 27, 2000); J? F. Educational Facilities: "Impact Fees for Educational Facilities in Collier tS County, Florida," prepared by Henderson, Young & Company (May 13, 1992), as 19 amended, and the "Collier County School Board 5-Year Capital Outlay Summary"; 20 G. Correctional Facilities: "Rate Study for Impact Fees for Correctional Facilities 2! for Collier County, Florida," prepared by Henderson, Young & Company (April 26, 22 1999), as amended; and 23 H. Fire Facilities: "Isle of Capri Fire District and Ochopee Fire District Fire Impact 24 Fee Study dated July 30, 1997," prepared by Fishkind & Associates, Inc. (July 30, 25 1997), as amended. 26 The foregoing studies are hereby adopted in their entirety, as well as any updates or 27 supplements thereto, including the assumptions, conclusions and findings in such 28 studies and their amendments. 29 Section 74-107. Rules of Construction. 30 For the purposes of administration and enforcement of this chapter, unless 3! otherwise stated in this chapter, the following rules of construction shall apply: 32 A. In case of any difference of meaning or implication between the text of this 33 chapter and any caption, iljustration, summary table, or iljustrative table, the text shall 34 control. 35 B. The word "shall" is always mandatory and not discretionary and the word 36 "may" is always permissive. 37 C. Words used in the present tense shall include the future; words used in the 38 singular shall include the plural and the plural the singular, unless the context clearly 39 indicates no such intention; and use of the masculine gender shall include the feminine 40 gender. 4! D. The phrase "used for" includes "arranged for," "designed for," "maintained 42, for," or "occupied for." 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24' 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 E. Unless the context clearly indicated the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: 1. "And" means that all the connected terms, conditions, provisions or events shall apply. 2. "Or" means that the connected items, conditions, provisions or events may apply singly or in any combination. 3. "Either...or" means that the connected items, conditions, provisions or events shall apply singly but not in combination. 4. "And/or" means the referenced items, conditions, provisions or events may apply wholly independently of one another, or in combination. 5. The word "includes" shall not limit a term to the specific example(s) but is intended to extend its meaning to all other instances or circumstances or like kind or character. F. "Person who" means "entity that" if the Person is not an adult individual. G. Time Periods, calculation of: All time periods throughout this Chapter shall be calculated on a day-by-day basis, including Saturdays, Sundays and holidays. The date of receipt of any "notice" or the date of the Board's decision shall be excluded from the calculation and in the event that the controlling due date falls on a Saturday, Sunday or a legal holiday, the due date shall automatically be extended to 5:00 p.m. of the County's next business day. H. In the event of a conflict between the General Definitions section and the adopted Impact Fee Rate Schedules, the Rate Schedules shall control. Section 74-108. General Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms contained in Article III or the Rate Schedules supercede these general definitions to the extent of any conflict(s). ,,Access Improvements" shall mean improvements designed and constructed to provide safe and adequate ingress and/or egress to and/or from the respective Development, which include, but are not limited to, rights-of-way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes; - traffic control devices, signage and markings, drainage facilities, and utility facilities. An access improvement is a site related improvement. ,,Accessory Building or Structure" shall mean a detached, subordinate structure, the use of which is clearly indicated and related to the use of the principal Building or use of the land and which is located on the same lot as the principal Building. Plumbing in the Accessory building or structure may render same to be subject to water and/or sewer Impact Fees. ,,Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)" shall mean facilities that consist of one or more (not limited to multi-unit buildings) multi- unit buildings designed for elderly living. They may also contain dining rooms, medical ! facilities, and recreational facilities. The primary characteristics that distinguish ACLF's 2 from Nursing Homes is the ability of the residents to care for themselves. ACLF's may 3 include private homes, boarding homes and other places that undertake to provide, for 4 a period exceeding twenty-four (24) hours at a time, food and other personal services 5 for four or more adults not related to the owner, who require such services and may 6 provide limited nursing services, when specifically licensed to do so pursuant to section 7 400.407, Florida Statutes. $ ,,Adults Only Community" shall mean a community or development in which 9 the residents can only be above the age of eighteen years and is evidenced by 10 recorded permanent age restrictions which cannot be changed by a simple vote of the ! ! residents. 12 ,,Affordable Housing" shall mean a Dwelling Unit which is offered for sale or 13 rent for an amount which is within the standards set forth and established in Article IV of 14 this chapter. 15 ,,Agriculture" shall mean a land use resulting in products that require little or no 16 processing after the production or harvest stage in order to ready the product for sale, 17 including but not limited to produce, fruits, trees, shrubs, ornamental plants, honey and 18 nuts. t9 ,,Alteration" shall mean any change in size, shape, occupancy, character, or 20 use of a building or structure. 21 "Alternative Impact Fee" shall mean any reduction in Impact Fee approved by 22 the County Manager pursuant to Section 74-204. 23 ,,Applicant" shall mean the Person who applies for a Building Permit, 24 Development Order, Development Permit, or other' approval, permission or 25 authorization for Development. 26 ,,Appraisal" shall mean a real estate appraisal prepared in accordance with the 27 "Uniform Standards of Professional Appraisal Practice" (published by the Appraisal 28 Standards Board of The Appraisal Foundation) by an MAI-certified appraiser authorized 29 to practice in the State of Florida. 30 -Auto Repair/Body Shop/Automobile Care Center" shall mean an 3! establishment that houses numerous businesses that provide automobile-related 32 servioes, such as repair and servicing, stereo installation, and seat covering 33- upholstering. 34 "Average Trip Length/Trip Length" shall mean the average daily trip length for 35 the applicable Trip generation Land Use Category on the Collector or Arterial road 36 system. 37 "Bank/Savings (drive-thru)" shall mean drive-in banks which provide banking 38 facilities for the motorist while in a vehicle and may also serve patrons who walk into the 39 building. The drive-in lanes may or may not provide automatic teller machines. AC,~ ITEM t ,,Bank/Savings (walk-in)" shall mean free-standing buildings with their own 2 parking lots and which do not have drive-in windows. These banks may or may not 3 contain automatic teller machines (ATMs). 4 ,,Bar/Lounge" shall mean a drinking place that contains a bar where alcoholic .5 beverages are served or consumed, and possibly provides some type of entertainment 6 such as music, television screens, video games, or pool tables. 7 "Board" shall mean the Board of County Commissioners of Collier County, $ Florida, including when acting in an ex-officio capacity. 9 ,,Building" shall mean any tangible thing, with or without walls, constructed on 10 the site, installed on the site, or placed on the site, to support, shelter or enclose 11 Persons and/or support, shelter or enclose tangible property, and the use of the 12 "Building" is deemed to create demand upon, or increase demand upon, one or more of 13 the specified Public Facilities. "Building" includes parking lots and other foundations, ~.4 permanent and semi-permanent tents, sheds, trailers, mobile homes, and vehicles that 15 shall in any way function as a Building. Except in regard to water and/or sewer Impact 16 Fees, "Building" excludes temporary construction sheds that are to be used temporarily 17 to assist in construction at the site. "Building" excludes tents erected for less than 15 approximately sixty (60) days for the temporary selling of seasonal items such as 19 Christmas trees or Fourth of July fireworks. "Building" includes additions to a Building, 20 such as adding a new room, or enlargement of a then existing room. 2t ,,Building Permit" shall mean an official document issued bY the County which 22 authorizes placing a Building on the site, including, but not limited to, by construction or 23 installation occurring on the site and including, but not limited to, an item that is 24 complete or substantially complete prior to its being placed on the site, such as a 25 manufactured home or a communications tower that was substantially constructed 2.6 elsewhere. For purposes of this chapter, "Building Permit" shall include tie-down 27 permits for Buildings, such as for a mobile home, or other approvals that do not require 28 any other type of permit before the respective item may lawfully be occupied, used or 29 operated. "Building Permit" when used in the context of the use of land (or water) and 30 in situations where a typical, conventional ~ermit is not issued by the County for the 3! respective improvement or use, such as for a golf course, means whatever is the last 32. written approval or permission issued by the County to authorize the respective 33 improvement. 34 ,,Business Park" shall mean a group of flex-type or incubator one or two-story 35 buildings served by a common roadway system. The tenant space is flexible and lends 36 itself to a variety of uses; a garage door usually serves the rear side of the building. 37 Tenants may be start-up companies or small mature companies that require a variety of 38 spaces. The space may include offices; retail and wholesale stores; restaurants; 39 recreational areas; and warehousing, manufacturing, light industrial, or scientific 40 research functions. The average mix is 20 to 30 percent office/commercial and 70 to 41 80 percent industrial/warehousing. A GEJ,,t~,~ ITEJ,,~ ! ,,Car Dealerships/New & Used Auto Sales" shall mean a land use providing 2 for automobile mechanical services, automobile body repair, parts and sales. Used car 3 sales, leasing options and truck sales and servicing may also be available. 4 ,,Church" shall mean an institution that people regularly attend to participate in $ or hold religious services and other related religious activities. Other religious activities O that may be conducted by churches or places of religious worship include on-site child 7 care for use during religious services, and studies involving religious instruction, but $ shall not include schools, temporary or permanent dwellings, or other activities not 9 directly related to religious practices. 10 ,,Collier County Water-Sewer District" shall mean a political subdivision of the l! State of Florida, whose governing body is Ex-Officio The Board of County !2 Commissioners of Collier County, Florida. !3 "Collier County Water-Sewer District Meter Size" shall mean the water meter !4 size as determined pursuant to any County ordinance. 15 ,,Comprehensive Plan" shall mean the Comprehensive Plan of the County 16 adopted and amended pursuant to the Local Government Comprehensive Planning and ]7 Land Development Act as contained in Part II of Chapter 163, Florida Statutes, or its 1 $ successor in function. !9 ,,Condominium" shall mean a single-family or time-sharing ownership unit that 20 has at least one other similar unit within the same building structure. The term 2! Condominium includes all fee simple or title multi-unit structures, !ncluding townhouses 22 and duplexes. 23 ,,Contribution" shall mean the actual construction, installation or improvement 24 of a Public Facility or pod!on thereof or addition thereto for the benefit of the County, 25 such as a road or a sewer or water facility. 26 ,,Convenience Store" shall mean a store open a minimum of 15 hours per day 27 and which sells convenience foods, newspapers, magazines and often beer and wine 28 and does not have gasoline pumps. 29 ,,Convenience Store with Gas Pumps" shall mean convenience store which 30 sells gasoline, convenience foods, newspapers, magazines, and often beer and wine. 31 This land use includes convenience markets with gasoline pumps where the primary 32 business is the selling of convenience items, not the fueling of motor vehicles. This 33 includes a service station with a convenience store that sells gasoline and convenience 34 store items, with or without a car wash. 3.5 ,,County" shall mean Collier County, a political subdivision of the State of 36 Florida, and shall include any Utility District and any other County Dependent District 37 that now or hereafter assesses any Impact Fee. 35 ,,County Attorney" shall mean the individual appointed by the Board of County 39 Commissioners to serve as its counsel, or the designee of such Attorney. 40 ,,County Manager" shall mean the chief administrative officer of the County, 4! appointed by the Board of County Commissioners, or the designee of such officer. 8 I3 2001 I ,,Date of Value" shall mean, for purposes of determining a developer 2 contribution credit, the market value of the contribution as of the date of the 3 contribution; date of commencement of construction; date of land dedication; or, for 4 dedications, the day before the development order approval (zoning amendment, site 5 plan approval, PUD approval, or other development order approval) wherein the 6 contribution, construction or land dedication was proffered or required; whichever 7 occurs first. $ ,,Day Care" shall mean an establishment which provides for the care, protection, 9 and supervision of at least three (3) children for a period of less than 24 hours a day on 10 a regular basis, which supplements parental care, enrichment, and health supervision 1! for the child, in accordance with his individual needs, and for which a payment, fee or 12 grant is made for care. The facility generally includes classrooms, offices, eating areas, 1~ and a playground. The definition includes such terms as day nurseries, day care !4 service, day care agency, nursery school, or play school. The term does not include !5 summer camps or family day care homes. 16 ,,Dedication" shall mean the conveyance or donation of land or an interest in 17 land to the County. !8 ,,Development" shall mean any installation, siting, construction, use of land, or t9 other ,activity or improvement, or any additional square footage (area) of a then existing 20 Building or use, or any net increase in the size or use of a then existing Building or land, 21 in a manner that is deemed to increase the demand for, or impact upon, any Public 22 Facility. 23 ,,Duplex" shall mean a single, free-standing, conventional Building on a single 24 lot which contains only two dwelling units and ~s intended, designed, used and occupied 25 as two dwelling units under single ownership, or where each dwelling unit is separately 26 owned or leased but the lot is held under common ownership. For the purpose of this 27 chapter and assessment of impact fees a duplex will be considered under the definition 28 of Condominium. A duplex may also be referred to as a Single-family attached dwelling. 29 Please refer to definition of Condominium. 30 "Dwelling Unit" shall mean a Building or portion of a Building designated for or 3! whose primary purpose is for residential occupancy, and which consists of one or more 32 rooms which are arranged, designed or used as living quarters for one or more 33 persons. A Dwelling Unit must contain, as an integral part therein, sleeping quarters, 34 toilet/bathing facilities and a primary kitchen. 35 ,,Elementary School" shall mean a school typically serving students attending 36 kindergarten through the fifth or sixth grade. Elementa.ry schools are usually centrally 37 located in residential communities in order to facilitate student access, and they have 38 no student drivers. This land use consists of public schools where bus service is 39 usually provided to students living beyond a specified distance from the school. 40 "Encumbered" shall mean monies committed by law, contract or purchase 4! order, or any impact fees pledged for bond repayment, or otherwise pledged or HAR 13 ! committed in a manner that obligates the County to expend the encumbered amount 2 upon delivery of goods, the rendering of services or the conveyance of real property 3 provided by a vendor, supplier, contractor, or Owner. 4 ,,Equivalent Residential Connection (ERC)" shall mean, with regard to water 5 and sewer service, the equivalent gallonage usage requirements of a single-family 6 residential customer. For the purposes of this chapter an ERC will have an assigned 7 value of 1.0. The ERC gallonage shall be based upon statistical data accepted by the 8 County establishing an average residential use and it is recognized that the usage for 9 some types of residential units may be greater or smaller than the average assumed for tO this calculation and the ERC may change from time to time based upon the rates ! ! calculated in the most recent Impact Fee Study. !2 ,,External Trips" shall mean any trip, which either has its origins from, or its t3 destination to the Development and which impacts the Transportation Network. t4 ,,Florida Local Government Development Agreement Act" shall mean the !5 provisions of F.S. Sections 163.3220--163.3243, as amended or supplemented, or its t6 successor in function. !7 ,,Functional Resident Population" shall mean the number of full-time 18 equivalent people in a geographic area or site. Such populations can be measured on 19 a 24-hour basis (24 hours each day, seven days each week) or on a daytime basis (16 20 hours each day, seven days each week). Functional residents allow one to (a) 21 measure the level of service on an area-wide basis and/or (b) estimate demands for 22 facilities generated by a particular land use. 22, ,,General Industrial/Industrial" shall mean a use for the purpose of basic 24 processing and manufacturing of materials or products predominately from extracted or 25 raw materials, or a use for the purpose of the storage of, or manufacturing processes 26 using flammable or explosive ma:terials, or storage or manufacturing processes that 27 potentially involve hazardous or commonly recognized offensive conditions; also a use 28 for the purpose of the manufacture, predominantly from previously prepared materials, 29 of finished products or parts, including processing, fabrication, assembly, treatment, 2,0 packaging, incidental storage, sales, and distribution of such products, but excluding 2,1 basic industrial processing. 32 ,,Golf Course" shall mean the geographic area designed and/or used for 33 Playing the game of golf, including fairways, greens, tees, and clubhouse with or without 34 bar and banquet facilities. 35 ,,GovernmenUPublic Building" shall mean a local, state and/or federally 2,6 owned or leased and operated government facility. 37 ,,Guesthouse or Cottage" shall mean a dwelling unit which might or might not 2,8 include cooking facilities, which is incorporated, attached to, or detached from 2,9 principal dwelling; and which is used exclusively for the noncommercial accommodatior~ 40 of friends or relatives of the occupant or the owner of the principal dwelling. Th 41 guesthouse/cottage may only be forty percent (40%) of the living area (under air) of th ~,~ ? 1 3 200] 10 ~, p~,._. I primary dwelling. For the purpose of assessing water and/or sewer impact fees 2 guesthouse or cottage shall be assessed at multi-family rate unless the rate schedule 3 expressly provides otherwise. 4 ,,High School" :-hall mean a school which serves students who have completed $ middle school or junior high. 6 ,,High-rise Condominium" shall mean residential condominiums or townhouses 7 that are located in buildings with three or more levels (floors). $ ,,Home Improvement Superstore" shall mean freestanding warehouse type 0 facilities with off street parking. Home improvement superstores generally offer a 10 variety of customer services and centralized cashiering, and they specialize in the sale 1 ] of home improvement merchandise. They typically maintain long store hours seven ~.2 days a week. Examples of items sold in these stores include lumber, tools, paint, t3 lighting, wallpaper and paneling, kitchen and bathroom fixtures, lawn equipment, and 14 garden plants and accessories. The stores included in this data are often the only ones t5 on the site, but they can also be found in mutual operation with a related or unrelated t6 garden center. Home Improvement Superstores are also sometimes found as separate t7 parcels within a retail complex with their own dedicated parking. The buildings ]8 contained in this land use usually range in size from 25,000 to 150,000 square feet of t0 gross, floor area. Building materials and lumber store is a related field. 20 ,,Hospital" shall mean a building or group of buildings having facilities for 21 overnight care of one or more human patients, providing services to inpatients and 22 medical care to the sick and injured, or medical centers which offer primary and urgent 23 care treatment for all types of injuries and traumas, and which may include as related 24 facilities: laboratories, outpatient services, training facilities, central service facilities, 25 and staff facilities; provided, however, that any related facility shall be incidental and 26 subordinate to principal hospital or medical center use and operation. 27 ,,Hotel" shall mean a facility offering transient lodging accommodations normally 28 on a daily rate to the general public and typically providing accessory uses, such as: 29 restaurants, meeting rooms and recreational facilities. Hotels are different than motels 30 in that each room does not have a separate entry directly from the outside of the 3~ building but rather entry is gained through the interior of the building through a lobby. 32 For the purposes of calculating water and sewer impact fees, a hotel and resort hotel 2,3 - are considered to be non-residential uses. 34 -Impact Fee" shall mean the fee imposed by the County pursuant to Section 35 74-201 or, if applicable, the Alternative Impact Fee. 36 ,,Impact Fee Rate" shall mean the formula or calculation that when applied to 37 the respective Development determines the applicable Impact Fee that results because 38 of the impacts deemed by this chapter to be applicable to the respective Public Facility 39 caused by particular Development. 40 "Impact Fee Study" shall mean a report of the findings of reSearch and analysis 41 conducted to develop fees assessed on new development that represent the fair share 11 2001 ! cost of the expansion of public facility infrastructure made necessary by that new 2 development. The report describes the methodology used to develop the fees and :3 presents the formulas, variables and data used as the basis of the fees. 4 ,,Junior/Community College" shall mean two-year junior colleges or 5 community colleges which are generally separated from other land uses and have 6 exclusive access points and parking facilities. ? "Living Area" shall mean actual square footage which could be air conditioned 8 or heated spaces contained under roof, or areas under roof, except garages, that are p normally protected against exterior elements. tO ,,Local Government Comprehensive Planning and Land Development 1! Regulation Act" means the provisions of Chapter 163, Part II, Florida Statutes (1999), 12 as amended or supplemented, or its successor in function. 13 ,,Market Value" shall mean the most probable price for which a given property ]4 would sell, given adequate exposure in an open and competitive market, where both ]5 buyer and seller were knowledgeable, prudent and acting in their own self interests, ]b with neither party being under undue stimulus to act, nor having an affiliation with one ]7 another, where payment is made in terms of cash in United States dollars (or in terms ]8 of financial arrangements comparable thereto), and where the price is unaffected bY ]9 special or creative financing or sales concessions granted by any party associated with 20 the sale. 21 ,,Marina" shall mean a non-residential boating facility, chiefly for recreational 22 boating, located on navigable water frontage, and providing all or any combination of 23 the following: boat slips or dockage, dry boat storage, small boat hauling or launching 24 facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, 25 restaurants, boat and boat motor sales, and rentals. Minor boat, rigging and motor 26 repair which is incidental to the principal marina use is generally permitted, but no boat 27 construction or reconstruction is permitted. A boat sales lot is not a marina. 28 ,,Medical Office" shall mean office space utilized for administering human 29- medical and health related services, including outpatient clinics incidental to such 30 offices. Medical office uses shall include medical doctors, dentists, psychiatrists, 3]. optometrists, osteopaths, chiropractors, naturopaths, nurse practitioners, health 32 maint(~nance organizations and similar professional and group practices, which are 33 ' regulated by the State of Florida. 34 ,,Middle School" shall mean a school serving students who have completed 35 elementary school and have not yet entered high school. 36 ,,Mini-Warehouse'' shall mean buildings in which a number of storage units or 37 vaults are rented for the storage of goods. Each unit is physically separated from other 35 units, and access is usually provided through an overhead door or other common 39 access point. 40 ,,Mixed Use Development" shall mean a Development in which more than one 41 impact fee land use category is contemplated with each category constituting a ]2 ! separate and identifiable enterprise not subordinate to, or dependent on, other 2 enterprises within the Development. 3 "Mobile Home" shall mean a detached dwelling unit with all of the following 4 characteristics: (a) designed for occupancy and conta~ .lng sleeping accommodations, a 5 flush toilet, a tub or shower and kitchen facilities with plumbing and electrical 6 connections provided for attachment to outside systems; (b) designed for transportation 7 after fabrication on streets or highways on its own wheels; and (c) arriving at the site 8 where it is to be occupied as a dwelling complete, including major appliances and 0 furniture, and ready for occupancy except for minor and incidental unpacking and JO assembly operations, location on jacks or other temporary or permanent foundations, ! t connection to utilities and the like. Although a travel trailer, recreational vehicle, or park 12 model is not generally considered a mobile home, the applicable Impact Fee in some 12, instances may be the same as for a mobile home. For the purposes of computing the ]4 Impact Fee, a mobile home on a single-family lot (i.e., not located in a mobile home or ]5 similar park) shall be considered a Single Family Detached House. t6 ,,Modular Home" shall mean a dwelling unit, constructed as a total entity or in 17 pads of a total entity, which is constructed other than on the Building Site which is then t8 moved to and erected on the Building Site. A mobile home is not considered a modular ]9 home unless its maker's name appears on the approved listing of such construction in 20 the State of Florida. For the purposes of computing the Impact Fee, a modular home 2! shall be considered a Single-Family Detached House. 22 ,,Motel" shall mean a facility offering transient lodging accommodations normally 23 on a daily basis and at a daily rate for automobile travelers and typically providing 24 parking adjacent to each sleeping room. Accessory uses may be provided, such as: 2.5 restaurants, meeting rooms and recreational facilities. Motels are different than hotels, 26 in that each motel room has a separate entry directly from the outside of the building 27 while hotel guests gain entry to their room through the interior of the building through a 28 lobby. For the purpose of calculating water and sewer impact fees, a Motel is 29 considered a non-residential use. 30 "Movie Theater" shall mean a bulk:ling with an area of audience seating, single 31. or multiple screens and auditoriums, a lobby, and a refreshment stand. .32 ,,Multiple Family Dwelling Units" shall mean a group of two or more Dwelling 33 Units-within a single conventional building, attached side by side or one above the 34 other, or both, and wherein each Dwelling Unit may be individually owned or leased 35 mutually on land which is under common or single ownership. For purposes of 36 determining whether a lot is in multiple family uses, the following considerations shall 37 apply: 38 A. Multiple-Family Dwelling uses may involve Dwelling Units intended to be 39 rented and maintained under central ownership and management, or cooperative 40 apadments. It may include the fee ownership of land beneath each Dwelling Unit 41. following development from a common base of ownership. 13 ] B. Any Multiple-Family Dwelling in which Dwelling Units are available for rental 2 for periods of less than one week shall be considered a tourist home, a motel, motor 3 hotel or hotel, as the case may be. 4 C. For the purpose of calculating wa;er and/or Sewer Impact Fee, the following 5 shall be considered to be multiple family dwelling units: guesthouse, servants' quarters, 6 in-law apartment, townhouse and adult congregate living facility. 7 ,,Net New Trip" shall mean the average daily External Trip, as adjusted by the 8 applicable Impact Fee Study. 0 "Non-Residential" means commercial, motel/hotel, or any other development 10 that does not qualify as "Residential." Nursing homes are considered to be non- 1 ! residential unless a Rate Schedule expressly provides otherwise. t2 ,,Nursing Home" shall mean a facility whose primary function is to care for 13 persons who are unable to care for themselves, including rest homes (primarily for the 14 aged) and chronic and convalescent homes. 15 ,,Off-site Improvements" shall mean improvements located outside of the lb boundaries of a Development, except for those Public Facilities that are located within 17 the boundaries of the development that are owned and maintained by the County, !.8 which may be required by the County and includes on-site roadways that are part of the t0 five-ye, ar Capital Improvement Element or dedicated right-of-way in excess of providing 20 on-site improvements required by local regulations, rules or ordinances. 21 ,,Office" shall mean a building or portion of a building wherein services are 22 performed involving predominantly administrative, professional or clerical operations. It 23 is a characteristic that retail or wholesale goods are not shown to or delivered from the 24 premises to customers. 2.5 ,,On-site Transportation Improvements" shall mean, for purposes of 2~ contribution credit exclusion, a minimum sixty (60) feet of dedicated right-of-way and 27 sub-base, base and pavement required for two (2) lanes constructed to local standards 28 in an urban configuration. 29 ,,Owner" shall mean the Person(s) who, or that, owns legal title to the real 30 property upon which development is prop(Jsed to occur. Owner includes every co- 3! owner; such as property owned in tenancy by the entireties, joint-tenancy, tenants in 32 common, or by more than one trustee. 33 ',,Person" shall mean an individual, a corporation, a partnership, an incorporated 34 association, trust or any other similar entity. An "individual" means a human being. 35 ,,Pharmacy or Drug Store" shall mean retail facilities that primarily, sell 36 prescription and non-prescription drugs. These facilities may also sell cosmetics, 37 toiletries, medications, stationary, personal care products, limited food products, and 38 general merchandise. The drug stores in this category may contain drive-through 39 windows. 40 ,,Professional Engineer" shall mean one who is licensed by the State of Florida 4! as a professional engineer. 14 t ,,Public Facilities" shall mean the following publicly-owned facilities and 2 services provided by Collier County or pursuant to an interlocal agreement with Collier 3 County: (1) Transportation systems, facilities and services; (2) Water and Sewer 4 systems, facilities and services; (3) Parks and Recreational systems, facilities and .$ services; (4) Library systems, facilities and services; (5) Emergency Medical systems, 6 facilities and services; (6) Educational systems, facilities and services; (7) Correctional 7 systems, facilities and service; and (8) Fire systems, facilities and services. $ "Public Utilities Administrator" shall mean the individual appointed by the ~) Board or the County Manager to supervise the administration, operations and/or J. 0 acquisitions of the County's Regional Sewer System and/or Regional Water System, ! t the Goodland Water System, the Collier County Water-Sewer District, and/or any other t2 similar Utility system owned by the County and which now or in the future assesses any 1~ Utility Impact Fee. 1.4 ,,Quick Lube" shall mean a quick lubrication vehicle shop is a business where ]5 the primary activity is to perform oil change services for vehicles. Other ancillary 16 services provided may include preventative maintenance, such as fluid and filter 17 changes. Automobile repair service is generally not provided. 18 ,,Recreational Vehicle (RV) Park" shall mean a facility for the siting of 1.9 recreational vehicles, travel trailers, or park models and which may have common 20 facilities such as recreational rooms, swimming pools and laundry facilities. 21. "Recreational Vehicle (RV)/Travel Trailer/Park Model" shall mean a vehicular, 22 portable structure built on a chassis, designed to be used as a temporary dwelling. 23 Although travel trailer, recreational vehicle or park model is not generally considered a 24 mobile home, the applicable Impact Fee in some instances may be the same as for a 25 mobile home. 26 "Regional Sewer Systems".,s. hall mean the wastewater or sewer utility system 27 directly connected to treatment facilities operated by the Collier County Water-Sewer - 25 District, or Collier County, or both. 29 "Regional Water Systems" shall mean the potable water utility system directly 30 connected to treatment facilities operated by the Collier County Water-Sewer District, or 2,1. Collier County, or both. 32 ,,Residential" shall meai~ Apartments, Condominiums, Duplex Dwellings, 33 Garden Apartment Dwellings, Modular Home Dwellings, Multiple-Family Dwellings, 34 Townhouse DWellings, Mobile Homes, Single-family Attached 'Houses, Single-Family 35 Detached Houses, Adult Congregate Living Facilities (ACLF), or Assisted Living 36 Facilities (ALF) as that term is defined in Section 400.402 Florida Statutes, unless 37 treated otherwise by the adopted rate schedules. 38 "Resort Hotel" shall mean land uses that are similar to hotels in that they 39 provide sleeping accommodations, restaurants, cocktail lounges, retail shops, and 40 guest services. The primary difference is that resort hotels cater to the tourist and 4t vacation business, often providing a variety of recreational facilities, rather than 15 t convention and meeting business. Resort hotels are normally located in suburban or 2 outlying locations on larger sites than conventional hotels. 3 ,,Restaurant (Drive-Thru)" shall mean a land use including fast-food 4 restaurants with drive-through windows. This type of restaurant is characterized by a $ large carryout clientele; long hours of service (some are open for breakfast, all are open 6 for lunch and dinner, some are open late at night or 24 hours); and high turnover rated 7 for eat-in customers. $ ,,Restaurant (High Turnover)" shall mean a land use consisting of sit-down 9 eating establishments with turnover rates of approximately one hour or less. This type 10 of restaurant is usually moderately priced and frequently belongs to a restaurant chain. ].] Generally these restaurants serve lunch and dinner; they may also be open for 12 breakfast and are sometimes open 24 hours a day. Some facilities contained within 13 this land use may also contain a bar for serving food and alcoholic drinks. 14 ,,Restaurant (Low Turnover)" shall mean a land use consisting of eating 15 establishments of high quality and with turnover rates usually of at least one hour or t6 longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch; 17 all serve dinner. Often the restaurants in this land use are not a chain and reservations 1 $ are required. 19 ,,Retail- shall mean one or more establishments devoted to selling merchandise 20 goods and products to consumers. 21 ,,Retirement Home or Community" shall mean one or more dwelling units 22 consisting of apartments, condominiums, or a self-contained village, which is restricted 23 to adults or senior citizens who are self-sufficient. They may also contain special 24 services such as medical facilities, dining facilities, and some limited, supporting retail 25 facilities. 26 ,,School" shall mean a facjli, ty that provides a curriculum of elementary or 27 secondary academic instruction (kindergartens, elementary, junior high schools and 28 high schools) that meets academic standards as provided by the State of Florida. A 20 public school is one operated by any governmental organization for the benefit of the 30 general public. All other schools are private or commercial schools. 31 ,,Self-Service Car Wash" shall mean a land use that allows the manual 32 cleaning of vehicles by providing Stalls for the driver to park and wash the vehicle. 33 ,,Service Station" shall mean a land use generally located at intersections or 34 freeway interchanges and having facilities, such as gas pumps, for fueling motor 35 vehicles. They may also have facilities for servicing and repairing motor vehicles. This 36 land use includes service stations without convenience stores or car washes. 37 ,,single-Family Attached House" shall mean a duplex. 38 ,,Single-Family Detached House" shall mean a home on an individual lot or 30 parcel of land intended, designed, used and/or occupied by no more than one family. 40 ,,Site Related Improvements" shall include but not be limited to the 41 construction of the driveway connection to a public road, acceleration and deceleration 16 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29~ 30 31 32 33 34 35 36 37 38 39 40 lanes, left-turn and right-turn lanes required for site access, signalization, and signage and striping. If the construction of an off-site access road is required to provide access from an existing paved public roadway to the site, those access improvements including the dedication of minimum of a sixty (60) foot right-of-way and the configuration shall not be impact fee creditable. Only that portion above sub-base, base and pavement required for two (2) lanes constructed to local standards in an urban and beyond as described in On-Site Transportation Improvements, In Excess of Local Regulations shall be eligible for impact fee credits. ,,Specialty Retail" shall mean small strip shopping centers that contai'n a variety of retail shops and specialize in quality apparel; hard goods; and services such as real estate offices, dance studios, florists and small restaurants. ,,Square Footage" shall mean the gross area measured in feet from the exterior faces or exterior walls or other exterior boundaries of the Building, excluding areas within the interior of the building which are utilized for parking. ,,State Highway System" shall mean those facilities in the County as defined by Section 334.03(21), Florida Statutes, or its statutory successor in function. ,,Supermarket" shall mean a departmentalized self-service retail market, which primarily sells food items, but also may sell household items, personal items and other merchandise. A supermarket is to be distinguished from a grocery store on the basis of scale, being usually 20,000 square feet or larger in size, and the broader mix of goods and services. ,,Tire Store" shall mean a land use primarily involved in the business of sales and marketing of tires for automotive vehicles. Services offered by these stores usually include tire installation and repair, as well as other automotive maintenance or repair services and customer assistance. These stores generally do not contain large storage or warehouse areas. ,,Townhouse" shall mean a group of three (3) or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit may or may not be on a separate lot under separate owne}ship. For the purpose of assessment if impact fees a townhouse will I~e Considered a condominium. Please refer to the definition of condominium. ,,Road Impact Fee District" shall mean one of the eight (8) districts located within the County which are described in Section 74-302 of this chapte, r. ,,Transportation Network" shall mean the following: (1) the County road system, excluding all local roads; (2) all facilities on the State Highway System located within the County; and (3) all collector roads within the city street system, provided that the improvement of such roads (a) will directly benefit arterial or collector roads within~ the County, and (b) is first subject to approval by the County. 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 3~ 32 33 34 35 36 37 38 39 40 41 42 ,,Trip" shall mean one-way movement of vehicular traffic from an origin to a destination. ,,Trip Generation Land Use Category" shall mean the Trip Generation Land Use Category established in the Trip Generation report published by the Institute of Transportation Engineers and the current edition on the effective date of this chapter, to be superceded by the most current edition of the effective date of any revisions to the relevant Impact Fee Study. ,,Trip Generation or Trip Generator Rate" shall mean the average daily Trip Generation rates for the applicable Trip Generation Land Use Category, as adjusted by the relevant Impact Fee Study. ,,University" shall mean four-year and graduate educational institutions. ,,Vehicle Miles of Travel (VMT)" shall mean the average new travel added to the road system by the Development, computed by multiplying the New Net Trips generated by Development by the Average Trip Length. ARTICLE II Impact Fees Section 74-201. Imposition of Impact Fees. A. General Requirements. All Development within the unincorporated areas and within the boundaries of all municipalities in the County shall pay all assessed Impact Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a calculation of the impact of the proposed Development on the respective Public Facilities. The amount of the impact Fee to be assessed for each type of Public Facility shall be as specified in Sections 74-302 through 74-309' (Section 74-302 - Special Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks & Recreational Facilities Impact Fee; Section 74-305 - Special Requirements for Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency Medical Services impact Fee; Section 74-307 - Special Requirements for Educational Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Facilities Impact Fee; and Section 74-309 - Special Requirements for Fire Facilities Impact Fee. -B. Impact Fee Rates. The Board hereby adopts the Impact Fee Rates incorporated by reference in Sections 74-302 through 74-309, inclusive, and-as set forth in Schedules 1 through 8, inclusive, appended hereto as Appendix A, which shall be imposed upon all Development occurring within the County. These rates may be changed from time-to-time by Resolutions of the Board, provided the Board holds a public hearing with regard to the Schedule amendments. C. Change of Size or Use. Impact Fees shall be imposed and calculated for net increase, alteration, expansion, or replacement of a use or a Building, or part of a Building (including Dwelling Unit), ana each accessory or non-accessory Building, provided such net increase, alteration, expansion, or replacement of the use, Building, or part thereof or therein, by applying this chapter results in: (1) a net increase in the 18 ! number of Dwelling Units; (2) a net increase in the size or square footage of a Building; :2 (3) a net increase in the size of the use; or (4) intensification of the use so as to 3 constitute an expansion of the same use category or result in a change to a higher 4 Impact Fee land use category; or (5) otherwise create additional demand or additional .5 impacts on any of the Public Facilities. The Impact Fee imposed under the applicable 6 Impact Fee Rate shall be calculated as follows: 7 1. If the Impact Fee is calculated based on land use and not square 8 footage, such as a golf course, the Impact Fee imposed shall be the Impact Fee due 0 under the applicable Impact Fee Rate for the Impact Fee land use category resulting J0 from the alteration, expansion or replacement minus the Impact Fee that would be ]! imposed under the applicable Impact Fee Rate for the Impact Fee land use category 12 immediately prior to the new alteration, expansion or replacement. t3 2. In the event only the square footage of a use or Building is increased, t4 the Impact Fee shall be calculated only for the net increased square footage. t5 3. The Impact Fee imposed for any Accessory Buildings shall be that ]`6 applicable under the Impact Fee Rate for the land use for the primary Building unless 17 the Accessory Building has its own Impact Fee Rate. ]8 4. In the event that a change in use creates additional demand or impacts ]`9 on any of the Public Facilities, the Impact Fee imposed shall be the Impact Fee due for 20 the new use minus the Impact Fee already paid to the County for the most recent 2]. lawful use that exists or existed on the Development within the immediately preceding 22 seven (7) years. There shall be no adjustment, off-set or credit for subsequent change 233 of Building or use that results in lower net impacts upon the impacted Public Facilities. 24 D. Exemptions. The following Development or change in use shall be 25 exempted from paying additional Impact Fees: 126 1. Alteration, expansion or replacement of a then-existing Building, 27 structure, Dwelling Unit, or use provided the respective alteration, expansion or 28 replacement; (1) will not create any additional net increase in the size or square footage :20 of the respective Development, including number of Dwelling Units; (2) will not result in 330 a net increase of the intensity of use(s); o.r (3) will not otherwise create any additional 331 net demand on the respective Public Facility. Lawful Buildings, structures and/or lawful 32 uses that are not in actual use at the time of the submittal of an application to the 33333 County for Development approval and issuance of that Building Permit (or other 334 development approval) and that would otherwise result in an obligation to pay the new 33.5 (additional) Impact Fees shall be eligible for this exemption, but the Impact Fee off-set 336 or credit shall never exceed the dollar amount of the Impact Fee previously paid to the 337 County for the respective then existing lawful Building and/or use. A Building that has 338 been condemned, demolished or deemed unsafe more than seven (7) years beforo the 339 date that the respective Building Permit application is first submitted to the County for 40 approval shall not be entitled to any Impact Fee credit for any Impact Fee previously 4.1 paid to the County. 19 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 4O 41 42 2. New Building(s) or addition to a Building(s) or an Accessory Building that will not create additional net demand upon on the Public Facility for which the exemption is sought over and above the then existing Development impacts deemed to be created by the then lawfully existing Building(s) or use(s). 3. Construction or expansion of publicly owned residential housing; however this exemption shall not apply to the applicable Impact Fees for Water and/or Sewer Public Facilities, or for the applicable Impact Fees for Educational Public Facilities. 4. Lots, pads, sites, foundations or spaces for a single mobile home, recreational vehicle, travel trailer, or park model, when the applicable Impact Fee has been previously paid within the then immediately preceding seven (7) years. 5. An "Adults Only Community" shall be exempt only from the Educational Facilities Impact Fee. 6. Development for which the respective Impact Fee is then expressly prohibited by Florida law, rule or regulation, or by Federal law, rule or regulation. E. Affordable Housing Waiver or Deferral. 1. Pursuant to the requirements established in this section and Article IV, the County shall waive or defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Development which qualifies as Affordable Housing unde~ Article IV of this chapter. a. Any Person seeking an Affordable Housing waiver or deferral for proposed Development shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Development. The Application for waiver or deferral shall contain the following: (1) The name and address of the Owner; (2) An up to date, complete legal description of the site upon which the Development is proposed to be located; (3) The maximum income level of the Owner, or if the Owner is a developer or builder, the income level of the household to which the Dwelling Unit is to be sold or provided for occupancy; (4) The number of bedrooms in each Dwelling Unit of the Development. b. If the proposed Development meets the requirements for an Affordable Housing waiver or deferral as set fodh in Article IV, the County Manager should enter into an Impact Fee waiver or deferral agreement, as applicable, with the Owner or Applicant. The Impact Fee waiver or deferral agreement shall be in lieu of prompt payment of the Impact Fee that would then be due and payable but for the agreement. 2. With regard to any detached single-family residences or duplexes that are subject to Impact Fee waiver or deferral, the County's interest in the Impact Fee may be subordinated to all first mortgages or other co-equal security interests. Impact fee waivers and/or deferrals for only single family, detached residences, or 20 ! duplexes, as owner occupied dwelling units will automatically be subordinate to the 2 owner's previously recorded first modgage and/or any government funded affordable 3 housing loan such as SAIL or HOME loan. 4 3. Impact fee waivers or deferrals may also be similarly subordinated 5 in the case of rental Multi-Family Dwelling Units, but only if the Owner provides 6 additional security satisfactory to the County such as additional or substitute collateral ? in the form of cash or cash equivalent financial instruments which will yield the full $ amount of the deferred impact fees when they may become due and payable. 9 F. Fund Reimbursement. Every county approved deferral or waiver of a 10 water or sewer Impact Fee requires complete reimbursement and deposit of the entire !! amount deferred or waived into the applicable Water or Sewer Trust Fund(s) within 1.2 thirty (30) days of the deferral or waiver agreement being signed on behalf of the ]3 county, except for deferrals of less than seven (7) years for multi-family affordable ]4 housing rental units. However, deferrals of less than seven (7) years for multi-family !5 affordable housing rental units must not adversely impact the cash flow or liquidity of ]6 the Water and/or Sewer Impact Fee Trust Fund accounts and thereby frustrate or ]? intedere with the then planned or then ongoing growth-necessitated capital ]$ improvements and additions to such Water and/or Sewer Systems. Such an adverse ]9 impact may be determined by the Public Utilities Division Administrator whenever either 20 of the two (2) Trust Fund's individual reserve balances is in jeopardy of approaching (or 2] actually has reached) less than a total of $600,000 of unappropriated and 22 unencumbered funds. If the Public Utilities Division Administrator determines that the 23 unappropriated and unencumbered funds in either of these accounts is then in jeopardy 24 of approaching a level of less than $600,000, then the total number of such multi-family 2.5 affordable housing rental units that may be approved in any such fiscal year (including 26 the fiscal year when the Public Utilities Division Administrator makes such a "funds in 2? jeopardy" determination) for deferrals (i.e., for less than seven (7) years) shall not 28 exceed two hundred and twenty-five (225) units. This unit number limitation will 29 continue so long as a determination of "jeopardy" exists, except that any of the 225 30 units not approved by an agreement in any fiscal year where funds are in "jeopardy" 3] may be accumulated and rolled-over from one fiscal year to the next fiscal year until 32 such time as the "jeopardy" determination ends. 33 Section 74-202. Payment. 34 A. Unless deferred or waived by a written Agreemer~t with the County as a 3.5 party thereto, the Impact Fee shall be paid in full prior to the issuance of a Building 36 Permit for the Development, and no Building Permit or any other authorization to use 37 the land included in the Development shall be issued until each applicable Impact Fee 38 has been paid in full. 3':) B. If the issuance of a conventional Building Permit for the Development is 40 not required (e.g., golf course, park, change of use, etc.), then an applicant shall pay 4! the Impact Fee prior to the occurrence of any one of the following events, whichever 42 occurs first: 2] 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 41 42 1. The date when the first Building Permit has been issued for any Building or structure accessory to the principle use or structure of the Development; or 2. The date when the first Building Permit is issued for the first non- accessory building or non-accessory structure to be used by any part of the Development; or 3. The date when a final development order, final development permit or other final authorization is issued for a parking facility for any portion of the Development; or 4. The date when a final development order, final development permit or other final approval is issued for any part of the Development in instances where no further Building Permit is required for that part of the Development; or 5. The date when the Development first commences construction; or 6. The date when any part of the Development opens for business or goes into use. C. Owners of all golf courses must submit to the County a certified legal description and a certified surveyors sketch (to scale) of the course prepared by a Professional Engineer before the date the construction of the golf course commences. D. If the Development is located within the unincorporated area of the County, the Impact Fee shall be paid directly to the County. E. If the Development is located within a municipality, the Impact Fee shall be paid as follows: 1. If the municipality has entered into a Florida Local Government Development Agreement with the County that provides for the collection of the Impact Fee, such Impact Fees shall be paid and collected in accordance with the provisions of the Agreement. 2. If the municipality has not entered into a Flor(da Local Government Development Agreement with the County providing for the collection of the Impact Fee, such Impact Fees shall be paid directly to the County. The time that such Impact Fees become due and payable shall be the same as if the Development were in unincorporated Collier County. F. If the Development is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the Impact Fee to the County prior to the issuance of a Building Permit by the municipality or to require additionally the payment of the Impact Fee as a condition of the issuance of a Building Permit by the municipality, the Impact Fees shall be collected as provided in Section 74-202.A. and B, or, in the event of delinquency in payment, pursuant to Section 74- 501. G. The obligation for Payment of the Impact Fee shall run with the land. Assignment of Impact Fee credits from one parcel of land to another parcel of land shall not be permitted except in accordance with the requirements of Section 74-205. H. In the event a Building Permit issued for a Development expires prior to commencement of any part of the Development for which the Building Permit was 22 I issued, the Applicant may, within ninety (90) days of the expiration of the Building 2 Permit, apply for a refund of the entire Impact Fee. Failure to timely apply for a refund .3 of the Impact Fee shall waive any right to a refund 4 1. The applicatk q for refund shall be filed with the County Manager and $ shall contain the following: 6 a. The name and address of the Applicant; ? b. The location of the property upon which the respective 8 Development was authorized by the respective Building Permit; 9 c. The date the Impact Fee was paid; 10 d. A copy of the receipt of payment for the Impact Fee; and ! ! e. The date the Building Permit was issued and the date of expiration. 12 2. After verifying that the Building Permit has expired before the !3 Development had commenced, the County Manager shall refund the Impact Fee. t4 3. If a Building Permit is subsequently issued for a Development on !.5 the same property, which was the subject of a refund, the Impact Fee in effect at that !6 time must be paid. !7 I. In the event the County or a municipality issues separate Building Permits 18 for a Building or pad of a Building within a Development which by design contemplates 19 phased (delayed) occupancy, the Board and the Applicant may enter into an agreement 20 for th~ phased (installment) payment of the Impact Fee applicable to that portion of the 21 Development represented by such unoccupied units or space; provided, however, that 22 all Impact Fees due shall be paid in full prior to issuance of a cedificate of occupancy - 23 fo~' occupancy of any delayed occupancy portion of the Building. In the event no 24 agreement is executed for such phased (delayed) occupancy, the Impact Fees 25 applicable to that portion of the Development represented by such Building shall be 26 paid prior to the issuance of a Building Permit. 2? J. The Impact Fee shall be paid in addition to all other fees, charges and 28 assessments due for the issuance of a Building Permit. 29 K. In the event a Development is a Mixed Use Development, the County 30' Manager shall calculate each Impact Fee based upon each separate Impact fee land 3,1 use category included in the proposed Mixed Use Development as set fodh in the 32' applicable Rate Schedule. 33 fL. In the event a development involves a land use not contemplated under 34 the impact fee land use categories set forth in the rate schedules in Appendix'A, the 3.5 County Manager shall calculate the appropriate impact fees utilizing the methodologies 36 contained in the impact fees adopted by section 74-106. The County Manager' shall · 37 utilize as standards in his determination the impact fee rate calculation variables 38 applicable to the most similar land use categories in the applicable impact fee rate 39 schedules. 40 Section 74-203. Use of Funds. 41 A. The Board hereby establishes or reaffirms the establishment of separate 42 Impact Fee Trust Funds for each of the Public Facilities, designated as follows: 23 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 4O 41 42 1. Road: "Road Impact Fee Trust Fund"; 2. Water and Sewer: "Water Impact Fee and/or Sewer Impact Fee Trust funds": The County hereby establishes or reaffirms the establishment of two separate trust Funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; 3. Parks and Recreational: The County hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the Impact Fee allocated to Parks and Recreational Services paid by Development located in municipalities within Collier County will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the Impact Fee allocated to Parks and Recreational services paid by Development located in the unincorporated areas of Collier County will be deposited); Library: "Library Impact Fee Trust Fund"; 4. Emergency Medical: "Emergency Medical Services Impact Fee Trust Fund"; 5. Educational: "Educational Impact Fee Trust Fund"; 6. Correctional: "Correctional Impact Fee Trust Fund"; 7. Fire: "Fire Impact Fee Trust Fund." Each of these Impact Fee Trust Funds shall be maintained separate and apart from each 'other and from all other funds of the County. The portion of the Impact Fee allocated to each Public Facility under Sections 74-302 through 74-309, inclusive, shall be deposited into the corresponding Impact Fee Trust Fund immediately upon receipt. Each of the foregoing Impact Fee Trust Funds shall be further separated or divided based upon benefit districts established pursuant to the ~espective Sections 74-302 through 74-309. No Impact Fee in any Trust Account shall be loaned to any other Impact Fee Trust Account. B. The funds deposited into each Impact Fee Trust Fund shall be used solely for the purpose of providing growth necessitated improvements and additions to the specific Public Facility for which the Impact Fee was assessed including, but not limited to the following: Design and construction plan preparation; Permitting and fees; Construction and design of Public Facilities; Land and materials acquisition, including costs of acquisition and 3. 4. condemnation; 5. condemnation; 6. Right of way acquisition, including costs of acquisition and . For the Road Impact Fee only, construction of new through lanes, new turn lanes, new bridges, bike lanes, sidewalks, street lights, and new traffi0 signalization. However, Impact Fee funds shall not be used to fund bike lanes o! sidewalks unless they are constructed concurrently as part of a road project tha~ increases capacity. Other capital cost items, including the relocation, but not the up.',. 24 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 41 42 sizing of, water and/or sewer utility facilities, may be included subject to such cost being contemplated in the then-applicable Road Impact Fee Study. 7. Design and construction of new drainage facilities required by the construction of Public Facilities; 8. For water and/or sewer Impact Fees, relocating the respective utility facilities required by the County and additions to County utility facilities; 9. Landscaping; Construction management and inspection; Surveying, soils and material testing; For the Water Impact Fee only, development of raw water sources and 10. 11. 12. supplies; 13. 14. Acquisition of capital equipment for Public Facilities; Acquisition of apparatus, equipment or furniture necessary to expand the Public Facilities; 15. Repayment of monies transferred or borrowed from any budgetary fund of the County, or the School Board in the case of Educational Facilities Impact Fee, subsequent to the adoption of this Chapter, which were used to fund construction, acquisition and/or improvements to Public Facilities; 16. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness (including Certificates of Participation in accordance with Sections 230.23 and 235.056, Florida Statutes, for Educational Facilities Impact Fees) issued by the County, or the School Board in the case of Educational Facilities Impact Fee, to fund growth impacted Public Facilities subsequent to the adoption of this chapter; 17. Reimbursement Of excess Impact Fees due pursuant to Section 74-202 or Section 74-205; 18. Design and construction of Public Facilities necessitated by the construction of the specific Public Facility for which the Impact Fee was assessed; 19. To the extent provided by law, reimbursement or refund of costs incurred by the County, or the School Board in the case of Educational Facilities Impact Fee, in the preparation of this Chapter, of any update to the Impact Fee Studies adopted pursuant to Section 74-106, and any amendments or supplements adopted pursuant to Section 74-502 and any other administrative costs incurred by the County; 20. Administration for the specific Public Facility for which the funds were collected directly relating to this chapter; and 21. Any other expenditures of the respective Impact Fees as then allowed by Law. C. Impact Fee Trust Funds shall not be used for any expenditure that would ........ be classified as a maintenance or repair expense, nor shall they be used on improvement projects not included in the County's five (5) year CIE. D. The monies deposited into the Impact Fee Trust Fund shall be used solely to finance Public Facilities required by growth as projected in the Impact Fee Studies or 25 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 the Comprehensive Plan. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the specific Impact Fee T,ust Fund from which the invested funds came. F. The Impact Fee collected pursuant to this Chapter (including all predecessor Ordinances that are hereby being consolidated into this Chapter) shall be returned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date when the respective Impact Fee was paid. Refunds shall be made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the respective Impact Fee. 2. The petition for refund shall be submitted to the County Manager, and shall contain: a. A notarized sworn statement that the petitioner is the then current Owner of the property for which the Impact Fee was paid; b. A copy of the dated receipt issued for payment of such fee or such other'record as would clearly indicate payment of such fee; c. A certified copy of the latest recorded deed; and d. A copy of the most recent ad valorem tax bill. ' 3. Within ninety (90) days from the date of receipt of a complete petition for refund, the County Manager will advise the Owner of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the then current Owner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. Such funds may be encumbered by contract, bond, Resolution, Ordinance, or otherwise. 4. Impact Fee monies refunded by the Board in accordance with this Subsection F shall be paid with interest accrued to the principal being refunded but not to exceed the rate of five percent (5%) simple interest. Except as provided for in this Subse. ction F, rio interest shall be paid upon the return or refund of Impact Fees. G. Failure to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fee for growth necessitated capital improvements and additions to the respective Public Facilities. Section 74-204. Alternative Fee Calculation. A. The Impact Fee may be determined by an Alternative Fee Calculation of the fiscal impact of the Development on the Public Facilities if: 1. Any Person commencing a Development which increases demand on any Public Facility chooses to have the Impact Fee for that Public Facility determined 26 ! by the Alternative Fee Calculation and pays to the County in full the Impact Fee 2 calculated pursuant to the applicable Impact Fee Rate Schedule and a non-refundable 3 Alternative Fee Calculation review fee of two thousand five hundred dollars ($2,500.00) 4 or any other review fee amount then established by the Board by ordinance or 5 resolution; and 6 2. The Applicant believes that the nature, timing or location of the '7 proposed Development makes it likely to generate impacts costing less than the 8 amount of the Impact Fee generated by application of Section 74-201 and the Impact 9 Fee Rate calculations in Sections 74-302 through 74-309, as applicable for the Public l0 Facilities at issue; and !! 3. The Applicant commences the Alternative Fee Calculation process by 12 requesting in writing to the County Manager, and attends with the County Manager, the J::?, preapplication meeting described in Section 74-204(B) within ninety (90) days of the 14 issuance of the Building Permit for the Development; and 15 4. The Applicant submits to the County Manager a completed lb Alternative Fee Calculation Study as described in this Section within twelve (12) months !7 of the issuance of the Building Permit for the Development. Prior to expiration of the 18 foregoing twelve (12) month period, the Applicant may request in writing to the County lP Manager up to a six (6) month extension of time to submit the completed Alternative 20 Fee 'Calculation Study. Such extension request may be granted by the County 21 Manager for good cause shown for extending the time period in which the study is to be 22 completed. Other extensions of time timely requested by the Applicant in writing may 23 be granted. 24 B. Prior to commencing the Alternative Fee Calculation, the Applicant shall 25 arrange and attend a pre-application meeting with the County Manager to discuss the 26 requirements, procedures and methodology of the Alternative Fee Calculation. The 27 pre-application meeting will normally cover the following topics: (1) proposed previous 25 studies; (2) credits; (3) proposed study sites; (4) study data elements; (5) proposed data 29 collection methodology; and (6) report format. 30 C. Subsequent to the pre-application meeting, the Applicant shall submit 31 three (3) copies of the proposed approach to the Alternative Fee Calculation to the 32 County Manager. The County Manager shall have thirty (30) County working days to 33 respond in writing to the proposed approach. If the County Manager concurs with the 34 proposed approach, the Applicant will be notified to proceed with the Alternative Fee 35 Calculation. If the County Manager disagrees with the proposed approach, the County 36 Manager shall identify the problem areas for the Applicant to incorporate and address in .37 its resubmit~al to the County. The Applicant shall be required to receive approval from 38 the County Manager prior to proceeding with the Alternative Fee Calculation. If the 39 County Manager has not approved the Applicant's proposed approach after one (1) 40 resubmittal, the Applicant may request a decision from the County Manager whereupon 4! the County Manager shall either approve, approve with conditions, or deny the 42 proposed approach. 27 ! D. The Alternative Fee Calculation shall be undertaken through the 2 submission of an impact analysis for the Public Facilities at issue, which shall be based 3 on data, information, methodology and assumptions contained in this chapter and/or 4 the Impact Fee Studies incorporated herein, or an independent source, including local $ studies for alternative impact fee calculations pedormed by others within the 6 immediately preceding three years, provided that the independent source is a local ? study supported by a data base adequate for the conclusions contained in such study 8 performed pursuant to a methodology generally accepted by professionals in the field of 0 expertise for the Public Facilities at issue and based upon standard sources of ]0 information relating to facilities planning, cost analysis and demographics and generally . 11 accepted, by professionals in the field of expedise for the Public Facilities at issue. 12 Technical details of approach, methodology, procedures and other matters relating to 13 the Alternative Fee Calculation may be addressed in an Administrative Procedures 14 Manual developed by the County Manager and approved by Resolution of the Board. 15 E. The Alternative Fee Calculation shall be submitted by the Applicant for the 16 proposed Development and shall be prepared and certified as accurate by persons t7 accepted by the County as qualified professionals in the field of expertise for the Public ]8 Facilities at issue, and shall be submitted to the County Manager. ]9 F. Within thirty (30) County working days of receipt of an Alternative Fee 20 Calcuiation, the County Manager shall determine if it is complete. If the County 21 Manager determines the application is not complete, he shall send a written statement 22 specifying the deficiencies to the person submitting the application at the address set 23 forth in the application. The County Manager will not be required to take any further 24 action on the Alternative Fee Calculation until all specified deficiencies have been 25 corrected. 26 G. After the County Manager determines that the Alternative Fee Calculation 27 is complete, he shall notify the Appllb'ant of its completion within 'ten (10) days, and he 28 shall, within thirty (30) County working days, complete a review of the data, analysis, 20 and conclusions asserted in the Alternative Fee Calculation. If this review is not 30 completed within these time frames, and if requested by the Applicant, the item will be 31 scheduled for the next available Board meeting. 32 H. If the County Manager determines that in the Alternative Fee Calculation 33 the County's cost to accommodate the proposed Development is substantially different 34 than the mpact Fee established pursuant to Section 74-201 and the applicable 3.5 Sections 74-302 through 74-309, the amount of the Impact Fee shall be reduced to a 36 dollar amount consistent with the amount determined by the Alternative Fee 3'/ Calculation, subject to the Board's approval. 38 I. In the event the Applicant disagrees with a decision of the County 30 Manager that effectively results in a denial of the Alternative Fee Calculation, the 40 applicant may file a written Appeal Petition with the Board not later than thirty (30) days 41 after receipt of notice of such a decision by the County Manager. In reviewing the 42 decision, the Board shall use the standards established herein. The Appeal Petition .- 28 J must advise the Board of all issues and shall explain the precise basis the Applicant 2 asserts that the decision(s) of the County Manager is/are alleged to be incorrect. 3 Section 74-205. Developer Contribution Credit. 4 A. A person may apply for a credit against any Impact Fee owed pursuant to 5 Section 74-201 for a specific type of Public Facility for any contribution, construction or 6 land dedication conveyed to, accepted and received by the County for that same type ? of Public Facility. The County may grant a credit against the Impact Fee imposed 8 against a Development pursuant to Section 74-201, for the construction, installation or 9 contribution of any Public Facilities, or improvements and additions thereto, or land t0 dedication related thereto, required pursuant to a development order for the 1! Development, or not required by such development order. Such construction, 1.2 contribution or land dedication shall be subject to the approval of the County Manager 1.3 and the Board as described herein and shall be an integral part of, and a necessary 1.4 accommodation to, existing or contemplated Public Facilities. Anything to the contrary 1.5 notwithstanding, a contribution or dedication related to a specific type of Public Facility 1.6 shall be available as a credit only against the Impact Fee for the same type of Public 17 Facility and there shall be no intermingling or cross-over of credits from one type of 1.8 Public Facility to another type of Public Facility. 1.9 B. A credit granted against the applicable Impact Fee for certain dedications 20 of lan'd or for the contributions of Off-site Improvements to the Transportation Network, 21 contributions of construction or installation of regional water and/or regional sewer 22 systems, buildings, facilities and/or improvements and/or additions thereto, made to the 23 regional water and sewer systems, or for other authorized contributions or dedications 24 for other Public Facilities authorized in this Chapter, whether required to be made 25 pursuant to a development order by the County or not, shall be subject to the following 26 standards: 27 1. The dedicated land shall be an integral part of, and a necessary 28 accommodation to, contemplated off-site Improvements to the Adopted Needs Plan 29 Transportation Network, or the County's Regional Water and Regional Sewer Systems 30' needs, whether on-site or off-site, or the County's other Public Facility needs, as 31. determined by the County; 32 2. The road off-site Improvements to be contributed shall be an integral 33 part of, and a necessary accommodation to, the adopted Cost Feasible Plan for the 34 Transportation Network; 3.5 3. Except as provided in Sections 74-205.B.1 and B.2, no other 36 dedications of land, contributions of off-site Improvements, contributions of construction 37 or installation of improvements shall be entitled to developer contribution credit from the 38 Impact Fee; 39 4. All dedicated land for road right-of-way shall be conveyed in fee to the 40 County by statutory warranty deed. Other conveyances to the County, including right- 41 of-way or easements required by the County shall be conveyed to the County pursuant 42 to ordinances, resolutions, guidelines or regulations then in effect and in a form of 29 ! conveyance acceptable to the County Attorney. 2 5. The credit for a dedication of land shall not exceed the fair market value :3 of the land dedication as based upon a written appraisal by a qualified and professional 4 appraiser acceptable to the County, based upon comparable sales of similar property 5 between unrelated parties in a bargaining transaction as of the date of the contribution; 6 the date of the commencement of the construction; the date of the land dedication; or 7 for dedications, the day before the date of the issuance of the development order $ approval (zoning amendment, site plan approval, PUD approval, or other development 9 order approval) wherein the contribution, construction or land dedication was proffered l0 or required; whichever occurs first. !! 6. In the case of contributions of construction or installation of 12 improvements, the value of the proposed contribution shall be adjusted upon i3 completion of the construction to reflect the actual costs of construction or installation of 14 improvements contributed by the developer. The actual cost of construction for the 15 contribution shall be based upon costs certified by a Professional Engineer or architect, 16 as appropriate. However, in no event shall any upward adjustment in the credit amount !7 as set forth in the developer contribution agreement between the owner and the County ~8 exceed 15 percent above the initial certified estimate of costs for contributions as t9 provided by the Professional Engineer or architect, as appropriate. Upon adjustment of 20 the value of the developer's contribution, the contribution credit shall be adjusted 2t accordingly. 22 7. Until the contribution credit is finally adjusted upon completion of 23 construction, no more than seventy-five percent of the initial estimate of costs for 24 contributions to the regional water and/or sewer systems identified in the contribution 25 agreement shall be actually applied or used in the calculations of available credit 26 against water and/or sewer systems Impact Fees. 27 8. No credit whatsoever for lands, easements, construction or 25 infrastructure otherwise required to be built or transferred to the County by law, 29 ordinance or any other rule or regulation shall be considered or included in the 30 determination of any value of any developer's contribution. 3! 9. All construction cost estimates shall be based upon, and all construction 32 plans, specifications and conveyances shall be in conformity with, the construction 33 . standards and procedures of the County as then adopted by ordinance. All plans and 34 specifications must be approved by the County Manager, Transpodation Administrator, 35 Public Utilities Administrator or appropriate division or department administrator, and 36 other appropriate governmental entity prior to commencement of construction. A. 37 determination of the amount of credit or reimbursement shall be made prior to 38 consideration by the Board. 39 10. No credit for a particular type of Public Facility shall exceed the Impact 40 Fee for that type of Public Facility for the proposed Development imposed by this 4! Ordinance, unless a credit (developer's) agreement has been completed pursuant to 42 the requirements of this section. 30 ! C. An applicant who desires to make a dedication of land or contribution for '2 Impact Fee credits shall, prior to issuance of a Building Permit, submit to the County a 3 proposed'plan for the dedication of land or for the contribution. The proposed plan of 4 construction or dedication shall include: $ 1. A designation and legal description of the Development for which the 6 plan is being submitted; 7 2. A list of the contemplated Improvements; 8 3. A legal description of any land or interest in land proposed to be 9 dedicated and a written appraisal prepared in conformity with the requirements of this tO section; !! 4. An estimate of proposed construction costs certified by a Professional 12 Engineer or architect, as appropriate; and !3 5. A proposed time schedule for completion of the proposed plan of t4 construction or dedication prepared by a Professional Engineer or architect, as !5 appropriate; !6 D. Upon submission of a complete plan, the Transportation Administrator or t7 the Public Utilities Administrator, or appropriate division or department administrator, 18 shall present to the Board at a regularly scheduled meeting or a special meeting called !9 for the purpose of reviewing the proposed plan and shall provide the applicant or owner 20 written notice of the time and place of the presentation. The Board shall authorize the 2] County Attorney to prepare a contribution agreement with the owner only if: 22 1. There is a finding that the dedications or contributions contemplated by 23 the agreement are consistent with the Comprehensive Plan and the requirements of 24 this section; 25 2. Such proposed plan is in conformity with contemplated improvements 26 and additions to the Transpodation Network in compliance with the requirements of 27 Sections 74-205.B.1 and B.2 or contemplated improvements and additions to the 28 regional water and/or sewer systems, or otherwise in compliance with Sections 74- 29 205.B.1 and B.2 for other Public Facilities; 30 3. There is sufficient funding r?maining in the adopted Road Impact Fee 3! annual credit threshold budget, or any threshold that may be established for other 32 Public Facilities, to cover the request for such credits; and 33 4. Such proposed plan, viewed in conjunction with other existing or 34 proposed plans, will not create a detrimental imbalance between the treatment and 35 transmission capabilities of the regional water and/or sewer systems; and 36 5. The Transportation Administrator or Public Utility Administrator or 37 County Manager has determined that the proposal furthers the development of the 38 applicable component of the Public Facilities and the proposed plan is, in the opinion of 39 the Board of County Commissioners, consistent with the public interest. 40 6. Such proposed plan, viewed in conjunction with other existing or 4! proposed plans, will not adversely impact the cash flow or liquidity of the applicable 42. Public Facility Impact Fee trust account in such a way as to frustrate or interfere with 3! 2001 ! other planned or ongoing growth necessitated capital improvements and additions to 2 such Public Facility Systems; and 3 7. The proposed time schedule for completion of the plan is consistent with 4 the then most recently adopted five-year capital improvement program for the 5 applicable Public Facility. 6 E. Upon approval of a proposed plan of dedication or contribution, the '7 Transportation Administrator or Public Utilities Administrator or County Manager shall 8 determine the amount of developer credit and shall approve the timetable for 9 completion of construction. The amount of developer credit to be applied against the 10 applicable Public Facility Impact Fee shall be determined according to the standards of ! ! valuation described in Section 74-205.B. 12 F. Upon approval of a plan for the dedication or contribution, a developer ].3 contribution agreement shall be entered into between the County and the owner. A !4 nonrefundable processing, review and audit fee of $2,500.00 shall be due once the 15 voluntary plan has been approved and prior to the preparation of a contribution ].O agreement by the County Attorney. The processing, review and audit fee shall be ].7 returned to the applicant if either the County Manager, the authorized division or t8 department administrator, or the Board determines the proposed plan is not acceptable. ].9 The processing, review and audit fee shall become non-refundable when the Board 20 auth(~rizes the County Attorney to prepare a contribution agreement. The contribution 2! agreement shall, at a minimum, provide for and include, but not be limited to: 22 1. Identification of the parties including a representation from the owner or 23 owners disclosing who are the record owners of the real properly described in the 24 contribution agreement. If requested by the County Attorney, the applicant or owner 25 shall provide to the County Att°rney, at no cost to the County, an attorney's opinion 26 identifying the record owner, his authority to enter into the contribution agreement and 27 identify any lien holders having a lien or encumbrance on the real property that is the 28 subject of the agreement. Said opinion shall specifically describe each of the recorded 29 instruments under which the record owner holds title, each lien or encumbrance, and 30 cite appropriate recording information and .incorporate by reference a copy of all such 3! referenced instruments. 32 2. A finding that the contributions and dedications contemplated by the 33 agreement are consistent with the Comprehensive Plan. 34 3. A legal description of all lands included in the Development subject to the :35 agreement. 36 4. The duration of the agreement, which shall not be for a period in excess 37 of five (5) years from the date the County acknowledges completion of the approved 38 contribution or from the actual date of dedication, but in no event shall the duration :39 exceed seven (7) years, exclusive of any controlling moratoria, from the date of 40 recording in the official records. 4]. 5. A graphic drawing or rendering and a legal description of the dedication or 42 contribution to be made pursuant to the agreement. 32 ! 6. An acknowledgment that the dedications or contributions contemplated 2 under the agreement shall be construed and characterized as work done and property 3 rights acquired by a highway or road agency for the improvement of a road within the 4 boundaries of a right-of-way, or by the county, a utility, or other persons or entities .5 engaged in the distribution and transmission of water and/or collection or transmission 6 of sewerage for the purpose of constructing or installing on established rights-of-way, 7 mains, pipes, cables, utility infrastructure or the like. $ 7. An acknowledgment that the contribution agreement shall not be 9 construed and characterized as a development agreement under the Florida Local 10 Government Development Agreement Act, as then amended, or otherwise. 22 .8. Adoption of the approved time schedule for completion of the plan. 12 9. Determination of the dollar value amount of credit based upon the 13 standard of valuation as set forth in Section 74-205.B.1 and 2. J4 10. A written appraisal for any land dedication. 25 11. The initial professional opinion of probable construction costs, if any, 16 provided by a Professional Engineer or Professional Architect, as appropriate. t? 12. A requirement that the owner keeps or provides for retention of adequate 28 records and supporting documentation that concern or reflect total project cost of the i9 improvements to be contributed. This information shall be available to the County, or its 20 duty authorized agent or representative, for audit, inspection or copying, for a minimum 2t of five (5) years after the termination of the contribution agreement. 22 13. A requirement that the credit for Impact Fees for the specific Public 23 Facility identified in the contribution agreement shall run with the land of the subject 24 Development and shall be reduced by the entire amount of the Impact Fee for that 25 Public Facility due for each Building Permit issued thereon until the Development 26 project is either completed or the credits are exhausted or are no longer available, or 2? have been assigned by operation of or pursuant to an assignment agreement with the - 28 County. The foregoing reduction in the Impact Fee credit shall be calculated based on 29 the amount of the Impact Fees for that Public Facility in effect at the time the Building 30 Permit is issued. The credit shall specify the specific type of Public Facility Impact Fee 3! to which it shall apply (e.g., roads, sewer, water, etc.) and shall not apply to any other 32 type of Public Facility Impact Fee. 33 14. That the burdens of the contribution agreement shall be binding upon, and 34 the benefits of the agreement shall inure to, all successors in interest to the parties to 35 the contribution agreement. 36 15. An acknowledgment that the failure of the contribution agreement to 37 address any permit, condition, term, or restriction shall not relieve either the applicant or 38 owner, or their successors, of the necessity of complying with any law, ordinances, rule 39 or regulation governing said permitting requirements, conditions, terms or restrictions. 40 16. Compliance with the then applicable risk management guidelines which 4! may be established by the County's risk management department from time to time, 4_~ including but not limited to insurance and indemnification language acceptable to the I County for any contribution or dedication. '~ 17. Annual examination and audit of compliance performed by an 3 independent auditor to determine compliance with, and performance under, the 4 contribution agreement, including whether or not there has been demonstrated good 5 faith compliance with the terms of the contribution agreement and to report the credit .6 applied toward payment of Impact Fees and the balance of available and unused credit. '7 If the Board finds, on the basis of substantial competent evidence, that there has been $ a failure to comply with the terms of the contribution agreement, the agreement may be 9 revoked or modified by the County. l0 18. A provision that mandates modification or revocation of the contribution ! ! agreement as may thereafter be necessary to comply with then-applicable and relevant 12 state and federal laws, if state or federal laws are enacted after the execution of the t.~ contribution agreement which are applicable to and which preclude the parties' 14 compliance with the terms of the contribution agreement. 15 19. Amendment or cancellation by mutual consent of the parties to the lb contribution agreement or by their successors in interest. 17 20. Recording of the contribution agreement in the official records within 18 fourteen (14) days after the County enters into the contribution agreement. All costs of 19 recording and conveyance shall be paid by the applicant or owner. 20 21. The ability to file an action for injunctive relief in the Circuit Coud of the 21 County to enforce the terms of the contribution agreement, said remedy being 22 cumulative with any and all other remedies available to the parties for enforcement of 23 the agreement. 24 G. Any developer contribution credit granted from the specific type of Public 25 Facility Impact Fee shall only be for those dedications or contributions made to 26 accommodate growth, within the respective Impact Fee district where the development 2'7 is located, and for the same type of Public Facility Impact Fee for which the dedications 25 or contribution has been made. 29 H. All Road Impact Fee credits shall be awarded on an annual basis from an 2,0 allocation established each fiscal year of the County based upon the recommended 31 annual budget threshold amount as established in the budget of the Transportation 32 Services Division. No Road Impact Fee credits greater than this annual allocated sum 2,2, shall be allowed in any fiscal year. The balance of any annual unexpended Road 2,4 Impact Fee credits may be carried over from one fiscal year to the next fiscal year, 35 subject to the allocation limit each fiscal year, until expended, provided such agreement 36 for reimbursement shall not be for a'period in excess of seven (7) years from the date :~? of recording the co,ntribution agreement in the official records of Collier County, and 2,8 shall provide for a forfeiture of any remaining reimbursement balance at the end of such 37 ~..time period. ' ; 40 ¢. I. ,.All'right;of-way dedications must'be consistent with the County's` adSpted 41 Needs Plan 'in order to be eligible for Road:Impact Fee credits at the time of the 42 request. 34 I J. Any dedication or contribution for which a Road Impact Fee Credit is 2 requested must be in the County's Cost Feasible Plan of the Transportation Network at 3 the time of the request. 4 K. If Road Impact Fee credits are not available at the time of request, the .5 County may award a cash reimbursement subject to conformity to all other 6 requirements for credit eligibility and subject to the following additional conditions: 7 1. If a phase or phases of the contribution and dedication, or either, are $ included in the five-year CIE, the County may agree to reimburse for that phase or 9 phases of Off-site Improvements at the time the funds are scheduled to become to available in the five-year CIE; and ]! 2. If the County has a budget for advanced right-of-way acquisition, the 12 County may reimburse for the value of the right-of-way, up to the level of the remaining 13 budget for such land acquisition. J4 L. The County shall not reimburse for contributions that are not included in l.'=; the five-year CIE or that exceed the amount of credits established in the threshold level J 6 budgeted. 17 M. In order to maintain the pro-rata or proportionate share purpose of this tS Chapter, it is necessary that a uniform method be used countywide in determining credit J9 against the Impact Fee. Therefore, the County, when considering compensation or 20 credit,~ shall apply the then-applicable standards it has established in the unincorporated 2t areas throughout the entire incorporated and unincorporated County, i.e., with regard to 22 roads, the dedication of the minimum local road widths is non-compensable, thus 23 putting the unincorporated areas and the incorporated areas in the same posture and 24 thereby maintaining the integrity of the pro-rata or proportionate share concept. £5 N. Impact Fee credits shall not be assigned or otherwise transferred from 26 one Development to another Development except by written agreement executed by 37 the County, and then, shall only be transferable from one Development to another 25 Development owned by the same Developer within the same Impact Fee District for the 29 same type of Public Facility Impact Fee. No such assignment or transfer of Impact Fee 30 credits shall be allowed until the original Development has been completed. Impact 3! Fee credits will be accomplished only through the operation of a credit agreement. 32 Should an assignment of credit be approved by the County through execution of such 33 an agreement, the assignee shall take the agreement as is and shall be bound by all of 34 the terms and conditions of the agreement as originally executed by the assignor and 35 other padies. No assignee (or transferee) of any such Agreement shall have the right 36 to any review procedure under this Chapter except to the extent expressly granted in 37 the agreement. The provisions of this paragraph shall apply to subsequent purchasers 35 or Successors in title Io the owner. 39 O. :: Any Applicant who submits a proposed credit,agreement purSuant to this 40 Chapter,'and desi'res the immediate issuance of a Building Permit shalPpay' tt~e Impact 4! Fee prior to or at the time of the appli~:ation for the building permit. Said payment shall 42 be deemed paid "under protest" and shall not be construed as a waiver of any review ! 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 41 42 rights. Any difference between the amount paid and the amount due, as determined by the County Manager, shall be refunded to the Applicant or Owner. P. In the event the amount of Impact Fee credit for a specific type of Public Facility, pursuant to an approved contribution or dedication, exceeds the total amount of Impact Fee for that same type of Public Facility imposed upon the Development, the contribution agreement may provide for the future reimbursement to the owner of the excess of such contribution credit from future receipts by the county of Impact Fees. However, no reimbursement shall be paid until such time as all development at the location which was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the date of completion of the development as determined by the County. ARTICLE III SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Section 74- 301. Overview of Special Requirements. Because this Chapter is a consolidation of Impact Fee regulations for different types'of Public Facilities, this Adicle III shall establish and provide additional or different provisions, requirements and limitations that apply only to a particular type of Public Facility. A separate section within this Chapter has been included for each type of Public Facility. In the event of a conflict between the general provisions of this chapter and the specific provisions set forth in this Article III, the terms and provisions of Article III shall control. Section 74-302. Special Requirements For Road Impact Fee. A. Short Name. This section may be known as "Special Requirements for Road Impact Fee." B. Purpose. It is hereby ascertained, determined and declared: 1. Both existing development and development necessitated by the growth contemplated in the Comprehensive Plan will require improvemenls and additions to the Transportation Network to accommodate and maintain traffic at the level of service adopted by the County. Future growth, as represented by new Development, should contribute to the cost of improvements and additions to the Transportation Network required to accommodate and traffic generated by such growth as contemplated in the Comprehensive Plan. 2..The required improvement and additions to the Transportation Network needed to acqommodate, exiSting traffic ~at the'lev'el ~of service adbpte~l by the County st~ Cbe;[jna,nced b~ revenue..~Ourc'es of the Coun!y 0ther,tllan Road ImPact!Fee.' ,"~ ~ 3. Implementation of a I~oad Impact¢ Fe~ to require futurei'Oevelopment to contribute the cost of required transpodation capital improvements and additions is an 36 Network. C, D. E. I integral and vital element of the regulatory plan of growth management incorporated in '~ the Comprehensive Plan of the County. 3 4. Future growth as represented by new Development requires capacity 4 additions to roads within the State Highway System, the County Road System and the 5 City Street System. The provision of these growth necessitated capacity additions to the 6 State Highway System and certain podions' of the city street system directly benefits all '7 residents of the County and is interrelated with the provision of growth necessitated $ improvements to the County Road System. In recognition of these findings and the 9 interconnections between the various road systems, it is the intent of the Board to lO impose an Impact Fee on Development occurring within the County and to utilize the ! ! proceeds to construct or acquire contemplated improvements and capacity additions to 12 the Transportation Network. 13 5. The Board expressly finds that improvements and additions to the 14 Transportation Network provide a benefit to all Development within the County in 15 excess of the Road Impact Fee. J6 6. In recognition that transportation planning is an evolving process, it is the J7 intent of the Board that improvements and additions to the Transpodation Network be 18 reviewed and adjusted periodically to insure that Road Impact Fees are imposed 19 equitably and lawfully and are utilized effectively based upon actual and anticipated 20 growth needs at the time of their imposition. 21 7. The County has a responsibility to provide and maintain cedain roads in 22 the County in both the unincorporated areas and within incorporated areas of the 23 County. Placing a fair share of the burden of the cost of providing the improvements 24 and additions to the Transportation Network required by Development within 25 incorporated areas constitutes a County purpose. Construction occurring within 26 incorporated areas impacts the County Road System and State Highway System within 2'7 Collier County. In recognition of these findings, it is the intent of he Board to impose 28 the Road Impact Fee on all Development occurring within the County, including areas 29 within municipal boundaries. 30 8. The purpose of this Section is to require the Development within the 3t County to provide for capital improvements and additions to the Transportation Network 32 which are necessitated by such Development. This chapter shall not be construed to 33 permit the collection of Road Impact Fees from Development in excess of the amount 34 reasonably anticipated to offset the demand on the Transpodation Network generated 35 by such Development. 36 9. This chapter shall not be construed to permit the expending or 37 encumbering of any monies collected through Road Impact Fees for the construction of 38 improvemelnts or additions to roads which are not contained within the Transportation 40 'Limitation on'Applicability. See Seotion 74-103. 41 Payment. See Section 74-202. 42 Use of Funds. 37 ! 1. The Road Impact Fee shall provide funds only for Off-site Improvements 2 to Transpodation Network roads within the same Road Impact Fee District where the 3 respective Development is located. An exception is permitted where a growth 4 necessitated improvement or addition(s) thereto is to be constructed to a portion of an 5 arterial road within a single Road Impact Fee District and the arterial road to be 6 improved extends into one or more other adjacent Districts. Road Impact Fees from ? each such Road Impact Fee District may be used in the respective adjacent District(s) $ provided that: 9 a. The improvement to be made in the adjacent District will 10 directly benefit Development in the District from which the Road Impact Fees are 1 ! generated; and 12 b. The expenditure of Road Impact Fees within the respective 13 adjacent Road Impact Fee District is proportional to the benefit derived by the District 14 wherein the Road Impact Fees are collected. t¢ 2. Prior to the expenditure of Road Impact Fees for a capital improvement l0 or addition located in a Road Impact Fee District other than where the Impact Fees l? were derived, a professional engineer shall provide a specific determination of benefit 18 and demonstrate compliance with the requirements of this Section for the proposed 19 expenditure. Expenditure of Road Impact Fees in a Road Impact Fee District other 20 than from where the Impact Fees were derived shall require approval from the Board 2! and the Board shall support the approval by a specific finding of benefit. 22 3. Access Improvements, including required right-of-way dedications, shall 23 be provided by the Applicant in accordance with all other applicable ordinances of the 24 County. 2.~ 4. Road Impact Fee District boundaries (where a road right-of-way is used 26 to define Road District boundaries, that portion of the road right-of-way demarcating the 27 boundary may be considered as pad of either District that it bounds): 28 a. Road Impact Fee District Number 1 is hereby created or affirmed to 29 include the boundaries set fodh and established as described and depicted in Appendix 30 B, attached hereto and incorporated by reference. Road Impact Fee District Number 1 3! shall include all areas previously included within District Numbers 1 and 2 created by 32 ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in 33 Schedule 1 is hereby adopted and the Road Impact Fees established in the Road 34 Impact Fee Rate Schedule are hereby imposed on all Development located within Road 3.5 Impact Fee District Number 1 at a rate established under the applicable Impact Fee 30 Land Use Categories. 37 b. Road Impact Fee District Number 2 is hereby created or 38 affirmed to include the boundaries set forth and established as described and depicted 39 in Ap'pendix B, attached hereto and incorporated by reference. Road Im, pac.t Fee District 40 N~mbe~;'2 shall!.include all a~eas.previously includSd wiihi~ District Numbers 3 and 5 41 created,by ordinance 85-55, as amended. The Road Impact Fee Rate Schedule 42 incorporated in Schedule 1 is hereby adopted and the Road Impact Fees established in ! such Road Impact Fee Rate Schedule are hereby imposed on all Development located 2 within Road Impact Fee District Number 2 at a rate established under the applicable 3 Impact Fee Land Use Categories. 4 c. Road Impact Fee District Number 3 is hereby created or affirmed to 5 include the boundaries set fodh and established as described and depicted in Appendix 6 B, attached hereto and incorporated by reference. Road Impact Fee District Number 3 '7 shall include all areas previously included within District Number .4 created by $ ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in 9 Schedule 1 is hereby adopted and the Road Impact Fees established in such Road t0 Impact Fee Rate Schedule are hereby imposed on all Development located within Road 11 Impact Fee District Number 3 at a rate established under the applicable Impact Fee t2 Land Use Categories. t3 d. Road Impact Fee District Number 4 is hereby created or affirmed to 14 include the boundaries set fodh and established as described and depicted in Appendix t5 B, attached hereto and incorporated by reference. Road Impact Fee District Number 4 J0 shall include all areas previously included within District: Number 6 created by 17 Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in ]$ Schedule 1 is hereby adopted and the Road Impact Fees established in such Road t9 Impact Fee Rate Schedule are hereby imposed on all Development located within Road 20 Impa~t Fee District Number 4 at a rate established under the applicable Impact Fee 21 Land Use Categories. 22 e. Road Impact Fee District Number 5 is hereby created or affirmed to 23 include the boundaries set forth and established as described and depicted in Appendix _.34 B, attached hereto and incorporated by reference. Road Impact Fee District Number 5 25 shall include all areas previously included within District Number 9 created by 26 Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in 2'7 Schedule 1 is hereby adopted and the Road Impact Fees established in such Road 25 Impact Fee Rate Schedule are hereby imposed on all Development located within Road 29 Impact Fee District Number 5 at a rate established under the applicable Impact Fee 30 Land Use Categories. 31 f. Road Impact Fee District Number 6 is hereby created or affirmed to include the 32 boundaries set forth and established as described and depicted in Appendix B, 33 attached hereto and incorporated by reference. Road Impact Fee District Number 6 34 shall include all areas previously included within District Number 8 created by 35 Ordinance 85-55, as amended. The Road Impact Fee Rate Schedule incorporated in 36 Schedule 1 is hereby adopted and the Road Impact Fees established in such Road 37 i~lmpact Fee Rate Schedule are hereby,imposed on all Development located within Road 38 impact Fee District Number 6 at a rate established under the applicable Impact Fee 39 ~,*Land useicategories. ~ !i' ~ 'i~ ~. : ~ ' : ~' ~' ~ .... ; ~. 40 ~,, ... g. R. ecd I~pact Fee Dislrict ~.u,ml~er,7.js ,hereby created,or.affirmed to 41 include ~he boundaries set foalh and estabiished as dbscribed and dec)icted ir~ Appendix 42 B, attached hereto and incorporated by reference. Road Impact Fee District Number 7 39 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 shall include all areas previously included within District Number 11 created by Ordinance 85-55, as amended. No Road Impact Fee shall be initially imposed upon Development located within Road Impact Fee District Number 7. h. Road Impact Fee District Number 8 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in Appendix. B, attached hereto and incorporated by reference. Road Impact Fee District Number 8 shall include all areas previously included within District Numbers 7 and 10 created by Ordinance 85-55, as amended. No Road Impact Fee shall be initially imposed upon Development located within Road Impact Fee District Number 8. 5. The Board of County Commissioners hereby establishes (or affirms) eight (8) separate trust funds for the Road Impact Fees to be designated as the "District Number 1 Road Impact Fee Trust Fund," "District Number 2 Road Impact Fee Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund", "District Number 7 Road Impact Fee Trust Fund District Number 8 Road Impact Fee Trust Fund." 6. The monies deposited into the respective Road Impact Fee Trust Funds shall be used solely to provide additions and improvement to the Transportation Network required to accommodate traffic generated by growth. F. Impact Fee Rates. The Road Impact Fee Rate Schedule incorporated in Schedule 1 is hereby adopted and the Road impact Fees established in the Road Impact Fee Rate Schedule are hereby imposed on all Development as required in this Chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-303. Special Requirements For Water Impact Fee and/or Sewer Impact Fee. A. Shod Name. This section may be known as "Special Requirements for Water Impact Fee and/or Sewer Impact Fee." B. Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Water and Sewer Impact Fees. In addition, the Board finds that the Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems. The Board has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the laws of the State of Florida, including, but not limited to chapter 125, Part II of chapter 153, chapter 164, and chapter 380, Florida Statutes; chapters 78-489 and 88-499, Laws of Florida, and Article 8 of the Constitution of the State of Florida. collier County Land Development Regulations and Policies require persons to install, use, operate or emptoy interim water and/or sewer treatment facilities when such 'persons choose to develop lands in advance of the expansion of the 'r.egional 'sewer system within the ~distriO. Collier County Land Development Regulations. and Policies require. that OWners' of land connected to' nter!cT~ sewer facilities disconnect from such facilities and connect to the regional water and/or seWer 40 ] system whenever the regional sewer system becomes available within the district. The 2 Board specifically finds that future growth within the non-excluded areas (as described 3 in Section 74-303.C.) should contribute its fair share to the cost of improvements and 4 additions to the water and sewer facilities that are required to accommodate the use of 5 such facilities within the non-excluded areas. 6 C. Limitation on Applicability. 7 Notwithstanding the General Applicability provisions set forth in this Chapter, $ Water and Sewer Impact Fees shall be limited as follows: 9 1. Shall not apply within the geographic areas expressly excluded by this 10 Ordinance from the imposition of Water and Sewer Impact Fees: For purposes of the II water and/or sewer service, Development shall include only Development on lands 12 within the Collier County Water-Sewer Distr,ct, exclusive of lands encompassed by the 13 geographic areas described hereunder. Lands within Collier County generally excluded 14 from the generally applicable definition of "Development" as it relates to the water l_';; and/or sewer service include (the exclusions set fodh below are not all-inclusive); Lands ]6 lying within the excluded areas which are either required to connect or request I,'7 connection to the Regional Water System, or which otherwise create a growth IS necessitated demand upon the Regional Water System shall be subject to the 19 imposition of impact fees in accordance with this Chapter in the same manner as if said 20 lands were not within an excluded geographic area: 2] a. Those areas lying within the boundaries of the former Marco Water 22 and Sewer District. Exclusion of the Marco Water and Sewer District recognizes that _.33 this area is not presently planned to be served by treatment capabilities of the Regional 24 Water and/or Regional Sewer Systems. 2.~ b. Those areas lying within the boundaries of the Goodland Water 26 District. Exclusion of the Goodland Water District recognizes that this area is not 2'7 presently planned to be served by the treatment capabilities of the Regional Water 2S and/or Regional Sewer Systems. 29 c. The following exclusion of the geographic areas in Golden Gate 30 Estates recognize that the nature of the previous development, the platting of these 31 areas primarily into large residential tracts and the present zoning and constraints of the 32 Comprehensive Plan have severely limited the density and use of these areas in such a _~3 manner as to make it economically impractical to serve most of these areas in the 34 foreseeable future via the Regional Water and/or Regional Sewer Systems or any other 35 centralized water and/or sewer utility. 36 (1) Golden Gate Estates, Unit No. 1, Plat Book 4, Page 73, Public 37 Records of Collier County, Florida. 38 (2) Golden Gate Estates, Unit No. 2, Plat Book 4, Page 75, Public 39 Records of Collier County, Florida. 40 (3) ' Golden;Gates Estates, Unit No. 3, Plat'Book 4, Page 77, Public 41 ',. , RecOrds of COllier County, Florida. 43 (,4)" Golden Gates ;.Estates, Unit No. 4, Plat Book 4, Page 79, Public 41 ~ Records of Collier County, Florida. 2 (5) Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public 3 Records of Collier County, Florida. 4 (6) Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public 5 Records of Collier County, Florida. 6 (7) Golden Gates Estates, Unit No. 28, Plat Book 7, Page 19, Public ? Records of Collier County, Florida. $ (8) Golden Gates Estates, Unit No. 29, Plat Book 7, Page 57, Public 9 Records of Collier County, Florida. 10 (9) Golden Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public ! ~ Records of Collier County, Florida. This subdivision is now part of ~ 2 Florida Cities Water Company's certificated area. I3 (10) Golden Gales Estates, Unit No. 31, P~at Book 7, Page 59, Public 14 Records of Collier County, Florida. This subdivision is now part of t ¢ Florida Cities Water Company's certificated area. ]6 (11) Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public 1 ? Records of Collier County, Florida. 1,~ (12) Golden Gates Estates, Unit No. 33, Plat Book 7, Page 60, Public 19 Records of Collier County, Florida. 2(-t (13) Golden Gates Estates, Unit No. 34, Plat Book 7, Page 23, Public 21 Records of Collier County, Florida. 22 (14) Golden Gates Estates, Unit No. 35, Plat Book 7, Page 85, Public 2_~ Records of Collier County, Florida. 24 (15) Golden Gates Estates, Unit No. 95, Plat Book 9, Page 45, Public _~_~ Records of Collier County, Florida. 26 (16) Golden Gates Estates, Unit No. 96, Plat Book 7, Page 94, Public -~-~ Records of Collier County, Florida. 2S (17) Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public 2,) Records of Collier County, Florida. 30 d. Those areas lying within the Marco Shores, Unit 1, Sections 26 and 31 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the 32 Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, 33 recognizes that this area is not presently planned to be served by treatment capabilities 34 of the Regional Water and/or Regional Sewer Systems. 35 e. Ridge Farms Subdivision (not platted) described as follows: Begin 3.6 at Southeast corner of Section 6, Township 49 South, Range 26 East, Collier County, 37 .Florida; thence north 88 degrees 50 minutes 15 seconds east along the south line of 3S said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line 39 of Section 6 a distance of 3044.40 feet to the east quarter corner; thence continuing 40 ~hodh &long said line a distance of 428.84 feet;; thence leaving'said east line nodh 88 "41 ~l~re'es 4.0 minutes 58 secdnds"west, a distance of 128.5.80 feet; thence i~sCU~h 1 degree 42 !10 minutes 35 seconds east, a distance of i523~35 feet; thence SOuth 0 degrees 00 42 I minutes 00 seconds east, a distance of 137.19 feet; thence nodh 88 degrees 41 minutes 2 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; 3 thence south 0 degrees 00 minutes 00 seconds east along said east line a distance of 4 3038.77 feet to the point of beginning. Said described tract contains 371.460 acres, 5 more or less. More generally described as those propedies adjacent to or abutting 6 Hunters Road, Livingston Road, and Daniels Road. 7 f. Areas Nodh of Radio Road - located within Section 31, Township 8 49 South, Range 26 East, Collier County, Florida, generally described as those 9 propedies adjacent to or abutting San Marco Boulevard, St. Clair Shores Road, Owen ]0 Lane, and Family Circle Lane. 11 g. All of Section 8, Township 50 South, Range 26 East (excluding 12 Falling Waters); Pads of Section 9, Township 50 South, Range 26 East; Pads of Section 13 16, Township 50 South, Range 26 East; Pad of Section 17, Township 50 South, Range 14 26 East; Pad of Section 17, Township 50 South, Range 26 East; and Pad of Section 7, 15 Township 50 South, Range 26 East all of Collier County, Florida; more specifically 16 described as those propedies adjacent to or abutting Heritage Trail, Unity Way, Cope 17 Lane; Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., iS Sandy Lane Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane 19 and Cynthia Way. 20 h. Those areas lying within the Key Marco Community Development 2l District. Exclusion of the Key Marco Community Development District recognizes that 22 this area is outside the Collier County Water-Sewer District. 23 i. All those areas lying within the Collier County Water and 24 Wastewater Authority cedificated areas of Florida Cities Water Company, and Fl'orida 25 Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their 26 successors or assigns, located within Collier County, Florida. (The only exceptions to 27 this provision to provide service within these certificated areas may exist when the 28 padies enter into a written agreement for water service to be provided by the County.) _39 j. All those areas located within the City of Naples service areas as 3(;) described in the October, 1977 City/County Agreement and amendments thereto, or 3! other geographic areas within the City of Naples that are not served by the County with ~2 the respective water and/or waste water service. 33 k. Area of CR951 and US41: one mile sections that run west of the 34 Collier County Water-Sewer District Boundary described as follows: All of Section 36, 35 Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, Township 36 50 South, Range 26 East All of Section 2, Township 51 South, Range 26 East; Pads of 3? Sections 1, 11, and 12, Township 51 South, Range 26 East; Pads of Sections 7, 8, 16, 38 17, 18, 20, 21, 22, and 27, Township 51 South, Range 27 East, all of Collier County, 3':) Florida. 40 . I. Parker Hammock Subdivision (not platted).as described as 41 f?llOWs: lOCated., wilhir~ Section 16, Tdwnship,50 So,uth,; Range 26 East;.C01lier County,~ 42 ,Flori~la, geCterally described as those propedi~s adjacent to or abutting the north side of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 ;41 42 Rattlesnake Hammock Road, east of Shadow Wood Villas and west of Huntington Woods; shown on property appraiser tax map as Lot 13 through Lot 44. 2. Areas generally excluded from the imposition of only the sewer component of the Water and Sewer Impact Fee: The exclusions set forth below are not absolute; Lands lying within the excluded areas which are either required to connect or request connection to the Regional Sewer System, or which otherwise create a growth necessitated demand upon the Regional Sewer System shall be subject to the imposition of impact fees in accordance with this chapter in the same manner as if said lands were not excluded: a. Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 24, Public Records of Collier County, Florida. b. Exclusion of the following areas in Pine Ridge Subdivision, Pine Ridge Extension, and Pine Ridge Second Extension recognizes that the nature of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable future via the Regional Water and/or Regional Sewer Systems or any other centralized water or centralized sewer utility. (1) Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida. (2) Pine Ridge Extension, Plat Book 4, Page 29, Public Records of Collier County, Florida. (3) Pine Ridge Second Extension, Plat Book 10, Page 86, Public Records of Collier County, Florida. (4) Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida. c. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Westview Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically described as those properties adjacent to or abutting Lorraine Road, Kathy Street, Gall Boulevard, Esther Street, Donna Road, Westview Drive, and on North Road. d. Four Seasons, according to Plat Book 10, Page 95, Public Records of Collier County, Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County, Florida. e. Quail Woods (previously known as Edgewild), according to Plat Book 13, page 44, Public Records of Collier County, Florida; more specifically described ".Os b, II single t~amily I~)ts adjacent to or abutting "The Lane." .'~ '!~ !. Tall Pi~hes,,.acqordin9 to Plat' B~ok 12, Page 70, PUblic Record of -:Collier:, County, Flodda; 44 ! g. Isle of Capri No. 1, according to Plat Book 3, Page 41, Public 2 Records of Collier County, Florida; Isle of Capri No. 2, accordin§ to Plat Book 3, Page 3 46, Public Records of Collier County, Florida; Isle of Capri No. 3, according to Plat Book 4 3, Page 66, Public Records of Collier County, Florida; Isle of Capri Business Section, 5 according to Plat Book 3, Page 52, Public Records of Collier County, Florida. 6 D. Payment. 7 1. For purposes of the Water and Sewer Impact Fees, Development shall 8 be subject to the payment of Impact Fees under this Section 74-303, upon the first 9 occurrence of any of the following: ]0 a. Subject to Subsection 74-201.D.4, whenever any Building or use ]1 which has not previously paid the applicable Water and/or Sewer Impact Fees under ]2 this Chapter, or any predecessor Ordinance in function, connects to the Regional t3 Sewer System and/or the Regional Water System; 14 b. Any Building or use is connected, or interim water and/or sewer IV systems, is connected either directly or indirectly, to the Regional Water System and/or ]6 Regional Sewer System; or 17 c. Whenever (i) any person applies for a Building Permit to construct lS (or place or install) a Building or utilize a use or Development improvement within the 10 boundaries of the Collier County Water-Sewer District, even though the subject lands _.30 are then receiving (or may in future receive) interim water and/or sewer services from a 21 source other than the Collier County Water-Sewer District, or (ii) do not then request 22 any such service but are located in a place where it is physically possible to effect a 2.~ physical interconnection with the respective Regional Water-Sewer District's facilities. 24 This last provision is to preclude the possibility of unauthorized interconnections without _.3_~first paying to the County all then applicable Water and/or Sewer Impact Fees. 2~ d. Whenever a person applies for a Building Permit to alter an existing 37 Building, use or applicable improvement then connected to the Regional Water System 28 and/or Regional Sewer System, if such alterations increase the demand or the potential 29 demand on the Regional Water System and/or Regional Sewer System. 30 2. Subject to availability of funds, the County may enter into agreements to 31 extend payment (offer installment payments) of Water and/or Sewer Systems Impact 32 Fees and associated costs over a period not to exceed seven (7) years with Owners of 33 then existing Buildings, structures or applicable improvements which are mandated to 34 connect to the Regional Water and/or Regional Sewer Systems. Prior to the County 35 entering into any agreements to extend payments, and from time-to-time thereafter, the 36 Board shall identify a specific source of funds to be used relative to providing extended 37 payment and the cost of such funds, including all expenses and costs incidental to .~8 ~obtaining or providing same, including interest at the interest rate that the Board or the 39 Public Utilities Administrator will employ in offering extended payment with interest, and 4o ,a reasonabe estimation of the administrative Cosls of .. expenses ~assOCiated with 41 administerin~i the extended payment alternative to the,respective la~d(s)i 42 a. The County shall only enter into agreements to extend, installment I payment of the Water and/or Sewer Systems Impact Fees and associated costs with 2 Owners of then existing buildings, structures or applicable improvements, mandated to 3 connect to the Regional Water and/or Regional Sewer Systems. 4 b. The amount of payment, including any title verification expenses 5 and a reasonable estimation of the cost and expense associated with providing an 6 extended payment alternative, shall be paid in equal monthly payments with an annual ? interest rate as determined by the State Comptroller's Office. State document stamp and $ recording fees will be upfront costs borne by the owner and shall be paid in full at the 9 time the extended payment agreement is executed. The interest rate charged shall be 10 representative of the County's cost of funds, including all expenses or costs incidental to Il obtaining or providing same, if any. The interest charged should be adjusted during ]2 January of any calendar year in accordance with the then applicable ordinance (currently 13 Ordinance Nos. 96-17 and No. 96-18) and shall be based on the County's cost of funds 14 for the immediately preceding fiscal year. Failure to make such an adjustment in any 15 given January shall not preclude retroactive adjustments of such interest rates. 16 c. With the exception of the approval and execution of agreements, or 17 an aggregation of related agreements, with a face amount in excess of $6,000, the Board l S hereby delegates to the Public Utilities Administrator the power and authority to enter 19 into, modify, and release such extended payment agreements in conformance with the 20 provisions of this chapter. The Standard Form agreement, and any other associated 2! documentation, shall be in a form approved by the Board and acceptable to the County 22 Attorney. No such Standard Form Agreement shall be modified unless, in the opinion of 23 the County Attorney, there then exists a compelling reason to do so. Each such 24 agreement shall be recorded in the Official Records upon approval of the Public Utilities 2.~ Administrator. 2o d. For an agreement, or an aggregation of related agreements, to 2? extend payment of impact fees and associated costs with a face amount in excess of 28 $6,000, the County shall require the procedure and documentation for extending 29 payments to substantially and reasonably conform to generally accepted and reasonably 30 applicable commercial lending practices, including but not limited to the requirement for 31 acceptable personal guarantees from one or all of the Owners (or individuals owning a 32 beneficial interest therein. At its sole option the County may contract with outside 33 counsel or a servicing agent to prepare such documentation and to advise the County 34 relative to conformance with generally accepted commercial lending practices and the 35 costs of same shall be borne by the Owner. 3.6 e. Upon satisfactory payment of alt principal, interest, and associated 3? costs under an extended payment agreement the County shall execute a Satisfaction of 38 Lien and record same in the Official' Records of Collier County. A copy of the recorded 39 Satisfaction of Lien will be mailed (to the mailing address provided to the County by the {40 other contracting party) by regular U.S. mail to the record Owner within six~ (60) days 741 .' from receipt of full payment. 4.6 1 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 2(} 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 f. In recognition that the payment of the Water and/or Sewer Systems Impact Fees for then existing mobile home park or rental housing will generally, in some manner, be passed through to the occupants by an Owner, and in recognition that if such pro-rata Impact Fee pass-through is collected as one single payment by the Owner, that such a pass-through may cause financial hardship on these occupants, the Board, in its sole discretion, may require the Owner to covenant and agree, for the benefit of all affected persons, to pass through entirely and on the same terms all the benefits of any extended payment of the Impact Fees to the offecteO persons. E. Use of Funds. See Section 74-203. F. Impact Fee Rates, The Water and Sewer Impact Fee Rate Schedule incorporated in Schedule 2 is hereby adopted and the Water and Sewer Impact Fees established in the Water and Sewer Impact Fee Rate Schedule are hereby imposed on all Development as required in this chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-304. Special Requirements For Parks and Recreation Impact Fee. A. Short Name. This section may be known as "Special Requirements for Parks and Recreation Impact Fee." B. Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Parks and Recreation Impact Fees, C. Limitation on Applicability. See Section 74-103, D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Parks and Recreation Impact Fee Rate Schedule incorporated in Schedule 3 is hereby adopted and the Parks and Recreation Impact Fees established in the Parks and Recreation Impact Fee Rate Schedule are hereby imposed on all Development as required in this chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-305. Special Requirements For Library Impact Fee. A. Short Name. This section may be known as "Special Requirements for Library Impact Fee." Purpose. The purpose of this section is to tailor the general common requirements of the Ordinance to the specific requirements of Library Impact Fees. C. Limitation on Applicability. See Section 74-103. · D. Payment. S~e'Sec!ion 74-202. E'. Use of Funds. See Sec[ion 74-203. F. Impact Fee Rates. ~ 47 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 t5 16 15 19 2(} 21 23 24 25 26 27 28 20 3o 31 32 33 34 35 36 37 38 39 ~40 41 42 The Library Impact Fee Rate Schedule incorporated in Schedule 4 is hereby adopted and the Library Impact Fees established in the Library Impact Fee Rate Schedule are hereby imposed on all Development as required in this chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-306. Special Requirements For Emergency Medical Services Impact Fee. A. Short Name. This section may be known as "Special Requirements for Emergency Medical Services Impact Fee." B. Purpose, The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Emergency Medical Services Impact Fees. D. E. F. Limitation on Applicability. See Section 74-103. Payment. See Section 74-202. Use of Funds. See Section 74-203. Impact Fee Rates. The Emergency Medical Services Impact Fee Rate Schedule incorporated in Schedule 5 is hereby adopted and the Emergency Medical Services Impact Fees established in the Emergency Medical Services Impact Fee Rate Schedule are hereby imposed on all Development as required in this chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-307, Special Requirements For Educational Facilities Impact Fee. A. Short Name. This section may be known as "Special Requirements for Educational Impact Fee." B. Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Educational Impact Fees. In addition, the Board recognizes that the School Board Policy is that the improvements and additions to the Educational system required to accommodate future growth shall be funded by the revenue derived from the Impact Fees as well as by existing revenue sources, therefore credit shall be given for tax revenue sources which have been utilized in prior years for the funding of Educational System improvements or additions. In the event that this policy is altered by the subsequent action of the School Board, or if additional revenue is received and committed to necessitated improvements and additions of the Educational system, the Impact Fee shall be adjusted at the periodic review required herein and credit shall be given for any revenue which has been utilized for growth- required improvements and additions to the Educational system. "~C. Limitation on Applicability. See ~Section 74~103/ . , D~ Payment. S e S~ction 74-202. ~. ~ E. Use of Funds. Se~ Section 74-~03.~ 48 ! 3 4 5 6 7 8 9 I0 11 12 13 15 16 17 15 19 20 £1 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 39 40 dl F. Impact Fee Rates. The Educational Facilities Impact Fee Rate Schedule (Schedule) established in Schedule 6 is hereby adopted by reference to the Schedule. The Educational Impact Fee rate to be imposed on any Development is the rate established in the then adopted Schedule as such rate may be set forth for a certain Impact Fee Land Use Category, and as such rate in the Schedule may, from time to time, be amended. Notwithstanding any other provision of this chapter, Educational Impact Fees will be imposed on individual sites in Recreational Vehicle Parks at the same rate as may then apply to Mobile Home sites, unless the Schedule, as now adopted, or as may hereafter be amended, provides otherwise. Section 74-308. Special Requirements For Correctional Impact Fee. A. Short Name. This section may be known as "Special Requirements for Correctional Impact Fee." B. Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Correctional Impact Fees. C. Limitation on Applicability. See Section 74-103. D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Correctional Impact Fee Rate Schedule incorporated in Schedule 7 is hereby adopted and the Correctional Impact Fees established in the Correctional Impact Fee Rate Schedule are hereby imposed on all Development as required in this chapter at a rate established under the applicable Impact Fee Land Use Categories. Section 74-309. Special Requirements For Fire Impact Fee. A. Short Name. This section may be known as "Special Requirements for Fire Impact B. Purpose. 1. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of Fire Impact Fees. 2. The Board specifically finds that future growth within the Isles of Capri Fire District and the ©chopee Fire District should contribute its fair share to the cost of improvements and additions to the fire facilities that are required to accommodate the use of such facilities within the Districts. C. Limitation on Applicability. Notwithstanding the General Applicability provisions set forth in Section 74-103, Fire Impact Fees shall be limited as follows: 1. For purposes of the Fire impact Fees, Development shall include only Development :.on lands within the Isles of"Capri'Fire District and the'O6hopee Fire District as described below. I 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 313 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 2. The Fire Impact Fee shall provide funds only for Off-site Improvements to fire facilities within the Fire Impact Fee District where the Development is located. 3. The Board of County Commissioners hereby establishes the following Fire Impact Fee Districts: Isles of Capri Fire District: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5, and 6 of Township 52 South, Range 26 East, which lie north of the Marco River. ©chopee Fire District: Township 51S of Range Township 53S of Range Township 51S of Range Township 53S of Range Township 51S of Range Township 53S of Range Township 51S of Range All of Township 50S of Range 34E; 34E; Township 52S of Range 34E; 34E; Township 50S of Range 33E; 33E; Township 52S of Range 33E; 33E; Township 50S of Range 32E; 32E; Township 52S of Range 32E; 32E; Township 50S of Range 31E; 31E; Township 52S of Range 31E; Township 53S of Range 31E; Township 50S of Range 30E; Township 51S, Range 30E; Township 52S, Range 30E; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53S, Range 30E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35, and 36, Township 52S, Range 29E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 36, Township 53S, Range 29E; including the incorporated area of the city of everglades being more particularly described as the Town of Everglades as described in Plat Book 1, pages 87-95 of the Public Records of Collier County, Florida; and including Sections 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, and 24, Township 52S, Range 28E; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township 51S, Range 27E; Section 1, Township 52S, Range 27E. D. Payment. See Section 74-202. E. Use of Funds. See Section 74-203. F. Impact Fee Rates. The Fire Impact Fee Rate Schedule incorporated in Schedule 8 is hereby adopted and the Fire Impact Fees established in the Fire Impact Fee Rate Schedule are hereby imposed on all Development as required in this Ordinance at a rate established under the applicable Impact Fee Land Use Categories. "High rise development" is intended to mean three stories and higher. ARTICLE IV AFFORDABLE HOUSING IMPACT FEE WAIVER OR DEFERRAL Section 74-401. Impact Fee Waiver or Deferral. A. To qualify for an Affordable Housing impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: ~ 1. The Owner(s) or anticipated Owner(s) of Dwelling Unit must have a ;:yery:tow, iow, or moderate income evel; at the time of final execution by the County of waive..r or deferral agreement as those income level terms are defined in Section 4.02, 50 I and the monthly payment to purchase the unit must be within the Affordable Housing £ guidelines established in Section 4.02. A Dwelling Unit shall qualify as "owner- .~ occupied" if a written affirmation from the developer to the County-guarantees the 4 requisite affordable housing units will be constructed, and the affirmation is in effect at 5 the date of execution of the Impact Fee waiver or deferral agreement by the County and 6 within twenty-four (24) months from the date of issuance of the certificate of occupancy 7 or the execution of the-affirmation whichever is later, any option to purchase is 8 exercised d the purchaser takes ownership of Dwelling Unit. If the purchaser fails to 9 purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or 10 deferred Impact Fee must be immediately paid unless the Dwelling Unit is sold to ! ! another qualifying Owner. !2 2. The Owner, or if there is more than one Owner, one of the Owners, !3 must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must 14 not have had an ownership interest in his/her primary residence in the past three (3) 15 years. t f; 3. The Dwelling Unit must be the homestead of the Owner(s). l';' 4. The Dwelling Unit must remain Affordable Housing for fifteen (15) I ;~ years from the date a cedificate of occupancy is issued for the Dwelling Unit, unless the 19 impact fee is paid in full to the County. 20 B. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must 21 meet all of the following criteria: 22 1. The household renting the Dwelling Unit, including any Multi-family 23 Dwelling Unit, must have a very Iow or Iow income level, at the commencement of the 24 leasehold and during the duration thereof, as those terms are defined in Section 74-402 £5 and the amount of rent must be within the Affordable Housing guidelines established in £6 Section 74-402. 27 2. The Dwelling Unit must be the household's permanent residence. 2S C. All Impact Fees deferred for owner-occupied Dwelling Unit at the time the 29 Building Permit was issued shall become due and payable and shall be immediately .~0 paid in full to the County upon the sale of the Dwelling Unit to a non-qualified .~! purchaser; provided, however, if the Impact Fee deferral was paid with State Housing 32 Initiatives Partnership (SHIP) Program funds, payment will be made to the Collier 33 County affordable housing trust fund. For purposes of this Article, a non-qualified 34 purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in 35 subsection A above or a Person who does not agree to the terms of the waiver or 36 deferral of impact fees agreement. ~'7 D. Deferred Impact Fees for rental dwelling units, including any Multi-family 38 Dwelling Units, shall in all events be due and payable not later than six (6) years and 39 nine (9)months after the execution of the impact fee deferral agreement by the County. 40 ';,' SUch',fees!shall be accelerated and automat!catty be due andpayable prior k) that time 41 ' period if there is .any breach' of the subject Impact Fee Deferral Agreement by the non- ! County party. 2 E. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time 3 a Building Permit was issued shall become due and payable and shall be immediately 4 paid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser 5 during the fifteen (15) year period after the certificate of occupancy was issued for the 6 Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives '7 Partnership (SHIP) Program funds, payment will be made to the Collier County 8 affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in 9 compliance with this Article for fifteen (15) years after the date the cedificate of I0 occupancy was issued for the Dwelling Unit, the Impact Fees are no longer due and the ! 1 lien on the subject property shall be released. 12 F. The percentage of the total Impact Fee which shall be waived or deferred 13 pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling 14 Unit, including any Multi-family Dwelling Unit, shall be the percentage set forth in ~ ? Section 4.02 below. The Impact Fees waived or deferred shall be a lien on the property ~(~ until all requirements under this Article and the Agreement have been satisfied. 1'7 G. Rentals & Owner Occupied Dwelling Units. I~ 1. Annually, the Owner (i.e., Lessor) of a rental Dwelling Unit, 19 including any Multi-family Dwelling Unit, shall provide to the County Manager an 20 affidavit of compliance with the criteria set forth in this Section. The affidavit must be _.31 filed within thidy (30) days of the anniversary date of the issuance of a cedificate of 22 occupancy. If the affidavit is not filed on time the Affiant shall pay to the County a fifty 33 dollar late fee. If the income of any unit renter which originally qualified as very Iow or 24 Iow income level as defined in Section 74-402 below exceeds the Affordable Hobsing 25 benefit standards set forth in Section 74-402 by more than forty percent (40%), then the 26 deferred Impact Fee shall become immediately due and payable by the Owner or, in 27 the alternative, the Owner shall have ninety (90) days to comply with the Affordable 25 Housing standards set forth in Section 74-402 below. Developments which are then 20 monitored by the Florida Housing Finance Corporation, or any other state or federal 30 agency, will not be required to file this separate affidavit of compliance with the County 31 Manager, 32 2. If the household income of the qualified owner-occupied Dwelling 33 Unit rises above the benefit standards for waivers and deferrals set forth in Section 74- 34 402 below, the Owner shall maintain the waiver and/or deferral. Notwithstanding the 35 foregoing, all outstanding Impact Fees waived or deferred shall be paid in full upon 36 sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived 2,7 Impact Fees where the Owner has complied with the Waiver or Deferral Agreement 35 and the Affordable Housing criteria set forth in this Article for fifteen (15) years after 39 issuance of the certifiCate of occupancy. ' 40 H. The Owner receiving an Impact Fee'waiver or deferral Shall',enter into a Waiver or Deferral Agreement 'of 'lmpact~ Fee ~Agreement with the Ct~unty which 42 .~agreement shall pro~/ide for, at a minimum, the following'and shall further'include such I provisions deemed necessary by the Board to effectuate the provisions of this Article: 2 1. The legal description of the Dwelling Unit. 3 2. Where an Impact Fee waiver or deferral is given to an Owner who 4 will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the 5 Development must be sold or rented to households meeting the criteria set forth in this 6 Article in order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid ,7 for with State Housing Initiatives Partnership (SHIP) Program funds will only be $ granted directly to buyers meeting Section 74-402's qualifications and approval prior to 9 Building Permit issuance. A Dwelling Unit shall qualify as "owner-occupied" if a written 10 affirmation by the developer to the County guarantees the requisite affordable housing ! 1 units will be constructed, and the affirmation is in effect at the date of execution by the 12 County of the Impact Fee Waiver or Deferral Agreement and within twenty-four (24) 13 months from the date of issuance of the certificate of occupancy or the execution of 14 the affirmation, whichever is later, any option to purchase is exercised and the 15 purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the 16 Dwelling Unit within the twenty-four (24) month period, then the waived or deferred ],7 Impact Fee must be paid immediately unless the subject property is sold to another ] 8 qualifying Owner. 19 3. For each such owner-occupied Dwelling Unit, the amount of Impact 20 Fees deferred shall be paid to the County in full upon the sale or transfer to a non- 21 qualified purchaser. If Impact Fees were paid with State Housing Initiatives partnership 22 (SHIP) Program funds, payment in full will be made to the Collier County Affordable 2.~ Housing Trust Fund. For rental units, including any Multi-family Dwelling Unit, the 24 Impact Fees deferred shall in all events be due and payable no later than six (6) ~ears 2.~ and nine (9) months after the execution by the County of the impact fee deferral 26 Agreement. Such fees shall be accelerated and thereby be automatically due and 27 payable prior to that time period if there is any breach in the subject Impact Fee 2S Deferral Agreement by the non-County party. _~9 4. For owner-occupied Dwelling Units where Impact Fees have been 30 waived, the Dwelling Units must be utilized by the original qualifying Owner, or 3] subsequent qualifying purchaser, as Affordable Housing in compliance with this Article 32 for a fifteen (15) year period after the certificate of occupancy is issued and if the 33 Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be paid in full 34 to the County before the closing becomes final. If not so paid, the obligation shall be a 3.5 lien on the dwelling unit under the following subsection. If Impact Fees were paid with 36 State Housing Initiatives Partnership (SHIP) Program funds, repayment will be made to 3'7 the Collier County affordable housing trust fund. 38 5. The deferred and/or waived Impact Fees shall be a lien on the 30 property which lien may be foreclosed upon in the event of non-compliance with the 40 requirements of the Agreement. The Agreement described herein shall operate as a 4] ,, lien against the DWelling'~ unit. The Iien shall, lermin,~te Upon,.the recording of a release 42 or satisfaction of lien:in the public,records of Collier County. In the case of a waiver, 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the Agreement or upon payment in full. In the case of a deferral, such release shall be recorded upon payment in full. Neither the deferred and/or waived Impact Fees nor the Agreement providing for the waiver and/or deferral of Impact Fees shall be transferred, assigned, credited or otherwise conveyed from the Dwelling Unit. The deferrals and/or waivers of Impact Fees and the Agreement thereto shall run with the land. 6. Annually, the Owner of a rental Dwelling Unit, including any Multi- family Dwelling Unit, shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Adicle. The affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the Affiant shall pay to the County a fifty dollar late fee. If the income of any home renter or duplex unit renter which originally qualified as very Iow or Iow income level as defined in Section 74-402 below exceeds the Affordable Housing benefit standards set forth in Section 74-402 by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Section 74-402 below. Developments which are monitored by the Florida Housing Finance Corporation or similarly monitored by any other state, or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. Upon satisfactory completion of the Agreement's requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. 8. In the event the Owner is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that the waived or deferred Impact Fees are then immediately due and payable. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 9. The Agreement shall be binding upon the Owner's successors and assigns. 10. The Agreement shall be recorded in the Official Records of Collier County at no cost to the County. I. The amount of Impact Fee waivers and deferrals granted pursuant to this Article shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance · ,Planf'as established by chapter :114, article III.of this Code. Fees waived or deferred ? ~,~all', be paid by the, Board into the appropriate Impact Fee Trust Accouht Within six (6) years";and nine (9) months from the date of~; the:award of a waive,,f and/or deferral as 54 I provided herein, but in no event, later than that time when that amount is needed for a 2 project funded by those Impact Fees waived or deferred. The Board shall pay into the 3 appropriate Impact Fee Trust Account such amounts equal to any Impact Fees 4 previously waived or deferred by the Board, within six (6) years and nine (9) months .5 from the date of such waiver, or deferral, but in no event, later than the time when that 6 amount is needed for a project funded by those Impact Fees waived or deferred. The ? Board shall pay into the appropriate Impact Fee Trust Account such amounts equal to $ any Impact Fees previously waived or deferred by the Board, within six (6) years and 9 nine (9) months from the date of such waiver, or deferral, but in no event, later than the l0 time such amounts are needed for a project funded by those Impact Fees waived or ! 1 deferred. Waivers and deferrals shall be issued in the order that completed qualifying ]2 applications are received by the County Manager. At least forty percent (40%) of the ]3 amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund 14 Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units 15 serving the very Iow and Iow income levels 16 J. Any changes or amendments to this Article or the minimum funding l? requirements adopted in this Article must occur as an ordinance amendment at a public 1 $ hearing of the Board of County Commissioners. 19 K. Agreements for the waiver or deferral of impact fees for affordable 20 housing may only be approved for the following types of dwelling units: 21 1. single family residences that are fully detached, and either owner- 22 occupied or rental dwelling units, or 23 2. owner-occupied or rental dwelling units in a residential duplex, or 24 3. rental (leased) multi-family dwelling units. 25 Owner-occupied multi-family dwelling units are not eligible for the deferral or waiver of 26 any impact fee. 2'7 L. Notwithstanding any provisions elsewhere in this Chapter to the contrary, 28 any Owner that develops an Affordable Housing rental apartment complex consisting in 29 whole or part of Multi-family Dwelling Units serving very Iow and/or Iow income levels 30 and meeting all requirements, and subject to all conditions, of this Article shall be such rental Multi-family Dwelling Units serving very Iow and/or Iow income levels if: (i) 33 all such deferred Impact Fees are paid on or before the end of six (6) years and nine (9) 54 months_from the date such Impact Fees are deferred; and (ii) the rental apadment 35 development shall remain Affordable Housing qualified (under this Article) for a minimum of 15 years. 3? M. Impact fee waivers or deferrals for only single family, detached residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable 40 housing loan such as SAIL or HOME loan. Impact fee waiversor deferrals may also be 4t' similarlY;sub°rdinat~d in ihe case of rental, Dwelling. Units, including ar~y 4Vlulti-family 42 Dwelling ~tnits, but only'if the Owner provides' additional security satisfactory to the 6 ? $ 9 l 0 11 12 13 14 16 1'7 19 '~0 21 27 '>9 3O 31 32 33 34 36 37 38 39 4O 41 County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. Section 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. A. The following sets forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals (herein referred to as "benefits"). 1. Definitions of Affordable Housing Income Groups. a. "Very Iow income families" means families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. b. "Low income families" means families whose incomes are more than fifty percent (50%) but do not exceed sixty percent (60%) of the median income for the area by the Secretary of the U.S. Department of Housing and Urban Development. "Moderate income families" means families whose incomes are more than sixty percent (60%) but do not exceed eighty percent (80%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the, Florida Housing Finance Corporation or any other local, stat'e, or federal agency, based on unit size. 2. Benefit Standards. a. Affordable Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms hereof. b. Affordable Housing rental Dwelling Units which exclusively serve very Iow or tow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms hereof. c. Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms hereof. d. Affordable Housing owner-occupied Dwelling Units shall exclusively serve moderate income families and which are the owner's homestead shall b~ required to pa¢ twenty-five percent (25%)of the applicable Impact Fee, and shall ~have~seventy-five percent ('75%) of the aPPlicabl~ Ir~pact Fee deferred pursuant to the terms hereof. e. Development which meets the criteria set forth in Section 74-401.A and 74-401.B constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%i of the Impact Fees for that construction waived, pursuant to the terms hereof. 1 2 3 4 5 6 7 8 ARTICLE V 9 MISCELLANEOUS PROVISIONS 10 Section 74-501. Collection of Impact Fees in Default. 11 Whenever the County determines that an Impact Fee was not paid prior to the 12 issuance of a Building Permit for the affected Development, the County shall proceed to 13 collect the Impact Fee as follows: 14 A. The County shall serve, by certified mail, return receipt requested, or by ]5 any other then lawful means of delivery, a "Notice of Impact Fee Statement" upon the 16 Applicant at the address set forth in the application for Building Permit, and the Owner 17 at the address appearing on the most recent records maintained by the Property ]$ Appraiser of the County. The County shall also attach a copy of the "Notice of Impact 19 Fee Statement" to the Building Permit posted at the affected Development site if the 20 Building is under construction. Service shall be deemed effective on the date the return 21 receipt indicates the notice was received by either the Applicant or the Owner or the 22 date said notice was attached to the Building Permit, whichever occurs first, or by any 23 other evidence of the date that the "Notice" was received by the addressee. The "Notice 24 of Impact Fee Statement" shall contain a description of the property and shall advise 25 the Applicant and the Owner as follows: 26 1. The amounts due as calculated under Section 74-201 and each of 27 Sections 74-302 through 74-309, inclusive, and the general purpose for which the 25 Impact Fee was imposed: 29 2. The date that the Impact Fee became delinquent, and that as of that 30 date the unpaid Impact Fee became subject to the delinquency fee, and that interest 31 began to accrue on that date, and that such interest will continue to accrue thereafter 32 until all amounts due are paid in full; 33 3. That in the event the Impact Fee and the delinquency fee are paid in full 34 within thirty (30) after receipt of the "Notice," all interest that would have otherwise 35 accrued will be waived; 36 4. That in the event the Impact Fee is not paid in full within thirty (30) after 37 receipt of the "Notice", a lien against the properly for which the Building Permit was 38 : secured may be recorded in the Official Records Book of the County for all amounts 39 , then due after approval by the Board. 40 ~ B. Upon becoming delinquent, a delinquency fee equal lo 10%'0f the total 41 ?mPact Fee impos,ed shall be assessed. Once delinq,Uent, t~e total Impact Fee, plus 42 delinqdency fee, shall bear interest at the then applicable statutory rate for final 1 3 4 5 6 7 8 9 10 6 7 8 19 2O 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~40 ?41 : 42 judgments calculated on a calendar day basis, until paid in full, as required in 74-501 A. 3. or 4., above. C. Should the Impact Fee not be paid promptly as set forth in Section 74- 501 .B, the County shall serve, by certified mail return receipt requested, or by any other then lawful means of delivery, a "Notice of Lien" upon the delinquent Applicant, if the Building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner or Trustee at the address appearing on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Applicant and delinquent Owner or Trustee that due to their failure to pay the Impact Fee, the County may file a Claim of Lien with the Clerk of the Circuit Court. D. In the event the recipient of a Notice of Delinquency or Claim of Lien disputes any material aspect of either Notice, the applicant, upon paying the impact fee amounts set forth in the respective Notice, may file a written Appeal Petition with the Board not later than thirty (30) days after receipt of such Notice. In reviewing the decision, the Board shall use the standards established herein. The Appeal Petition must advise the Board of all disputed issues regarding the amount due and shall explain the precise basis the Applicant asserts that the Notice is incorrect. E. If the total Impact Fees have not been received by the County within thirty (30) days of the posting of the Notice of Claim of Lien (or receipt of the Notice by the Owner or Trustee), the County Attorney may then, regardless of the filing of any Appeal Petition, request the Board to approve, at a regularly scheduled public meeting, the filing of a Claim of Lien with the Clerk of the Circuit Court and recording same in the Official Records of the County. The recorded Claim of Lien shall contain the 'legal description of the property, the amount of the delinquent Impact Fee, plus the delinquency fee and interest, and the date the impact fee became due. Once recorded, the Claim of Lien shall constitute a lien against the property described therein. The County Attorney may proceed expeditiously to collect, foreclose, or otherwise enforce said lien. F. After the expiration of thirty (30) days from the date of recording of the Claim of Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, as then amended, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. G. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all siate, county, district and municipal taxes, superior in dignity to all Other filed liens and claims, until paid as provided herein. H. The foregoing paragraphs Of this Section notwithstanding, all I~mpact Fees not' paid to ~e County in full when due~,shall automaticall~' become !delinRuent." )Moreover, when any Impact Fees becomes delinquent anywhere throLJghout the unified 58 I whole of the respective Development, the County is authorized to withhold every then 2 unissued development order(s) applied for by, or on behalf of, the landowner or the 3 developer, and in addition apply any and all of the civil penalties and remedies set forth 4 in the Enforcement Division of the Collier County Land Development Code until all such 5 delinquent Impact Fees have been paid to the County in full. "Development Order" .6 shall mean each item included in the definition of "Development Order" as then defined '7 in Collier County's "Adequate Public Facilities Ordinance" and/or as then defined in $ Section 163.3614, Florida Statutes, (as may then be renumbered). In this context, 9 phases in phased developments shall be disregarded. 10 I. The collection and enforcement procedures set forth in this Section shall ] 1 be cumulative with, supplemental to and in addition to, all other applicable procedures 12 provided in any other ordinances or administrative regulations of the County or any 13 applicable taw or administrative regulation of the State of Florida. Failure of the County 14 to follow the procedure set fodh in this Section shall not constitute a waiver of its rights 1.~ to proceed under any other ordinances or administrative regulations of the County or 16 any applicable law or administrative regulation of the State of Florida. I? Section 74-502. Update Requirement. ],~ A. This chapter and the Impact Fee Studies shall be reviewed by the Board Ir) initially in connection with its approval of the capital improvements element of its 20 Comprehensive Plan as then, and to the extent, required by Section 163.3177, Florida 21 Statutes. This Chapter and the Impact Fee Studies should be reviewed at least every 22 three (3) years. All reviews shall consider new estimates of population and other 23 socioeconomic data; changes in construction, land acquisition and related costs and 24 adjustments to the assumptions, conclusions or findings set forth in the studies adOpted 25 by Section 74-106. The purpose of this review is to evaluate and revise, if assure that 26 they do not exceed the reasonably anticipated costs associated with the ~improvements 2? and additions necessary to offset the demand on the Public Facilities generated by 28 Development. In the event the review of this Chapter alters or changes the 20 assumptions, conclusions and findings of the studies adopted by reference in Section 30 74-106, revises or changes the Public Facilities, or alters or changes the amount of 3] Impact Fees, the studies adopted by reference in Section 74-106 shall be amended 32 and updated to reflect the assumptions, conclusions and findings of such reviews; also 33 Section 74-106 shall be amended to adopt by reference such updated studies. 34 B. Simultaneous with the review of the Impact Fee Studies required in 35 Subsection A of this Section, the Board shall review the capital improvements element 36 to determine the availability and adequacy of revenue sources to construct 3? improvements and additions to the Public Facilities determined in the Impact Fee Study 38 to be required to accommodate existing development. 39 Section 74-503. Incorporation of Administrative Procedures Manual. 40 The ~;urrently existing administrative procedures ¢nanual(s) for the Public 41 :.Facilities Impact Fee :are incorpor&ted and.referenced herein exCeptto the extent that it 42 confli'cts or varies*the terms of this'chapter: Such administrative procedures manual(s) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 24 25 26 _.27 28 29 3(} 31 32 33 34 35 36 37 38 39 41 42 shall continue to be incorporated and referenced herein until such time as amended by resolution or other action of the Board. Section 74-504. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Chapter shall be construed or interpreted to include the County or any municipality in the County in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the County, any municipality, District, or other entity in the County to the application of the Administrative Procedures Act, to wit: Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Chapter including specifically, but not limited to, consideration of a determination of entitlement to an Impact Fee Waiver or Authorization for Deferral pursuant to Section 74-202. SECTION TWO. APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES. The Impact Fee Rate Schedules referenced in Section 74-201.B., of this Ordinance are hereby included as Appendix A, attached hereto, and the Road Impact Fee District boundaries referenced in Section 74-302.E., of this Ordinance are hereby included as Appendix B, attached hereto, and both appendices are a pad of this Ordinance as if set forth fully herein. SECTION THREE. CONFLICT AND SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion tt~ereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that the County does not possess the power or authority to impose the Impact Fee within municipal areas or that the imposition of the Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality of the imposition of the Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. SECTION FOUR. REPEAL OF ORDINANCES. This Ordinance repeals and supercedes in their entirety the following Ordinances: Collier County Ordinances: Ordinance No. 98-69, the Collier County Water and/or Wastewater Systems impact Fee Ordinance; Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ordinance No. 99- ~39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services }s~stem I'mpact Fee Ordinance; "Ordinance No. 9;~-22, Cas amended, the iOollier County '"Road 'impact Fee Ordinance; Ordinance No! 92-33, as amended, ~the Collier County 6o 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 2~ 21 23 24 25 26 27 28 29 30 31 34 35 36 37 38 39 4O 41 Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Ordinance', and Collier County Ordinance No. 98-30, The Isles of Capri and Ochopee Fire Impact Fee Ordinance. SECTION FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance, including the Appendices, shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SiX. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. THIS ORDINANCE WAS DULY ADOPTED in regular session, this __ day of March, 2001. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES D. CARTER, Ph.D,~CHAIRMAN (SEAL) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant Collier County Attorney qL~line ~ub6ard Robinson ' ~,~s_,istant Cqttier County Attorney p a~'l r~~G, Whit!0--~' Assistant Collier County Attorney 61 9 3 5 6 7 8 3 5 $ 5 ? 2 5 6 7 APPENDIX A SCIIEDULE ONE ROAD IMPACT FEE RATE SCHEDULE Residential Single Family Detached House Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft.$ 2,500 Sq. Ft. or larger Multi-Family ( 1-2 Stones) Multi-Family (3-9 Stones) Multi-Family(Above 10 Stones Congregate Care Facility fACLFI Condominium/'Townhouse Mobile ltome Reliremenl Home High-Rise Condominium $1,825.00/Dwelling klnit $2,433.00 Dwelling Unit $2,871.00 Dwelling Unit $1,800.00 Dwelling Unit $1,811.00 Dwelling Unit $1,147.00 Dwelling Unit $263.00 Dwelling Unit $1,512.00 Dwelling Unit $1,053.00 Dwelling Unit 51,012.00 Dwelling Unit $1,079.00 Dwelling Unit l.odl~ini! Hotel Motcl Resort I totel R V Park $1,762.00 Per Room $892.0(} Per Room $1,550.00 Per Room $1,065.00 Dwelling Unit Recreation Golf Course Movie Theaters Manna $156,334.00 18 Holes $10,571.00 Per Screen $862.0(} Boat Berth Institutional Hospital Nursing Home Church Elementary School Middle School High School Jr./Community College University Day Care $3,763.00 1000 Sq. Ft. $340.00 Per Bed $2,1{)0.00 1000 Sq. Ft. $213.00 Per Student $322.00 Per Student $421.00 Per Student 5382.(}0 Per Student $590.00 Per Student $225.00 Per Student 3 7 S 9 1 £ 5 7 8 0 1 2 5 1 3 4 5 7 8 9 I 4 5 6 7 8 9 I APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Office Office 50,000Sq Ft or less Office 50,001-lO0,O00Sq Fl or less Office 100,001-200,000Sq Ft or less Office 200,001-400,000Sq Ft or less Office Greater than 400,000Sq FI Medical Office Retail Specialty Retail Retail 50,OOOSq Ft. or less Retail 50,001 - 100,000Sq Vt Relail 100,001 - 150,000Sq Ft Retail 150,001-200,O00Sq Ft Relail 200,001-400,000Sq Ft Retail 400.001-600,000Sq FI Retail 600,001 - 1,000,O00Sq Ft Retail greater than 1,O00.O00Sq Ft Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstore Restaurant: !tigh Turnover Restaurant: Lo,.~, Tulqqo,,cr Restaurant: Drive-in Service Static, n Supermarket Quick Lube Convenience Store Convenience Store ~.v/Gas Pumps Convenience Store/Gas/Fast Food Services Auto Repair/Bod3 Shop Tire Store Nex~/tlsed Auto Sales Bank/Savings: Walk-in $3,947.00 1000 Sq. Ft. $3,361.00 1000 Sq. Ft. $2,861.00 1000 Sq. Ft. $2,436.00 1000 Sq. Ft. $2,218.00 1000 Sq. Ft. $7,266.00 1000 Sq. Ft. $6, I I 0.00 1000 Sq. Ft. $3,358.00 1000 Sq. Ft. $3,838.00 1000 Sq. Ft. $3,911.00 I000 Sq. Ft. $4,032.00 1000 Sq. Ft. $4,514.00 1000 Sq. Ft. $4,750.00 1000 Sq. Ft. $4,984.00 1000 Sq. Ft. $5,051.00 1000 Sq. Ft. $3,589.00 1000 Sq. Ft. $4,354.00 1000 Sq. Ft. $10,575.00 1000 Sq. Ft. $9,310.00 1000 Sq. Ft. $21,161.00 1000 Sq. Ft. $2.405.(}0 Per Pump $4,418.00 1000 Sq. Ft. $4,570.00 Per Bay $11,468.00 1000 Sq. Ft. $6,913.00 Per Pump $13,182.00 1000 Sq. Ft. $4,456.00 1000 Sq. Ft. $3,268.00 Per Bay $8.093.00 1000 Scl, Ft. $6,636.00 1000 Sq. Ft. C APPENDIX A SCllEDUI.E ONE ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Bank/Savings: Drive-in Car Wash $11,125.00 1000 Sq. Ft. $10,017.00 Per Bay Industrial and Agricultural General Industrial Business Park (Flex-spacel Mini-Warehouse $2,279.00 1000 Sq. Ft. $4,385.00 1000 Sq. Ft. $567.00 1000 Sq. Ft. 1 2 3 4 5 6 7 8 9 0 1 3 4 5 6 7 8 9 1 3 4 5 7 8 9 1 2 3 RESIDENTIAl_ SINGLE FAMILY INo more than 4 Bathrooms I S1NG1.E FAMILY (More than 4 Balhroomsl Nil rLTI-FAMILY DUPLEX MOBILE HOM'E TRAVEL TRAIl.ER/ RV. (TFRV~ MUI_TI-FAMILY DUPI.EX MOBILE HOME MI ;LTI-FAMII_Y l)l JPLEX M()BII2: llOME APPENDIX A SCItEDt!I.E TWO WATER & SEWER SYSTEM IMPACT FEE RATE SCItEDULE IJVING BASIS OF FEE METER ERC WATER SPACE AI_I.OCATIC)N SIZE IMPACT ~Sq. l:t ~ FTE 0 m 4,999 Per tlnil -~i" 1.0 $1,275.00 Sq. Ft. Over 5,00(! Meier Size~ Per n/a Based on Sq. Et. Per Un,t Ordinance Meter S~ze 0 to 750 Per Unil Per ,33 $ 4200(I Sq. Ft Per Unil Ordinance Per [Init .r Space Per [lnll or Space "51 h, 1.500 Perl;nil Per 67 $ 8550(I Sq Ft Per [!nil Ordinance Per l!ni! ~r Space 1,501 .r More Per ['ml Per 10 51.2'75.(X1 Sq. FI ['er l'nlt Ordinance Per I'nlt ~r Space SEWER IMPACT FEE $1.575.00 $1,57500 $ 520.00 $1.055.00 S 1.575.~'} NON-RESH)ENTI.AI.: WATER METER SIZE WATER IMPACT FEE SEWER 1MPA('T FEE 3 4 6 8 10 12 $ 1.275.00 5o 3,188.0~} $ 6.375.('~q $1 ~,2~~.~~ $ 20,400 00 $ 31,875.00 $ 63,750.00 $114,750.00 $184.87500 $274,12500 $ 1,575.00 $ 3938.00 S 7,875.00 S 12,600.00, $ 25,200.00 $ 39,375.0O $ 78,375 0O $141.750 0O $228.37500 $338,625.00 APPENDIX A SCIIEDULE TtlREE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Location of Development (Residential Construction worated Collier County City of Naples City of Marco Island Citv'~f Everglades City.____ Regional Parks I mp~_t Fee _~$_249.82~ $249.82 Community Parks Impact Fee . $57~.02 Total Parks l~mpact Fee $820.84 $0.00 $249.82 i $0.00 $249.82 $o.oo $249.82 APPENDIX A SCtlEDULE FOUR CORRECTIONAl. FACILITIES IMPACT FEE RATE SCttEDULE 1.and [!se Residential: Non-Residential: Lodging Hotel, ,rMotel Nursing ltome/lnstitution Miscellaneous Residential Medical ltospital Commercial Office Retail Restaurant/Bar/Lounge Industrial/Manu facturmg L,eisurc/Ouldoor Other Miscellaneous l_n_5_ti! ut~ii o__n_s Church $chool./C~llegc Gox emment/Pubhc Correctional Facilities Impact Fee Per Dwelling [Init or Square Footage $I 17.98 per dwelling unit 0.2340 per square foot 0.0390 per square foot 0.3237 per square foot 0.4914 per square foot 1.3230 per square foot 1.0920 per square foot 1.7043 per square foot 0.0312 per square foot 0.5616 per square foot 1.4664 per squarc foot 0.1170 per square foot 0.1509 per square foot 0.6708 per square foot 1 8 9 1 2 3 4 5 Residential: APPENDIX A SCltEDULE FIVE FIRE IMPACT FEE RATE SCtlEDULE Commercial: Additional Impact Fee for lligh-rise I)evelopment (Three or More Floors): $288.97 per dwelling unit $060 per square foot $157.27 per dwelling unit 8 9 3 4 5 ? 8 9 ? $ 9 1 7 8 9 4 5 APPENDIX A SCtlEDULE SiX EDUCATIONAL FACILITIES IMPACT FEE RATE SCItEDULE llousing Type Impact Fees Single Family $1,778.00 Multi-Family $ 827.00 Mobile Home $1,234.(10 I 4 5 6 7 8 9 I 3 4 5 6 7 8 9 1 5 7 8 9 1 3 4 5 7 8 9 I 4 5 6 7 APPENDIX A SCIlEDUI.E SEVEN EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee l,and Use Catellorx~' Residential: }ingle Family Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft or larger Multi-Family Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Mobile Home Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,5011 Sq. Ft. or larger Non-Residential: Transient, Assisted, Group: Hotel, Motel Nursing Home, ACLF Recreational: Marina Golf Course Movie Thealer i nstitt, tions: Hospital Elementary School Middle School High School Junior:/Community College University/College Church Day Care Center ()ffice and Financial: Office 50,000 Sq. Ft. or less Office 50,(X)l - 100,000 Sq. Impact Fee Rate $93.00 per Dwelling Unit $104.00 per Dwelling Unit $130.00 per Dv,'elling [Init $93.00 per Dwelling Unit $104.00 per Dwelling Unit $130.00 per Dwelling Unit $93.00 per Dwelling Unit $104.00 per Dwelling Unit $130.00 per Dwelling Unit $38.00 per Room $77.(')0 per Bed $11.00 per Berth $8,120.00 per 18 Holes $741.00 per Screen $126.00 per 1,000 Sq. Ft. $16.00 peT' Student $23.1)0 per Smdem $28.00 per Student $11.00 per Student $21.00 per Student $34.00 per 1,000 Sq. Ft. $19.00 per Student $83.00 per 1,000 Sq. Ft. $71.00 per 1,000 Sq. Ft. A-9 1 2 3 4 5 6 7 8 9 0 1 3 4 5 6 7 8 9 f! 1 4 5 6 8 9 1 3 4 5 -/ 8 9 I 4 5 6 7 APPENDIX A SCltEDULE SEVEN EMERGENCY MEDICAl, SERVICES IMPACT FEE RATE SCHEDULE {CONTINUED) Office 100,001 - 200,000 Sq. Ft. Office 200,001 - 400,000 Sq. Ft. Office greater than 400,000 Sq. Ft. Medical Office Retail I Gross l.easable Area ): Specialty Retail Retail 50,000 Sq. Ft. or less Retail 50.001 - I00,000 Sq. Ft. Retail 100,001 - 150,0OO Sq. Ft. Retail 150,001 - 200,000 Sq. Ft. Retail 200,001 - 400,000 ScI. Ft. Retail 400.001 - 600,000 Sq. Ft. Retail 600,001 - 1,000.000 Sq. Ft. Retail over 1,(}O0,000 Sq. Ft. Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstorc Oualit> Reslauranl }hgh-Tumover Restaurant Fast Food Rest w/Drive-Thru Gas/Service Station Quick Lube Supem~arket Convemence Slore Convenience Store w/Gas Convenience Store/Gas/Fast Food Auto Repair Tire Store New and Used Car Sales Self Service Car Wash BanUSavlngs Walkqn Bank/Savings Drive-in Induslrial: General lnduslrial Business Park Mini-t~. arehousc $60.00 per 1,000 Sq. Ft. $51.00 per 1,000 Sq. Ft. $47.00 per 1,000 Sq. Ft $104.00 per 1,000 Sq. Ft. $197.00 per 1,000 Sq. Ft. $210.00 per 1,000 Sq. Ft. $197.00 per 1,000 Sq. Ft. $213.00 per 1,000 Sq. Ft. $200.00 per 1,000 Sq. Ft. $173.00 per 1,000 Sq. Ft. $170.0~ per 1,000 Sq. Ft. $177.00 per 1,000 Sq. Ft. $156.00 per 1,000 Sq. Ft. $154.00 per 1,000 Sq. Ft. $185.00 per 1,000 Sq. Ft. $528.00 per I,O00 Sq. Ft. $572.00 per 1,000 Sq. Ft. $731.00 per 1,000 Sq. Ft. S 162.00 per Fuel Position $75.00 per Service Bay $209.00 per 1,000 Sq. Ft. $319.00 per 1,000 Sq. Ft. $335.00 per Fuel Pump $471.00 per l.O00 Sq. Ft. $260.00 per 1,000 Sq. Ft. $356.00 per Service Bay $141.00 per 1,000 Sq. Ft. $129.00 per Service Bay $121.00 per 1,000 Sq. Ft. S 106.00 per 1,000 Sq. Ft. $41.00 per 1.000Sq. Ft. $98.00 per 1,000 Sq. Ft. $5.00 per 1.000 Sq. Ft. A- 10 1 3 4 5 6 7 8 9 1 2 3 4 5 7 8 9 A I'I'I..'NI)IX A SCItEI)[!I.E EIGItT I.IBRAII. Y SYSTISM IMPACT FEI~ RAT15 SCIIEI)ULE l.and l. lse Category Residential: Less than 1,500 square feel 1,501} to 2,4c~q square feet Impact Fee Rate $214.00 per d~ clling unit $238.00 per dwelling unit $290.(-I('~ per dwelling unit 1 3 4 5 6 7 8 1© II 12 13 14 15 16 1'7 18 21 23 24 25 26 2'7 _8 31 32 33 34 36 37 38 39 4(I 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 le) A Pi'ENI)IX B ReAl) IMPACT I:I'~E I)ISTRICT II()UNDARIES I,E(;AI, I)ESCRIIrl'IONS corner of Section 28; thence easterly along the norttn line of said Section 28 to the northeast comer of Section 28: thence southerly ;,long the east line of Seclion 28 to the northv,'est comer of Section 34: thence easterly along lhe north line of Section 34 to the northeast comer of Section 34: thence southerly along the east line of Section 34 lo the nonhxvest comer of Section 2. %m nship 51 South, Range 27 East: thence easterl) along the north line of said Section 2 to the northeast comer of Section 2: lhence southerly along the east line of Section 2 to the soulh~test comer of Section I: thence easterly along the soulh line of Section 1, To~t nship 51 Sotllh. Range 27 East to tile nonh~esl comer of Section 7, To~nship 51 South, Range 28 East: thence easterly along the no~h line of said Secmm 7 to the northeast comer of Section 7; thence southerly along the east line of Section ? to the northeast comer of Section I fi: thence continue sontherlv along the east line of Section 18 Io the northeast comer of Section 19, Township 51 South. Range 28 East: thence westerly along the north line of said Section 19 lo tine norlhx~cM comer of Section 19: thence southerly along lbo west line of Seclmn 19 lo lhc no~lheasl comer of Sccmm 25: Tm~ nstup 51 Soulh. Range 27 East: thence xteslerl)along the no~qh line of said Section 25 1o the norlhwest comer of Section 25: thence southertx zilon~ the west line of Section 25 Io the southeast corner of Section 26: thence xt eslerly along lhe soulh line of Seclion 26 lo the centcrline of State Road 00 (U.S 41/: thence nonlme~terl} along said cenlerline el State Road 90 to the point of interseclion of Slate Road 92: thence soulhx~eslerl> along Ihe cenlerline of Stale Road 92 lO the cenlerline of the Big Marco R~xer: thence meander s~mlheasterly along thc cenlerline of thc Big Marco [~IVOF [O lbo soulhcrn l~I~ of Cape Romano: thence meander no~hxtester]x along thc mcan high water line of ~hc Gulf of Mexico to lhe point of beginmng. Road Impact Fee Di~'trict 5. Begin itt IbC inlersectmn el ('ounlx Road 858 (Oil \Veil Road) and the west line ~d llcndrx ('otmts: ~hence along ('(mnlx Road 858, x~estcrl~ lo Oil Well Grade Road: thence along Oil Well Grade Road, northerly to Cotmty Road 846 (hnmokalce Road): ~hence along County Road 846. xkesterl> and southerly to the southeas~ c~n'ner of Section 34. Township 47 gotHh. Range 27 East. Collier County, Florida: fl~ence along Ihe soulh line of Sections 34, 33, 32 and 31. said text nship and range, ~t eslerlx lo the l.ce Counlx hne: thence ahmg the Collier Counlx-l.ee County line. not%trix, easterly and northerly to tine [tench'v Cotmtv linc: lhencc along tine Collier Countx - }lendr5 Cotlnlv linc, casted5 and southerly to the point el bcgmnmng. Road hnpact Fee District 6. Begin at the intersect}on of Counly Road 051 anti lnlcrslate iligh,.*, ay 75: thence along Cc, unlv Rc, ad 951 and its no~1herly extensmn, no~1herl5 Io Ibc l~e County line: lhence along the Colt,er County-line County line, easterl3 and n{mherlv lo the southwesl corner of Section 31, Toxvnship 47 South, Range 27 Easl, Collier County, Florida: thence along the south line of Sections 31,32.33 and 34 to County Road 846 (lmmokalee Road); thence along Counl5 Road 846, no~lherly and easterly to Oil Well Grade Road; lhence along Oil Well Grade Road. soulhcrl)' to Cotlnly Road 858 ~Oil Well Road): thence along County Road 858, easterly m lhe easl line of Range 28 East; thence ahmg said east line, southerly lo Slate Road 84 (Alligalor Alley); thence ahmg Stale Road 84 and Interstate Highway 75, weslerly ~o lhe point of beginning. Road Impact Fee Dixtrict 7. B-2 1 3 4 5 6 7 8 0 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 31 33 34 35 36 37 (h) 38 39 4O 41 42 43 44 45 46 APPENI)IX B ROAD IMPACT FEE I)ISTRICT BOUNDARIES i.E(iAI, DESCRIP'I'IONS All of that land ~ ilhin the municipal boundaries of Everglades Git),, Florida. Road hnpact Fee District 8. Begin at the point of intersection of Oil Well Road (C.R. 858) and the v, esl line of llendry County; thence southerly, easterly and southerl.~ along Collier/ltendry Count)' line; to the west line of Dade County; thence southerly along lhe Collier/Dade County line to the Monroe County line: thence weslerly along the Collier/Moru'oe Cotmly line It) the me:m high water line of lhe Gulf of Mexico: thence north,aesterlv to the southern tip of Cape Romano: lhence northeasterly to the cenlerline of tile Big Marco Rixer; thence meander norlheasterly along lhe centerline of the Big Marco RP,'er to the centerline of State Road 92; thence notlheasterly along the centerline of State Road 92 to State Road 90 (U.S. 41'1; thence southeasterly along State Road 90 to the soulhwest comer of Seclion 26. Township 51 South, Range 27 East; thence easlerly along the sonth line of Section 26 to the southeast comer of Section 26; thence northerly along the e:isl line of Section 26 Io thc norlh,.s est corner of Section 25, To:vnship 51 South, Range 27 East: thence casted5 along the north line of Section 25 to lhe southeast comer of Section 24, Tov, nsMp 51 South, Range 27 East: thence northerly along the east line of Section 24 It) lhe no~lhwest comer of Seclion 19, Township 51 South, Range 28 East; thence easterly along the north line of Section 19 to the soulheast c{wncr of Section 18, Township 51 South, Range 28 East; thence norlherly along the east line of Section 18 and Section ?, Township 5l South, Range 28 East lo thc norlhcas! comer of said Section 7' lhence ~eslerly along the north line of smd Sccmm 7 to tile to the northeast comer of Seclion 12, Tov, nship 51 Soulh. Range 27 easl: thence continue westerly along the north of said SecIWm 12 to the soulheast corner of Section 2, Township 51 South, Range 27 East: thence norlhedy along the east line of said Section 2 to the soulheast comer of Section 35, Tov~nship 5il South. Range 27 East; thence x~ esterly along the south line of said Section 35 Io thc southeast comer of Section 34, Township 5(/South, Ran£e 27 East; thence m~rtherly alon~ the east linc of said Section 34 to the ~ ~ thence southeast comer of Secnon ~- Township 50 South, Ran2e 27 East: westerly along the north hne of Section 27 to the southeast comer of Section 28; thence no~lherlv alone the east line of sa~d Section 28 to tile no~lheast corner of Section 28; thence westerly along the north line of Section 28 to the southeast comer of Secmm 211, Toxs nship 5(I South, Range 2'7 East; thence norlherly along the east lines of Sections 20, 17, 8 and 5 of Township 50 South, Range 2'7 East, to lhe centcrlme ol Interstate 75 (S.R. ':)31; thence caste' .x alimg the centerline of Interstate 75 to lhe east line of Range 28; thence northerly ahmg lhe easl line of said Range 28 Io tile centerline of aforesaid Oil Well Road (CR.858); thence caslerly alon[~ the ccntcrlinc of said Oil Well Road to the point of beginning. Less and cxcepl all lands lying within tile municipal boundaries of ExcrHadcs City. B-3 1 6 7 8 9 10 11 12 13 14 15 16 17 t8 19 2O 21 23 24 25 26 27 28 2q 31 32 33 34 35 36 37 38 39 4O 4t 42 43 44 45 46 47 48 49 50 52 '53 , 54 ~56 (a) APPENDIX B RO.-XI) IMPACT FEE DISTRICT IIOUNDARIES I.EGAL DESCRIPTIONS Road hnpact Fee District 1. Begin at IbC intersection of County Road 951 and Pine Ridge Road; thence along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence along the Gulf of .Mexico. nonherl) to the l.ee Ctmnly line; thence along the Collier County-Lee County line, easlerl,x, southerly and easterly to tile northerly extension of County Road 951; thence along Counly Road 951 and its northerly extension, southerly to the point of beginning. Road hnpact Fee District 2. Begin at lhe poinl t)f intersection of County Road 951 and Pine Ridge Road {C.R. 8961: thence run southerly along County Road 951 to the intersection of Interstate 75 (SR. 931: thence southeasterly and easterly along Interstate 75 to the northeast comer of Section 5. To,.vnship 50 South. Range 27 East; thence southerly along the east linc of Seclions 5.8 and 17 lo the southeast comer of Section 17, said Tt~wnship and Range; thence easterl3 along the soulh line of Sections 17 and 18 to the southeast comer of Section 13. Township 50 South, Range 26 East; thence v, eslerl3 along the south line of Sections 13, 14, 15, 16, 17 and 18. Tox~ nship 50 Smith, Range 26 East; to the northwest comer of Seclion 19, -l'm~ nship 50 South. Range 26 East; lhence southerl3 along the west line of fiections 19, 30 and 31 Itl the s~mtheasl comer of Section 36, Township 50 South. Rangc 25 East: thence x~cslerly ztlong the south line of said Section 36 to the southv,'est comer of Section 36: thence norlherl3 along the ,.,.'esl line of said Section 36 to the northeast comer of Section 35. Township 50 South. Range 25 East; thence westerly along the north line of said Sections 35 and 34 to the mean high water linc ,~1' the Gulf of .Mexico: thence meander no~lhv, eslerly along said mcan h~gh water hne to the x~ cMerly prolongation of Seagate Drive: thence easterly along Seagate Drive and Pine Ridge Road to the point of beginning. Less and except all lands l)ing ~ilhin the municipal boundaries of the City of Naples. Road hnpact ]"et, District 3. All of that land wilhin the mumcipal boundaries of the City of Naples, Florida, Road hnpact Fee District 4. Begin al tile point of inlcrseclion of the norlh line of Section 34. Township 50 South, Range 25 East, Collier County, Florida and the mean high water line of the Gull' of Mexico: thence run easterly along the north line of said Section 34 and Section 35 said Tov,'nship and Range to the northeast comer of said Section 35; thence southerly along the east line of said Section 35 to the southwest comer of Section 36, lownship 5(} South, Range 25 East; thence easterly along the south line of Section 36 to the southeast comer of Section 36; thence norlherly along the east lines of Seclions 36, 25. and 24 to the northwest corner of Section 19, Township 50 South, Range 26 East; thence easterly along lhe north lines of Sections 19, 20, 21,22, 23, and 24, Township 50 South, Range~6 East to the n0rthwesl corner of Section 19. Tov~nship 50 Sou'lh.. Range 27 East; thence jeasterly along Ihe no,th'line of Sections 19 and 30 t~' tile: nofllleasl comer of said Scclion 20; Ihegce,sc, utherly along the east lithe bi'said Section 20 to the'northwest B-I ?Y EXECUTWE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RECEWE PUBLIC INPUT ON SELECTING A NON-PROFIT ORGANIZATION TO BE DESIGNATED AS AN ELIGIBLE ENTITY FOR RECEIPT OF COMMUNITY SERVICES BLOCK GRANT FUNDS AND APPROVE A RESOLUTION SUPPORTING THE IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. EFFORTS TO BE DESIGNATED BY THE GOVERNOR OF FLORIDA AS THE ELIGIBLE ENTITY TO SERVE COLLIER COUNTY. OBIECTIVE: To select Immokalee Multicultural Multipurpose Community Action Agency (IMM-CAA) as the County's recommended choice to apply to the Florida Department of Community Affairs to be designated as the Community Action Agency for the purposes of participating in the Community, Services Block Grant Program and recipient of funds to serve Collier County. CONSIDERATIONS: The Federal Omnibus Budget Reconciliation Act of 1981 created the Community Service Block Grant (CSBG) program. The CSBG program is designed to provide a range of services to assist low-income people to attain the skills, knowledge and motivation necessary to achieve self-sufficiency. Services that may be provided under this program include emergency health, food, housing, transportation assistance, financial management assistance, nutrition programs, job counseling, and homeless prevention. The Florida Department of Community Affairs (DCA) administers the CSBG program in Florida in accordance with the federal law and Rule 9B-22, Florida Administrative Code. DCA places emphasis on self-sufficiency efforts and on providing low-income people with immediate life necessities such as food, shelter, and medicine. The Federal law mandates that States distribute 90% of the CSBG funds they receive to eligible entities to provide anti poverty services. CSBG "eligible entities" are those agencies that meet the requirements of Public Law 97-35, Section 673 and are designated by the Governor to receive CSBG funds. The eligible entities can include both public and private agencies however; the law reqbires that a private nonprofit organization should be the first option for designation over a public organization. These entities serve two primary purposes: to provide essential antipoverty programs, and to advocate for the needs of the poor in their communities. The Law requires each eligible entity to have a three- part board of directors comprised of local government officials, private sector representatives and representative of the low-income population. Based on the allocation of the State's CSBG funds, Collier County's allocation was insignificant until recently. In 1998 the Department of Community Affairs began an expansion policy to encourage all counties in Florida to be served by the CSBG program and increased funding. Collier County's 2001 allocation is $45,033. There is a match requirement of 20% or $9006, $2000 of which must be in cash the remaining $7000 can be in-kind services. The County is not responsible for any of the match or fiscally responsible for funds awarded to an eligible entity. In 1999, Comprehensive Planning Section reviewed the criteria of the program to see how it could be applied to the efforts underway in the Immokalee community. According to DCA, CSBG funds can be targeted to the Immokalee community if a needs assessment shows the greatest need being the Immokalee area. The Comprehensive Planning Section undertook the following steps: July 1, 1999 - The Section notified DCA of their interest in facilitating the efforts to designate an eligible entity to serve Collier County. January 18,2000 - IMM-CAA submitted a letter acknowledging their interest in being designated as a CSBG entity. March 8, 2000 - a meeting was held in Immokalee to present the CSBG program to non-profit organizations. Approximately 27 people attended. At that meeting IMM-CAA announced their interest in applying for the designation. Most of the other participants supported their efforts. June 19, 2000 - A newspaper ad was run in the Naples Daily News announcing the program and encouraging local non-profits who were interested to contact the Comprehensive Planning Section for further information. Three additional non- profits contacted the Section, however after reviewing the information none were interested in pursuing the designation July 11, 2000 - The Guadalupe Center submitted a letter informing the Count), that they were not interested in applying for designation as the CSBG entity. August 21, 2000 a meeting was held with interested entities to discuss the program in greater detail. Three interested entities attended that meeting. September 27,2000 - IMM-CAA submitted in writing that they were interested in applying for the designation. They were the only organization that was interested. Immokalee Multicultural Multipurpose Community Action Agency (IMM-CAA) filed their Articles of Incorporation with the State of Florida on December 29, 1999 (See Attachment A). IMM-CAA has a tripartite Board of Directors, as required by the CSBG program, and has the full support, including fiscal, of the Coalition of Florida Farmworker Organizations, Inc. (COFFO). FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES RECOMMENDATION: That the Board approve the resolution supporting the Immokalee Multicultural Multipurpose Community Action Agency, Inc. efforts to be designated by the Governor of Florida as the eligible entity to serve Collier County for the purposes of participating in the Community Services Block Grant program. -2- AGENDA ITEM PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION February 23, 2001 DATE REVIEWED BY: STUN LITSIN~ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: DATE BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOI-~ DUNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE -3- ATTACHMENT A I certify the attached is a true and correct copy of the Articles of Incorporation of IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INCORPORATED, a Florida corporation, filed on December 29, 1999, as shown by the records of this office. The document number of this corporation is N99000007644. CR2E022 (1~99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-ninth day of December, 1999 IT~ MAR 1 3 2001 ARTICLES OF INCORPORATION ~ OF THE IMMOKALEE MULTICULTURA~ MULTIPURPOSE COMMUNI~ ACTION AGENCY, INCO~O~TED ARTICLE I - NAME The name of this co~oration is Immo~lee Multicultural Multipu~ose CommuniW Action Agency, Inco~orated. ARTICLE II - POWERS This corporation shall have all powers provided for corporations not for profit by Chapter 617 of the Florida Statutes. ARTICLE III - PURPOSES The corporation shall be private non-profit, non-partisan and tax exempt. This corporation is organized exclusively for charitable purposes, including such purposes as the betterment of the standard of living for low income economically disadvantaged Americans. The organization will concentrate on disadvantaged low-income individuals empowering them to become self-sufficient. Areas such as; advocacy, civil rights, social justices, educational advancement, leadership building, cultural enrichment/protections, domestic violence, emergency assistance, referral services, job training/placement, economic/self sufficiency and gender issues. The corporation will assist to empower and enlighten economically disadvantaged individuals in the realization of self sufficiency, economic and educational advancement, culturaI enrichment, civil rights, human dignity and social justice. Section I. Other functions shall be: 1) To act as a clearinghouse of information with respect to important developments affecting low income families; 2) To advocate for th6 development of coherent governmental policies in order to provide the most effective delivery of services to disadvantaged families; 3) To be a catalyst for the achievement of economic independence; soci~i;---.~n~ff~~ cultural and educational advancements ] M, P, ! 3 2001 Upon the dissolution of the corporation or the winding up of its affairs, the assets of the corporation shall be distributed exclusively to charitable, religious, scientific, literary, or educational organizations which would then qualify under the provisions of§501(c)(3) of the Internal Revenue Code and its Regulations as they now exists or as they may hereafter be amended said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section §501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue Law. ARTICLE IV- QUALIFICATION OF MEMBERS The corporation shall have no members. ARTICLE V- TERM OF EXISTENCE This corporation is to exist perpetually. ARTICLE VI The names and addresses of the subscribers to these articles are: Maria C. Adame, 201 Calle Amistad, Immokalee, Florida 34142-3222 Esmerelda Serrata, 11415 Whistler's Cove Blvd. Apt. 1111, Naples, Fl. 34113 Sheri Bennett, 1304 1~ 15 Street, Immokalee, Florida 34142 Angle Vickery, 631 n. 9 street, Immokalee, Florida 34142 ARTICLE VII - OFFICERS Section 1. The officers o£the corporation shall be the President, Vice-President, Treasurer and Secretary and such other officers as may be specified in tlae corporate By-Laws. The same person may hold any two- (2) offices, except those of President and Secretary. Section 2. The names of the persons who are to serve as officers of the corporation until the first meeting of' the Board of Directors are: .Office ,,.Name President Maria C. Adame Vice-President Esmerelda Set-rata Treasurer Sheri Bennett Secretary Angie Vickery Section 3. The officers shall be elected at the first meeting &the Board of Directors and thereafter at the annual meeting of the Board of Directors or as provided for the By-Laws. ARTICLE VIII - BOARD OF DIRECTORS Section 1. All the rights and powers of the corporation and the entire control and management of its affairs shall be vested and exercised by the Board &Directors. Qualifications for membership on the Board of Directors shall be prescribed in the By-Laws. The number of members of the Board &Directors shall be four (4), and may be increased or decreased as provided for in the By-Laws. Each member of the Board of Directors shall be elected or appointed in the manner and for the · term as provided in the By-Laws. Section 2. The members of the Board of Directors shall be individuals who are directly working toward improving the welfare Iow income disadvantaged individuals of Florida, consumers and public officials may be included as needed. t3 2001 Section 3. The names and addresses of the person that are to serve as the first Board of Directors of the corpora!ion is: Maria C. Adame, 20I Calle Amistad, Immokalee, Florida-34-t4g--~22 Esmerelda Serrata, 11415 Whistler's Cove Blvd. Apt. 1111, Naples FI. 34113 Sheri Bennett, 1304 N. 15 Street, Immokalee, F~-orida-34442 Angle Vickery, 631 n. 9 street, Immokalee, Florida 34142 ARTICLE IX - DISSOLUTIOIN Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the-paHnent_of alLthe_liabilitie~ r}fthe~corpormion, dispose_of all_of_ the assets of the corgo, ration e, xclusively for the purposes of the corporation in such manner, to such organization or organizat4onsx~rgani2edand~lae~rated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify~: exempt organization(s) under~501(c)(3) of the Code, as the Board of Directors sh~ r~~ determine. Any such assets not so disposed offshall be disposed of by the Court Common Pleas of the county in which the principal office of the corporation is the~ located, exclusively for such purposes or to such organization(s) as said Court sha~ determine, which are organized and operated exclusively for such purposes. ~,~ ARTICLE X -. REGISTERED AGENT The corporation's initial registered agent and the address of its initial registered office is as follows: The pr±nc~.ple address ~.s also the game as the Reg~.stered Agents. Maria C. Adame, 201 Calle Amistad, Immokalee, Florida 34142-3222 I, Maria C. Adame, am the incorporator of the organization on this day of December 28, 1999. Maria C. Adame No part of the net earnings of the corporation shall inure to the benefit of any member, director, officer of the corporation, or any private individual except that reasonable compensation may be paid for services rendered to or the corporation affecting one or more its purposes, and no member director, officer of the corporation or any private individual shall be entitled to share in the distribution of any corporate assets on dissolution of the corporation. The corporation shall distribute its income for. each taxable year at such time and in such manner imposed by ~942 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal Tax Laws. The corporation shall not engage in any act of self-dealing as defined in ~4941 (d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal Tax Laws; nor make any investments in such manner as to incur tax liability under ~944 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal Tax Laws; nor make any taxable expenditures as defined in ~945(d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal Tax Laws. Notwithstanding any other provisions of these Articles, the corporation shall not conduct or carry on any activities not permitted to be conducted or carded on by an organization exempt under {}501(c) of the Internal Revenue Code and its Regulations as they now exist or as they may hereafter be amended, or by an organization contributions to which are deductible under {}170(c)(2) of such Code and Regulations as they now exist or as they may hereafter be amended. ID:305-2~6-2445 FEB 23~01 17:34 No.O06 P.02 FFO HOMESTEAD A(:lrninistretive and Multi Serwces ~D. Box 900368 '-~c~f~ead, FL 3309D /2464):~,bf r~X 305/246 2445 HOMESTEAD immigration Projec~ 21 $odth Kronl~ Ave. I [on~es~ean. Ft 330WJ 305/247-4779 r'a~: 305/247.0701 COALITION HOMESTEAD New Palhs Substance Abuse Center P.O. l:~ox 900368 Homeute[~d, F L 33099 305/245-1904 Fax', 305/248-63oo OF FLORIDA iMMOKALEE Multi Sewice Office 94'i/057-727'2 Fax: 941 FARMWORKER ORGANIZATIONS, [NC, February 20, 2001 Debra Preston, Planning Director Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Dear Ms. Preston: We understand that the Collier County Board of Commissioners has scheduled some time to consider the Immokalee's Mutli-Cuttural Multi-Service CAA's (IMMCAA) petition to become the CAA for Collier County. At our February 16, 2001 board meeting, the members reaffirmed the Coalition of Florida Farmworker Organizations (COFFO) commitment to provide technical assistance and act as the fiscal agent for the IMMCAA if selected and if required by the Commissioners. Thank you for the time that you have put into the effod. Respectfully, Arturo Lopez Executive Director AN EQUAL. OPPORTUNITY EMPLOYER 2 3 4 5 6 7 Resolution No. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. (IMMCAA) TO BE DESIGNATED AS A COMMUNITY ACTION AGENCY BY THE GOVERNOR FOR THE PURPOSES OF PARTICIPATING IN THE COMMUNITY SERVICE BLOCK GRANT PROGRAM ADMINISTERED BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Congress has enacted the Community Services Block Grant Program, P.L. 97-35, which is administered in Florida by the Florida Department of Community Affairs, for the purpose of alleviating the causes of poverty a the community level; and 8 WHEREAS, the Community Services Block Grant Program provides for private 9 nonprofit organizations that meet the requirements to be designated by the governor of tO the state as eligible entities to receive block grant funds; and [] WHEREAS, no Community Action Agency is designated in Collier County to t2 receive Community SerVices Block Grant funds; and ]3 WHEREAS, in 1998, the Department of Community Affairs began a process to 14 expand the Community Action program to serve all the unserved counties in Florida; ]5 and t6 WHEREAS. no existing Community Action Agencies from contiguous counties 17 were interested in serving Collier County; and ]8 WHEREAS, the County has contacted and informed nonprofit organizations in 19 and contiguous to Collier County regarding the.block grant funds; and 20 WHEREAS, the Immokalee Multicultural Multipurpose Community Action 21 Agency, Inc. has expressed interest in being considered by the State of Florida as the · 22 recipient to administer Community Development Service Block Grant funds for Collier 23 County; and ! WHEREAS, the Board wishes to improve the availability of services to the poor 2 in Collier County by accessing this federal funding to the residents of Collier County. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: ,5 SECTION1. The Board of County Commissioners supports Immokalee 6 Multicultural Multipurpose Community Action Agency, Inc. in its efforts to be designated ? by the state as the Community Action Agency for Collier County and the recipient for the 8 Community Services Block Grant funds upon appointment by the Governor. 9 SECTION 2. Effective Date. This Resolution shall take effect immediately upon 10 approval by the Board of County Commissioners. 1 ! SECTION 3. This Resolution adopted after motion, second and majority vote this 12 ~ day of ., 2001. 13 14 ATTEST: 15 DWIGHT C. BROCK, CLERK 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, PH.D., CHAIRMAN Approved as to Form and Legal Sufficiency Heidi F. Ashton Assistant County Attorney ! 13 2001 EXECUTIVE SUMMARY V-2000-33, FREEDOM SCREENING CORPORATION, REPRESENTING CURTIS CHANDLER, REQUESTING A 2-FOOT VARIANCE FROM THE REQUIRED 10- FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES TO 8 FEET FOR PROPERTY LOCATED AT 225 BAYFRONT DRIVE, FURTHER DESCRIBED AS LOT~ 18, BAYFRONT GARDENS, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in single family development. CONSIDERATIONS: The petitioner wishes to add a screen enclosure to an existing pool, which is currently fenced, on an existing single-family house. The building code requires swimming pools to be fenced or screened. A pool deck is not required to meet setback requirements. A fence, subject to height restrictions, is not required to meet setback requirements. A screen enclosure, however, is subject to accessory structure setback requirements. The existing pool is 10 feet from .the rear property line and-so it meets the rear yard setback requirement. The pool deck and fencing extend farther towards the rear property line, as is legally allowed. The petitioner wishes to screen the pool. If the screen enclosure were to meet the setback, it would have to be constructed along the lip of the pool. The petitioner desires a 2- foot walkway along the rear for maintenance purposes. The rear lot line abuts Little Hickory Bay. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its February 15, 2001 meeting. Stating that the configuration of the lot adjacent to Little Hickory Bay shielded the encroachment from the neighbors, the CCPC voted 6 to 0 to forward petition V-2000-33 to the BZA with a recommendation of approval. ,AR 1 3 2001 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. 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. RECOMMENDATION: The encroachment is ameliorated by the lot configuration as it lies adjacent to Little Hickory Bay. However, there is no land-related hardship. Therefore, Planning Services staff is constrained from recommending approval and recommends that the BZA deny petition V-00-33. 2 PREPARED BY: F~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: RONALD F. 1~1~13", ~ICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOt12~ ~I. DUNN~CK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-33 3 MAR!3 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 16, 2001 SUBJECT: PETITION V-2000-33 AGENT/APPLICANT: OWNER: AGENT: Curtis Chandler 225 Bayfront Drive Bonita Springs, FL 34134 Freedom Screening Corporation 1950 Custom Drive Fort Myers, FL 33907 REQUESTED ACTION: The petitioner requests a 2-foot variance from the required 10-foot rear yard setback for accessory structures to 8 feet allow an existing fenced pool to be ~creened, on a single-family lot. GEOGRAPHIC LOCATION: The subject property is located at 225 Bayfront Drive, also Gardens. described as Lot PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to add a screen enclosure to an existing pool, which is currently fenced, on an existing single-family house. The building code requires swimming pools to be fenced or screened. A pool deck is not required to meet setback requirements. A fence, subject to height restrictions, is not required to meet setback requirements. A screen enclosure, however, is subject to accessory structure setback requirements. The existing pool is 10 feet from the rear property line and so it meets the rear yard setback requirement. The pool deck and fencing extend farther towards the rear property line, as is legally allowed. The petitioner wishes to screen the pool. If the screen enclosure were to meet the setback, it would have to be constructed along the lip of the pool. The petitioner desires a 2- foot walkway along the rear for maintenance purposes. The rear lot line abuts Little Hickory Bay. SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned PUD Surrounding: North - East - South - Single family home; zoned PUD Bayfront Drive ROW Single family lot; zoned PUD & Little Hickory Bay HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS ,TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation, or the environment. / ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The pool was constructed to the rear setback line and is surrounded by a fence, which is not required to meet setbacks. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The applicant wishes to construct a screen enclosure onto an existing house. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, since a single-family house exists on the lot. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to construct a screened pool enclosure, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller rea[5~al~.~.~ that which would be permitted for a similar lot in the Lely Barefoot Beach PUD.i ~'k'-/2]--~-~.l f. Will granting the variance be in harmony with the ~eneral intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard and required open space. However, it is a screen enclosure; so it will not have a significant effect on 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. The encroachment is adjacent to Little Hickory Bay, not directly abutting another home. 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. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The encroachment will be ameliorated by being adjacent to Little Hickory Bay. However, there is no land-related hardship. Therefore, Planning Services staff is constrained from recommending approval and recommends that the CCPC forward Petition V-2000-33 to the BZA with a recommendation for denial. PREPARED BY: ) FREI~ REISCHL, AICP PRINCIPAL PLANNER R~VIEWED BY: ~N~Lb'/:i'~INO, AICP CURRENT PLANNING MANAGER DATE DATE ROJ3~'RT-J. M~--LHERE, AICP PLANNING SERVICES DIRECTOR ./ o-,,/ DATE APPROVED BY: JOl~q M. DUNNUCK III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES A]JMINISTRATOR Petition Number: \7-2000-33 Tentatively scheduled for the March 13, 2001 BZA meeting. Collier Count)~an~!g Commission: VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZO~ ,~. ,~I~-TI~[~- ~-: ...... x- Petition No. Date Petition Received: Commission District: ign ~" ,- Planner Ass ed: ~ :,~ ' ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Curtis Chandler 225 Bayfront Dr. Petitioner'sAd~ess: Bonita Springs, FL 341 34 Telephone: 9 4 9- 9 1 51 Agent's Name: Freedom Screening Corp. Agent's Ad~ess: 1950 Custom Dr., Ft. Myers, FL 33907 Telephone: 936- 2827 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 Variance Petition - 8/98 · ; Compiete the following for all Association(s) affiliated with this pclifion. -%beets if necessary) Name of Homeowner Association: Mailing Address 241 Bayfront B, yfront Gardens Homeowner Dr. City Name of Homeowner Association: Mailing Address City Name of Homeowner Association: Mailing Address City Name of Master Association' Mailing Address City __.____ Name of Civic Association: Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Bayfront Section 6 Twp. Gardens Unit 4 8 Range Metes.& Bounds Description: City 25 Lot (s) 23095 Pro Application for Variance Petition - 8/98 Address of Subject Property: (l f diffcrcn! from Petitioner's address) Currcnt Zoning and Land use of Subject Parceh ~in~l~ f~milv r~,~ic]~n~ Adjacent Zoning & Land Use: N S W E Residential Residential Waterway Residential Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No ~ Side: Waterfi-ont Lot: Yes [] No [] Real-: Application for Variance Petition - 8/98 Nature of Petition Provide a detailed explanation of the request including what structt res are existing and what is proposed; the amount of encroachment proposed using numbers, i.c reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Pool deck currently has an aluminum rail around it and we need to enclose with a screen cage due to 2 children that are sensitive to the sun. Petitioner is requesting to put a screen cage on pool deck instead of railing. Petitioner is asking for variance from 10' setback to 8' setback which is where existing pool deck ends. They need this variance because of the constraints of his unusual lot configuration. Application for Variance Petition - 8/98 Please note that ~taff and the Collier County Planning Commission shall be guided in theft reconunendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-$). (Please address this criteria using additional pages if nece,aary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. As can be seen on the attached survey, the configuration of the Petitioner's lot causes a severe constraint upon the 10' setback rule. · Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. no 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 structure and which promote standards of health, safety or welfare. ¥~: ~h~ v~ri~nc~ will allow Petitioner to enclose all of existinq pool deck. Application for Variance Petition - 8/98 Page ~i~gran~ing~hevariancerequest~dc~n~r~n~epetiti~neranyspecia~privi~ege~atisdeniedby Ihesczonin8rcgulationstoolhcrlands, buildings, ors~cmresin~esamezoningdis~ct. No, the adjacent property owners have sizeable homes with ample pool deck areas that are screened Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes, the area behind the Petitioner's property for a great distance is preserved manqrove and open Waterway (see attached photos) Willgran~gthevafiancebeconsistentwi~ the~owthmanagementplan. Yest this variance will not constitute any chanqe which would be in conflict with any of the elements of the Growth Management Plan. Application for Variance Petition - 8~98 !3 2001 Page 6 of 8 ~ 8-FOOT REAR YARD ACESSORY SETBACK FOR POOLSCREEN ENCLOSURE EXHIBIT "A" ¥-00-33 RESOLUTION NO. 2001- RELATING TO PETITION NUMBER V-2000- 33, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and V~,q-IEREAS, 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 V~rHEREAS, 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 2-foot variance from the required 10-foot rear yard setback for accessory structures to 8 feet for property located at 225 Bayfront Drive, 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 V~,qdEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-33 filed by Freedom Screening Corporation, representing Curtis Chandler, with respect to the property hereinafter described as: Lot 18, Bayfront Gardens, as recorded in Plat Book 14, pages 114 through 117 of the Official Records of Collier County, Florida be and the same hereby is approved for a 2-foot variance from the required 10-foot rear yard setback for accessory structures to 8 feet for property located at 225 Bayfront Drive, as shown on the attached plot plan, Exhibit ',A", of theJlUT) Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. BE IT RESOLVED that .lis Resolution relating to Petition Number V-2000-33 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: M arj ori o01~i.- Stud ent ' - Assistant County Attorney g, admin V-2000-33 TK/CW JAMES D. CARTER, Ph.D., CHAIRMAN -2- AGENDA I...TEM /~ UAR 1 3 2001 8-FOOT REAR YARD ACESSORY SETBACK FOR POOL SCREEN ENCLOSURE a~CK \ \ P. AVER~ I EXHIBIT "A" V-00-33 ---'-- EXECUTIVE SUMMARY PETITION CU-2000-20, JEFF L. DAVIDSON OF DAVIDSON ENGINEERING, INC. REPRESENTING B.C. EXCAVATING OF NAPLES, INC., REQUESTING A CONDITIONAL USE FOR EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL FOR A PROPERTY LOCATED ON THE EAST SIDE OF FRIENDSHIP LANE APPROXIMATELY 1/4 MILE NORTH OF IMMOKALEE ROAD IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA. THIS PARCEL CONSISTS OF APPROXIMATELY 4.4 ACRES. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use' permitting an earth mining activity in the "A" Agricultural zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The petitioner is proposing to excavate a lake with an area of 1.85 acres. The petitioner is proposing to excavate the site to a maximum depth of 20 feet. Due to the existence of residential units within close proximity of the subject site and the small area of the tract in question staff recommends that no blasting be permitted with this excavation. The access to the site will be provided via Friendship Lane which is a 2 lane unpaved road. The applicant is proposing to set aside enough land for a single-family residence on the site. FISCAL IMPACT: This petition is for an earth mining operation. The only impact fee applicable to this operation is the road impact fee. Based on the transportation impact fee calculation criteria this operation generating an average of 20 truck trip per day for one (1) year will be assessed a transportation impact fee of $15,683.11. GROWTH MANAGEMENT IMPACT: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP. The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. - The Agricultural/Rural designation permits agricultural uses including excavation/earth mining; the Final Order does not prohibit agricultural uses, or earth mining in 'the AgriculturaliRural designation. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their review comments did not indicate any environmental issues. Furthermore, since 2001 there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. 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, a Historical/Archaeological Survey and Assessment was required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-20 and by a vote of 8,-0 recommended that the Board of Zoning appeals deny this petition. The CCPC unanimously decided to recommend denial of this petition after the applicant stated that they could not agree with staff stipulations. STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for a conditional approval for an initial period of 3 years, subject to all stipulations listed in Exhibit "C" of the Resolution of Approval. In light of the new direction from the Board of County Commissioners regarding the preparation of a list of standard stipulations for all proposed earthmining activities within the vicinity of existing residences, staff recommends that this petition to be continued until the list is completed. PREPARED BY: /~AHRAM BADAMTCHIAN, Ph.D., AICP PRpCIPAL PLANNER P,~/VI EWE~, BY:_~ I~NALb ~. ~iNO, AICP, MANAGER CURRENT PLANNING SECTION ROBeRt }. MULHERE, AICP, DIRECTOR PLAN'NING SERVICES DATE DATE DATE APBp, OVED BY: JOHI~ M. D'0NNUCK, III, INTERIM ADMINISTRATOR DATE coMmUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 DIV AGENDA ITEM 1:3 UOl AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: January 9, 2001 RE: PETITION NO: CU-2000-20 OWNER/AGENT: owner: Brian Carey B.C. Excavating of Naples, Inc. 4610 5th Avenue S.W. Naples, FL. 34120 Agent:: Jeff L. Davidson, P.E. Davidson Engineering, Inc. 1720 J&C Boulevard, Suite # 3 Naples, FL. 34109 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A" Agricultural. GEOGRAPHIC LOCATION: The subject property is located on the east side of Friendship Lane approximately 1/4 mile north of Immokalee Road in Section 24, Township 47 South, Range 27 East, Collier County Florida. This parcel consists of approximately 4.4 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The petitioner is proposing to excavate the site to a depth of 20 feet. Due to the existence of residential units within close proximity of the subject site and the small area of the tract in question staff recommends that no blasting be -1- 2001 permitted with this excavation. The access to the site will be provided via Friendship Lane which is a 2 lane unpaved road. The applicant is proposing to set aside enough land for a single-family residence on the site. SURROUNDING LAND USE AND ZONING: Existing' Surrounding: -Vacant, zoned "A-MHO" Agricultural with Mobile Home Overlay. North - Farmland, zoned "A-MHO Agricultural with Mobile Home Overlay. East - Vacant, zoned "A-MHO" Agricultural with Mobile Home Overlay. South- Mobile Home residence, zoned "A-MHO" Agricultural with Mobile Home Overlay. West- Vacant, zoned "A-MHO" Agricultural with Mobile Home Overlay. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Rural Agricultural area as identified on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses which may include commercial earth mining. The site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Florida Governor and Cabinet. However, the Final Order does not prohibit the conditional use of earth mining. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be provided through Friendship Lane. The applicant will be required to improve the access to Friendship Lane from Immokalee Road by paving the first 40 feet of Friendship Lane. The ITE Trip Generation manual indicates that this site will generate 10 to 20 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is cor~istent with Policy 5.1 and 5.2 of the Transportation Element (TE). MAR 13 2001 Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case f-nay be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "A". Earth mining is permitted as a Conditional Use in the Agricultural district. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Rural Agricultural district. This district allows certain non-agricultural land uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. 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. Pro: The access to the site will be provided from Friendship Lane which is a local road with five (5) improved properties along this road. Furthermore, this parcel is separated from Immokalee Road by a single property; therefore, the trucks traffic on Friendship Land will not directly impact more than one property on either side on the road. -3- Con: Friendship Lane is a two-lane unpaved local road and there are no plans to add additional travel lanes in the near future. Summary Conclusion (Findings): Adequate ingress and egress to the site will be provided through Lane. Friendship The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: Neighboring properties are only partially developed. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. Con: This activity will generate some noise and dust which may affect the neighboring properties. Summary Conclusion (Findings): The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. In order to limit the negative effects of this activity on the neighboring properties, staff is proposing stipulations to limit this activity to 18 months and limiting the hours of operation. Compatibility with adjacent properties and other property in the district. Pro' This property is surrounded on three sides by vacant properties. Con: To the south this parcel is adjacent to a parcel that is developed with a residential dwelling unit. Summary Conclusion (Findings): The parcel in question is surrounded on three sides with vacant properties and on the remaining side it is adjacent to a parcel with a mobile home. The earthmining activity will last a maximum of 18 months, and then it may be developed with a single-family residence. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2000-20 to the recommendation for conditional approval subject to all staff stipulations. BCC with a -4- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: R1DNALD F. NINO, AICP, MANAGER CURRENT PLANING SERVICES DATE dATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOHN M. DUNNUCK III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-2000-20 Staff Report for February 1, 2001 CCPC meeting. NOTE: This Petition has been tentatively scheduled for the March 13,2001 BZA Hearing. COLLIER COUNTY PLANNING COMMISSION: -5- RESOLUTION NO. 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "1" IN THE "A" ZONING DISTRICT PURSUANI TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the_County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 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 concermng 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 Jeff L. Davidson, P.E., of Davidson Engineering, Inc., representing B.C. Excavating of Naples, Inc., with respect to the property hereinafter described as: Ex'bit "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. -1- 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 ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR/DA BY: JAMES D. CARTER, PhD., CHAIRMAN ATTEST: D~'qGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: M~o~ M. ~tuaent &ssist~t County Attorney g:/admin/CU-2000-20/RESOLUTION/CB/ira -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: 1. Section 2.2.2.3.1 authorized the conditional 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: Ao 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 within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy approval DATE: ~/--~f attached) (~L~id ..vt) be r~e~commended for -- CHAIRMAN: ~~ ~ !3 2001 FINDING OF FACT BY COLLIER COUNTY PLANNI/:G COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 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 ~ C o Affects neighboring properties in relation to noise, glare, economic or odor effects: Affect mitigated by No a~fect or ~/ Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, stipulations, (copy attached) approval DATE: ~r~A ~ ~ t~~nal use should, with be recommended for MEMBER: ~ 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management~ Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect-or Affect mitigated by / Affect cannot be mitigated D. Compatibility with adjacen_t properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, thi_~~j~nal use should, wi~h stipulations, (copy attached) ~hould not~ be recommended for approval DATE: -1]~ I ~ I MEMBER: /, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes ~ No o 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 v C o Affects neighboring properties in relation to noise, glare, economic or odor effects: N~ affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~-/ , fo / # I,.,,,,,, 13 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: 1. Section __2.2.2.3.1 of the Land Development code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management ~n: Yes No m o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: Affect mitigated by N~o affect or Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes V' No Based on the above findings, stipulations, (copy attached) approval DATE: ~,' /~' ~/ t~nal use should, with be recommended for MEMBER: ; i - ~v- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao B o C o Consistency with the Land Development Code and Growth Manag~men~tan: es ~ 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 & Yes ~o ,~ ) Affects neighboring properties in relation to noise, glare, economic or odor effects: ~"~ ~-No ~ffect or Aff~ti~ated by Affect cannot be mitiga-a-t-~d D. Compatibility with adjacent properties and other property in the district: Compatible~use~ within district Yes ~ ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval,- ~i.~(.. DATE: ~ ... , ~ MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-20 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management p~: Yes No o 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: No affect or Affect mitigated by ~/' Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within di2~trict Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval (should not) be recommended for LEGAL I}ESC~IPTIDN THE W ~/£ OF THE NW ~/4 OF' THE ?/W 1./4 OF THE SE IW4 OF SECTION 24, TWP 47 S, RNO. 27 E. LES3 THE S 38 FT THERE OF ~ND LESS THE WEST 30 FEET THEREOF THEREOF ~ND L ES~ THE WEST 30 FEET THEREOF IN COL L IER COUNT Y, FL ORIDA. EXHIBIT "B" - O~ 0~' ~,,Of, lO~6gg EXHIBIT iic II CONDITIONS OF APPROVAL CU-2000-20 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on February 1, 2001. Planning Services: The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). The applicant shall provide an eastbound left turn lane on Immokalee Road at the intersection with Friendship Lane prior to any excavation activity on the site. When deemed necessary by the Collier County Transportation Department, the applicant shall provide a westbound right turn on Immokalee Road at the intersection with Friendship Lane. The applicant shall pave Friendship Lane at Immokalee intersection within the lmmokalee Road R.O.W.. Radius returns of 50 feet and proper drainage and culvert(s) shall be included with this work. This action shall be completed prior to any excavation activity on the site. The applicant shall maintain Friendship Lane, from the Immokalee road to the access point to this property, as a dust-free surface for the duration of the mining operations. The payment of road impact fees for this development shall be based upon an individual site specific calculation of impact fee due to the nature and use of the subject site. The Transportation Services Department shall determine the amount of this fee. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1. prior to any excavation activities on site. Subsequent annual exotic . removal (in perpetuity) shall be the responsibility of the property owner. The hours of operation shall be from 7:00 AM to 6:00 PM, Monday through Saturday. No work shall be performed on Sunday. The duration of excavation activity shall be limited to 18 months. EXHIBIT "D" EXECUTIVE SUMMARY PETITION CU-2000-16, JEFF L. DAVIDSON OF 'DAVIDSON ENGINEERING, INC. REPRESENTING JESSE HARDY, REQUESTING A CONDITIONAL USE FOR EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL FOR A PROPERTY LOCATED IN THE "HOLE-IN-THE-DONUT" WITHIN THE SOUTHERN GOLDEN GATE ESTATES. MORE SPECIFICALLY, THE SITE IS LOCATED ABOUT TVVO MILES SOUTH OF INTERSTATE 1-75 AND ONE AND ONE QUARTER MILE EAST OF EVERGLADES BOULEVARD, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 160 + ACRES. - OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting an earth mining activity in the "A" Agricultural zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The site, which consists of 160 acres, contains a residence and a small lake. The petitioner is proposing to excavate four lakes with a combined area of 80.7 acres. The petitioner is proposing to excavate the site to a maximum depth of 20 feet. Some blasting may be required as a part of this earth mining activity. The petitioner indicates that they intend to excavate approximately 1,785,667 Cubic yards of fill material. The applicant has also indicated that they intend to excavate this site over a period of 30 years. The access to the site will be provided via an existing driveway access located along the west side of the property. The existing limerock road connects to Desoto Boulevard, which connects to 52nd Avenue N.E., which intersects with Everglades Boulevard. The lakes will be used as aquaculture ponds, which are permitted principal uses under the Land Development Code. The applicant is proposing to raise only native species of fish. Department of Environmental Protection, Land Acquisition Section, in a telephone conversation, indicated that the parcel owned by Mr. Jesse Hardy (the subject parcel) will be acquired by the State prior to September 2002. They indicated that if the new offer is. rejected they would use the eminent domain procedure to acquire the property. The Board of County Commissioners, in the past, has always indicated their reluctance to withhold final development orders (Building Permits) for single family residences within the Southern Golden Gate Estates area. However, this conditional use request will have a much greater impact on the environment, road network and natural resources than a residential dwelling. In view of the fact that the Governor and Cabinet have approved the use of Eminent Domain, when necessary, to purchase properties in the area, and considering the fact that now there is a deadline of September 2002 to complete the transfer of ,~.wnership of the properties in the area to the State, the Board may wish to defer any approval on this property for a development of this magnitude until such time as the State has exhausted its purchasing procedures. Should the Board of County Commissioners be inclined to approve this petition, due to the magnitude of this project, which will include 30 years of earth mining, blasting and hauling the fill. material in excess of 1.75 million cubic yards on Southern Golden Gate Estates roads, improvements to which are limited by policies contained within the Growth Management Plan, staff is proposing a conditional approval for a period of 3 years. After the initial 3 years of activity, this operation will be evaluated by the County to make sure that the principal use of aquaculture has commenced and the activities occurring on site, including earthmining and hauling of fill material does not negatively affect the neighboring properties, County roads, and the traffic in the Estates district. After the first three years the Board of County Commissioners may approve or deny any further earthmining activity on this project. FISCAL IMPACT: This petition is for an earth mining operation. The only impact fee applicable to this operation is the road impact fee. Based on the transportation impact fee calculation criteria this operation generating an average of 75 truck trip per day for 12 years will be assessed a transportation impact fee of $ 23,231.71. The Board of County Commissioners has recently directed the Transportation Department staff to propose a new Road Maintenance Fee in lieu of Impact fees for this type of projects. GROVVTH MANAGEMENT IMPACT: The subject property is located in the Rural Agricultural ama as shown on the FLUE map of the GMP, and is within the Natural Resource Protection Area Overlay (NRPA). T-he Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses including aquaculture and excavation/earth mining; the Final Order does not prohibit agricultural uses, or earth mining in the Agricultural/Rural designation. The NRPA Overlay allows agriculture and directly related uses; and, the Final Order provides that agriculture and directly related uses are allowed within a NRPA. Excavation/earth mining is a necessary component of the proposed aquaculture use. Department of Community Affairs (DCA) reviewed this request and opined that the request is in compliance with the Final Order from the Governor and Cabinet. 2 AGEND~IT,.~-M~,1 MAR 1 3 Z001 It is staff's opinion that excavation/earth mining not directly related to an agricultural use would not be allowed within a NRPA. The only way this petition for an excavation could be deemed consistent with the FLUE is if the intended and primary use is a bona fide agricultural use and the excavation is a directly related use necessary in order to achieve the end use. This excavation activity will take approximately 30 years to achieve. The Golden Gate Area Master Plan precludes road improvements within Southern Golden Gate Estates (SGGE) area. Policy 2.1.1 states: "Minimal road maintenance to include traffic signage, right-of-way mowing and road surface patching/grading will continue;" and, Policy 2.1.3 states: "Special taxing districts associated with infrastructure improvements shall not be created for or expanded into SGGE." ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their review comments and stipulations are included in Exhibit "C" of the Resolution of Approval. 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, a Historical/Archaeological Survey and Assessment was required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed this petition on January 3, 2001 and by a vote of 5-1 recommended denial of this petition. The EAC stated that their recommendation for denial was based on the fact that 1.) The property in question is located in the NRPA, which is intended to maintain habitat for wild life, 2.) There is no past history of fish farming in the area', therefore, there is no certainty that a fish farm will be feasible in the area, 3.) The area in question is slated for conservation and restoration. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-16 and by a vote of 5-1 recommended that the Board of Zoning appeals approve this petition. The single negative vote was cast because a planning commissioner had some reservation about the,true nature of the request. The dissenting commissioner stated that in his opin!on this application is for an earth mining activity and the fish farm was a way around the Code prohibiting earth mining activity within the NRPA. It is important to note that the CCPC reviewed this petition prior to the Governor and Cabinet approving the use'of Eminent Domain to buy the remaining properties in the area. STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for a conditional approval for an initial period of 3 years, subject to all stipulations listed in Exhibit "C" of the Resolution of Approval. Staff recommendation to the CCPC was made prior to the decision of the Governor and Cabinet to more aggressively purchase properties in the Southern Golden Gate Estates and when necessary use Eminent Domain powers to accomplish this. This decision may be cause to defer any consideration of approval which could affect the land value until after the acquisition process is completed. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE RENEWED BY: ~ . 0,~-ICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES ?- -of DATE APPROVED BY: Jo~N IVC.'Du~INUCK, I~j~, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 4 AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: December, 7, 2000 RE: PETITION NO: CU-2000-16 OWNER/AGENT: owner: Jessy Hardy 6000 Naomi Street Naples, FL. 34145 Agent:: Jeff L. Davidson Davidson Engineering, Inc. 1720 J & C Boulevard, Suite 3 Naples, FI. 34109 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A" Agricultural. GEOGRAPHIC LOCATION: The subject property is located in the "Hole-in-the-Donut" within the Southern Golden Gate Estates. More specifically, the site is located about two miles south of Interstate I- 75 and one and one quarter mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida. This site consists of 160 + acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district.for an earth mining business. The site, which consists of 160 acres, contains a residence and a small lake. The petitioner is proposing to excavate four lakes with a combined area of 80.7 acres. The petitioner is proposing to excavate the site to a maximum depth of 20 feet. Some blasting may be required as a part of this earth mining activity. The -!- 2001 petitioner indicates that they intend to excavate approximately 1,785,667 Cubic yards of fill material. The applicant has also indicated that they intend to excavate this site over a period of 30 years. The access to the site will be provided Via an existing driveway access located along the west side of the property. The existing limerock road connects to Desoto Boulevard, which connects to 52nd Avenue N.E., which intersects with Everglades Boulevard. The lakes will be used as aquaculture ponds, which are permitted principal uses under the Land Development Code. The applicant is proposing to raise only native species of fish. SURROUNDING LAND USE AND ZONING: Existing: Mostly vacant with a residence located on the NW corner of the property, zoned "A" Agricultural. Surrounding: North - Vacant with a residence, zoned "A" Agricultural. East - Vacant, zoned "A" Agricultural. South - Vacant, zoned "A" Agricultural. West - Vacant, zoned "E" Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP, and is within the Natural Resource Protection Area Overlay (NRPA). The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses. including aquaculture and excavation/earth mining; the Final Order does not prohibit agricultural uses, or earth mining in the Agricultural/Rural designation. The NRPA Overlay allows agriculture and directly related uses; and, the Final Order provides that agriculture and directly related uses are allowed within a NRPA. Excavation/earth mining is a necessary component of the proposed aquaculture use. It is staffs opinion that excavation/earth mining not directly related to an agricultural use would not be allowed within a NRPA. The only way this petition for an excavation could be deemed consistent with the FLUE is if the intended and primary use is a bona fide agricultural use and the excavation is a directly related ' use necessary in order to achieve the end use. This excavation activity will take approximately 30 years to achieve. Due to the magnitude of this project, which will include 30 years of earth mining, blasting and hauling the fill material in excess of 1.75 million cubic yards on Southern Golden Gate Estates roads, improvement to which are limited by policies -2- contained within the Growth Management Plan. Staff is proposing a conditional approval for a period of 3 years. After the initial 3 years of activity, this operation will be evaluated by the County to make sure that the principal use of aquaculture has commenced and the activities occurring on site, including earthmining and hauling of fill material does not negatively affect the neighboring properties, County roads, and the traffic in the Estates district. After the first three years the Board of County Commissioner, may approve or deny any further earthmining activity on this project. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation-Element: Ingress and egress to the site will be provided via an existing driveway access located along the west side of the property. The existing limerock road connects to Desoto Boulevard, which connects to 52nd Avenue N.E., which intersects with Everglades Boulevard. The IT!= Trip Generation manual indicates that this site will generate 50 to 80 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County Road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element: This petition will be reviewed by the EAB on January 3, 2001. The EAB recommendation and stipulations will be presented to the CCPC at the hearing. A groundwater quality-monitoring plan, as stipulated by staff, will be in place to monitor the groundwater quality for the life of this excavation operation. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a -3,- summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Managem=nt Plan. Pro: The site in question is zoned "A". Earth mining is permitted as a Conditional Use in the Agricultural district. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con: This Site is located within a Natural Resource Protection Area (NRPA). NRPA would allow bona fide agricultural uses; however, excavations are not permitted within a NRPA. This petition can only be deemed consistent if the excavation activity is needed for a bona fide and permitted agricultural use. Summary_ Conclusion (Findinqs): The use in question is a permitted conditional use within the Rural Agricultural zoning district. NRPA does not allow earth mining unless it is in conjunction with and necessary for an agricultural use. 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. Pro~ 1) The access to the site will be provided via a private access road, which intersects, with Desoto Boulevard. 2) -The recommendation in support of this' petition is conditioned 'upon reconsideration by the BZA within three (3) years so that traffic conditions relative- to ingress and egress as they relate to this property can be re-evaluated. Con: This property will be accessed via roads within the Southern Golden Gate Estates (SGGE). It is common in granting approval for excavation to require certain road improvements due to the impacts of hauling the excavated materials. However, the Golden Gate Area Master Plan precludes such road improvements within SGGE. Policy 2.1.1 states: "Minimal road maintenance to include traffic signage, right-of-way mowing and road surface patching/grading will centinue;" and, Policy 2.13 states: "Special taxing districts associated with .infrastructure improvements shall not be created for or expanded into SGGE." Summary Conclusion (Findings): Adequate ingress and egress to the site will be provided from a private.access easement, which connects the site to Desoto Boulevard. Reconsideration of this project within three (3) years will allow the BZA to deny any additional earth -4- mining of the site should the development trend change and the area become more populated or the truck traffic from the site interfere with residential traffic on Desoto Boulevard or other roads used by ~.ruck traffic related to the site. However, road improvements, necessary for this type of activity, are not permitted in the area. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects: Pro: 1) Neighboring properties are mostly undeveloped. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. A staff site visit revealed that at this time there is only one home adjoining this parcel. The said residence is approximately 1000 feet from the last phase of this project. Con' This activity, including blasting, will generate noise and dust which may affect the neighboring properties._ Summary conclusion (Findings): The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. d. compatibility with adjacent properties and other property in the district. Pro: This property is surrounded on three sides by agriculturally zoned properties with only one residence on one of the properties. All remaining agricultural. properties are vacant. COn: On one side this property is adjacent to Estates zoned properties. However, they are all vacant tracts at this time. Summary Conclusion (Findings): The site in question is surrounded on all sides by mostly undeveloped land. It is unlikely that development will result in a substantial number of new homes within the recommended three (3) year window of re-evaluation. Nevertheless, there are subdivided Estate lots on one side of the land in question. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition for to the BCC for a conditional approval subject to all staff stipulations. Staffs recommendation is due to the fact that aquaculture is a permitted use within the NRPA, and the proposed excavation is a necessary step in order to prepare the property for the intended use. -5- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: RQ NAL E~JF:~N~,I C P, MANAGER CL~RRENT PLANING SERVICES DATE DATE ROBEC~T J. MULHER"E;-ATCP, PLANNING SERVICES DIRECTOR DATE APPROVED BY: J0~N M. DUNNUCK III, INTERIM ADMINISTRATOR DATE C~)MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-2000-16 Staff Report for January 4, 2000 CCPC me.eting. NOTE: This Petition has been tentatively scheduled for the February 13, 2001 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: -6- RESOLI ,q'ION f 1- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMIN1NG, CONDITIONAL USE 'T' OF THE "A" ZONING D1STRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED 1N SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for th:: i, .... fthe public; and WHEREAS, the County pursuant thereto has adopted a Land ,)~ ~de (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establ~smn~ ~ ~.'r the zoning of particular geographic divisions of the County, among which is the granting ~ -d Uses; and WHEREAS, the Collier County Planning Cowm-~:2,q~ 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 "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 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 J4ff Davidson, P.E., of Davidson Engineering, Inc., representing Jesse Hardy, with respect to the property hereinafter described as: NW ~/:, of Section 16, Township 50 South, Range 28 East, Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3 of the' "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney g::admin/CU-2000-16/RESOLUTION/CB.,'cw FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-16 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. o Granting 5he conditional use will not adversely affect the public inserest 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 C o Affects neighboring properties in relation to noise, glo, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility wi~'h adjacent properties and other property in the district: Compatible use within/district Yes ~/No Based on the above findings, thj~-~it~onal stipulations, (copy attached) ~) be approval use should, with mmended for EXHII~A~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2~0~-16 The following facts are found: Section 2.2.2.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~ 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 & egre/ss Yes 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, th.i~_C_q~ditional use should, with stipulations, (copy attached) ~not) be recommended for~ approval PATE: t t V ' MEMBER f/FINDrNG OF FACT ~4554BER/CU-2000-] 6/CB/cw FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-16 The following facts are found: Section 2.2.2.3 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: no 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: No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, t~0nal use should, with stipulat.ions, (copy attached) ~s~ld no~7 be recommended for. approval ~ ~~~ f;F~NDrNG OF FACT M£MBSR/CU-2000-16/CB/¢w FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-16 The following facts are found: !. Section 2.2.2.3 of the Land Development Code authorized th~ conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: B o Consistency with the Land Development Code and Growth Manag~m~: -~es 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 ing~e, se~ress ~S ~/_~ NO C o Affects neighboring properties in relation to noise, gla~.,.-eccn~ic or odor effects: ~,'~' No~_~a~ect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compa t i~le: u~-~;wi thin district Based on the above findings, this conditional use _should, with stipulations, (copy attached) (should not) be recomrfie-rid~d for DATE: /./Z!/(~'t MEMBER: / f/F~ND[NG OF FACT MEM B ER./CU-2000-16/CB/cw FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-16 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized th~ conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~ 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: e~~ess Adequate ingress & Yes ~ No Affects 3~e/ghboring properties in relation to noise, glar~/~conomic or odor effects: ~Z'No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the distric~D~-'-- Compatible use~,i'%hin district Yes ~ No Based on the above findi~ngs, this conditional use shout, with DATE:appr°valStipulati°ns'o//O ~/~/-f/~~/~ ~/a~ '~'- ( c~opy at t~ched)/ (ckc'-' ! ~-MEMBER -~/J~~-~~./-A~_ _-_.c.t I_ be reco_~~d, for f/FrNDrNG OF FACT MEMBEK/CU-2000-16/CB/cw FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDI2£ONAL USE PETITION FOR CU-2000-16 The following facts are found: Section 2.2.2.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management P~n: 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: -~' 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 f/FINDING OF FACT MEMBER/CU-2000-16/CB/¢w ,! IYN¥O NIYW NOINn-V)~Y...I ONLLSIX3 CONDITIONS OF APPROVAL CU-2000-16 1. 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. 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 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. 3. Hours of operation are restricted to 7:00 AM to 6:00 PM, Monday through Saturday. No excavation or hauling activity is permitted on Sunday. 4. This Conditional Use shall expire 3 years after the date of issuance of the Agricultural Clearing Permit or upon completion of phase one, whichever occurs first. Within the initial 3-year period, the applicant is required to commence a bona fide aquaculture activity on the site, which shall occupy all completed lakes. In order to continue the excavation, the applicant shall request a new Conditional Use approval from the Board of Zoning Appeals. 5. Blasting shall require a Blasting Permit. 6. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for an agricultural clearing permit and to check for any listed species. No work shall be done prior to that site visit. 7. The excavation will be limited to a bottom elevation of 20 feet. below original grade. 8. Off-site removal of material shall be subject to the standard conditions imposed by the Transportation Services Division in the attached document dated May 24, 1988. 9. An exotic vegetation removal, monitoring and maintenance plan for the site, shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 10. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to issuance of an agricultural clearing permit. 11. Clearing shall be done in phases with agricultural clearing permits issued for one phase at a time. Agricultural clearing Permits for subsequent phases shall not be issued until the previous phase (lake) is completed. 12. Trucks used to haul fill from the site shall not be allowed to transport this material down Janes Scenic Drive. 13. Adequate dust control measures, including spraying water over all non-paved road surfaces used by the trucks in conjunction with this earthmining activity, shall be employed by applicant. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work. EXHIBIT "C" COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm 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 truck 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 ~ 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 fight 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. 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 ENVIRONMENTAL ADVISORY COUNCIL Item V. STAFF REPORT MEETING OF JANUARY 3~ 2001 II. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Conditional Use Petition No. CU-2000-16 Commercial Excavation No. 59.764 Jesse Hardy Aquaculture Ponds Jesse Hardy Davidson Engineering, Inc. Collier Environmental Consultants, Inc. LOCATION: The subject property is zoned agricultural and located in the "Hole-in-the-Donut" within the Southern Golden Gate Estates. More specifically, the site is located about two miles south of Interstate 1-75 and one and one quarter mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida. The Fahka Union Canal borders the west side of the property. Looking west at SUbject property from air, with Southern Golden Gate Estates in background. The recent fire break made by the Division of Forestry is clearly EAC Meeting Page 2 of 14 visible in this photograph. Photo taken by Marco Espinar, Collier Environmental Consultants. IlL Looking south from the air, at the existing home site on the subject property. Area to be excavated is in background and to the left of photograph. The Fahka Union Canal is visible on the right. Photo taken by Marco Espinar, Collier Environmental Consultants. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped and zoned either Agricultural or Estates. Some single-family residences and agricultural uses are present in the Agricultural zoned lands in the "Hole-in-the-Donut". The Estate zoned lands all appear to be undeveloped. ZONING DESCRIPTION N - Agricultural Forested Land with One Existing Home Site IV. S - Agricultural E - Agricultural W - Estates PROJECT DESCRIPTION: Forested Land Forested Land ForeSted Land EAC Meeting Page 3 of 14 The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The site, which consists of 160 acres, contains a residence and a small lake. The petitioner is proposing to excavate four lakes with a combined area of 80.7 acres. The petitioner is proposing to excavate the site to a maximum depth of 20 feet. Some blasting may be required as a part of this earth mining activity. The petitioner indicates that they intend to excavate approximately 1,785,667 Cubic yards of fill material. The applicant has also indicated that they intend to excavate this site over a period of 30 years. The access to the site will be provided via an existing driveway access located along the west side of the property. The existing limerock road connects to Desoto Boulevard, which connects to 52na Avenue N.E., which intersects with Everglades Boulevard. The lakes will be used as aquaculture ponds, which are permitted principal uses under the Land Development Code. The applicant is proposing to raise only native species of fish. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP, and is within the Natural Resource Protection Area Overlay (NRPA). The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses including aquaculture and excavation/earth mining; the Final Order does not prohibit agricultural uses, or earth mining in the Agricultural/Rural designation. The NRPA Overlay allows agriculture and directly related uses; and, the Final Order provides that agriculture and directly related uses are allowed within a NRPA. Excavation/earth mining is a necessary component of the proposed aquaculture use. It is staff's opinion that excavation/earth mining not directly related to an agricultural use would not be allowed within a NRPA. The only way this petition for an excavation could be deemed consistent with the FLUE is if the intended and primary use is a bona fide agricultural use and the excavation is a directly related use necessary in order to achieve the end use. This excavation activity will take approximately 30 years to achieve. Due to the magnitude of this project, which will include 30 years of earth mining, blasting and hauling the fill material in excess of 1.75 million cubic yards on Southern Golden Gate Estates roads; ;improvement to which are limited by policies contained within the Growth EAC Meeting Page 4 of 14 Management Plan, staff is proposing a conditional approval for a period of 3 years. After the initial 3 years of activity, this operation will be evaluated by the County to make sure that the principal use of aquaculture has commenced and the activities occurring on site, including earthmining and hauling of fill material does not negatively affect the neighboring properties, County roads, and the traffic in the Estates district. After the first three years the Board of County Commissioners may approve or deny any further earthmining activity on this project. 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 interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. 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". The petition is consistent with Objective 6.4 in preserving 15% of the native vegetation on site. EAC Meeting Page 5 of 14 Objective 1.3 states, "The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission) and their habitats." Policy 1.3.1(c) states, "Guidelines and standards for development of Natural Resource Protection Areas (NRPAs) including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded"; Policy 1.3. l(d) states, "A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site- specific and cumulative environmental impacts of development are being adequately assessed and addressed"; Policy 1.3.1(e) states, "A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights"; Objective 6.7 states, ''The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments". Objective 6.8 states, ''The County shall protect natural reservations from the impact of surrounding development". Policy 6.8.1 states, "All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation". The subject property is designated Agricultural/Rural (Agricultural/Rural - Mixed Use District) on the Future Land Use Map of the Growth Management Plan, and is within the Natural Resource Protection Area Overlay (NRPA). The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. Pursuant to the order, within Natural Resource Protection Areas, only agricultural and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed. Due to the magnitude of this project and the period of time it will take to excavate the lakes, staff is proposing a Conditional Use approval for a period of 3 years.~ After the initial 3 years of activity, this operation will be evaluated by the C~)unty ..~1 ~_~ ~.~ EAC Meeting Page 6 of 14 VI. to make sure that the principal use of aquaculture has commenced and the activities associated with the project do not significantly impact the surrounding environment. After the first three years the Board of County Commissioners, may approve or deny any further earthmining activity on this property. Clearing associated with this project will be done in phases with clearing for subsequent phases not allowed until the previous phase is completed. This will minimize the impact the excavation will have on the surrounding area. Dust generated from trucks and other equipment, will be controlled by watering the roads. A copy of the Conditional Use site plan and Environmental Impact Statement have been forwarded the State of Florida, Division of Forestry; Florida Department of Environmental Protection, Division of State Lands; and South Florida Water Management District, Big Cypress Basin, for their review and comment. These agencies are responsible for the acquisition, management and restoration of lands within the South Golden Gate Estates and adjoining agricultural areas. Copies of letters received from those agencies which responded, are included with this staff report. The petitioner has received an offer from the State to purchase the property in March 1999, but does not wish to sell. MAJOR ISSUES: Water Management: The petitioner proposes to excavate four lakes totaling 80.7 acres on approximately 160 acres of agriculturally zoned property. An estimated 1.8 million C.Y. of material will be removed from the 20-foot deep excavations and hauled off-site to be used as fill. Excavations generally shed less stormwater runoff than the use they replace, which, in this case is undeveloped agricultural land. Site stabilization and sediment control during excavation are always problems, but can be properly managed if the excavator is conscientious. 'iExeavation. The fill that will be generated by the excavations, if placed on the unexcavated portion of the site would generate a mound over 25 ft. high. The mound would be next to impossible to irrigate, so nothing could be grown On it and it would displace a large amount of area scheduled for preservation. The fill must be removed from the site, which makes the project, by code, a Commercial EAC Meeting Page 7 of 14 Since there is no large impervious area that is proposed for this site, the rate of runoff that enters the lakes during storm events will be only slightly higher than before excavation due to the compaction of the ground and its subsequent decrease in percolation ability. Staff does not even really see the need for a discharge structure because the lake level should always be lower than the surrounding groundwater table level. Naturally, all the rain that falls on a lake stays there. If one foot of water falls on a lake, the lake will rise one foot. If the surrounding ground has 25% voids, that same foot of rain will raise the groundwater table four feet, assuming 100% percolation. The usual engineering assumption for pervious areas is a runoff of 20%, so that 80% percolates in. This is, of course a simplification, but accurate enough for our purposes. Environmental: Site Description: The subject property is an undeveloped 160 acre parcel with an existing home site in the north west portion of the property. Native plant associations on site include cabbage palm, pine flatwoods and herbaceous (drained) marsh. Most of the property is vegetated with native species. ~ ' FLUCFCS Cpde 428 - Cabbage Palm (foreground) EAC Meeting Page 8 of 14 FLUCFCS Code 411 - Pine Flatwoods (background) This site has been impacted both hydrologically and by fire. The drainage canal along the western boundary has lowered the water table, thereby increasing the severity of fire in the area. Many of the slash pines not killed by previous fires have now died due to the last fire. These dead pines are clearly visible on the aerial photographs taken by the petitioner's environmental consultant. Over all, existing native plant communities on site are slowly being taken over by cabbage palms. FLUCFCS Code 310 - Herbaceous/Drained Marsh (foreground) FLUCFCS Code 428 - Cabbage Palm (background) According to the most recent (1998) Soil Survey of Collier County, three soil types occur on the subject property. These are Hallandale Fine Sand (Soil Map Unit #11), Riviera Fine Sand, Limestone Substratum (Soil Map Unit #18) and Hallandale and Boca Fine Sand, Slough (Soil Map Unit 49). Most of the site consists of Soil Map Unit #11, Hallandale Fine Sand. Hallandale and Boca Fine .Sand, Slough (Soil Map Unit 49) occurs along the southern boundary of the site, while Riviera Fine Sand, Limestone Substratum (Soil Map Unit #18) is found only in the north-west corner of the property. Soil Map Units #18 & 49 are listed as hydric soils by the USDA, Natural Resources Conservation Service. Most of the site, according to the survey, consists of non-hydric soils. .Also included in the Environmental Impact Statement (EIS) for the project, is information from the 1954 Soil Survey for Collier' COunty, Flodd'4. Soils EAC Meeting Page 9 of 14 identified on the project site on this map consist of Broward-Ochopee complex (Be), Cypress swamp (Cf) and Matmon loamy fine sand (Mc). Descriptions of each of these soils are provided in the ElS. The petitioner dug a test hole on the subject property and found the site to consist of surface rock averaging about 6 to 8 feet in thickness. The material excavated from the pond can be seen in the picture below. Blasting in order to dig the test hole occurred in 1997 and was permitted by the County. Existing test hole and fill pile on subject property. Wetlands: No jurisdictional wetlands occur on the subject property. The site has been has severely drained by the canal on the west side of the property. Cap rock is present on the surface of the site, and surface water, if present, would have been in the form of sheet flow across the site. There is little sign of standing water on the property. Existing ground elevations are estimated to be approximately 4 feet above the seasonal high water table. Preservation Requirements: The petitioner is proposing to preserve 24.8 acres (15.6%) of the native vegetation .on site in preserve area. This meets the 15% native vegetation retention 'irequirement in section 3.9.5.5.4 of the Land Development Code. Additional nd. tire ;vegetation will also be preserved around the existing home site on the property.. EAC Meeting Page 10 of 14 VII. Listed Species: A Threatened and Endangered Species Survey was conducted during the month of September 2000. Focused searches were conducted over five days. Transects were walked on straight compass bearings along a grid spaced at approximately 100 yards apart for the entire parcel. Other transects were primarily meandering transects through areas of prime habitat. All transects were walked at varying times from post-dawn & mid-day to pre-sunset hours. Several species of plants (Tillandsia spp.) listed by governmental agencies were found on the property during the transect surveys. None are considered rare. Each is listed by the State of Florida, primarily due to commercial reasons. During the survey, one listed animal was found. An American alligator was commonly seen utilizing the drainage canal bordering the property. Other listed species of wildlife are known to occur in the general area, but were not observed during the survey. They include the following: Big Cypress fox squirrels are known to use habitat similar to those found on site. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed during the survey. However, Big Cypress fox squirrels are known to inhabit neighboring areas. Several individuals of Florida panther have been identified utilizing the general area (Florida Panther Habitat Preservation Plan, November 1993). Generally these individuals have a large home range. No Florida panthers have been documented on the subject property. The project will not prevent Florida panthers from transversing the site. This area is known to be inhabited by black bears. Special attention was given for signs such as scrapes, tracts and scats from these animals. No individuals have been documented on the project site. These animals also have a large home range. This project will not prevented black bears from transversing the property. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-2000-16 / Commercial Excavation Permit No. 59.764 "Jesse Hardy Aquaculture Ponds" with the following stipulations: Wa~e,r Manaeement: EAC Meeting Page 11 of 14 The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for an agricultural clearing permit and to check for any listed species. No work shall be done prior to that site visit. The excavation will be limited to a bottom elevation of 20 ft. below Original Grade. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. A lake littoral zone equivalent to 10% of the lake perimeter will be planted prior to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. Off-site removal of material shall be subject to "standard conditions' imposed by the Transportation Services Division in the attached document dated May 24, 1988. Approval of this Excavation Permit is contingent upon approval of a Conditional Use for Earth mining by the Board of Zoning Appeals. An exotic vegetation removal, monitoring and maintenance plan for the site, shall be submitted to Planning Services Section staff for review and approval prior to excavation work beginning on site. Environmental: Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to issuance of an agricultural clearing permit. Clearing shall be done in phases with agricultural clearing permits issued for one phase at a time. Agricultural clearing permits for subsequent phases shall not be issued until the previous phase (lake) is completed. Trucks used to haul fill from the site shall not be allowed to transport this material down the Janes Memorial Scenic Drive. Adequate dust control measures, including spraying water over all non- paved road surfaces used by the trucks in conjunction with this earthmining EAC Meeting Page 12 of 14 activity, shall be employed by applicant. Failure to utilize adequate dust control procedure shall be sufficient cause to order cessation of the work. This Conditional Use shall expire 3 years after the date of issuance of the Agricultural Clearing Permit or upon completion of phase one, whichever occurs first. Within the initial 3 year period, the applicant is required to commence a bona fide aquaculture activity on the site, which shall occupy all completed lakes. In order to continue the excavation, the applicant shall request a new Conditional Use approval from the Board of Zoning Appeals. EAC Meeting Page 13 of 14 PREPARED BY: STAN CHRZ-ANOwsKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE THOMAS E. KUCK, P.E. f~NG~ERING REVIEW MANAGER /3RRENT P~qNING MANAGER DATE EAC Meeting Page 14 of 14 ~OI~.RT J. ~RE, AICP PLANNING SERVICES DIRECTOR t2. ~ q.oo DATE APPROVED BY: NRiMM. DUNNUCK, In COMMUNITY ADMINISTRATOR DEVELOPMENT & DATE ENVIRONMENTAL SERVICES SL/gdh/c: StaffReport QIBIG CYPRESS BASIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT 6089 Janes Lane, Naples, FL 34109 D(~71~505 · Suncom 721-7920 · Fax (941) 5974987 ° www.s~wmd.gov/organ/2_bcb.html 1 ? December 7, 2000 Mr. Stephen Lenberger Environmental Specialist II Collier County Planning Services Department 2800 North Horseshoe Drive Naples. FL 34104 Subject: Conditional Use Petition No. CU-2000-16, Jesse Hardy Aquaculture Ponds We have reviewed the subject proposal for excavation of four lakes for a fish farm in Section 16, Township 50 South, Range 28 East, in the Southern Golden Gate Estates (SGGE). The project is located within the State of Florida's SGGE Conservation and Recreational Land (CARL) project area. The SGGE lands are presently being acquired for public ownership to restore the hydrology of the area for greater public benefit. A construction project involving modification of the canals and roads in the SGGE is presently being developed by the Big Cypress Basin and the U.S. Army Corps of Engineers for implementation of the restoration plan. The proposed land use change to aquaculture ponds is incompatible with the hydrologic restoration plan for the area. \Ve appreciate the opportunity to comment. Should you have any' questions or need additional information, please do not hesitate to contact us. CST/amc C' John Outland Ed Kuester CYPRESS BAStN GOVERNING BOARD Trudi K. Williams, Chairperson, Ex officio - Fl. Myers Patricia Carroll, Secretary - Naples JoAnn Smallwood - Naples DtREdTOR Clarence S. at'ears, Jr. Nl,~rv Ellcr~ t la~vkins, Vice Chair- N:,ptes Garrett S. Richter - Naples Fred N. Thomas, Jr. - lmmokalee South Golden Gate and Belle Meade NRPAs Sabal Pa SR US4' S 0 10 Miles FROM DAV I DSON ENG ! NEERJ NG INC DEPARTMENT " ' · Dedicated to makingFlotidaal~ezterplacet°Catt .omc PHONE NO. : 941 597 $195 Nov. 08 2000 05:55PM OF CoMMU NI~~~! RS lEI sUSM P2 2000 ~ M~'a. Okr~a~wtld a~d In ~ 01 May 2~, t~r, you ~k~ ~e~r a pm~ ~o e~'~ app~xLm~ety 160 ~s ~r ~cul~ wout~ ~ ~w~lc ~cc ~ A~~fi°n Co~ tission's F~ O~der LACC-~0~), In yo~ letter, y~ ~ts ~ subi~ ~P~ is d~ig~l, ~cuh~~l on the f~ ~ U~ Map and ~ tcsig~d aNat~ Ke~urccs Prot~ 23 Novemb~ The Final Order ~e9 "[w]i~n ~s~ N~, on~ ag~ulzu~ m ,d d~ctly.r~lat~d umem ~ one sin{lu ~Ey d~l~i ~ ~r p~ml or lot aq~cUt~ is 8~cutture.' 0~ wo~d co~ider ~ ~uucutm~ p~J~ and i~ dit~tly-~lated ~. p~e note ~e Final Order also ~tat~ .[a~uitU~ a~tvlfi~s sh~. ~~en~ of ~u Sou~ Ft~da Walmr M~mge~ui D~ct und other r~atory au~r~. ~'-~u~n~ ~u~." y~lly, al~gh tlmh i~}o~ d~ not a~o~ ~ty ~ ~e ~l O~r Sui~lin~m. ~e Final O~r al~ slates "[~]h~ [S~ie and R~o~ll a~n~}~..~ a~o dit~t~ ~u consist p~h~ of~ id~fi ~ ~ sens~6ve or ~ ID ,IALLAHISSIt' ~ORIOi FROM : DAUIDSON ENGINEERING INC PHONE NO. : 941 597 5195 Now. 08 2000 05:34PM P3 Mr. Stan Chrzanow~ki ~ Mr. David Wee~ 13 ~e Two o~ ~n~ ~nent pto~ion ~m ~c im~c~ ofdev~lopmen ." l~ is ~d~ng oF De~.ent s~ ~t ~ De~nt ofEnvi~nta~ Pr~ ,~on has plac~ ~he subj~t ~Y on i~s ~qui~6on lis~ ~ ~11 co~ t~ o~ to ~k~ ~ offer. Plum sccept my ~logte~ for ~e delay in ~po~. Pleme cont~ ,ct me at ~o5.~bd~st~te. fl~ or ~0,922,1797 (suncom 292. [ ~97). Bob Cambric, AICP Bob Mulher~. AICP. Piaanlnl~ ~rvices Dir~X,~r Wiliiam Lot, fa.. P.IL, Natural Resourc,s Dire'tot !ttan Lltsin~r. AICP. Comprehensive Plmxning Mamig~r Tom Kuck. P.E.. Engi~rin~ Knvie,.v $ervi¢~ Mlma~ BIG CYPRESS BASIN SOUTH FLORIDA ¥¥ATER MANAGEMENT D1STRICI ~089 lanes Lane, Naples, FL 34]09 0(~7~ 505 · Suncc m 721-7920 ° Fax (941) 5974987 ° www.sfwmd.gov/organ/2_bcb.hmd December 7. 2000 Mr. Stephen Lenberger Environmental Specialist II Collier County Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Subject: Conditional Use Petition No. CU-2000-16, Jesse Hard:)' Aquaculture Ponds We have reviewed the subject proposal for excavation of four lakes for a fish farm in Section 16. Township 50 South, Range 28 East, in the Southern Golden Gate Estates (SGGE). The project is located within the State of Florida's SGGE Conservation and Recreational Land (CARL) project area. The SGGE lands are presently being acquired for public ownership to restore the hydrology of the area for greater public benefit. A construction project involving modification of the canals and roads in the SGGE is presently being developed by the Big Cypress Basin and the U.S. Army Corps of Engineers for implementation of the restoration plan. The proposed land use change to aquaculture ponds is incompatible with the hydrologic restoration plan for the area. We appreciate the opportunity to comment. Should you have any questions or need additional information, please do not hesitate to contact us. ~~//~Sincerel;¥, ~ CST/amc c: John Outland Ed Kuester B/c; CYPR£55 BASIN GOV£RNING BOARD Clare~ce S. Tears, ix. - Trudi K. \¥illial',xs, Chatr?ersom Ex qEcio - Et Myers Patricia Carroll, Secretary - Naples JoAnr, Smallwood - Naples ~la: v lilh'~n :q~;wkin~, Vice Chtffr - N~:'h':: Garrctt S, l*.icht¢~ .- Naples Fred N, Thomas, .1~, - lmt:'wkdec 29 December 2000 Stephen Lenberger, Environmental Specialist II Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 THE CONSERVANC Of Southwest Florid, 1450 Merrihue Drive · Naples. Florida 34102 941.262 0304 * Fax 941.262.0672 Re: Conditional Use Petition No. CU-2000-16, Jesse Harde Aquaculture Ponds Dear Mr. Lenberger: On behalf of The Conservancy of Southwest Florida's 5,800 member families, I appreciate this opportunity to comment for the public record on the above-referenced Petition. The Conservancy has actively participated in the protection of South Golden Gate Estates, including the Hole-In-The-Donut area, since prior to its listing as a CARL Project. The Conservancy campaigned for its inclusion and its high ranking on the CARL list. It also was, and is, instrumental in increasing the number of wilting sellers within the CARL boundaries to the State. South Golden Gate Estates is a vital part of the watershed in the Western Everglades ecosystem. Any proposed projects that are inconsistent with the protection and restoration of the Western Everglades must be avoided. The Petition, scheduled to be heard before the Collier County Environmental Advisory Council on January 3,2001, should be denied. It will thwart long-standing efforts to restore the historic sheetflow of the Western Everglades. The EAC Staff Report states that the "only way this petition for an excavation could be deemed consistent with the FLUE is if the intended andprimary use is a bona fide agricultural use and the excavation is a directly related use necessary in order to achieve the end use." Clearly, the excavation of over 1.78 million cubic yards of fill cannot be interpreted as being anything but the primary use of this property. Further stretching the limits of the law, the petitioner plans to dig up to 20 feet in depth. Notwithstanding the reconu'nended depths of lakes in Southwest Florida that are created as a by-product of earth mining, aquaculture facilities in Florida generally do not require such depth, especially ponds that raise native fish. In fact, at depths below ten feet, aquaculture can become financially infeasible: The ponds develop stratification and oxygenation problems, requiring sophisticated and expensive aeration equipment. Further, the NRPA Overlay allows only uses that are directly related to agriculture. Later conversion of an earth mining business into an aquaculture business is nOt "directly:, ..... Stephen Lenberger 29 December 2000 Page 2 related" to agriculture. Earth mining is inconsistent with the FLUE and NRPA Overlay; therefore, this conditional use petition must be denied. This property is located within the SGGE CARL project boundaries, and the South Florida Water Management District plans to restore this area to its historic sheetflow pattern in approximately 2 years, well prior to county staff's recommended 3-year probationary excavation. Once the petitioner receives approval for this project from the county, it will have an inflated takings claim. Additionally, restoration efforts would be hampered by the presence of 20-foot deep holes over 80 acres. Prior to any approval by either the EAC or Board of County Commissioners, The Conservancy recommends that the petitioner submit a feasibility study regarding the proposed aquaculture business, which may help substantiate the financial practicality of digging 20-foot deep aquaculture ponds and the necessity of creating such deep ponds for raising the particular species of fish proposed. The subject 80-acre property has already been deemed important for conservation by both the county and the state. The Everglades cannot be fully restored if mining operations occur in the midst of the Western Everglades ecosystem. The Conservancy respectfully requests that this petition be denied for the reason that it is inconsistent with the intent of the county comprehensive plan. Sincerely, Mimi S. Wolok Staff Attorney Cc~ Collier County Board of County Commissioners Clarence S. Tears, Jr., Director, Big Cypress Basin EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WATERWAYS OF NAPLES, UNIT SEVEN", 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 ,,Waterways of Naples, Unit Seven" a subdivision of lands located in Section 14 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 "Waterways of Naples, Unit Seven" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section' recommends that the final plat ,,Waterways of Naples, Unit Seven" be approved for recording. of FISCAL IMPACT: The project cost is $708,195.01 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $289,765.25 - $418,429.76 The Security amount, equal to 110% of the project cost, is $779,014.51 Executive Summary Waterways of Naples Unit Seven 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: $8085.99 Fees are based on a construction estimate of $418,429.76 (does not include Orangetree Utilities Water and Sewer improvements) and were paid in October, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 889.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MAi~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ N/A Drainage, Paving, Grading (.42% const, est.)- $1757.40 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ N/A Drainage, - $5439.59 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/ARC~ROLOGICAL IMPACT: archeological impacts EAC RECOM)~ENDATION: 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 "Waterways of Naples, Unit Seven" for recording with the following stipulations: Approve the amount of $779,014.51 as performance security for the required improvements. Executive Summary Waterways of Naples, Unit Seven 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 Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, Engineering Review Manager Rob~ / Planning Services Department Director APPROVED BY: John ~,' [D[~r~n~C~ 'Iii, Interim Admioistrator Commu~5. ty Development & Environmental Services Date Date Date j rh ARI3 200t ~JECT :ATION m / OIl WI Ll RANDALL BLVD i PROJECT L OCA T/ON UAR 13 ~001 EXECUTIVE SIIMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "JUBILATION", 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 "Jubilation", a subdivision of lands located in Section 32 Township 46 South, Range 29 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 "Jubilation". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees were waived by the Board of County Commissioners at the regularly scheduled meeting of January 11, 2000 (item #8A2) . 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 ~he 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 "Jubilation" be approved for recording. that the final plat of FISCAL IMPACT: The project cost is $650,000.00 (estimated) to be borne by the developer. The cost breakdow~ is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $185,000.00 - $465,000.00 The Security amount, equal to 110% of the project cost, is $715,000.00 MARp . !3 Executive Summary Jubilation 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: $ -0- Fees waived by the Board of County Commissioners: $11,631.00 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: 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 "Jubilation" for recording with the following stipulations: Approve the amount of $715,000.00 as performance security for the required improvements. AGE/~A ITEM MAR13 2001 Executive Summary Jubilation 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: R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date ]Thomas E. P.E. Kuck, ~i,~.,~,Engineeri~g Review Manager Planning Services Department Director APPROVED BY: John ~.'. Dunnuck II~, Interim Administrator Community Development & Environmental Services Date Date Date j rh AGENDA ITEM MAR 13 2001 ~LE 17 Johnson Rd. 24 26 3( 6 2O 28 I 2t I 22 23 27 26 -¢MMOK AL EE'~'.: , A,RPOR T...'.i:!:i:ii: 5 I LOC A TiON MAP 14/-',,m 13 200I Sheet 1 of 2 VAC 00-025 EXECUTIVE SUMMARY PETITION VAC 00-025 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County in the above-described instruments conveying public road fight of way. CONSIDERATIONS: Petition VAC 00-025 has been received by the Planning Services Department from Michael J. Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioners, PR VI L.L.C. and PR VII L.L.C. requesting the vacation of various 30' wide road right of ways as referred to in the documents recorded in the Official Records of Collier County, Florida as follows: OFFICIAL OFFICIAL OFFICIAL RECORDS PAGE RECORDS PAGE RECORDS PAGE 117 246 131 246 124 439 904 466 124 444 1468 586 2029 1676 These 30' wide road fight of ways are generally described in the documents as "... subject to an easement for public road right of way over and across .... "The Petitioner has been unable to locate any other conveyance document nor any document showing that the County has accepted these road right of ways. The Petitioner is trying to avoid a cloud on the title. Neither roads nor utilities have been constructed within these right of ways. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner, which covers the County's cost of 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 00-025 to vacate the County's interest in the above- described 30' wide road right of ways; and I ~"~,~ Sheet 2 of 2 VAC 00-025 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: Rick Grigg, P.S.M. Planning Services DATE: REVIEWED BY: TI~omas E. Kuck, P.E. E~gineering Review Manager REVIEWED BYC~~''~ 'k-- V~ ; ~ ~bgert 19/ulhere, AICP Planning Services Department Director DATE: DATE:/--.-' Z 1. Of APPROVED BY: i,i- ;'-,./~, ';., .... ~' Johr~ M. Dunnuck, III, Interim Administrator Community Development & Environmental Services DATE: RESOLUTION NO. 2001- RESOLUTION FOR PETITION VAC 00-025 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 30, TOWNSI-ffP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 36 40 41 42 43 44 WHEREAS, pursuant to Sections 125.01(t), Florida Statutes, Michael J. Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioners, PR VI L.L.C. and PR VII L.L.C., does hereby request the Board of County, Commissioners to vacate, renounce and disclaim those alleged easements for Public Road Right of Ways set forth below over and across pomons of Section 28, Township 48 South, Range 26 East, Collier County; and WHEREAS, the alleged easements for public road right of ways appear in Deeds recorded in the Public Records of Collier Count3', Florida at the folloWing listed citations: OFFICIAL OFFICIAL OFFICIAL RECORDS PAGE RECORDS PAGE RECORDS 117 246 131 246 124 439 904 466 124 444 1468 586 PAGE 2029 1676 WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convement access of other property, owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests, if any, over and across the alleged 30 foot wide public road nght of ways more parUcularly described in the above listed Deeds incorporated as if set forth hereto, are hereby vacated, extinguished, renounced and disclaimed. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resohilfion in the Official Records of Collier County., Florida. This Resolution is adopted this day of , 2001, after motaon, second and majority vote favoring same. ATTEST: DVqlGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk JAI~IES D. CARTER, PhD. ,Chairman form and legal Patrick G. White, Esq. Assistant County Attorney PETITION DEDICATED THE PUBLIC G Attachment "C" FORM FOR THE EXTINGUISHMENT EASEMENTS RECORDED BY SEPARATE OF PUBLIC INSTRUMENT IN RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: 1~/~--~----,o t . ~.O~} ! Petition #: ,,,/,z:~____ (5~tr~ - O~--~.~ Petitioner (O~vner):_ Address: 77 W. Wacker Dr. Suite 4200 City/State: Chicaeo, IL Agent: Michael J. Delate~ P.E. Address: 3800 Via Del Re)' City/State: Bonita Sprin~s, FL Telephone: Zip Code: 60601 (Q. Grady Minor and Assoc.~ P.A.) Location of Subject Properq': Ave. and 18th Ave. NW 312-917-8872 Telephone: 941-947-1144 Zip Code: 34134 East of 1-75~ south of Immokalee Rd. and West of Oakes Blvd. between 20th Location: Section 30 Township 48S Range 26E Official Record Book -- Page (s) -- Current Zoning: PUD Does this affect densiD'? No Legal Description: Refer to attached legal descriptions Reason for Request: Easements serve no useful purpose to public and land is to be platted I hereby authorize Agent above to rep_~sent me for this petition: Signature of Petitioner Michael Nortman Print Name XX Yes [] No 'Date Vice President (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Ser~'ices Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the na~m.,~,~f ...................... principals. AGENO/, ITLM (4) List all other owners. N,,,.~.fi~.~ Q GRADY MINOR 941 947 0375 12/18 '00 08:38 N0.596 04/05 Attachment "C' DEDICATED E~E~~ ~CO~D BY S~TE ~STR~~ IN OR ~AT~D ~, EXCE~ FO~ :~LICRO~S ] Add~: 7~ W. W~ker~.. Suite 42~ ~leph~ne: ~,1~917-8872 Location of Subject P~pe~: East ofJ-'S~spu,h~[Immokalee ~j and West of ~cafion: ~en 30 Towns~p~~uge 16E Om~al Reco~ Boo~ Page (s) -- . _Current Zonin~:_.Ji~ ':~L~ DOes this L~I Description: Refer t~a~a~ed ]oRal d~pOo~ '~.~ Reason for ~uest: E~eme~ se~e no u~eruI~u~ose ~o~b~nd land is to /. ,."'~ ~[cbae. l_~'o~ an 7 Vice Print Name "~ "~ ~itle) Please see 'Poh~ a~d P~cedu~ for the E~n~uishment of PuM~ Easemen~ ~ ~-=~. ~-.+ ..... +" for the list ofsuppo~ive materla, whl. h must .~mpany this ~gt,~{ an~ ael'~r-~r-=:,,' ~:: _ Cemmuni~-Development & Env~nm~nt~ Se~i~ ~vfsioh~ PJsnnlng Se~ De~rtment ' '[ '. 25~ No~h Ho~h~ Dr ~ NapI~, Florld~ 34104 ' (I) If applicant is a land trus~ indica~ the name ~f beueficlarl~. I (2) Ifapp~nt is a ~ , .:, ,?ame ofoffice~ and major eorpo~flon other than a pubhc co o~on ~d~te th& n stoc~olde~. (3) Ifappllcnnt ~ a pa~ne~hfp, limited ~r~e~hip or other bns~ s enfi~:~ndl~te ~e namc of princip~s. (4) List all other owners. ' Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners i Trans Number ! Date I Post Date ~ P_a~ment Slip_ Nbr 79586 238100 12/14/2000 11:30:50 AM 112/14/2000 BAY COLONY GATEWAY, INC VAC-00-025 Payor ' BAY COLONY Fee Information Fee Code Description 12TRVC REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Total Amount i Waived $1000.00 i $1000.00 ! Payments Payment Code CHECK ~ Account/Check Number 48640 Amount $1000.00 Memo: CHECK NO. 00048640 F Total Cash [ $0.00 Total Non-Cash [. $1000.00 Total Paid [ $1000.00 Cashier/location: GARRETT_S / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGE.h~A ITE~,4 Printed:l 2/' 4/2~?1113~ :~.~ B 2589436 OR: 2637 PG: 2798 02/0]/2000 at Ol:O1PR DIIGIff 1. BROCK, CLIIK He HI 10.50 DOC-.70 8076.60 let:: G00D~rlS'I ~LBXJJ IT AL 4001 ?AJIIA. K! I'ILAIL KR~ 1300 WARRANTY DEED THIS WARRANTY DEED. is made this 3 lday of Januar,/, 2000 b~tween DELL E. COOK, a stnol~ man. as T~ of the 1-75 LAKE TRUST DATED JULY I. 1989, Grantor. whose post office address is 4060 N. Tamiami Trail. Naples. Florida 33940, and PR VII, LIC., an Indian· limited liability company, Grantee. whose post offic~ address is 77 West Wacker Drive. Suite 4200, Chicago, Illinois, 60601. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and vaJuable considerations to said Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, have grant~L bargained and sold to the said Grant~-s and Grantees' successors and assigns for~ct~r, the following de~zribed property., situated, lying and being in Collier County, Florida, to A portion of land lying East of 1-75 in the East I/2 of the Northwest 1/4 of the Southeast 1/4 of Section 30, Township 48 South. Range 26 East. Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast I/4 of Section 30, Township 48 South, Range 26 Faut, Collier County, FloricLa; thence run S 89'35'4:3' W, along the South line of the Northeast 1/4 of ~aid S~ctlon 30, for a cliatance of 132:3.09 feet: thence run S 02'32'28' E for · distance of 169.94 feet to the Point of Betinnin_e of the parcel of land herein ck~a~ecE Thence continue S 02'32~8' E for a clist,xnce of I 165.06 feet; thence run S 89'35'25' W for · dls~xce of 24:3.33 feet to · point on the easterly right-of-way line of Interstate No. 7.5, the ~ame being a point on · circular curve, concave easterly, whore radius r~oint bea~ N 80'55'49' E, a distxnce of 7477.44 fee~ therefrom; thence run northerly along said right-of-way line and along the arch of ~id curve to the right, having a radius of 7477.44 feet, through a central angle of 08'35'46', subtended by a chord of 1120.79 feet, at a bearing of N 04'46' 18' W, for an arc length of I i 21.85 feet to the end of said curve;, thence run North 00'28'$7' West, alor, g said right-of-way line, for a distance of 46.73 feet: thence run N 89'35'43' E for a di~ance of 285.30 feet to the Point of Beglnnlng o f the parcel of land betein described. (parcel iD Nc. O0 i,~l ~a ~~ ). A portion of the We~t 1/2 of the Northe~t 1/4 of the Southeast I/4 of Section 30, To*n~hip 48 South, R,tnge 26 East, Collier County, Florida, being more partlcula~ty Comrnoace at the Southe:ast corner of the Nm.thea~t I/4 of S~-'tion 30, Town~hlp 48 South, R~nge 26 Ea~ Coaler Coumy, Florida: them~ nm S 89'35'43' W, along thc South line of th~ Northeast 1/4 of'-tid Sectieo 30, for a distance of 661.55 feet to the Polnt of Betinning of the immd of Im~d herein ~k~crlhed; tho~ nm S 03' 1039' E for a dlrmnce of 1335.58 feet; the~ nm S 89'35'25' W for a di~ance of 676.39 feet; thence nm N 02'32'28' W for a di~wce of 1165.06 fet,~ thence run N 89'35' 43' E for a di~ance of 328.60 feet: thence run N 44'35'43'* E for · disumce of 240.16 feet to · point on the South line of the Northeast 1/4 of sald Section 30' therk~ run N 89'35'43' E for a diKance of I_56,79 fe~ I ). PREMIER TITLE BONITI ),"/'1~ 'uu U~:~f NO.b96 02/05 2589458 OR: 2637 PG: 2928 ~J 20HO.0O UC HI ILS0 ~C-,TI H2,10 te~: WARRANTY DEED · a~ .TFEPHEN P. HENRY, · ~man, as Co-Trustees o~ the ~U~ ~ER ~U~ ~~ ~D ~Y l O. ! ~7. ~. ~ ~ ~ 7344 E. ~ ~ ~e. Ad~l 85~0, and ~ ~, ~LC, ~ I~ lJmi~ ~. G~. ~ ~ o~ ~ If 77 W~t W~ ~ Suite ~. ~. TI~ Grm, m~. In con. skletntio~ of 0~e sum of TEN AND NO/100 EX)LIARS (S ! 0.00) and o~het good and v'aJuable con~leratlons ~o sam Gramot in band, paid by the Grantee. the tece4pt ofwhk~ is ~ fore'rtz, the foliowt~ ~ pto~. sl'tuated, D/It~ am/being in Coll~,r County. Fim'lda, to ^ portlo~ of the Eut 1/2 of the Sout~-~t 1/4 of the Non~e~t I/4 ~ ~ ~. T~shlp 48 ~.~26~~,~ (~ ~~2~gat Pn~ 1676~ 167~, ~ng ~ ~ d~ ~ ~ ~ n% ~ ~ ~ ~ ~ ~ I/4 ~ ~ 30, T~lp 48 ~, ~ 26 f~ttoa~t ~ ~ ~I~N~ 1/4 ~M ~ ~ ~ ~ S ~.36.1~ WAILRANTY DEED 2589440 OR: 2637 PG: 2826 UCOI~D ti OfflCl~, UC~i Q! CO~I, III CQ~IYT, THIS WAKKANTY DEED, is madc this 314ay single ~ ~ T~ of~e 1-75 ~D~ ~ 10 A~S ~ ~UST DASD ~ 30~ DAY OF ~Y, 1997, G~r, ~ 77 W~ Wa~ ~ve, S~t~ 42~, ~i~.o, fil~o~, ~1. A portion of the South 1/2 of t~e ',Vest 1/2 of ~e 5outhea~ 1/4 of the Northeast 1/4 of Secuon 30, Township 48 South, 'lL~nse 26 F~L~t, Collier County, Florida, being more ptr~culady dt~-ibt, d al foLlow~: Co~vu~n~e at t~ S~x~hcast eom~ of the Northeaat 134 of Set,on 30, T~hip 48 ~, ~ 26 ~G ~Ui~ ~, ~l~; ~ ~ S 89'35'43' W. ~on8 ~e S~ ~ of ~e N~t 1/4 ~ ~d ~ 30, ~ a ~ ~ ~ 1.55 fm ~ ~ P~t of ~e ~ ~ P~ ~ ~ ~~ ~ ~S 89'35'43' W, ~ong !~ ~d line, ~ a ~ of 1~6.79 ~ ~ ~ N ~'35'43~r a ~ of 42.43 f~ ~ SUBJECT TO: (a) mtJ proixT~ ad va]orcm r. ax~ accruing ~ub-~'qucnt to December 3~. 1999; (b) zonm&, building code and other use restrk*doru Imposed b~ g~,t~nmenuJ au~horhy; and (c) cuemen~, rtstricS0ns, rcs~v~tioru, and other matters of record_ A~d said Gmat' does hereby fi~T warrant the title to sa.id property, and will defend the same agair~t the ta-~l claim~ of a~l IX-nons w~oms~-vcr. The above refer~r~ecl real pn:~rty, is not the homestead of De~ E. Cook nor the residence o[' any member of hi~ family, nor is it contiguoo~ thereto. ;I 2589439 OR: 2637 PG: 2824 llCOnll) 02/0~/2000 i~ 0i:01P! DUIGST I. IIOC[, CLIII COILS 441480. lO nc Fi! lo.5o DOC-.?0 30~0.S0 GOODLITTI COLII[JUf IT JtL 400] ?~I~I IAPLIS FL WARRANTY DEED THIS WARRANTY DEED, is nude this.~, day of January, 2000 between DELL E. COOK, a sinnle man, ~ Trus~ o( the ]-75 AND 846 EAST LAKE lO ACRES TRUST DATED SEIki'EMBER l, 1989, Grantor, whos~ post 06%: adcLress is 4060 N. Tamiami Tra~, Naples, Horida 33940, and PR VII, LLC., an Indiana limited liability company, Grantee, whose post office address is 77 West Wacker Drive, Suite 4200, Chicago, Illinois, 60601. The Gnmtor, in consida~Oon of the sum of TEN AND NO/100 EK)~ (SI0.00) and other good and valuable consickrafions to r~id Granwr in ~ paid by the Granu~. the receipt of which is a~. 'gm forever, the following der~ribed property, situated, lying and being in Collier County, Florida, to w~t: The North I/2 of ~e ~ I/2 of ~e Northeast 1/4 of the Southe~i 1/4 of S~ctlon 30, Township 48 Sou~, R~nge 26 ~ Collier County. Florida. (Parcel ID No. ("x~ I r~'~ ! (, o ~) o~..- ) SUBJECT TO: (a) ~ ~ ~ ~orem ~ a~ng ~uent to of~ And said Grantor does hereby ful}y warrant the tide to said property, and will d~fend the same against the lawful claims of aU per. ns whomsoever. Th~ above ror~ real [:maperty is not the homestead of Dell E. Cook nor the residence of any member of his family, nor is it c~ntiguous thelz~. IN la/ITNESS WHEREOF, Gnmtor has execui~l and c~elivered thi; warranty deed the day and Oeorqe p. Lanaford Danielle C. Marczak DELL E. COOK. as Truau~ of the 1-75 AND 846 EAST LAJ<J~ 10 ACRES TRUST DATED SEPTEMBER 1, 1989. 2589453 OR: 2637 PG: 2897 c0K~ 4]~6~L00 RIO fll WARRANTY DEED THIS WARRANTY DEED, is n~de this,~J day of Janu,~/, 2000 betw,~n WILLIAM L. HOOVER. individually and as Trustee of the MALIBU RUN LAND TRUST DATED THE 7TH DAY OF JULY, 1998, Grantor, whose post offict address is 3785-B AirporT. Road North, Naples, Florida 3410.5, and PR VII, LLC., Im Indiarm limited liLb|lity co~nplny, Grantee, whose post offict address is 77 West Wacker Drive, Suite 4200, Chicago, lllinois. 60601. Thc Grantor. in consideration of the sum of TEN AND NO/]00 DOLLARS ($10.O0) and other good ;mci v:luable conside~tions u~ said Grantor in hand paid by the Grantee. the r~ceipt of which is a.~igns forevrr, the following described property, situated..lying ~nd being in Collier County, Florida, to wit~ The Sooth I/2 of East I/2 of the Northeut 1/4 of thc Southeast 1/4 of Section 30, Township 48 South, R~nge 26 Fast, CoHie~ County, Florldn. (Parcel ID No. 0O19720O001). SUBJECT TO:. (a) rr21 property ad vaiortm taxes accruing subsequent to Dectmb~r 31, 1999: (b) zoning, I~llding code m-sd o~her use rtstrictions imposed by governmental authority;, and (c) oucsunding oil, gas and mineral inu'rcsts of record, if any. And said Grantor d~es ~ fully w-~rram the title to said property, and will defend the same again~ the ~wful clmms of ~11 persons whomso~cr. The ~ove r~ferenct'd r~] properS, is not the homestead of Willi~n L Hoover nor the residence of any member of' his family, nor is it contiguous IN WITNESS WHEREOF. Grantor h~ executed and deliv~-d this w',tnmnty deed the day ~nd 3~ tim zbov~ WILLIAM L HOOVER, Individually ami am Tr'a~tet of iht MALIBU RUN LAND TRUST DATED THE 7TH DAY OF JULY, 1998. W'n.t~a 2 - Phnuxl ~ / THIS INSTRUMENT WAS PREPARED BY: I~:~mm C. Gt~t. E~ulm Gr~t. Frldk~. P~m. A~an & Cna~m, P.A. 5~1 ~ Dnv~. Su~ 501 2589449 OR: 2637 PG: 2861 IICOIDID in O~flCI~L II(OlDS o[ COLLXII CO~, fL 02/03/2000 at 0i:01f~ Dglo~r i. BlO~, CLIll C01! 1H36H.00 tic HI 10.50 D0C-.?0 ~etD: ~OODLITYI COLIILUI l? AL 4001 ?J~I~! ?IAIL ~ORTH P300 FOR OFFICIAL USE ONLY SPECIAL WARRANTY DEED THIS INDENTURE, made this 2'~(~/ day of January, 2000, between Kenneth M. Bloom and Wayne H. Sykes, individually and as Trustees (collectively the "Grantors"), and PR VII, L.L.C., an Indiana limited liability company (the "Grantee") whose mailing address is 77 West Wacker Drive, Suite 4200, Chicago, Illinois 60601. WITNESSETH: That the said Grantors, for and in consideration of the sum of TEN DOLLARS ($I0.00) and other valuable consideration to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, and sells to the said Grantee, Grantee's heirs, successors and assigns forever, the following described land, situate and being in the County of Collier, State of Florida, to wit: (Parcel l) The East ~ of the West ½ of thc Southeast ¼ of the Southeast ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Pas~el 2) The East ½ of the Southeast % of the Southeast ¼ of Sectkm 30, Town~p 48 South, Range 26 East, Collier County, Florida. Prop(l'ty ID Nmbe3:eOlY?32~oe4 (Parcel 1) ooi)'/~oNi (Ptrcel 2) X cxtcm of thc assets of die Trust of which rbcy arc trustccs. comigoou~tothehomestcadofthegrmt~. Neither Grantor mainmim his ~ in C lief ~:~%x~¥~ WARRANTY DEED 2589446 OR: 2637 PG: 2857 I~I~D il OH:Cig llCOIll o! C'Of, i, Zll ¢ogITT, O:UOJ/2111 l: OI:OlPI ~Z(~' I. IlOCl, CLlll COil iZ37SO.OI Rets: ~o~[~1'rJ ~LIILU rT A~, THIS WARRANTY DEED. is made this ~V'~y of Januazy. 2000. betw~fl WILLIAM L. HOOVER. a married ma~, and DAVID RYNDERS an un~an-~ed man. Gr;mtor. who~ post offic~ ~4Are~s is 3785-B Airport Road North. Naples, Florida 34105. and PR VII, LLC.. an Inclian~ limited li~billty compm~y, Gran~. who~ po~! o~c~ ~ is 77 Wml W~-r Drip. Suite 4200, Chicago. lllino~. 60601. The Grantor. in consideration oft. he sum of ~ AND NO/lO0 DOLL~C5 ($10.00) and other good ~ valuable comide~Uons to ~id Grantor in hand pakl by thc Gr-ant~-~. the receipt o£ which is ~ acknowled~, h~v~ granted, barg~ned And sokl to the mid Gr'ant~-~ And Gr'ante~' suctessors and assigns fo,~-v~r, the following ~b~ property., situated, lying And being in Collier County. Florida. to Th~ West 1/2 of the West !/2 of the South~ut !/4 of thc Southeast 1/4 of Section 30, Township 48 South. Range 26 Erst, Collier County, Horida, less ~nd erxcept those lands conv~y~ in O.R. Book ~26, Pag~ 77, Public Pecords of Collier County. Floridn. Parcel ID ,: 001974"0009 SUBJECT TO:. (a) ~ property ad valorem taxes accruing subs~luent to Dectmber 31. I~; (b) zoning, building code And other use tesL, ictions imposed by governmental autho~ty; And (c) oil. gas And mineral in,rests oir record, if any The abov~ t~ft. renced nm] [n'operty is not the horne~tead of William L Hcx~ver or David Ry'nders nor the re~ct~'~ of any. member of their rtspecdve families, nor i. it contJguom thereto. IN WITNESS WHEREOF. Grantor has ~xecuted and delivered this warranty deed the day and year tim above written. WIILIAM L HOOVER WAI~RANTY DEED 258945! OR: 263? PG: 2864 ~S 1lH52.00 ~-.70 1134.00 THIS WARRANt' DEED, is m~e this~_~ day of Janu.vy. 2000, between JAMES M. SMITH ~d ALLIE REBECCA SMITH, husband u~l wife, whose post offi~ ~ld~ is 12829 West Foss Grove Pa'uh, Inglis, Florida 34449 a.',xJ ~ VT1, LL.C.,, an lndilma limited li&bility comp&ny, Grantee, whose post office address is 77 West Wacker Drive, Suite 4200, Chios, Illinois, 60601. The Grantor. in consid~tion of the sun of TEN AND NO/100 DOLLARS ($10.00) and other ~ u~d valuable considc~tiom to s~id Grantor in hand paid by the Grantee, the r~'c~ipt of which is h-Jrb,y ;u:lunowled~. h~v~ granled. ~ a~cl sold to the said Gra~te~ and Gf2ntees' successors and assiffru fore. er, the following dt~dbed property, situated, lying and being in Collier County, Florida, to That portion of ~ East 1/2 of Lhe Southw~_st 1/4 of the Southeast !/4 of Sect. ion 30, Toxin,lOp 48 So.h, R~n~ 26 F.~st, Collier County, Florida, lying F~st of pm~el 129 (I-75 Ri~ht-of.W~) ~ d~ibed in O.R. Book 986, Pag~ 1271, Public Reco~h of Collies, Parcel ID No.: 00199240001 IN WTTNESS WHEREOF, Grantor has execur~.d and delivered this warranty deed the day and y~r fi~t ~ w~ttcn. A:LLIE REBEICCA SMITH- STATE OF FLOI~IDA cou - JAMF~ M. SMITH ~nd ALJ. J~ REB~ SMFFH. hLuband and wife. C.z~mmi~: n N~. PERSON.M.LY ~~' OR PI~O~ IDI~VFIRCATION -- TYP~ OF IDE~(I II-ICATIOlr~ PROOUCl~D: 4001 TI,~ Tr~l I~. S4dl 300 Na~, F'T. 34103 Collier County Tax ¢ oll~ctor 2000 Tax Roll Inquiry .~ yst~m OWNER INFORIvlATION P, ROPI~TY INFORt~ATZON ......... ~ I~'"~'~ 00297480009 Acre. ~ 1~/~~/4.Las o. aM ~ ~1° L~st Updated: 1/18/01 5:0!pm http: ff~x,w, coll iertax, comFRe cordD emil. asp?F, ollolD--~019748, )O9 O GRADY Pm'cci . MINOR 941 947 0375 01/19 '01 13:05 N0.400 03/07 Page 1 of ] 2000 County Tax ~,oll;ctor Collier Tax Roll Inquiry ~yst~m OWNER INFORMATION '1 RoPE~,T¥ [NFORMAT[,. ,ON ~ w, L ~ c 1! .:~:Jiio,.o . ~d~j{' W WAC~R DR ~' 4:200 , .. VALUE/EXEM ~~ TER"~ ~ Water: '294.BS 4:l. 1.~ Vo'~ Appr: ~.69 Al>pr fee: 0.00 [ O0 Last Updated: 1/18/01 $:0!pm bttP://www'c°lliertax'c°rn/Rec°rdDct~l'asp?F°li°ID=OO197320104 PAYMENT GRADY MINOR 941 947 0375 01/23 '01 10'00 NO. 476 Collier County Tax Collector, 2000 Tax Roll Inquiry System OWNER INFORMAT/ON I Address:il77 W WACKER DR STE 4200 I PROPERT~ INFORMATION ~1ooi'97o8ooo~ ir~ ~:,112o".oo ~1482~30 4,8~630 TFLS= ~[30 48 26 E;I.~2 OF SE;I./4 OF PAY TERMS; 02/02 Page I of] PAYMENT INFO I--' ~_~ D~[m~,/oo "J I "_~:ll~s · , Mo~ill'o STATUS INFO, Non Ad Va.~[N Last Updated: 1/22/01 5:00pm ht~p://www.coiliert,mx.com/RecordDetaJLasp?FoliolD=00197080001 O GRADY Parcel NINOR 941 947 0375 01/19 '01 13:05 Collier County Tax oll ctor 2000 Tax Roll Inquiry System ] OWNER INFORMATION Nam~:JlPl~_ V'I! L L C = Addre~:l177 W WACKER DR S'rE 4200 VALUE/EXEMPTIONS Texble Value: ~{047 S~hoo{ St: Homestd Ex: Sohool I~: ~00.55 Agfldb' 0,00 IN FORMATION NO. 400 05/07 Page ] of ] Whdl Gross 'T'ax:i C~llian Ex: O0 AdvertgirKj: o.00 ROPERTY INFORMATZON ~1600G2 t 4~E,30 TR~= J 26 PAY 'ERMS OF NE1/4 OF AC i3,S0 PAYMENT INFO Last Update: 1/18/01, 5:0 pm STATUS INFO. Non Ad http://www.coUJ crtax.com/K~cordDetaiI.asp?FoliolD=00197 ] 60~ Q GRADY MLNUK NalT1e: AddreSs: Address 2000 Tax Roll InquffY Syste~ oWNER iNFORMATION )PERTY INFORMATION '4OF Page 1 of l Millage Widow Blind Veteran Ex: Wholl Ch,,lllen pTIONS Weter: PAY 668.79 ~3.91 J 82.14 :80.75 .2,67 ).00 Last Updated: 1./'1.8/01 5:0ipm PAYMENT INFO Paid Dt STATUS ,NFO. TDA: N lmtz//www.colhcrtax.com/RecordDct~l.asp?FoliolD=O019720~!001 1/19/01 Q GRADY MINOR 941 947 0375 12/18 '00 08:38 Collier County Tax 2000 Tax Roll Inquiry [lector N0.596 05/05 Pagel of] OVI~IER INFORMATION Name: VZ L L C Address: t'7 W WACKER DR ~Tf. 4200 ~d~: ~d~: IL Last Updated: 12/14/00 5:( http ://www.collicrtax. com/RccordDemil.aspTFoli°ID--'00196 $4( RETW£EN Clil'£o~:l '~derec~, TT-~,e~, as ~n e~t-a%e by the ontiretiee, The ~et 1~ of the aouth~e~ q~er of the eouch~ot q~er of ~ection 30, To~e~p ~ ~outh, ~nge 26 ~; SI:BJ~ to ~stinc re~CttOnS ~d reee~a- tiona of r~ord; and Jb~J~ to an eae~ent ~or ~bllc ~ ~ght~S-~Y over a~ ac~sa the ~st ~ feet a~ the ~h ~ fe~ thereof. ~TATg OF KLO.RIDA. COUNTY OF ~ D&DZ STATE OF IrLOKIOA, COU~VTY OIr~ DAD~ 124 ,,a 444 ~eeMl~ l, lev ~__ .~~,~-~'"-~ ~" ~ITNg~II, Y~ '~ ~ ~ at m~ ~ ~. I~ ~ ~ ~'~ mI ~* ~ .I T.n D,,t ..~ ~t u ~y ~t~. ~ ~ ~ ~ ~ ~' ~a* ~ ~' ~ ..... ...... e.f ,f ~e&t~ ~ '~-._~....em~rie&l~ aaa r~- ,.t~t-of'~7 ever ~ ~H[;r.~rlh .~%.,, ...j . .... ,,,, f .... ,,,I ,,, ,,.,,i,h.f.u,,,,,,I d,,. ,-,,,,,( T~X ~i~.*~,~ (iXO,(~;) - - - · ' '~. I L,II,, . ..... ~.,,~ .... ~,..:.,,,.::.,~,~,~..~',;,,?,,~,-,.~ .... , .... .~ ..,,,,,, .,..,,,~..,,~ ~,,..,,~ ~.,,,..,..,,..., ..... ,,.,., ..... .,., ,., ........ , ;,,.,,,v .I... r,l,,',l I., ,I .H,*vIr, Jrl"~ .r,,J J~mi I,, 0oll Jar (~.,,,fy, ~,,~,f. ,,, .u Tt~ w.~t hair ~r t~, ~*.t h&l~ 6( t~ ~uthe&lt qu&r~r of ~ I~**.t q,l~rtar o~ Je~t~ofl ~, Tu~.l. Ip 40 Oouth, ~ge 2~ ~,t~ Collier C~ty, ~1~4e; CUAJ~C7 to toed r~tht-o~7 o.*r .~d aQroo, t~ ~th SO ~ee~. t~reo~. j,4 C I.L.,LI'D ;UIT CO U K'T 1%,,,,I I MAMi~RII f, KOTt . -, ..' N~,,,y r,,hn,. F1 'g er Street, ;4iami, Vlor[da 'ql3,q ~Oitncssdh: ............................ ~ ........... ~"'"' ....... ' '' ........... ' ...... ~ "' ,,,,,,,.; ....... I .., ........... ; ......... ,,..,..I,,. ,,, i ...... .[,..1,,,,,I ;,,.,,.j,,...,...,r h,,- ......... Ii, ,,I ........ ..... j ........... , ......... ~ ....o,II ,h,,, .... , .... I,..,I ....... ~ .... I h.. I.. ;~-&/2 of r. he ~; L/2 o[ the Si:. 1/4 Of the SE 1/4 of SectiOn 30, To. ship 48 5outh, ~{am]c 26 East, Collier County, Florida; ten (10) acres more' ~r ]c:;~, AND; ~fhe east half of thc southeast quarter of the southeast quarter of ~ection 30, Town:ihfp 40 South, ~nge 26 East; SU~TEC'r to e~isting restrictions and reservations of record; and SUB3ECT to an easement for public road r~qht-of-way over and across the east 30 feet and the south 30 feet theruo[ ' '- t;','; ',;'~,~'~e, .':' . ~ ' ~o9eihrr ,..,,,... ,,,. , ........ ,. , ...... ~,, .... ,...~ .,,.,,., ........ ,, .... ,. ~,.~...,.,. r,, ~l,~ ~.~ t. H.!d. ,, ...... :-- ,:' ~ .... ~n~ ,~,,. ,,.,,,,~. ~ ..... ~ ......... , .... ,,~, .-.~, ...... '-- '~'-' '~ ........ ,o, ,. ~,,,,.I,,~ .... ,:,.~ .~ ,,,,,~ ~.,,,,~ ,, ..... h,, I,,.,,,I,~ I.,ll~ ,,.....1~ I~ IIII. I ..... ,,I 4,,,,I .,,.I ..ill ,I,,I..,~,l d,~ .- ..... . ...... ~ d,. l...(,,I Schwartz and Robert COLJ ~?.;': LOUHT ¥ This lndcnture, ,.~.,.h.n.. 4th .! .... ~ .',.,:~:::t JOSEPII VA~U and EVELYN g. VA~U, hi~ ~'i[c ,,f mt,,. C',,un~y ,,~ P.alm B~nch ~.,,., ..m ~]oridn ' '"":'"' DELI, E. COOK, TRUSTEE, ~ilneSs~lh ~s.d ~,,,~ ,:,~m,,,. ~.~ .,:,.I ............'~.-,,'" ''s d ..... ,-,. '~(:~ nnd xn/I nO ........ I' ..................... (~n.~(I) ............................... ~g ~he North ho~ of Li~e En~t hnlf of the Nol'Lh.)~st qu;,rt~l' nf 'tt ~hO Sou~h~asL qgili'L~;' fl~ ~~ffti~ ~fl, ~n'~it' ~ So~lth, restrictions and rns,,rvnt ions of record; SU~ECT cascmcnt for public road right-of-way over ~nd nc~'o~;s the North 30 feet there, of nnd the East 30 feet thereof; SU~ECT TO taxes for l'Jg9 nnd subsequent years. TIlE ABOVE ~ROPI-]RTY ]9 ',':',~'A::T LA?:I~ A)2D NOT ...~ ' TIlE GRA?:TORS ~.:HO I~E:;:D}< AT 356 EAST I,AKEI<OOD ROAD, ~T^I'I: k d' NotCh Cnrolinn 9414986896 04/23 '99 09' 54 NO. 358 01/02 ~U, ~IU~ r, 1/~ YL,A$$IC TITLE .. Nerrt~t Zelend, FL 3Z954-0037 (407) 459-0088 GRANTOR: GRANTEE: JOETTE HENRY end STEPHEN P. HENRY TRUSTEES UNOER TRUST AGREEI4ENT DATED JULY 10, 7344 E, ROSE'LANE $COTTSOALE, ARIZONA 8525e dC~T~E HL~IRY and STEPHEN P. HENRY '~STEES O~E F~ZLY TRUST ~R ~ST X~ 7344 E. ~SE GRANTEES FEDERAL IDENTIFICATZON NUNBER&: DATE: K~CEXB~C___, ~ ~a~,,m_--~,. %% , 1995, PROPERTY APPRAISER'S PARCEL IDENTIFICATION N/,,IHB~R: L~L OE~ZPTZ~ OF P~E~ L~ATED ~N COLLIER ~, The EaSt 1/~ of ~e ~u~heat~ 1/4 of No~eaet 1/4 of ~c[~o~ 30, T~nehi~ ~ Sou~h, Range Z6 EelS, Colller ~un~y~ Fl0r~. ~ ex~e:ing reservations end reelections thereof me aO~M ;saint for hi~ly r~gh~ Of or~glnel truer ameetm b~tween the l~rltal Trust and Fmmtly Trum~ as i~ required to be dorm by the ortgt~al Trust Agreement upOn ~J~ death ~ the ~ttlor. There ~s no conlt~erltton ~tng enc~red by any ~ ~rlntor, for and ~n ¢~f~erat~on of :ne e~ Of TEN ~td by ~e e~a~t~, ~$ rece~m~ o~ ~ich tm Grantor'e rtght, ~%le. interest, clatm of the qrent~0e t~y have tn t~ a~ve de. riCO land. M~F~4~A ITEM ')~r~4 ~AR 13 ,.uu! _ Q GRADY MINOR 941 947 0375 02/21 '01 11:40 N0.511 02/02 Q. GRAD¥ MINOR & ASSOCIATES, P.A. November 3, 2000 D. WAYI~I ARNOLD,,. TI-IOM A.~ ~, Mr. Norm Fed~r Collier County Transportation Dept 3301 E, Tamiami Tz-~il Napl~s, FL 34112 Tarpon Bay Vae~io~ of Public ~t I~-tter of No Objection Wc arc in thc process of var. ating ~s cascmcnts thai havc be~m d~di~tied for public use al the above referenced project~ This property is currently vacatz, wooded land th~ is soon to be plated and developed into a residential community, The eascme~ wer~ ~d to allow access to the various ~ l:mrcels lt~ are now going ~o be one parcel under one ownership. Aoc~ss m the project will be fl~rough the projecVs road network. Collier CouaIy is requesting a I~ of no objection from your company/d~rne~ Please review the ~ survey. If you have ~ny questions, please csll me. Otherwise, ples.se remm ~ le~__~ ~ me with your signature below. Th_s_nk you for your _~.~ance wi~ ~his maIIer. We would appreciate your proml~ response. Very Michael ii. Delay, P.E. MID\ E,',closure ~,tQ ~~.~y~JOB',.TAI~,I~I~d~ J .D~I O0 B.J LET, ~l oe (941) 94~W 144 · FAX (941) 947-037S - E-Mail: e~gineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 _;RADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners November 3, 2000 NOV 0 ,RECEIVED D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M- ALAN V. ROSEMAN Mr. John Houldsworth Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples, FL 34104 Tarpon Bay Vacation of Public Easement Letter of No Objection Dear Mr. Houldsworth: We are in the process of vacating access easements that have been dedicated for public use at the above referenced project. This property is currently vacate, wooded land that is soon to be platted and developed into a residential community. The easements were intended to allow access to the various land parcels that are now going to be one parcel under one ownership. Access to the project will be through the project's road network. Collier County is requesting a letter of no objection from ),our company/department. Please review the attached survey. If you have any questions, please call me. Otherwise, please return this letter to me with your signature below. Thank you for your assistance vdth this matter. We would appreciate your prompt response. VeD' truly yours, Michael J. Delate, P.E. MJD\ Enclosure I have. no objection to the proposed vacation. ~X ~(~2 ~~b~ Date:_ \\QGM i\SYSUOB\TARPON\MJD\NOOBJ LET'd°c (941) 947-1144 "FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: 19411 732-2526 November 9, 2000 Q Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 Re: Tarpon Bay S30, TS 48s, RCi 26e Dear Mr. Deiate: The Collier Count)' Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of any' Utility Easements. You request to vacate the roads has been fom'arded to our Transportation Department. Should you have any further questions, please feel flee to contact me. Sincerely, Lisa Taylor Engineering Technician I CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Sur~'eyor, Community Development g:\dianeXeasement vacation\tarpon bay.doc Q. GRADY MINOR & ASSOCIATES, P.A. En ' eers · Land Surve ors · Planners Civil gm ~ · Lancl ~urve or.~ - r ~,~, .... Q. GRADY MINOR, P.E. MARK W. MINOR, P.IL C. 12~AN 5MITI4, P.E. DAVID W- $Ci-IMITT, P.E. Ms. John Boldt, P.E., P.L.S. Collie, County Water Management Bldg. H 3301 E. Tamiami Trail Naples, FL 34112 Tarpon Bay Vacation of Public Easement Letter of No Objection November 3, 2000 WAYNE ARNULD, A.1.C.P. m~C v. SA~qDOV^L, Dear Mr. Boldt: We are in the process of vacating access easements that have been dedicated for public use at the above referenced project. This property is cm-rently vacate, wooded land that is soon to be platted and developed inn a residential community. The easeaments were intended to allow access to the various land parcels that are now going to be one parcel under one ownership. Access lo the project will be through the project's road network. Collier County is requesting a letter of no objection from your company/de'parmaent. Please review the attached survey. If you have any questions, please call me. Otherwise, please remm tiffs letter to me with your signature below. Thank you for your assistance with this matter. We would appreciate your prompt response, Very truly yours, Michael J. Delate, P.E. MJD\ Enclosure I have no objection to the proposed vacation. Date: ~\Q GM '1 '.,S yS~JOB',TAR P 0 N',MJI:::~NO O B J LE3'.doc (941) 947-114~ · FAX (941) 947-0'375 · E-Mail: emgineering~gTadyminor.com 3800 Via Del Rey · Bonita Sprb~gs, Flor/da 34134 1::1:31 26430 Old Us 41 Bonita Springs, Florida 34135 Fax: 1-941-947-7345 November 8, 2000 Q. Grady Minor & Associates, P.A. Mr. Michael J. Delate, P.E. 3800 Via Del Fley Bonita Springs, Florida 34134 Re: Vacation of Public Easements @ Tarpon Bay - Naples Florida Dear Mr. Delate: In reply to your recent request, FPL Company has no objection to the vacation of the public right-of-ways as indicated on your boundary survey dated July 2000, C1092-2 within the Tarpon Bay property. If you have any questions regarding this matter, please contact me at 941-947-7361. Jim Mernam Senior Distribution Designer cc:file an FPL Grou~ Company Sprint November 8, 2000 Mr. Michael J. Delate Q. Grady Minor & Associates, P.A. ~ 0 ~80 Via Del Rey Bonita Springs, Florida 34134 po,, [Sax' - %'aca(ioa oJ basct~lcl~t Dear Mr. Delate: In response to your letter dated November 3. 2000, regarding the vacation of access easements dedicated for public use at the above referenced project, this is to advise that Sprint-Florida. Inc. has no objection to the abandonment of said easements. If x~e can provide additional information, please contact me at 263-6216. Sincerely. AHZ/jxv Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Mr. Gene Howell Media One P.O. Box 413018 Naples, FL 34113-3018 November 3, 2000 t 6 2300 D. WAYNE ARNOLD, A.I.C' ERIC V. SANDOVAL, P.S& THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN Tarpon Bay Vacation of Public Easement Letter of No Objection Dear Mr. Howell: We are in the process of vacating access easements that have been dedicated for public use at the above referenced project. This property is currently vacate, wooded land that is soon to be platted and developed into a residential communi~'. The easements were intended to allow access to the various land parcels that are now going to be one parcel under one ownership. Access to the project will be through the project's road network. Collier County is requesting a letter of no objection from your company/department. Please review the attached survey. If you have any questions, please call me. Otherwise, please return this letter to me with your signature below. Thank you for your assistance x~4th this matter. We would appreciate your prompt response. Very. truly yours, Michael J. Delate, P.E. MJD\ Enclosure I have no objection to the proposed vacation. \\QGM I\SYS~JOB\TARPON\MJD\NOOBJLET.doc (941) 94%1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT O} "NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE TWO-A" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Naples Heritage Golf & Country Club Phase Two-A" CONSIDERATIONS: On December 15, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase Two-A". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 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 and drainage improvements will be maintained by the project's homeowners association. The Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget.- GROWTH MANAGEMENT IMPACT: None AC..~A MAF 13 2001 Executive Summary Naples Heritage Golf & Country Club Phase Two-A Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase Two-A" 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: Jo~n R. H~ul~swor[h, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. /~Engineering Review Manager bert Mulhere, AI'CP ~ Planning Services Department Director Date Date' ' APPROVED BY: oonn ~. Dunnuck III, Interim Administrator Commurlity Dev. and Environmental Svcs. Date j rh AGENDA ITEM MA 13 2001 VICINITY MAP MAil 1~ 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57 58 59 6o RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPT?2qCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE TWO-A, 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. '¢,TIEREAS, the Board of County Commissioners of Collier County, Florida, on March 25, 1997 approved the plat of Naples Heritage Golf& Country Club Phase Two- A 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 requested final acceptance of the roadway, drainage, xvater 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 Naples Heritage Golf& Counn3, Club Phase Two-A, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept 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, PHD., CHAIR,MAN Approved as to form and legal 'ffi ie cv' Patrick G. White Assistant Collier County Attorney ACi~-/~ A ITEM MAR 13 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE TWO-B" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Naples Heritage Golf & Country Club Phase Two-B" CONSIDERATIONS: On December 15, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase Two-B". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with 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 and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained 'by the County's Utility Department through their operation and maintenance budget.- GROWTH MANAGEMENT IMPACT: None ,AR i 3 2001 Executive Summary Naples Heritage Golf & Country Club Phase Two-B Page 2 RECOMMENDAT I ON: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase Two-B" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. P E PARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: ,~Thomas E. Kuck, P.E. /~ngineerin~ Review Manager ~Rob~rt Mul~ere, AICP Planning Services Department Director Date APPROVED BY: John Mi Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh VICINITY MAP ~AR 13 2001 1 2 3 4 5 6 7 8 9 !0 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 5a 55 '57 58 59 60 RESOLUTION NO. 01-__ RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN NAPLES HERITAGE GOLF & COLVNTRY CLUB PHASE TWO-B, RELEASE OF THE MAINTENANCE SECURITY. AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAIN'ED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 24, 1997 approved the plat of Naples Heritage Golf & Country Club Phase Two-B for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, wat'er 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 X,~,q-IEREAS, the developer has no~v requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and ~q-IEREAS, 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 Naples Heritage Golf& CountD' Club Phase Two-B, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept 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, PHD., CHAIRMAN Approved as to form and legal S -' Patrick O. White Assistant Collier County Attorney ! EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that,subdivision known as "Naples Heritage Golf & Country Club Phase One" CONSIDERATIONS: On December 4, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase One". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with 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 and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained 'by the County's Utility Department through their operation and maintenance budget.' GROWTH MANAGEMENT IMPACT: None A~A ITEM Executive Summary Naples Heritage Golf & Country Club Phase One Page 2 RECOMMENDATION: That the Board of County Commissioners gz~nt final acceptance of the roadway, drainage, water and sewer improvements in "Naples Heritage Golf & Country Club Phase 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 Date REVIEWED BY: Thomas E. Kuck, P.E. ~ngineering Review Manager Planning Services Department Director Date Date APPROVED BY: John~. Dunn~k III, Interim Administrator CommUnity Dev. and Environmental Svcs. Date j rh AC_.~.NDA ITEM 13 2001 ViCiNITY MAP ~....? '1 3 2001 ! 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3! 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 53 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE 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 April 16, 1996 approved the plat of Naples Heritage Golf& Country, Club Phase One for recording; and '¢,q-IEREAS, 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 '~q-IEREAS, the developer has now requested 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 Naples Heritage Golf & Country Club Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept 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, PHD., CHAIRMAN Approved as to form and leeal Patrick G. White Assistant Collier County Attorney EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT l-A" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat l-A" CONSIDERATIONS: On March 18, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat 1-A". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 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 and drainage improvements will be maintained by the project's homeowners association. Funds for the routine maintenance and upkeep of the water and sewer improvements will come from the Operations and Maintenance budget of the Utilities Division. GROWTH MANAGEMENT IMPACT: None MAR13 2001 Executive Summary Pelican Strand Replat 1-A Page 2 RECOM~4ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat l-A" 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, Engineering Review Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. iEngineering Review Manager Planning Services Department Director APPROVED BY: John .~. Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date ! ) ~ '2 / Date j rh MAR13 2001 ~/JLI ~NGSTO~ ~/W SITE 4MOKALEE W~LLOUGHB' ROAD ~GARD£NS CENTER BRENTWOOD PLAT BOOK VICINITY MAP NOT T T'~l~ TO SCALE AGENDA ITEM MAP, 13 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 !9 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 3,4 35 36 37 38 39 40 41 42 43 44 45 46 ,47 48 49 50 51 52 53 54 55 56 '57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORiZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN' PELICAN STRAND REPLAT 1 -A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROAD\VAY, DRAINAGE . WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOV~q'qERS ASSOCIATION. \kq-IEREAS, the Board of County Commissioners of Collier County, Florida, on Jtme 24.1997 approved the plat of Pelican Strand Replat I-A for recording: and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance wilh 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 requested final acceptance of the roadx~ay, 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 COU%'TY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat I-A. and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept tl~e future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements thal 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, FLOR1DA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufqciency: Pamck G. \Vhite Assistant Collier County Attorney I3 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CANDLEWOOD THREE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Candlewood Three" CONSIDERATIONS: On October 8, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Candlewood Three" o The roadway, drainage, water, and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 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 Will be maintained by the County Utilities Division and the Transportation Services' Division through their operation and maintenance budgets. GROWTH MANAGEMENT IMPACT: None MAR !:~ 2001 Executive Summary Candlewood Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Candlwood Three" 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 Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R~er~t Mulhere, / AICP Planning Services Department Director Date Date APPROVED BY: J~n M. Dunnuck III, Interim Administrator ~.Qommunity Dev. and Environmental Svcs. Date j rh MAP, t3 2001 9 10 11 12 13 1,4 15 16 17 18 '19 2O 2~ 22 23 2,4 25 26 27 28 29 3O 3~ 32 33 34. 35 36 37 38 39 ,41 ,42 ,43 ,45 ,46 47 4B 49 5O 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 0l- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER ANT) SEWER IMPROVEMENTS IN CANT)LEWOOD THREE, RELEASE OF THE MAINTENANCE SECURITY, ANT) ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINrED BY THE HOMEOV~'NERS ASSOCIATION. '¢,q-IEREAS, the Board of County Commissioners of Collier County, Florida, on June 22, 1999 approved the plat of Candlewood Three for recording; and Vvq-IEREAS, 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 requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and V,,2-IEREAS, the Compliance Sen'ices 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 Candlewood Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County' accept 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, PHD., CHAIRMAN Approved as to form and legal SUfficiency: Patrick G. White Assistant Collier County Attorney A G~_.NDA i'F~ HAR'I 3 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "MARKER LAKE VILLAS" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Marker Lake Villas" CONSIDERATIONS: On January 29, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Marker Lake Villas". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 0 The required improvements have been constructed in accordance with 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 and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements ..will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AG~A ITt_h~ ~ MAR 1 200t Executive Summary Marker Lake Villas Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Marker Lake Villas" 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 Date REVIEWED BY: Thomas E. ~uck; P.E. Engineering Review Manager Date R~here, AICP Planning Services Department Director Date APPROVED BY: John M~JDUnnUck III, Interim Administrator Community Dev. and Environmental Svcs. ., I Date j rh A~A ITLM MAR 13 2001 LOCATION MAP NOT TO SCALE AC~cJg~A It L.~ MAR !3 2001 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 ) ol 32 33 34 35 36 37 38 39 4o 41 42 43 4,4 45 46 47 48 49 5o 51 52 53 54 55 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FEN'AL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN MARKER LAKE VILLAS, RELEASE OF THE MAEN'TENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE WATER ANT) SEW,'ER IMPROVEMENTS. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE MAINTArNED BY THE HOMEOWNERS AS SOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 17, 1998 approved the plat of Marker Lake Villas for recording; and %q-IEREAS, 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' requested 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 SeN'ices 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 Marker Lake Villas, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORI~.~RED that the County accept the future maintenance and other attendant costs for the water and sewer improvements. The roadway and drainage improvements will be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: D~,qGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approvetd as to,form and legal s~}~y: ~l 59 Patrick G. White 60 Assistant Collier County Attorney MAR 13 2001 EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISlONERS APPROVE A BUDGET AMENDMENT TO THE URBAN IMPROVEMENT GRANTS ACCOUNT DUE TO NON-RECEIPT OF ANTICIPATED GRANT MONIES, OBJECTIVE: To have the Board of County Commissioners approve a budget amendment from the Urban Improvement Grants account due to non-receipt of anticipated grant monies. CONSIDERATION: On May 23. 201)0, the Board of County Commissioners approved submission of an application to the Department of Community Affairs (DCA) tbr a Community Development Block Grant under the Neighborhood Revitalization category to assist with sanitary sewer, water, and streets and turn land construction for the Habitat for Humanity, Inc. PUD at Victoria Falls. Collier Count3' was ultimately not awarded the grant due to depleted DCA funding resources. FISCAL IMPACT: A budget amendment will be needed to un-appropriate funds in the amount of $750.000 in the Urban hnprovement Grants fi]nd ] 21. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the budget amendment for the Urban Improvement Grants account due to non-receipt of anticipated grant monies. SUBMITTED BY: ,.~_~,~. L.~_-A~>.-., Date: ; Susan E. Alden ~ / HUI Manager ~ G~ali~, Director~ ~o~d Ur~ t~vement APPROVED BY: ~~~ Date' ~/b' Jo~n ~Dunnuck III. Interim Adnfinistrator C~munitv Development & Environmental Services _ AGENDA ITEM fl-- ,' EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISIONERS APPROVE A BUDGET AMENDMENT TO THE URBAN IMPROVEMENT GRANTS ACCOUNT DUE TO NON-RECEIPT OF ANTICIPATED GRANT MONIES. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment from the Urban hnprovement Grants account due to non-receipt of anticipated grant monies. CONSIDERATION: On March 28. 2000. the Board of County Commissioners approved submission of an application to the Department of Community Affairs (DCA i Ibr a Community Development Block Grant under the Economic Development category to assist with sanitary sewer, water, and streets and turn lane construction for the Harvest for Humanity site in Immokalee. Harvest tbr Humanity. Inc. failed lo sign the Participating Party Agreement and Collier County withdrew its application. FISCAL IMPACT: A budget amendment will be needed to un-appropriate funds in the amount of $35{).000 in the Urban Improvement Grants fund 121. GROXVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the budget amendment lbr the Urban Improvement Grants account due to non-receipt of anticipated grant monies. SUBMITTED BY: .~~~ ~--.~-~.,~.~ Date: ~< ~/o/ Susan E. Alden < HUI Manager REVIEWED BY: ~~ Greg ~halic~irector  o~s~g~d Urb~ improvement APPROVED BY: ~ ~,~ Date: phn M. Dunnuck III. Interim Administrator ~ommunity I)evelopment & Environmental Services AGENDA ITEM NO. .~ /" ~ .~, //.,~ / EXECUTIVE SUMMARY APPROVE A CONTRCT WITH MITIGATION CREDIT SALES MITIGATION BANKS AS LOW BIDDER FOR THE LIVINGSTON ROAD PROJECT V~:ETLAND IMPACTS, COLLIER COUNTY PROJECT NO. 60071. OBJECTIVE: Obtain Board's approval of Mitigation Credit Sales as the low bidder for the wetland impacts that occurred on site at the Livingston Road Phase II project. To authorize payment for the use of the Big Cypress Mitigation Bank and Panther Island Mitigation Bank credits in satisfying the South Florida Water Management District and the U.S. Army Corps of Engineers permit applications. CONSIDERATIONS: On January 30, 2001 the County requested proposals (BID #01-3203) from finns that are interested in providing Mitigation Credits to be used by the County to satis~~ the South Florida Water Management District and U.S. Army Corps of Engineers permit application. Nineteen notices were sent out and one finn responded by February t4, 2001, which was the due date. The one firm was selected because the cost was within the normal range for a mitigation bank. The Project Manager of the Livingston Road Phase II project, made the selection. The Credits will be spli{ between Big Cypress Mitigation Bank and iPanther Island Mitigation Bank, with 11.5 credits coming from Big Cypress and 11.5 credits from Panther Island. The credits are needed to satisfy wetland impacts that will occur during construction of Livingston Road Phase II. The South Florida Water Management District and the U.S. Army Corps of Engineers have approved of both banks being used for the impacts. Buying mitigation credits off site would be much more cost effective and no future maintenance would be required. The estimated cost of this contract is $805~000 for 23 credits needed to satisfy the permit application. FISCAL IMPACT: Funds in the amount of $805,000 is available in the Gas Tax Fund within the Livingston Road Phase II. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Bid's selection. (2) Authorize staff to begin Contract negotiations with Mitigation Credit Sales. (3) Authorize the Chairman to execute the forthcoming negotiated County Attorney Approved Standard PSA. A(~ ITEM SUBMITTED BY: Dick Hartwell, Project Manager I1 TE&CM Department REVIEWED BY: ~ 'htch Riley, P.E., Senior Projed Manager TE&CM Department Date: REVIEWED BY: Steve Miller, P.E., Director TE & CM Department Date: APPROVED BY: Norman Feder, Transportation Administrator Date: MAR 1 3 200t EXECUTIVE SUMMARY APPROVE COMMITTEE · SELECTION OF FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR VARIOUS CAPITAL IMPROVEMENT ROADWAY PROJECTS 1N COLLIER COUNTY. OBJECTIVE: Obtain Board's approval of Committee's selection of firms for Construction Engineering Inspections Services, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: Because of the aggressive schedule requirements for upcoming Collier County Road Projects, it was determined by staff to be in the best interests of the County to combine Construction Engineering and Inspection Services for future projects under one Request for Proposal. The Scope of Services (attached) includes the eight known projects as well as other road projects on an as-needed basis. The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on December 7, 2000. Notices were sent to 141 finns with 24 vendors requesting full packages. Twelve(12) responses were received by the due date of January, 5, 2001. A Selection Committee was held on February 9, 2001 and after review and discussion; by consensus of the members, the following 9 finns (in no order of ranking) were recommended for award: 1. Consul-Tech Engineering 6. HDR Construction Control 2. PBS & J 7. KCCS 3. WilsonMiller 8. Johnson Eng. 4. Hole Montes 9. Barraco & Assoc. 5. AIM Engineering Purchasing Policy Section VII 3 provides for (a) specifically identifying each project in the public notice and (b) limiting the initial contract amount limits to $3,000,000 (b). Since the projects were specifically identified in the RFP and because services will be ordered from firms based on the specific project requirements as determined by the specific Project Manager (along with the Senior Project Manager and the Department Director), staff requests a waiver of the referenced sections and authorizing a maximum initial contract limit amount of $5,000,000 per Section XIV.C of the Purchasing Policy.. The RFP Scope of Services specifically states "the County shall order services as required but makes no guarantee as to the quantity, number, type or distribution of services that will be ordered or required by this contract." thereby allowing equal opportunity for all firms under contract. '~ AGEND~ iTE~ ' NO.__~./?~,,_~-. MAR 1 3 2001 pg. FISCAL IMPACT: The funding for each work order that is assigned under the approved ,~" contracts will come from each user department. GROWTH MANAGEMENT IMPACT: N.A. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Conunittee's selection of firms and the recommended $5,000,000 maximum initial contract amount per firm. (2) Authorize staff to begin Contract negotiations for projects as advertised for the Board's approval. (3) Authorize the Chairman to execute the forthcoming negotiated County Attorney Approved Standard PSA. SUBMITTED BY: Mitch Riley, P.E., Senior Project Manager TE&CM Department REVIEWED BY' Steve Camell, Director Purchasing/General Ser~'ices Department Date: REVIEWED BY REVIEWED BY: Steve Miller, P.E., Director TE&CM Department Nofi'na/n Feder, Transportation Administrator Date: Date: AGE~D~A~-~ MAR 13 2001 CONSTRUCTION ENGINEERING INSPECTION (CED SCOPE OF SERVICES The Collier County Transportation Engineering and Construction Management Department is requesting a listing of qualifications and statement of interest from qualified firms capable of providing construction engineering inspection services for the upcoming roadway construction projects. These projects are located in various parts of Collier County and differ in lengths and typical section. Construction projects will include (but not limited to); installation of storm drain structures & ponds, underground utility relocation/installation, signalizations, street lighting, signing and marking, and related intersection and local roadway improvements adjacent to the project. The selected party ',;'ill work with the County's project manager and any assigned county inspection staff to ensure that the roadway project and related improvements are constructed in accordance with the project specifications, will assist in preparation of progress payment quantities, and change orders, provide timely material testing sen'ices using properly trainecVcertified technicians and laboratoo' facilities, and maintain a complete log of all construction activities on the job site (e.g. proctors, density and other testing results, work crews, work tasks, weather conditions, work time, visitors, observed problems, etc.). Materials testing and services shall be performed in accordance with established professional standards for tests and services as identified in F.D.O.T. Standard Specifications for Road and Bridge Construction. Following is a representative list of upcoming road projects. The services required by this RFP may include but not be limited to these projects. Additional projects may be added as required for the duration of this contract. Project #60134 · Project # 60018 · Project # 66042 · Project # 65041 · Project # 62071 · Project#62081 · Project # 60027 · Project#63051 Goodlette-Frank Road (Pine Ridge to VBR) hnmokalee Road (C.R. 951 to 43rd Ave) Immokalee Road (U.S. 41 to 1-75) Livingston Road Phase IV (Immokalee Rd to Lee County Line) Livingston Road Phase III (Pine Ridge Rd to hnmokalee Rd) Santa Barbara (Davis Blvd to Pine Ridge Rd) Golden Gate Parkway (Airport Rd to Santa Barbara) Vanderbilt Beach Road (Airport to C.R. 951) The services required by this contract shall include but not be limited to the services described above. The County shall order services as required but makes no guarantee as to the quantity, number, type, or distribution of services that will be ordered or required by this contract. pg. EXECUTIVE SUMMARY APPROVE THE WELLFIELD AGREEMENT BETWEEN ALBERTSON'S, INC. AND COLLIER COUNTY WATER-SEWER DISTRICT, PROJECT No. 74039 OBJECTIVE: To accommodate the installation of a fuel center at the proposed Albertson's food store located within the vicinity of Livingston Road and Immokalee Road. CONSIDERATIONS: The County requires, as a part of the site development plan, that Albertson's proposed food store and fuel center locate their underground fuel tanks five hundred (500) feet from the Collier County Water-Sewer District's existing well. Albertson's agrees to pay the District an amount of $45,000 to relocate the existing well and for the District to forfeit use of a portion of the wellfield for new well(s). The District will retain unrestricted access to the relocated well and has the right to install a twenty-inch PVC sleeve and two four inch conduits under the proposed entrance drive. Staff anticipates additional expenses due to the relocation of the new well and for additional improvements. FISCAL IMPACT: A budget amendment is required to recognize unanticipated revenues generated from this agreement and increase project appropriations in the amount of $45,000. The source of funds is a private contribution from Albertson's, Inc. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve and authorize the chairman to execute the agreement with Albertson's Inc., record the agreement in the Public Records of Collier County and approve the necessary budget amendment. PREPARED BY: Ann Mari~'Saylor, Admifiistrative Assistant Date REVIEWED BY: REVIEWED BY: Alicia Abbott, Project Manager II Jame~ V. Mudd, Public Utilities Administrator Date Date MAR 200} Biff Godfrey, Esquire Bogin, Nlunns & Munns 250 N. Orange Avenue Orlando, Florida 32802 Albertson's Store #4479 Imrnokalee & Livingston Naples, Florida WELLFIELD AGREEMENT THIS AGREEMENT. Is made and entered into this day of · 2001 by and between t_he COLLIER COUNTY WATER-SEW-ER DISTRICT, with its principal place of business at 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "District"), and ALBERTSON'S, II~C., w/th its principal address at 250 Parkcenter Boulevard, Boise, ID 83706 (hereinafter referred to as "Albertson's"). RECITALS WHER3EAS, Albertson's is in the process of perrmrang a food store and fuel center on property adjacent to the Collier County Water-Sewer District well field property located in the western quarter of Section 19, Township 48, Range 26 East, Collier County, Florida. Collier County as pa~t of its Final Site Development Plan approval has required Albertson's proposed underground fuel tanks to be setback five hundred (500) feet from the District's existing well; and WHEP~AS, in order to accommodate the proposed Albertson's fuel center, District agrees to forfeit beneficial use of a portion of the District's existing well field for siting new wells. WITNESSETH The above recitals are true and correct and shall be incorporated herein. NOW, THEREFORE, it is mutually agreed as follows: 1. District shall relocate the existing well within sixty (60) days from the date of this Agreement to accommodate the proposed Albertson's food store and fuel center. The northern limit of proposed well is to be located at five hundred fifty (550) feet north of the south line of Section 19, Township 48, l~ange 26 East, Collier County, Florida, within the existing Pelican Bay Well field property as recorded in OR Book 800, Pages 1645 and 1646 of the Collier County Public l~e¢ords as shown on attached Exhibit "A". 2. In consideration of the cost to the District to relocate the existing well and forfeit use cfa portion of the wellfield for new wells, Albertson's a~,a-ees to pay and will submit to District a check in the amount of $45,000 that is made payable to "Board of Collier County Commissioners". 4. .~lbertson's acknowledges and agrees that the DistzSct has and retains an unrestricted access to the relocated well and that the Dislanct has the right to install a twenty (20) inch PVC sleeve and two four (4) inch conduits under the proposed entrance drive to be located within the Easement Area set forth in that certain Right-of-Way a.nd Utility Easement recorded in O.R. Book 2723, Page 819 of the Collier County Public Records. 5. Albertson's must deliver the subject check to the County before receiving its Certificate of Occupancy. IN WITNESS WHEREOF, the parties authorized representatives. WITixTES SES: t 0 Pr/nted Name: Printed Name: STATE OF IDAS-IO COUNTY OF ADA have affixed their signatures by their duly ALBERTSON'S: Albertson's, Inc., pBmY'~t~~'~coin V. Sharp Jr. Title: Vice Pres-" -- ~ident, Real Estale La~i~MM The foregoing instrument .... cknowledged before me this ..~|-~"¥ day of 2001, by LincoLn V. Sharp, Jr., as Vice President, Real Estate Law, of ALBERTSOI~"S, LNC., a'EY~elaware corporation, on behalf of the corporation. He is personally known to me Signature of person taking acknowledgment Name of person taking acknowledgment, typed, printed or stamped My ComrnJssion ExpLres: 0~' [q'O¢ ATTEST: DATED: Clerk of Courts DWIGHT E. BROCK, Deputy Clerk By: Appro_ved Thomas Palmer. Assis~tant Cminrv ~am~v Notary Public, State of Idaho T.l~ or ra~ ~_~ ~-~,-. ..... ..-'ko ...- .o~ o~ COLLIER COU~q,~~, AS BODY OF THE CO~TY AS EX-OFFICIO THE GOVE~G BODY OF THE COLLIER CO~TY WATER-SEWER DIST~CT. By: James Do Ca~:l:er. PhoD "°"-tL-C~-'L-- [ MAR ~3 20~ [ PG '.~ ' ~* ~: :7.:.'7z-- ~;~ EXECUTIVE SUMMARY APPROVE THE SOLE-SOURCE PURCHASE AND INSTALLATION OF ADDITIONAL ODOR MONITORS AND AN ASSOCIATED BUDGET AMENDMENT. OBJECTIVE: To gain Board of County Commissioners waiver of bid requirements and authorize the purchase of three (3) additional Jerome 631XH2S Gas Monitors (with loggers) from Arizona Instrument Corporation as a sole source purchase. These additional Jerome monitors will make all future and additional data compatible with past data as well as data currently generated by early Jerome monitors. To gain Board of County Commissioners approval for a budget amendment to fund-purchase and installation of this equipment needed to expand the Landfill Odor Monitoring Program, and implement the Odor Monitoring Plan that was prepared by Malcolm Pirnie, Inc. with public participation. CONSIDERATION: The odor monitoring program for the Naples Landfill and the surrounding community was first introduced to the Board of County Commissioners at the April 20, 1999 Solid Waste Workshop, Item 16(B)(21). Data from the first three automated monitors has been part of Collier County's odor-response program, and our reports to the Florida Department of Environmental Protection, since January 2000. These new H2S monitors are part of the expanded program recommended by consultant Malcolm Pirnie, Inc. at the January 9, 2001 Board meeting. The Jerome 631X gas monitors are still a sole-source item. In their sole-source letters (5/26/99 and 2/5/01), Arizona Instrument notes that they hold the patents and are still the sole manufacturer of the only monitors that meet the County's 1 part-per-billion specification for human-sensitivity level H2S monitoring. FISCAL IMPACT: $46,600 to be transferred from Solid Waste Reserves to Naples Landfill operating and capital funds. GROWTH MANANAGEMENT IMPACT: (N/A) RECOMMENDATION: That the Board of County Commissioners approve the purchase of these new gas monitors from Arizona Instrument Company and approve the necessary budget amendment. SUBMITTED BY:  ~~ Date: JfiJSn S. Biedenharn, Solid Waste Coordinator, Solid Waste Management Dept REVIEWED BY: ~'--~' 5~ r ~ G. George Yilmaz, Ph.D., P.E., P.H., R.EP. Director, Solid Waste Management Dept. Date: Stephe~ '~. Carnfill, Director, Purchasing Department Date: APPROVED B .~ ..... ~~ ~' ' / ~/..,---.,,,<~/ Date: Ja~6s V. Mudd, P.E., Public Utilities Administrator Public Utilities Division "° "---/Z"Cs--"~'- I MAR t 3 2C~u~ I EXECUTIVE SUMMARY APPROVE A RESOLUTION TO AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR TO EXECUTE A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of an important road improvement project. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning to widen U.S. 41 between Rattlesnake Hammock Road and Barefoot Williams Road. Collier County has underg-round water and wastewater facilities that will require relocation to accommodate the road widening project. The FDOT requires that the owners of utility facilities, located within the limits of the road- widening project, execute the FDOT's standard Utility Work Agreement. This Resolution will authorize the Public Utilities Administrator to do so. On February 13. 2001 the Board approved a work order for design of the relocations (Agenda Item 16-C-3). It is anticipated that construction will begin in April of 2001 under the annual contract for under~ound utility' construction. FISCAL IMPACT: There is no direct fiscal impact from this recommendation. Funds in the amount of $806.000 are available in project nos. 70045 and 73045 for the relocation of water and wastewater lines. Estimated construction cost is under $200,000.00 for water and under S200.000.00 for wastewater facilities. Funding source is water and wastewater user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and 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 a Resolution to authorize the Public Utilities Administrator to execute a Utility Work Agreement with the Florida Department of Transportation. PREPARED BY: //.(:~ .~ Ronald F. Dill~d. P.E.. Project Manager Public Utilities Ensnaring Depmment . (times V. Mud& Ad~nistrator Public Utilities Division R~:ffd DATE: DATE: 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2001 - A RESOLUTION TO AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR TO EXECUTE A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as 10 "the FDOT,' proposes to construct or reconstruct a transportation facility identified as US 41 11 from Rattlesnake Hammock Road to Barefoot Williams Road, State Road No. 90, hereinafter 12 referred to as "the Project;" and 13 WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the 14 Collier County Water Sewer District to execute and deliver to the FDOT the agreement identified 15 as the Utility Work Agreement. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS, AS EX-OFFiCIO THE GOVERNING BOARD OF THE COLLIER 18 COUNTY WATER SEWER DISTR1CI, that the Collier County Public Utilities Administrator is 19 hereby authorize~t to execute the attached Utility Work Agreement with the FDOT. 20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 2l County, Florida, this day of 2001. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved As To Form and Legal Sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SE'C, rER DISTRICT By: JAMES D. CARTER, Ph.D., Chairman UTILITY WORK AGREEMENT (AT UAOFis SOLE EXPENSE) Rev !0/00 Financial Project ID: 195389-1-52-01 Federal Project ID: Work Program Item No, (old): 1114161 County/Section No.' Collier (03) 010 State Job No. (old): 03010-1542 District Document No: NA THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT,Fi and COLLIER COUNTY, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US41 from Rattlesnake Hammock to Barefoot Williams, State Road No. 90, hereinafter referred to as the "Project"; and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, instaiiation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, under the law of the State of Florida. the Utility Work must be performed at the sole cost and expense the UAO; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions app!icable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the [-]ScheduleB)and the plans and specifications for the Utility Work which have been previously approved by the FDOT (the gPlansl3), said Plans being incorporated herein and made a part hereof by this reference. If the Schedule and the Plans have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, and the Schedule that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOTE]s approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at alt times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor the failure of the FDOT to identify this omission during its review of the Plans sha~l relieve the UAO of the obligation to make those Facilities part of the Utility Work. 'Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO s_hall be responsible for all costs incurred as a result of any delay to the FDOT or contractors caused by errors or omissions in the Plans or the Schedule (including location of the Facilities the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility V~ in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. All Utility Work shall be performed by UAOFls own forces or its contractor at the UAOE]s ~os~;~fl'd ~.~,~bnse. ? UTILITY WORK AGREEMENT (AT UAO~s SOLE EXPENSE) Form No, 710-010-55 Utilities Rev 10/00 The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOTBs Engineer (as that term is defined by the FDOTDs Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT~s Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT~s engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOTFis engineer as determined by the FDOT3s engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 1 a. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to allow either attachment of or separate reference to the permit). Claims Against UAO In the event the FDOT;s contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will, in accordance with the FDOTBs procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. In the event the FDOTFis contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOTE]s contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resoIves the claim against the FDOT. Out of Service Facilities No Fac[Iities shall be left in place on FDOTE}s Right of Way after the Facilities are no longer active (hereinafter r~Placed out of service/DeactivatedE]) unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of service/Deactivated: The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. bo The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of subparagraph 3. e. below. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and [egulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. do The UAO shatl keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way, The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in tll'rme~a~t t~a~TFDOT~ UTILITY WORK AGREEMENT (AT UAO~]s SOLE EXPENSE) Ferm NO. 710-013-55 Re~. 10/D0 determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement only under Section 337.403 (1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOTI'is notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO~s expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legat and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOTEs own negligence; however, it is the intent that all other costs ;- ' expenses of any nature be the responsibility of the UAO. Default In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (I) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. bo In the which (~) event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: Terminate this Agreement if the breach is material and has not been cured within 60 days from writtP-n notice thereof from the UAO. (2) Pursue any other remedies legally available. t ~ur§i~rlt. tS r'~ther Termination of this Agreement shall not relieve either party from any obligations it s UTILITY WORK AGREEMENT (AT UAOE]s SOLE EXPENSE) F~r''~ No 710-010-55 Rev. 10/O0 agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 5. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused bythe UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT,qs failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission bythe UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAOF!s obligation to indemnify, defend, and pay for the defense or at the FDOT~s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (t 4) days of receipt by the UAO of the FDOTDs notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAOFis obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAOFls inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOTF]s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not' have been avoided or overcome by the exercise of due diligence; provided that the pa~'ty cla, iming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Miscellaneous Page 4 of 6 UTILITY WORK AGREEMENT (AT UAO~s SOLE EXPENSE) Fo.'m NC 71D-010-55 The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO 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 UAO in conjunction with this Agreement. This Agreement constitutes the complete and final expression of the parties with respect to the subiect matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOTFis highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to t~e UAO upon request. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and si~all not affect the validity of the remaining provisions hereof. e. Time is of the essence in the performance of all ob[igatior~s under this Agreement. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of tr~e FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall De sent to ti~e folio-' addresses: If to the UAO: Mr. Ronald F. Dillard Coiiier Oou~t¥ Public Utilities Engineering Department 3301 East Tamiami Trail Naples, FL 33982 If to the FDOT: Mr. Walter Childs, Jr., District Utility Administrator P.O. Box 1249 Barrow, FL 33831-1249 Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto bythe UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled BChanges To Form Documentl'] and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named ,appendix but are for reference purlx~es only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled FIChanges To Form Document." Page 5 of 6 UTILITY WORK AGREEMENT (AT UAOrls SOLE EXPENSE) FOrm Nc. 710-010-55 UtiLities Rev 10/00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: COLLIER COUNTY BY: (Signature) DATE: (Typed Name: ) (Typed Title: Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review · BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) (Typed Title: ) DATE: FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: .) DATE: Page 6 of 6 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH PERFORMERS FOR THE COUNTRY JAM CONCERT Objective: That the Board of Cotinty Commissioners approve an agreement with Toby Keith for a performance at the Country Jam Concert on April 6th, & 7th, 2001. Consideration: Staff has negotiated a contract for the sum of $45.000 with Toby Keith, w'ho will headline the Country' Jam, on Saturday. April 7.2001. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation and amenities through in-kind donations. Growth Management: None Fiscal Impact: Appropriate funds are budgeted for the performers in the MSTD General Fund, Parks and Recreation Budget. Recommendation: to execute said agreement with Toby Keith in the amount of $45,000. Prepared by: That the Board of County Commissioners authorizes the Chairman Reviewed and Approved by: &James Fitzek, Operations Mana,er Department of Parks and Recreation Marla Ramsey, Director / -/ Department of Parks and Recreation Date: Reviewed and Approved by: 4 Leo Ochs, Jr., Administrator, Division of Public services Date: ® AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA {HEREIN CALLED "FEDERATION") T-2 FOR TRAVELING ENGAGEMENTS ONLY MONTEREY ARTISTS, INC. 901 18th Avenue South TALENT AGENCY Nashville, TN 37212 AGREEMENT NO. 008129 Phone (615) 321-4444 Fax (615) 321-2446 ANY AND ALL RIDERS A'I-rACHED HERETO ARE MADE A PART HEREOF CONTP~ACT NO. 19408 Agent: Bobby Cudd ARTIST: TOKECO, INC. f/s/o/ VENUE : Vineyards Community Vineyards Blvd. Naples, Florida DATES: Sat. 04/07/01 #SHOWS: 1 (75 minutes) TIMES: 8:00pm (approx.) LOCAL #: 427-721 Whenever The Term "The Loca! Union" Is Used In This Contract, It Shall Mean The Local Union Of The Federation With Jurisdiction Over The Territory In Which The Engagement Covered By This Contract Is To Be Performed. THIS CONTRACT for.the personal services of musicians on the engagement described below is made between the undersigned purcha~,er of music (herein called "Purchaser"} and the undersigned musician or musicians made this date: 0 2 / 0 7 / 2 0 0 i TOBY KEITH Park MERCHA/TDISING DEAL: 75.00% TO ARTIST * #SEATS @ PRICE ~o,ooo @ $5.oo = $5o,ooo.oo @ $.oo = $.o0 ® $.o0 = $.oo @ $.oo = $.oo 10,000 POTENTIAL: $50,000.00 TAX%: 0.0000 (/) TAX AMT: $.00 NET: $50,000.00 PRICING NOTES: TBA Artist paid Rain or Shine/ COMPENSATION: $45,000.00 Flat Guarantee/ DEPOSIT: $~ =nn nn ~ .... 92 !_~___ wire -~ M escrow - zt Wells Fargo Rznk, Czrme!, C~. ~Aff!2!OO02~9/BALANCE to artist, prior to performance, on evening of show in ~a~. mc. ne7 crdcr, er oazkiar'm check, made payable to: TOKECO, INC./ PRODUCTION: Purchaser to provide and pay for sound and lights, approved by artist./ Prod. Contact: TBA/ A~TIST TO RECEIVE IN ALL MEDIA AND MARQUEES BILLING OF: HEADLINE FESTIVAL TOBY KEITH to Close/ ADDITIONAL PROVISIONS: Radius: 100 miles 90 prior/90 after/ Buyer Fax: 941-262-2903/ Merch. Deal: 75% Artist Sells/ CONTRACT: due 02/28/200]/ On Sale dates and all promotions must be approved in adv. by Joanne Ritchey at TKO Artist Mgmt. (615)383-5017/All contracts & riders must be signed & returned without any changes, additions or deletions before tickets go on sale 1. No performance on the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. It is expressly understood by the Purchaser and the musician(s) who are parties to this contract that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 1 above and, therefore, that neither the Federation nor the Local Union shall be liable for the bedormance or breach of any provision hereof. 3. A representative of the LocaJ Union, or the Federation, shall have access to the place of engagement covered by this contract for purposes of communicating with the musician(si performing the engagement and the Purchaser. 4. The agreement 04; the musicians to perform is su~je~ to p~'oven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond tfieir control. IN WITNEsS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. D~G~T E. BROCK, Clerk BOARD OF COUNTY COi%D/i/SSIONERS COLLIER COUNTY, FLOR/DA Depuw Clerk B~ A~pproved at to £o~:mI And ieg~ suffiq~nc~ TheOrems C. P~dmer ,'\ss~sranr Count, A~orncv .Jmes Ca.er, Chaizma~ TOKECO, INC. by: T.K.O. Artist Management/T.K. Kimbrell 901 18th Avenue South I No._ X MAR 1 ~ o~ ,n~ USE ARTIST iNFOR,~TION FOR ARTIST: YEN--dE : DATES: TOKECO, iNC. f,. s/c TOBY KEiTH Vineyards Commuxizy Park Vineyards Blvd. Naples, Florida Sat 04 /nT/0~ AGENCY: Monterey Ar~isUs Bobby Cudd PHONE: 61E-321-4444 615-321-24%6 ~,L~:AGER: T.K. Kimbrel! T.K.O. Arzisu Hana~emenz PHONE: 6iS-383-E017 6i5-292-3328 RO~ PLLi{AGER: David Milam PHONE: 615-383-5017 E~{: 615-292-3328 PL~LiCIST: Sharon Ai!ex*{usur ~ress. The Brokaw Company PHONE: 615-297-8828 61=~-_~se~, -BE01 RECORD LABEL: DreamWorks PHONE: 61S-463-4600 FAX: 615-463-4601 TOBY KEITH CONTRACT RIDER INDEX 2. ADVERTISING, GENERAL PROVISIONS MERCHANDISE PUBLICITY AND PROMOTIONS 4. TICKETING/COMPS 5. PAYMENTS AND EXPENSES 6. INSURANCE 7. SECURITY 8. DRESSING ROOMS 9. PRODUCTION ROOM 10. CATERING TRANSPORTATION AND PARKING 12. MISCELLANEOUS 13. GOLF/BASKETBALL 14. TECHNICAL RIDER SOUND & LIGHT FLY DIAGRAM FLY RIDER (BACKLINE) 11. 15. OF 12/19/2000 AR 1 3/j2001 CONTACT SHEET M~XNAGEMENT: T.K. K!MBRELL (615) 383-5017 MANAGEMENT ASSISTANT: JOANNE RITCHEY (615) 383-5017 BOOKING: MONTEREY ARTISTS, INC. (615) 321-4444 (615) 321-2446 FAX TOUR MANAGER: DAVID MILAM (405) 834-7205 PRODUCTION MANAGER: BARNEY CASTRO (405) 834-7206 MERC~_A_NDISE: BILLY RA~' EDEN (405) 650-8333 PUBLICITY: THE BROKAW COMPANY SHARON ALLEN (6t5) 297-8828 (615) 297-8801 FAf{ TOBY KEITHCONTR3kCT RIDER Rider to the agreement dated 02/08/2001 between TOBY ~KEI. hereinafter referred to as "ARTIST", and ~=y=,"d~ Ccm..m'_m!tV~:r:'TH,~-I/;~~ hereinafter referred to as "PURCHASER", for the engagement at ~~,~,,u,,;tr Pa, k in Naples, FL on 04/07/2001 1. GENERAL PROVISIONS The f~llowing provisions are deemed incorporated in and an integral part of the agreement to which this rider is annexed. In all cases of conflict of interpretation or inconsistency between the provisions of this rider and terms located elsewhere in the contract, the rider terms will prevail, except as otherwise noted herein. Any changes, modifications, or waivers of these provisions are invalid unless initialed by both ARTIST and PURCHASER. A_ny contract returned with this rider altered, unattached, or unsigned without prior written consent of ARTIST may be deemed void at ARTIST's election. ARTIST has sole and exclusive artistic control over the production and presentation of the performance hereunder, including, without limitation, lighting, staging, wardrobe, material, accompaniment, and length. 2. MERCIIANDISE ARTIST shall have sole and exclusive right to sell, in and around the venue, all non-food and non-beverage merchandise of any nature, embodying Artist's (and it's individual members) names, likeness, biographicai~materials, logos, trademarks and other personality attributes and retain ~~ the receipts thereof. Any percentage splits must be approved, in writing, by TKO Artist Management at: 615- 383-5017. ~6~/_6~/~/~'~,~ C~ /~ 1~ ~/L~gJ;--~/~. There shall be no sale or distribution of phonographic records, tapes, CD's, program books, or any souvenir materials, or other items of merchandise, without Artist written consent. Additionally, inclusion of Artist's name or likeness on any event related merchandise (i.e. event shirt) either to be sold or qiven away must be approved in-writinq, in advance, by Artist. The Buyer agrees to use it's best efforts to prevent and stop the sale or distribution by any person other than Artist representative, whether inside or outside the venue, of any merchandise at the engagement at which the Artist performs without Artist's prior written consent. None of ~he above provisions are intended to prevent the opening, or following acts, fro~ being able to sell their souvenirs in and around the venue. 110 volt A~ power should be made available tf Merchandising Manager within 50' of where merchandise is being sold. ~ Five (5) 6' or 8' tables should be available per stand set up; ARTIST's discretion as to how many stands will be set up. The minimum area for each stand set up needs to be a rectangular area measuring 12' in width and 8' in length. ARTIST has the right to sell merchandise from the time doors open to the time doors close. TOBY KEITH CONTRACT RIDER PAGE 2 On multiple day events, if sellers are provided, ARTIST's merchandise must be made available for sale each day of the event if the ARTIST so chooses. Any opening act must match the ARTIST's merchandise prices. ARTIST's Merchandise Manager reserves the right to approve merchandise sold by opening acts on the show. ARTIST will use a por%abte cellular telephone operated credit card machine. If available, please allow use of a local phone line. The machine communicates by way of an 800 number and the venue will accrue no charges as a resulu. ARTIST has his own roaming glow ring, glow rose, and live rose operation. No glow products of any nature nor any live roses are allowed to be sold by anyone ether than representatives of the ARTIST in or around the venue. Representatives of ARTIST, whether members of his immediate organization or locally hired labor, will be allowed to roam the immediate confines of the venue to sell these producSs and any other of the ARTIST's merchandise. All merchandise sold al the venue is priced to include any ciny, county and state sales tax (local sales tax). Gross merchandise sales are to be defined as follows: Gross divided by (1 plus the local sales tax rate) . This number will be referred to as nhe Adjusted Gross on ARTiST's paperwork. ARTIST will pay no commissions on sales taxes collected. Sales taxes collected will be paid to the venue only if a copy of the venue's sales tax resale certificate is provided to ARTiST's merchandising manager. Ticket prices and to~al number of tickets sold must be made available to Merchandise Manager upon request. Ail inquiries concerning any aspect of this rider should be directed to ARTIST's management as follows: T.K.O. Artist Management 4219 Hilisboro Road, Suite 318 Nashville, TN 37215 (6t5) 383-5017 Attn: T.K. Kimbrell/JoAnne Ritchey 3. ADVERTISING, PUBLICITY AND PROMOTION Ail print advertising must contain the most recent photo of ARTIST as provided by The Brokaw Company or T.K.O. Artist Management. TOBY KEITH CONTRACT RIDER PAGE 3 ARTIST will receive one hundred percent (100%) headline billing in all advertising, publicity and promotion, including, but not limited to, programs, flyers, lobby boards, marquees, tickets, and newspaper, magazine and radio advertising. There will be no signs, placards, banners, commercial or political advertising material on or near the stage. PURCHASER will not represent, or permit another party to represent, that ARTIST's performance is co-promoted, sponsored, or in any way tied with any commercial product, service, radio or television station, political party or cause. No commercial, political, or any other material will be distributed at the venue prior to, during, or after ARTIST's performance. There will be no master of ceremonies or emcee on any part of the stage prior to and during the performance unless approved by T.K.©. Artist Management. There will be no announcements or speeches prior to ARTIST's performance or during any intermission. Any other artist appearing on the show will be subject tc ARTIST's prior written consent. Should any other artist be appearing wish ARTIST, ARTIST shall have one hundred percent (100%) equal access to all stage, technical and support equipment and personnel. During ARTIST's performance, ARTIST shall have the sole control of all sound and light equipment, including, without limitation, personnel and sound level. Any promotional material containin? ARTIST's name or likeness may be used by PURCHASER solely to promote the engagement hereunder and may not be sold or marketed in any way by PURCHASER. PURCHASER will not authorize, schedule, or promise interviews, appearances or other promotional activities involving ARTIST without prior consent of ARTIST. Ail requests for interviews, promotional appearances and support should be directed to: Sharon Allen The Brokaw Company (615) 297-8828; (615) 297-8801 FAX No portion of ARTIST's performance, sound check, or backstage activities may be photographed, recorded, filmed, taped, broadcast, reproduced by video, motion picture or sight and sound device or mechanically reproduced in any form without prior written consent of ARTIST. PURCHASER shall not authorize such, nor permit in the place of performance any device or mechanism that could be used for such purposes2 If any unauthorized recording is discovered, ARTIST shall have the right to withhold ARTIST's performance without prejudice to ARTIST's rights hereunder until all copies of same and all mechanical instruments having to do with same have been surrendered to ARTIST or ARTIST's representative. TOBY KEITH CONTRACT RIDER PAGE 4 Ail advertising concerning the show will be subject to ARTIST's prior approval. 4. TICKETING All tickets will be printed by a bonded ticket printer, and be of the one stub, one price variety. There shall be no multiple price tickets printed. Tickets sold at different prices must be of separate and distinct colors. Ticket price(s) will be those stated on the face of the contract accompanying this rider. PURCHASER will pz~vide gross seating capacity and, in the case of multiple pricing, gross capacity for each pricing, accompanied by a map cr drawing clearly marking each location and stating the ticket price for that location. Ticket prices will not be changed or modified without prior writ%eh consent of ARTIST. In cases in which ARTIST's fee is not based on percentage of box office receipts, and the gross box office receipts and/or ticket prices exceed those specified on the face of 5he contract, PURCHASER will pay to ARTIST one hundred percent (100%) of the total difference between ~he agreed upon gross potential and Lhe actual gross. No tickets will be sold for seats located where stage and/or equipment obstruct normal eye-level viewing of performance, unless the words OBSTRUCTED ViEW are printed on tickets in clear view. Any obstructed view sea~ing must be approved in advance by ARTIST. PURCHASER will not discount tickets or offer tickets as a premium without first obtaining ARTIST's written consent. PURCHASER agrees to distribute no more than two percent (2%) of total capacity of facility as designated herein as complimentary tickets to each performance without prior consent of ARTIST. PURCHASER will provide ARTIST or road manager with an exact list of complimentary distribution at sound check and an affidavit signed by box office manager for proof of distribution. COMPS For each show, PURCHASER will make available to ARTIST for ARTIST's use at no charge thirty five (35) tickets located between the fifth and tenth row.- PURCHASER will be solely responsible for all lost, stolen, or counterfeit tickets. MAR 13 2001 | p.~. /0 TOBY KEITH CONTRACT RIDER PAGE 5 5. PAYMENTS AND EXPENSES (FEDERAL I.D. #62-1627411) Unless otherwise specified on the face of the contract, a deposit in the amount of fifty percent (50%) of ARTIST's guaranteed f~e shown on the face of the contract shall be paid in advance by PURCHASER by cashier's check, certified funds or wire transfer. Deposit is due concurrent with the receipt and execution of the contract by PURCHASER and subsequent delivery to ARTIST's agent. If the deposit is not received by the date specified cn the face of the contract, ARTIST may cancel the performance with no liability or further obligation to PURCHASER, with no prejudice to ARTIST's rights herein. Ail payments herein shall be made in United States currency unless otherwise agreed to in writing. The balance of ARTIST's guaranteed fee will be paid to ARTIST's representative by ' i check ~- money cr~c~ at the venue, upon request day of show, unless ARTIST's fee is based in whole or part on a percentage of box office receipts. In such cases, payment is due as soon as practicable after box office closes, but no later than the end of show. At that time, PL~C~qASER will provide ARTIST's representative with the foilcwing: *Original notarized ticket manifest *Detailed box office statement *Affidavits of expenses pertaining to this agreement ARTIST reserves the right to demand the balance of any guaranteed fee prior to performance in any case. In cases where ARTIST's fee is based in whole or part upon a percentage of box office receipts, ARTIST's representative has the right to be present in the box office prior to and during the performance and intermission periods, and will otherwise be permitted to reasonably satisfy him/herself as to gross receipts and expenditures at each performance, and to examine and make extracts from the box office records relating to said performance. PURCHASER will provide for examination copies of all bills~ statements, and receipts that enter into computanion of PURCHA~R's e~penses for the performance hereunder. Only expenses ~ccompa~ied bY legitimate bills will be acceptable. ~.~WR.~EN BILLS AR~/~OT ACCEPTABLE AND THE ORIGINALS MUST BE PRESENT AT SETTLEME~[~' ~C0~{~-~ a~l bills are to be given to ARTIST"for ARTIST'S files at time of settlement. The specific capacity, gross Potential and ticket price breakdown of the facility where ARTIST is to perform will be specified on the face of the contract. In cases where ARTIST's fee is based // TOBY KEITH CONTRACT RIDER PAGE 6 in whole or part upon a percentage of box office receipts, an expense sheet itemizing PURCHASER's estimated expenditures for the performance hereunder shall be attached to and made part of this contract. PURCHASER will have on hand at the place of performance for counting and verification by ARTIST's representative all unsold tickets and all stubs of tickets sold. In cases where ARTIST's fee is based in whole or part upon a percentage of box office receipts, ARTIST will be compensated for the difference between the number of unsold tickets on hand and the number of tickets printed as shown on the manifest. Unless an unsold ticket is shown to ARTIST's representative, it shall be deemed that PURCHASER has sold a ticket for that seat at the highest price for which the entire facility is scaled. PURCHASER is solely responsible for any monies, dues, or fees in respect to any unions, whether musician's, stagehands, electrical, trucking, catering, or any other trade whatsoever. 6. INSURANCE PURCHASER will maintain in full force a comprehensive general liability (wall-to-wall liability coverage) insurance policy with a reputable insurance company licensed to do business in the state and country in which this engagement occurs in form acceptable to ARTIST which provides coverage of at least One Million U.S. Dollars ($1,000,000.00) for combined single limit Property Damage and Bodily Injury, including Accidental Death for ARTIST or any of ARTIST's agents, employees or independent contractors. PURCHASER warrants and represents that said insurance policy will name TOBY KEITH, and his authorized representatives and employees as additional insured parties for the full period of this engage- ment, including all rehearsal and post-production periods. Certificates of insurance relating to the coverage listed above shall be furnished by PURCHASER at least fourteen (14) days prior to the engagement. PURCHASER indemnifies and agrees to defend ~and hol~ harmless TOBY KEITH, and his authorized representatives and empi~yees from all liability, claims, demands, actions, damages,~costs and expenses (including attorneys' fees) that may arise from damage to or loss of prope~y, or death or injury sustained by any persons because of t~s engagement. PURCHASER agrees to acquire and maintain all insurance(including, without limitation, Workman's Compensation) required to cover its employees who are involved in the performance of its obligations pursuant to this agreement such as stage manager, stage hands, security personnel, sound and light operators, or any others deemed necessary by PURCHASER. TOBY KEITH CONTRACT RIDER PAGE 7 7. SECURITY PURCHASER shall provide first class professional security at all times to insure the safety of ARTIST and ARTIST's instruments, costumes, supporting personnel and personal property before, during and after ARTIST's performance(s). All security personnel shall be under ARTIST's supervision and direction. Only ARTIST issued passes will be honored. Only those personnel re~cfuired to work the show shall be admitted. Our crew regards the backstage area as a work environment. Please see that backstage traffic and access is held to a minimum. Additionally, ARTZST maintains that during sound check the performance area will be closed to the public, with only necessary staff and crew present. 8. DRESSING ROOMS One (I) Star dressing room and two (2) dressing rooms (one for band & one for crew) large enough 5o accommodate ten (i0) people will be needed. Rooms should be well lit, have tables, chairs and at least three (3) working electrical outlets provided. Access to toilet facilities reserved for sole use of ARTIST is necessary. ~U~¢'~ F~'~ -~.~9~c~ ~~ ~.c/~'~QD~-D The followinq shall be provided upon arrival for load-in: CREW DRESSING ROOM: Fifteen (15) towels One (1) twelve-pack of Diet Dr. Pepper One (1) case of Diet Coke One (!) twelve-pack of Dr. Pepper One (!) case of 8 oz. non-carbonated drinking water BAND DRESSING ROOM: One (1) case of 8 oz. non-carbonated drinking water One (!) case of Diet Coke One (1) twelve-pack of Coke Chip & deli tray Assorted finger foods to accommodate fifteen (!5) people. (Hotwings, egg rolls, pizza rolls, fried zucchini, mini- burritos, etc.) Anything along these lines is fine. TOBy'S DP~,,SSING ROOM: Twelve (12) 8 oz. bottles of non-carbonated drinking water One (1) twelve-pack of Diet Coke Fruit tray TOBY KEITH CONTRACT RIDER PAGE 8 For TOBY' s bus: One (1) 15~-20~ bag of ice One (1) case of Dr. Pepper One (I) case of Diet Coke , ~, ....... pack PLUS FOR FAIR & FESTIVALS: One (i) case of Gatorade For BAND/CREW bus: One (1) 15#-20# bag of ice One (1) case of Coke One (I) case of Diet Coke ~ (I) ..... = Coo ..... a!cchc!ic bccr{Sharps cr For TRUCK: One (i) twelve-pack of bottled water One (I) six-pack of Pepsi 9. PRODUCTION OFFICE This room is for the sole use of ARTIST'S staff. The room should be as close to the stage as possible. The room should contain two (2) telephone lines for ARTIST'S use only which will be worked out with PURCN~SER by ARTIST'S Production Manager. 10. CATERING A hot meal for twenty (20) people will be provided for ARTIST and ~RTIST's band and crew immediately following sound check. PURCHASER shall provide lunch and breakfast for ARTIST'S staff for early load-in. Production Manager will advance times, etc. 11. TRANSPORTATION AND PARKING Sufficient space should be allowed near the stage door of venue for parking of two (2) 45 foot busses and one (1) 40 foot semi tractor trailer rig. 12. MISCELLANEOUS This agreement has been entered into in Nashville, Tennessee, and its enforcement and interpretation shall be governed by Tennessee law. The state and federal courts located in Davidson County, Tennessee, shall have exclusive jurisdiction over any litigation concerning this agreement and both parties irrevocably submit themselves to the personal jurisdiction of said courts. The provisions contained in the immediately preceding sentence are of the essence of this agreement. ARTIST's obligations hereunder are subject to prevention or detention by reason of sickness, inability to perform, accident, failure of means of transportation, acts of God, riot, strikes, labor disputes, any act of public authority, or any cause similar or dissimilar which is beyond ARTIST's control. D I MAR TOBY KEITH CONTRACT RIDER PAGE 9 ARTIST reserves the right to cancel this agreement without liability upon written notice to PURCHASER no less than forty five (45) days prior to the date of the first performance hereunder. In the event of any failure by PURCHASER to fulfill any of the terms and conditions provided herein, ARTIST shall have the election, without waiving any of ARTIST's other rights or remedies, to cancel the engagement hereunder and PITRCHASER shall remain obligated to pay ARTIST the full specified contract fee. If ARTIST elects to perform notwithstanding a breach of this agreement, the performance shall not constitute a waiver of any of the ARTIST's legal or eqfuitab!e claims against PURCHASER, or any of PURCHASER's obligations hereunder. Notwithstanding anything, contained herein to the contrary, PURCHASER shall remain i'iable for payment of the full contract price regardless of any cancellation of the engagement or nonperformance.by ARTIST by virtue of inclement weather. ARTIST shall have the sole righ~ to determine in good faith whether any such weather conditions shail render the performance(s) impossible, hazardous or unsafe, and ARTIST shall have no obligation to perform in any such event. The contract and the rider(s) attached hereso constitute the entire agreement of ARTIST-and PURCHASER with regard to the subject matter thereof, and there are no promises or represent- anions not specifically contain~ed herein. No modification or amendment of-the contract'or the rider(s) shall be deemed effective unless reflected in a written document executed by both ARTIST and PURCHASER. No waiver by ARTIST of PURCHASER's breach of any provision hereof shall be effective unless evidenced by a writing signed by ARTIST, and no such waiver shall operate as a waiver of any subsequent breach of any provision by PURCHASER. In the event of litigation brought by either party to interpret or enforce any of the terms~or conditions hereof, the substantially prevailing P~rty shall be entitled to recover its reasonable attorneYs~ ~fees'and costs in addition to any-other relief available to it. · ~ ~ · PURCHASER acknowledges and' agrees that T.K. Kimbreli, T.K.O. Artist Management l ~and their respective representatives and employees are acting merely as agents of ARTIST, that none of them is a Party to this agreement and that none of them is obtigate~ to PURCFJtSER in any"manner with regard to the engagement in question. 13. GOLF/BASKETBALL PURCHASER shall make reservations for four (4) people to play a full round of golf at a private, cham'Dionship golf cours~-~.~--~~ TOBY KEITH CONTRACT RIDER PAGE 10 weather permits. In the event of inclement weather, the PURCHASER shall reserve a suitable basketball court for the ARTIST. Arrangements for the above must be coordinated with T.K.O. Artist Management. DATE VENTJE ATT E ST: DYVIGHT E. BROCK. Clerk By: Clerk BOA.RD OF COU!N~TY COMMISSIONERS COLLIER COL.rNlt'. FLORIDA Approved at To form And legal suf~ier~.v: Assistant CounT?' A~OrnOy AGREED AND ACCEPTED: TOBY KEITH MAR 1 3, 2001 TOBY KEITH SOUND TECHNICALRIDER PURCHASER TO PROVIDE ALL SOUND AND LIGHTING AT NO COST TO ARTIST. STOP!! BEFORE YOU PURCHASE MONITORS, PLEASE CONTACT BARNEY CASTRO ~ 405-834-7206. SOUND: A complete CONCERT sound reinforcement system shall be provided by an experienced "LIVE PRODUCTION" contractor including three (3) technicians familiar with all aspects of the system to be approved by ARTIST's production manager, and to include the following: 1. One (1) 40 channel house mix console (Yamaha PM 4000, 3000; Midas XL200, XL4, XL3; Souncraft Europa.) 2. Sound system should be stereo, four way system with near fills. Left, right and'near fill left, right. Should be with !/3 octave EQ's (BSS or KT) . Speaker arrays should be EAW KF850/SB850 with EAW MX-800 Processor. Yamaha or Omni Drive Processors are acceptabie.~ Cabinet array and mix position to be determined at load-in, at engineer's and/or production manager's discretion. ARTIST's engineer to have total control over sound system. (Cross-over points, EQ, position, and amplification.) Digital Processors: 3) Yamaha SPX 990 1) Roland SDE 3000 with Playmate 8) BSS compressors 8) BSS gates 1) CD player 1) cassette player/recorder 1) DAT player/recorder 4. FLY DATES ONLY. One (1) 40 channel monitor mixing console (PM4000M, 2800; Ramsa SR-!, 840; Midas XL-3) Mixing console must have a minimum of 10 discrete mixes, pre- fader; and a stereo mix, post-fader (Twelve mixes total). Each mix m~st ha~ an outboard 1/3 octave EQ inserted (BSS or KT) . ~ A CI~gi[~l ~reverb (s~X'9~0). mu'st ~e Patched according to input list. Eight channels of Gates (BSS or Drawmer) must be inserted according to input list. 5. FLY DATES ONLY. Monitor system should be fully prepared to supply ARTIST with "LIVE MIX" wedges, totalling twelve (12), although ARTIST carries his own in ear monitors. 6. Sound contractor will provide all equipment for opening acts in addition to ARTIST's. *NOTE: If opening act requires more channels than left available, a separate console is needed. 7. FLY DATES ONLY. Stage power to be supplied by contractor to meet ARTIST's stage plot, plus power to ARTIST's Guitar World, Production World, Monitor World racks, and possibly supply a 20 amp quad box for ARTIST's lighting enhancement gear such as 50, F-100 and fan. Headsets (Clearccm brand) between F0H and monitors. 9. Crew call times will be decided by P~oduction Manager in advance of show. t0. Ten (i0) to fourSeen (i4) stagehands will be needed on the load-in and load-out. **ALL SUBSTITUTIONS ON TECHNICAL GEAR OR LABOR MUST BE APPROVED BY PRODUCTION MANAGER. PRODUCTION MANAGER: LIGHTING DESIGNER: LIGHTING CONTRACTOR: Barney Castro (405) 834-7206 Eddie "Bones" CoD_nell (972) 446-8147 Bobby Looney Lighting Technology 3091 Governor's Lake Drive Bldg. 100, Suite 500 Norcross, GA 30071 (770) 209-1655 (770) 209-1656~.feu< 2. $. 5. 6. 7. $. 9. I0. II. 12. I$. I#. 15. 16. 17. 18. 19. 20. 21. 22. 23. 2#. 25. 26. 27. 28. 29. 30. 31. TOBY KEITH INPUT LIST (As of: 07/01/99) KICK 6ATE 1 SNARE COMP 1 HI-HAT RACK 1 6ATE 2 RACK 2 6ATE 3 RACK 3 6ATE # RACK it 6ATE 5 OH-L OH-R BASS COMP 2 SIEEL LEFI STEEL RI6HT JH GTR RIGHT JH 6TR LEFT RICE 6TR LEFT RICE 6TR RIGHT RICE JENNY JONES TOBY ACOUSIIC JOEY GTR LEFT JOEY 6TR RIGHT KEY LEFT KEY RIGHI LESLIE LO LESLIE HI RICE VOCAL COMP 3 TOBY VOCAL COMP il KEITH VOCAL COMP 5 REX VOCAL COMP 6 HARP JOEY VOCAL COMP 7 SPARE VOCAL COMP 8 WE DO NOT CARRY AN FOH CONSOLE TOBY KEITH IS FULLY SELF-CONTAINED ON STAGE. ALL WE RE(~UIRE ARE TWO 30-AMP CIRCUITS TO BE PLACED AT ARTIST'S MONITOR WORLD OFF STAGE LEFT. ALL FOH AND MONITOR SPECS MtlST BE APPROVED BY ARTIST'S PRODUCTION MANAGER: BARNEY CASTRO III- ~405) 834-7206. Guitar Tech/Sta.qe M.qr.: Knux Page Systems Tecl~: Jimmy Grayson i MAR-"I: 2001 I C) C) C,©OG, TOBY KEITH FLY RIDER DRUMS: DR-Il0 PEARL DRUM RACK 5-BOOMS & TOM MOUNTS KICK PEDAL...ItI-HAT S'FAND...SNARE STAND STOOL...& BLUE JAM BLOCK TOMS (power toms) 10xl0 kic-22x16 12xll sn-14x6&l/2 14x13 16x16 SABIAN CYMBALS-12' splash---16" stage or thin crash--- 17" or 18" stage or thin crash---20" ride (rock or medium) 18" pro china boy---14" fusion hats BASS: 2-HARTKE 4X10 XL GK 80O RB INSTRUMENT WIRELESS STEEL: 2-EVANS STEEL AMPS OR 2-NASHVILLE 400's & 1-PEAVEY CLASSIC 50 AMP. (2X12 or 4XI0) LEAD: 2-100 WATT AMI'. W/CHANNEL SWITCItlNG FENDER TWIN OR TUBE WORKS (NO PEAVEY) 1-INSTRUMENT WIRELESS ACC.: 2-FENDER TWIN FOR ELECTRIC GTR. l-INSTRUMENT WIRELESS KEYS: ROLAND XU-88 or YAMAHA P-200 or ROLAND A-90EX HAMMOND B-3 & LESLIE GTR. STANDS: (lO) TOBY NEEDS: EXECUTIVE SUMMARY APPROVAL OF A TRAVEL REQUEST FOR TWO MEMBERS OF THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE TO Al-rEND THE "PROJECT ACCESS" COMMUNITY EVENT OBJECTIVE: To obtain Board approval for travel for two members of the Collier County Community Health Care Planning and Finance Committee so that they may attend the "Project Access Community Event" conference in Ashville, North Carolina. CONSIDERATION: On August 1, 2000, the Board adopted a Resolution No. 2000-245 (copy attached) establishing the Collier County Community Health Care Planning and Finance Committee for the purpose of recommending solutions to the community's health care needs. Section Three of the Resolution provides that members of the Committee may be reimbursed for travel, mileage and/or per diem expenses if approved, in advance, by the Board of County Commissioners. Two members of this Committee are requesting travel approval to attend the aforementioned conference. This event is designed to assist communities in achieving meaningful improvement in access to healthcare using the experience of the Buncombe County Medical Society Project Access as a model. Attendees will receive assistance in developing solid plans of action for identifying and aligning their resources to create community-based systems providing access to care and improved health for all. Interactive sessions are planned with leaders from other communities who have been successful in creating win-win situations. Those who attend will learn how diverse communities effectively aligned existing community resources to create comprehensive 100% healthcare access systems capable of eliminating health disparities. More detailed information regarding the program for this event is attached. FISCAL IMPACT: The total cost for travel for the two members is estimated at $1,600. Funds will be transferred in this amount from Reserve for Contingencies in the General Fund to Volunteer Travel Reimbursement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the requested travel for two members of the Collier County Community Health Care Planning and Finance Committee to attend the "Project Access" seminar in an amount not to exceed $1,600. The Board is further requested to approve any budget amendments associated with this item. SUBMITTED BY: Leo E. Ochs, Jr., Administrator Date: Agent9?. Il:em NAR 13 2001 EXECUTIVE SUMMARY TO APPROVE. A RESOLUTION ESTABLISHING':':AN-AD HOC COMM~TEE TO BE KNOWN AS THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND' FINANCE COMMITTEE, AND TO EXTEND. THE TERM OF..:THE COLLIER COUNTY COMMUNITY '- OBJECTIVE: ':'To establish an ad hoc 'committee to be known as the Collier County CommUnitYHeaitl~ Care Planning and F~6' Committee for the' purpose of creating .a broad b~Sed c~6~lm~it~:h~alt~' :~a~6. planning 'PrOCess that'~ reC°mmends"specific solutions. io' m~et-the cUrr~t jknd"fu~i:~' health care needs Of' 'C~llier .county. --A' geC6nd"reSOiution is included to extend'~h6 t~rm:of'the COllier county Community Health Care Committee, saidterm to expire on.. OC~°~?'~?2'O'06::::!:~"~:::'ig::':':;::::'::':':' ':':':::' ":':':"':':"':'~::'~":'":':: ~'~' '-::' ' ~.,-' 5:.: ':,:.>,;t..,::?.¢:::~.,: -,':' "-' :"~':.7:iV.::ii,,":' ' - -:-i:,,!:-:::.' . "' , :~: ~!:.:.:!(,>: CONSIDERATION: By. Resolution NO. 99-257, Board of County CommissiOners created the Collier CoUnty~CommUnity Heaith C~e R6~]ew committe6 to review and"e;ealu~ite local health "C~r~ sy~t'efils~ii~' tl:i~'Co~fy arid determi~'Wheiher adequate access to health 'ear~ and'affordable ~c0vera:ge is available to all -residents.: This ad hoc Committee was to submit its analysis' and re~0~nrn&~d~tioh~"i'i~ ~he: Bd~d i~f C0~i~ty c~'mmissioners at the end of its one-year term. On May 23, 2000, the Collier, CoUmy Community Health Care Review Committee Submitted its interim report to the County Commission.' At that' time, the Board of County Commissioners - approved an e~6nsi0n 'of th6 Community Health Care Review Committee's term of service to' ?. 0ctob:~i;'~i:'2000~"~li~3Jt~3/~hed Res6iuti0fireflects~this action..::. ~...' · .': ' '.::..~ ..,~: .~:-'.i.':.:. -. · . -' ':'.-,: ..... .:' ":','-'".;';, :';.' :.b'~;,"::!'5::'~'r;".<'.~C.:¢::::.".'i:~'-. :i,:; '. :~" ,:~. '"~:~ ":.,':-:>-'..:.~ .:'~ : '- ' ' ' "'.: : .' :' ':'>'!:"':::'..? :"i:-:'"' . ". After the C'ommfinity H~'i~:'Care Review c0mmiitee's Subi~issio'n of i~s" interim 'r~p0~t~"the BOard of CoUntY Commission'&rs concluded there Wa~' a need to establish a'succes~or committee to take the W°rk~ of the initial comitfittee to the' next level of' Pla'nning and~i~r~am implemer~tation, the 'CO'mrnitt6e will i~0riduct a financial and economic analysis of ~.,.. ,~.,-~.-~. its'-pr'e{e6~d: ~!,~fi0ns, quantify l the costs.: of. the outhne the besi'fUndin mechanisms' available. This committee is this Committee' Will be' prod through the hbhc H~lth Dep~ment." Due to the: ~peeializ~ ~d"" t~lcal ~re of th~s Co~~'s work'it may be - c~e. fi~('~h~i(~fig.,fim'.~'~[~ the COffimi,e& 'mkde~ after.: tfie~ c6~mitie~' h~' b~~n ' GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the creation of this committee as there is no Public Health element included in the County's Comprehensive Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolutions: (1) extending the term of the Community Health Care Review Committee; and (2) creating the Collier County Community Health Care Planning and Finance Committee. SUBMITTED BY: Leo'Ochs, Jr., Public Services A...dininistrator REVIEWED BY: Dr. Joan M. Colfer, M.D., M.P.H. Public Health Department Director Date: 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION NO. 2000- A RESGLt'TION ES'FABLIS!tlNG THE COLLIER COUNTY CO5151',_.4!T': IIEAL'!'tl CARE PLANNING AND FINANCE CO.',I.',IITTEE FOR TIlE PURPOSE OF RECOMMENDING SOLL!TIONS 5'0 TIlE COMMUNITY'S HEALTH CARE NEEDS. WIIEREAS. thc Board of County Commissioners adopted Resolution No. 99-257 creating the Coliie:' County Community Health Care Review Committee to review existing health care systems and evaluate and determine current levels of patient access and coverage, and WHEREAS, the Community Health Care Review Committee will present a final report of its findings and recommendations to the Collier County Commission on or before the end of its term ofservice on October 8, 2000, and WltEREAS, on May 23, 2000, the Collier County Commission voted to create a successor committee to the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended soIutions, and ~,VIIERE:,~S, tl:e Collier County Commission has agreed to establish a committee of interested area agencies, health care providers, insurance and financial experts, business and community l~aders and representatives from the Community Health Care Review Committee to :'c~:,.v fi:is subject for a fixed one year period. NOV,' TII£REFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONF. Cre:,lion of thc :id Hoc C~l!ier Count)' Community Health Care P!:m,fiug and Finance Committee. Pursuant to the p~ovisions of Collier County Ordinance No. 86-41, as ameuded, the Board of County Commissioners hereby creates the Collier County Community Health Care Planning and !:in::nze Committee as an ad-hoc advisory committee for a period not to exceed one (17 3'ear from the date ofthis Resolution. SECTION TWO. Al~pointment of Members and Failure to Attend Meetings. Members sh~ll be appointed to the Collier County Community Health Care Planning and Finance Comn:ittec frc, m among the following categories: Finance and Business Professionals: Certified Public Accountants & Financial Specialists Commercial & Investment Bankers Healti~ Insurance Actuaries, Underwriters & Brokers Health Care Attorneys & Consultants Managed Care Specialists Appropriate members of the Health Care Review Committee Business Leaders Community Leaders Ex-Officio Members: Naples Community Hospital Cleveland Clinic Collier County Medical Society Collier County Dental Association Mental Health Association Coili~:r County Health Depamnent Dcpartmen: of lle::lth Volunteer Coordinator Coumy Budget Director I I I I "*". 1 Voo ! ' 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Thc- ~:;m:bc: o!' voting members appointed to the Committee shall not exceed eleven (1 !) in::iividt:,ds If any men:be; o.C:he Collier County Community Health Care Planning and Finance Committee is absent fi'om two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by lhe Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended. SECTION TItREE. Officers; Quorum; Compensation. The officers of the Collier County Community Health Care Planning and Finance Committee shall be elected by the membership of the Committee and shall include a Chairman and Vice-Chairman. The presence of a majority of the voting members shall constitute a quorum. The Collier County Community Health Care Planning and Finance Committee ma}' adopt :'ales and procedures for the transaction of business and shall keep records of mtsetings, findings and determinations. The members of the Committee shall serve ,,vithom compc::satiun, but may be reimbursed for travel, mileage and/or per diem expenses only if appro~ cd, in advance, by the Board of County Commissioners. SECTION FOUR. Ft, nctions, Powersand Duties 'of the Collier Count/,, Community Heahh Care Pta.,l,ti:~g dud Finance Committee. The functions, powers and duties of the Collier County Community Health Care Planning and Finance Committee shall be to lead a broad based community health care planning process, x~hich includes a financial and economic analysis of program recommendations submitted by the Community Health Care Review Committee, as well as specific program recommendations made by its own members. The Committee shall identify the most appropriate solutions to current and future community health care needs, quantify the cost of these solutions and determine the optimum mix of funding mechanisms ~o finance proposed solutions. When reviewing any funding alternatives that may be a part of any proposed solution, the use of existing heallh care funding sources, and/or private funding' shall be considered before local tax funds of any sort. Tim Committee shalI make its recommendations in the form ora final report to the Board of County C6mmissio,crs. All meetings of t',~e Collier County Community H. ealth Care Planning and Finance Committee shall bo' ov.'n to the public and shall be governed by the Florida Government in the Sunshine Lax~ All meetings shall be held a~er reasonable public notice is provided as to the location, time and subject matter of the meetings. This Resolution adppted this __ second and majority vote: ATTEST: DWIGHT E. BROCK, Clerk day of____ , 2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR.IDA By: By: Approved as to form arid legal sufficiency: 58 . -- y'orDAvID C. ol County Attorney 62 63 64 TIMOTHY J. CONSTANTINE, Chairman Hat ll O! 09: lop Tom & Pat Schneider S~15982203 March 11,2001 To Leo Ochs From Tom Schneider Re Expenses for trip to Buncombe County Conference Leo: As we discussed, Jim Tindall and I are planning to attend the conference in Ashville NC on the Buncombe County "Project Access" conference in early April. This is a successful program built on a sense ofvolumeerism by the Buncombe County Medical Society. It is a public/private partnership where the tax dollars are significantly below those of Hillsborough County and Palm Beach County. The airfare is about $325 each and the hotel cost is about $80 per night. They have waived the fee for the conference. Other incidental costs would include a rental car and meals. The airfare is conditioned upon staying over a Saturday night. Otherwise the fare would exceed $700. Attending the two-day conference on Thursday and Friday, April 4th and 5t~ would give us a detailed understanding of this program. The key then will be to determine whether such a program could be successfully implemented here in Collier County. Attached are several pages describing the conference. Please let me know what else the County needs to approve reimbursing our expenses. Sincerely yours, Tom Agen. d~ _Item MAR 1 ZO01 pg._ ~6~ _ Mar 11 O1 09: lop Tom & Pat Schneider Feb 01 01 10:35a 3. Tindall 941S982203 94! -59S- 4067 Thc l~nncn~lhe Counly Medical Sociezy (Project Acce.~s (,~mmuni~ E~nt) will take F};~ e April 5-6, 2~}1 ;, ~c HolK~W Inn Replk';~tk)]~ Courd[rl:ll()t, ~ll (8~) 274-9820 (n by Sunnprue at (8{.~) 733-3Z11 Slx-cial rale~ arc availabE fc)r the nighl~ c)l At)ri] 4Ih and 5fl~, if you make mentam l~tlllCOlllJ< Cotmry Mcdioi Sr<'ie{y PACE. fi)ur ('omm~ni[y t2tenl~ or $50 per mdWidual. complclr {he e~'losed n'g~lration fom~ and <turn ir ahmg wilh payment PACE 30.~ Surnmi~ Street Ashcvillc. NC Buncombe County Medical Society is a non-profit %01(c.)3 organization formed m 1885 It ih a physician-lcd community charitable organizautm is funded through The v,.)lU~la~ contnhuti~ms of its golunteers in Health Gate {Vi~} is :t one-ot~a-kiml Out; Phy.¢icians' Initiative to Expand Care Unffemert/ed Americans, Ill:it ~uppofted 39 lc)caI, physician-lcd prole¢'~s lo c~:~ for the underscrwed, ~cJudm8 IIC:MS Project Access. ~e N.C. Office uf Research, Demonstrations, and Rural Health 9evelDpment, h)undcd in 1973 technical assistance to .~m~ll hospitals and community health ceniers in rural and medlcall? undc~su~ud providers m w~)rk in ,~l<[ and sx<dk~lly under'seined d -- ~end~l .Item MAR 1 pg. ~ __ Har 11 O1 09: lop Feb O1 Ol ID:35a Tom & Pat Schneider J. Tindall 941S982203 941-596-4067 p.3 REGISTRATION FORM PACE - Project Access Community Event Al?rtl 5 - 6, 2001 14oliday [i'm Sun~pree A. shevi]le, No~th Carolina The cost of Ihe conlerenc¢ is $100 i'~r team of two to thor commumty m~mbm's or $50 per individual. l)t~a.~ Complete lhe infbrmafi~m helow, detach anti return along wi~h payment PACE ~0'~ Summit Street Quextions or comments, plea. ce call De~ie McCoy at (8'~8) 274-9820 Tklc .... Or. ff;irtiza lion __ Address Cig, Phone Etnail Na m0 Title Or~arlizattoll __ Address Cily __ Phonc _ __ Email __ Fax Ti}iS .N~.-¢ iai evcflt wd{ a,k'~m~ Colllntunttic.~ in achieving experience of Bumx)mbc COunty Meciical Scg'i~.~ y Pet solid pla~5 of achon k~r identifying and aligning their acc:es~ to ca~ and improved ]seMth fi)r all Your oiler col{~:]lunities who {mw heet~ ~uc.c:c~ful in heiflthc~re mce~S syslems rnpahle of clirnin:sdng health di.spariles. [~g KrUg knh,Rhtcncd 1.eadership i.s co-author of tim Ix'~t-~.lL,~g ltopkill$ Unwc'rs,ty, [he ll fi. OffiCe FBI Academy and tile I.]nivcrMty Of ~aJorad,~. ~t,tsg'~ prirna~ cole grc'~tc~t ~frength is working with top UXCLUI~e {~unb in helping tJwm pre.p:trc ilar The challenges pa~icipants louN ti;a[ arc immediately applicable iA crcO' walk cfi life. Groups aClivcJy p:tnk'ipale in thclr own cJi.<ove~ Ihrcmgh simple yet powerful Pam Silberman, J.D., Dr. PH. Ask'talc D;l~ctor. Policy An:dysi>. (;. Sheps Cc'ntC$ fur llcalth Rearm'ch, UNC. Ch:,pcl llill. Pain's re~arch has foct~e,i t~ll thc con~umfics; thc ,Klequuc~ $~benTmn is also one .f the Principal / Mar 11 O1 08:lOp O1 O1 10:35a Tom & Pat Schneider 941S982203 J. Tindall 941-596-4067 p.3 Wednesday, April 4 6:00pm .- H:30pm Regiswa~.i~n Thursday, April s 7:~¢)am~:~)a 8:35am M: 4Oam-9 00~ m O:0Oam-gA%m 9:45a~lO:OO;un 10:1 Sam-11:40am '11 :%Oam- 1 '~Olnu ! :~Opm-~:LR) pm Friday, April 6 7:30am-8 PACE Project Access Community Event Continental Bmakl'asl and W{:,Jcomt' by Buncoml~' Cotmty Medical Society Intr()(It)c[o~ ComJa~Cnts I)y %)/umcrr.~ i~: Hca]lll Care Charge 1o Group by NC I)cpirhnem O[ Rural Health Ovclview cd BCMS Project Access hy lluncombe County Medical Sot lely Dynamic Group Processes Ovemiew - Facilitator Break Bldl(Jing (7omm~tmont in Your Community - Imming problem, idenlifymg key stakeholders% a~segsing need, identifying targm population ar,d developing t olJaboration slralegica l.tmt h: "Access ~0 Care Policy Issues" by l'am ~dberman, J.I 1., I )r PI 1. Cecil G. Sheps Center Gcuing Stoned & Building %mr l'rogram - cgaluatin~ assets and i't'sourcgs. creating an organizational structure. Break Physician Recrumnent & Retention and P;./em ge~,ce 'lb.,eking Systcm.s Break Legal and Malpructk:e Itcc'ep~cm a~d Nclworkmog I}in~er: "Eniighlened [.eadership" by ~ug Krug, Author of k'nl~btt~ed I~ad~sbiR: Getting 1o the II, ART of CbanRe Key Vcnu:~c~ in C[c;0ing or Strengthening Your lieaRhcarc Access System - patient enrollment processes, provider ;letw~rk devdop~lenl, I~enofil [)ackage 9:50am-10.60;Im 'rt~chnk=d Assistance Ronn(hal.)l(:s 'I. Building l'ohlical Will 5. Co]nmuniW l.eaders z. Hospital Rclauons 6. Other Community Initial ives 3. Pharm:wy Issuea 7. I.c$~al and MaJpractk:e 4. Inlograting Ca~- hy In:eRratm~ lnformnliO~l Systems 10.50a~12: 10pm funding, 'IL'clinical Assistance :md Helpers 12:101~m.. l:{~)pm Nexl Steps & Ck~smg Rcmarks I I I "': .... :--= ..... .~:~,='~" ': .... ' *Our tha~ to t~ U.S. Bureau oJ Prima~ Health Care for i~.~ vision and for inspi~ng communities throughout the ~tion m ~ur.~ue the g~l of I~% Access and 0 Heahb. Di~lmrities communi~ gues~on.~ or comments, plem'e ear l~,~i(, McC~,y at (828) 27~9820 p.4 MAR EXECUTIVE SUMMARY APPROVE PAYMENT OF COLLIER COUNTY'S PRO-RATA SHARE OF THE REPAIR COSTS TO THE EAST NAPLES FIRE CONTROL DISTRICT'S STATION #21 (EAST TRAIL). OBJECTIVE: To have the BCC authorize payment to the East Naples Fire Control District for the County's pro-rata share of building repair costs and to approve the necessary purchase order and budget amendment to transfer funds. CONSIDERATION: On August 6, 1991, Collier County entered into an agreement with the East Naples 'Fire Control District for the construction and joint ownership of Fire Station #21. Under section 3.2 of the Agreement, the building maintenance and repair costs are to be shared 60.84% by the Fire Control District and 39.16% by the County. It was determined that the station was in need of roof repairs and exterior painting. The East Naples Fire District hired Victor Latavish, Architect, as the Consultant to design, bid, and oversee the construction of this project. Competitive bids were solicited and Wm. J. Varian Construction Company was determined to be the lowest responsible bidder. The total cost for the roof repairs are as follows: 1. Re-roofing cost: 2. Seal and Paint Exterior Walls: 3. Architect Fees: Total Project: $125,500.00 7,95O.O0 12,750.00 $146,2OO.OO Collier County's pro-rata share is $146,200.00 x 39.16% = $57,251.92. East Naples Fire District has assumed full responsibility for the re-roofing project and is now requesting that Collier County pay their pro-rata share of the repair cost since the construction has been completed. No construction contracts or purchase orders were issued by the County for this project and the, County's sole responsibility is for a transfer of funds. FISCAL IMPACT: Funds in the amount of $57,251.92 are available in Facility County Wide CIP fund 301. The source of funds are ad valorum taxes. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Collier County Board of County Commissioners approve the payment of the County's pro-rata share of repair costs to station #21, and approve a budget amendment and the related purchase order totaling $57,251.92 made payable to the East Naples Fire Control District. SUBMITTED BY: ~'/ -')¢~ / ~:: ~ ,'~( Date: Bob Pierce, Project Manager Facilities Management Department Executive Summary Pro-rata Repair Cost Page 2 of 2 REVIEWED BY: /--J,~k Crognale, Sen~r Project Manager /,Facilities Management Department REVIEWED BY: Skip Camp, Director Facilities Management Department Date: "2'//-~///~ / Date: ///~/ APPROVED BY: Jo-Anne Varcoe-Leamer, Division Administrator Support Services Division Date:-~/~/¢ f AGENDA IT.~¢~. MAR t 3 2001 MEMORANDUM DATE: TO: FROM: January 19, 2000 Skip Camp, Director , Facilities Management, Support Services Thomas C. Palmer, Assistant County Attorney East Naples Public Safety Complex RLS PRM 00011301 This memo is in response to the attached Request for Legal Services. You have asked essentially the following question: What are the County's monetary obligations to share in the costs of a new roof for the subject facility? REPLY: According to paragraph 3.2 of the Agreement between the County and the East Naples Fire Control District, dated August 6, 1991, the County is obligated to pay thirty-nine and sixteen one-hundreds percent (39.16 %) of the total costs of the subject roof. The facility Agreement envisions that the County will use the facility for the Sheriff's Office and for EMS. The Agreement does not specify how those two Agencies are to contribute (between themselves) to the total of the County's share of such costs. Presumably and logically, each of those two agencies will contribute - vis-a-vis each other - based upon each respective Agency's pro-rata share (by geographic area) of the County's 39.16 percent of the County's total area in the facility: i.e., assuming arguendo that EMS occupies 2/3rds of the County's total area, then EMS will pay 2/3rds of the County's total of 39.16% of the costs of the roof. By the way I have NO idea how much area is occupied by the Sheriff or EMS. CC: David C. Weigel, County Attorney h:tcp/memoO0/- Cost of Roof on East Naples Fire Control District Facility AG£1"~OA ITEM --~ .o./~-'-~--! MAR 1 3 2001 RECEIVED JAN i EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Naples, FL 34104 Telephone (941) 774-7111 Fax (941) 774-1782 January 30, 2001 Mr. Bob Peirce Collier County Government Complex Building W 3301 East Tamiami Trail Naples, FL 34112 RE: Reroofing of Station 21 Dear Mr. Peirce: Please find enclosed our billing in reference to the reroofing of Station 21 in the amount of $57,251.92 which reflects the 39.16% charge. I have also enclosed copies of the billings received and our purchase orders reflecting the applicable amounts. We have not been billed for the final payment of $18,295.00 and should ,.you desire, we will forward a copy of the billing once received and a copy of our purchase order coverning same. I trust I will receive your check for Collier County's portion of the reroofing in the near future. Should you have any questions or concerns regarding the above, please advise. Sincerely, Gayland Moore Deputy Chief GM/mmf Enc. MAR ?3 200! EAST NAPLES C'ONTROL AND RESC DIST CT 4798 Davis Boulevard Naples,: Florida Statement Date Terms Statement No. Bill To: Mr. Bob Peirce Telephone, Fax # 1/30/2001 Due On Receipt Roof Station 21 O41) 77~.1782 R~. ~ STATEMENT i Collier County Government Complex, Building W 3301 East Tamiami Trail, Naples, FL 34112 ATTN: Accounts Payable CHARGE DESCRIPTION Remit To: East Naples Fire Control & Rescue 4798 Davis Boulevard Naples, FL 34104 ATTN: Mrs. Herndon STATEMENT DATES TOTAL AMOUNT AMOUNT DUE Varian Construction Roof Repair / Replacement - Station 21 Painting Victor Latavish Architect 9/12/00 7/18/'00 $125.500.00 $7,950.00 $12,750.00 $49,145.80 $3,113.22 $4,992.90 Please submit remittance with payment TOTAL AMOUNT DUE $57,251.92 Remittance Statement Date 1/30/2001 Check Number Statement No. Roof Station21 AmotmtPaid I Payment Date Total Due $57,251.92 Feb 12 O! 01:54p Victor J. Lata~ish, RIR 941-643-6192 p.2 Victor ]. latavish, AIA Architect February 12, 2001 Collier County Office of Facilities Management attn: Bob Pierce, Project Manager Building W 3301 East Tamiami Trail Naples, Florida 34112 Project: 317 ENFD East Tamiami Trail Station Reroof Dear Mr. Pierce, Contractors work for the above referenced reroofing project is complete, .nd satisfactory, and the Contractors request for payment has been approved. CoIies of the manufacturers warranty and the installers warranty are enclosed for y )ur files. Feel free to call if you have any questions or ifI can be of further assistar :e. Sincerely, Victor J. Latavish, AIA cc: Gayland Moore, ENFD, Assistant Chief AgENOA ITEM MAR 1 3 2001 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Florida Department of Agriculture and Consumer Services. CONSIDERATION: The Florida Department of Agriculture and Consumer Services ("State") has requested a position on the County-owned communications tower at the County Barn Facility on County Barn Road. The purpose of this use is to install a VHF antenna. This antenna will assist the Forestry Division of that Department. The Lease term is for five (5) years commencing on the date in which the Board of County Commissioners approves the Lease Agreement. The annual rent has been waived since the State's presence on that tower benefits the general public. The Office of the County Attorney, the Risk Management Department and the Radio Communications Manager have reviewed the attached Lease Agreement. FISCAL IMPACT: None. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with the Florida Department of Agriculture and Consumer Services and authorize its Chairman to execute same (4 original copies). SUBMITTED B ~--(-<L .~E~.~ C ~ · ~ DATE:~. ~ ~ o ~ichael H. Dowling, Senior Spec~, Rea~rope~ Management DepOnent REVIEWED By.~,~_~,,,_~ ~' ~0~.~.._. DATE: ~.~ - 2,-~- o./ F--4'0hn Daly, Communications Manager, Information Technology Department- APPROVED BY: ,.?~. ;(~/ DATE: ~/~ ~/~c°/ Jo-Anne Varcoe-Leamer, Administrator, Support Services Division 2001 FIDAC$ CO~"fRACT # 0056-/0 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day of ,2000, between Florida Department of Agriculture and Consumer Services whose mailing address is 10941 Palm Beach Boulevard, Fort Myers, Florida 33905, hereinafl~er referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a position on the County-owned communications tower located at 2901 County Barn Road at a height of Two Hundred Eighty (280) feet above-ground in order to install a VHF antenna and related antenna line in addition to a 24" x 18" x 42" space within LESSOR'S shelter at ground-level. All improvements shall be approved by LESSOR applying the terms contained in Article 5 of the Agreement. ARTICLE 2. T_mtm_o.f_I,tdmg LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which this Lease is accepted by the LESSOR. LESSEE is granted three (3) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for three (3) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised' Premises or any pan thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent It is recognized by LESSOR that LESSEEE is providing a significant public benefit to the ~ community and there shall be no annual rent charged by LESSOR. ARTICLE 4. Other Expenses and Charges LESSOR shall pay utility charges pertaining to electrical service at the Demised Premises. ARTICLE 5. Modifications to Demised P£¢mises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LL:SSOR'S written approval, specifying in writing, and in I MAR 1 3 ZOo meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the fight to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from hability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. LESSEE will require its contractors, construction manager, architects and engineers to be fully responsible for their negligent acts or omissions or tortuous acts which result in claims or suits against the LESSOR. Nothing herein is intended to serve ~ a waiver of sovereign immunity by the LESSEE to which sovereign immunity applies. Nothing herein shall be construed ~ consent by a state agency or subdivision of the State of Florida to be sued by third parities in any matter arising out of any contract. ARTICLE 9. Insurance The Florida Department of Agriculture and Consumer Services ("FDACS") is an agency of the State of Florida and, as such, is covered by state self-insurance funds established pursuant to Chapter 284, Florida Statutes, designated as the "Florida Fire Insurance Trust Fund" and the "Florida Casualty Insurance Risk Management Trust Fund." These trust funds are administered by the Florida Department of Insurance through a program of risk management and provide insurance for property- damage, liability and workers' compensation, among others. The State's self-insurance program is commonly known as "Risk Management." Notwithstanding contrary provisions in this Agreement, FDACS's obligation to carry insurance under this Agreement shall be limited to the insurance coverages provided under the State self-insurance funds described in this Article. PIA.R ! ,3 00'1 ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, if said Demised premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. ~ Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR approved additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (0 If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notife in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30) days, pursuant to law or otherwise. ARTICLE 12. I)~tl~lL~t~.~O~ LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. AGENDA ITEH NAR I 3 2001 ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Copy to: Radio Communications Manager LESSEE: Florida Department of Agriculture and Consumer Services 10941 Palm Beach Boulevard Fort Myers, Florida 33905 Attention: Director of Administration ARTICLE 14. Surrender of Premises Unless LESSEOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. G~oeral Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concems LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment. " T H AGFttOA I £ ,.~ 13 ZOO1 ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. B. Not interfere with the operation of LESSOR'S or LESSOR'S tenants' or future tenants' radio equipment on surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. ~ All persons to whom these presents may come are put upon notice that no interest of LESSOR in the Demised Premises shall ~ be subject to liens for improvements made by or through' the LESSEE, also for improvements made by the LESSEE are specifically prohibited fi.om attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This?cl. notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effectW6upon execution by both LESSOR and LESSEE. ARTICLE 21. ~ This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER coUNTy, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman MAR I 3 2001 AS TO LESSEE: DATED: ///c~//OO W~ S.6~tt)( si gn at u re]~ (prin{ name) WITNESS (signature) (print name) FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES MICHAEL GRESHAM Director of Administration, Department Agriculture and Consumer Services of Approved as to form and legal sufficiency:~ Thomas C. P~l~er{~ Assistant County Attorney AGE ITE MAR 1 3 ZOO1 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT TO TERMINATE LEASE BETWEEN COLLIER COUNTY AND PRIMESITE CONSULTING GROUP, INC. AND FLORIDA ROCK AND SAND COMPANY, INC. OBJECTIVE: Approval of an Agreement to Terminate Lease between Collier County ("County") and Primesite Consulting Group, Inc. and Florida Rock and Sand Company, Inc. CONSIDERATION: On August 3, 1999, the Board of County Commissioners approved a Lease Agreement with Primesite Consulting Group, Inc. and on May 11, 1999, the Board approved a separate. Lease Agreement with Florida Rock and Sand Company, Inc. At this time, both tenants of Collier County have vacated the subject properties and staff is submitting the necessary Agreements to Terminate Lease in order to formally terminate the Leases. The Office of the County Attorney has reviewed the attached Agreements to Terminate Lease. FISCAL IMPACT: Both tenants are current with rent as required pursuant to the terms in the Lease Agreements. There is no further financial obligation from either party at this time. GROWTH MANAGEMENT: This transaction does not affect the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Agreement to Terminate Lease with Primesite Consulting Group, Inc. and an Agreement to Terminate Lease with Florida Rock and Sand Company, Inc., and authorize its Chairman to execute same. SUBMITTED BY: d,} ~_~.~A_a.- &.~C.~ /'~- ~ o~ ~- ~' DATE: ~-~' ~ ' Michael H. Dowling, Senior Spec~tL~Real Ph:)perty Management Department c./ I AP P R O VEDB Y: , ///.//Q~/'"33~ ~//// D ATE: Jo-Anne Varcoe Leamer, Administrator, Support Services Division MAR 1 32001/ AGREEMENT TO TERMINATE LEASE THIS AGREEMENT TO TERMINATE LEASE, hereinafter referred to as the Agreement, entered into this day of . 200~., between COLLIER COUNTY, a political subdivision of the State of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as LESSOR, and Primesite Consulting GrouI: Inc. whose address is 10914 North 562 Street, Tampa, Florida 33617, hereinafter referred to as LESSEE, s, ~ forth the terms and conditions for the termination of that certain Lease Agreement dated August 3, 1999, between the above stated parties, said Lease is to be hereinafter referred to as the Lease, a copy of which is attached to this Agreement. WITNESSETH: WHEREAS, LESSOR and LESSEE have entered into the Lease, whereupon LESSOR was to provide certain space and facilities for use by the LESSEE for the purpose of the installation and operation of a corm-aunications tower. WHEREAS, LESSOR and LESSEE have decided to terminate the subject Lease. NOW, THEREFORE, the parties agree as follows: 1. LESSEE surrenders possession of the Demised Premises described in the Lease to the LESSOR and the LESSOR accepts the delivery' of said Demised Premises effective at 5:00 p.m. on the date this Agreement becomes effective. 2. By execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release each other from all claims that either party may have against the other for any matter or anything arising out of the Lease. 3. LESSOR hereby pledges and affirms that any sale, conveyance or other transfer of its interest in the Demised Premises shall not affect LESSOR'S representations made herein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. This Agreement shall bc binding upon thc LESSOR and LESSEE'S successors, assigns, and heirs. This Agreement shall become effective as to LESSOR upon LESSOR'S execution thereof notwithstanding that LESSEE may execute same at a later date. IN WITNESS THEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: (Printed Name) PRIMESITE CONSULTING GROUP, INC. CHARLES BERNARDO, Jl~., President MAR 1 3 2001 AS TO LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOA, D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman Approved as to form an d.~g_~l sa ffici~fly~ Thc'm!s Ck~. Paln!er/~/~~ Assistant County Attorney AGREEMENT TO TERMINATE LEASE THIS AGREEMENT TO TERMINATE LEASE, hereinafter referred to as the Agreement, entered into this __ day of , 200J, between COLLIER COUNTY, a political subdivision of the State of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as LESSOR, and Florida Rock and Sand Company, Inc. whose address is 15900 SW 408th Street, Florida City, Florida 33034. hereinafter referred to as LESSEE, sets forth the terms and conditions for the termination of that certain Lease Agreement dated May 11, 1999, between the above stated parties, said Lease is to be hereinafter referred to as the Lease, a copy of which is attached to this Agreement. WITNESSETH: WHEREAS, LESSOR and LESSEE have entered into the Lease, whereupon LESSOR was to provide certain space and facilities for use by the LESSEE for the purpose of storing construction material and use of the building (now demolished) as a construction office. WHEREAS, LESSOR and LESSEE have decided to terminate the subject Lease. NOW, THEREFORE, the parties agree as follows: 1. * LESSEE surrenders possession of the Demised Premises described in the Lease to the LESSOR and the LESSOR accepts the delivery of said Demised Premises effective at 5:00 p.m. on the date this Agreement becomes effective. 2. By execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release each other from all claims that either party may have against the other for any matter or anything arising out of the Lease. 3. LESSOR hereby pledges and affirms that any sale, conveyance or other transfer of its interest in the Demised Premises shall not affect LESSOR'S representations made he,'ein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. This Agreement shall be binding upon the LESSOR and LESSEE'S successors, assigns, and heirs. This Agreement shall become effective as to LESSOR upon LESSOR'S execution thereof notwithstanding that LESSEE may execute same at a later date. IN WITNESS THEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: Signature (Printed Name) Sig turW (Printed N~e) FLO ~RIDA R~CK AND SAND COMPANY, INC. S esident * Atlantic Civil, Inc. (f/k/a Florida Rock and Sand Co., Inc.) completed all operations and vacated the subject property on April 7, 2000. It is agreed that possession of the premises was accepted by Lessor as ~f th~-4ate. Lessee Initial ~J Lessor Initial MAR 1 3 AS TO LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSION! RS COLLIER COUNTY, FLORIDA By: Deputy Clerk BY: JAMES D. CARTER, Ph., D., Chairman Approved as to form and legal sufficiency; Ihomas C. Palmer Assistant County Attorney : 1~£1'~0,~ ITEM ~ '! MAR 1 3 2001 EXECUTIVE SUMMARY AUTHORIZATION OF WORK ORDER VL-00-06 UNDER THE COUNTY'S ANNUAL ARCHITECTUR~a~L CONTRACTS FOR VICTOR J. LATAVISH, AIA TO DESIGN A SHERIFF'S SUBSTATION AT THE GOLDEN GATE GOVERNMENT CENTER COMPLEX, PROJECT NO. 80535. OBJECTIVE: To design a 4,000 square foot building to house the Sheriff's substation to service the Golden Gate community. CONSIDERATIONS: The Sheriff's Golden Gate substation is presently housed in a facility with EMS and the Fire Department. There is insufficient space for both the EMS and the Sheriff's Deputies. This new facility will result in a much more efficient operation and better service to the citizens of Golden Gate. FISCAL IMPACT: This project was anticipated and budgeted in the FY 00-01 Capital Projects Budget. Work Order VL-00-06 is for $58,900, which is well within the Project Budget of $830,000. Source of funds are ad valorum taxes. GROWTH MANAGEMENT IMPACT: The construction of the facility' is in concert with the County's 1998 Master Space Plan. RECOMMENDATIONS: That the Board authorize a work order under the County's annual contracts with Victor J. Latavish, AIA and authorize the Director of Facilities Management to sign the Work Order after review by' the County' Attorney's Office as to form and legal sufficiency'. PREPARED BY: Jack Crognale, Construction Manager Department of Facilities Management REVIEWED BY: ~~~~ Skip Camp, CFM, Director Department of Facilities Management DATE: DATE: REVIEWED BY: Steph6n Y. carnell, Director Purchasing Department REVIEWED BY: Jo-Anne Varcoe-Leamer, Administrator Support Service Division DATE: DATE: EXECUTIVE SUMMARY APPROVE EXPENDITURE OF OVER $25,000.00 FOR PURCHASES BASED ON QUOTES ON BID //99-2958 - SPRINKLER PARTS AND RELATED ITEMS OBJECTIVE: That the Board of County Commissioners approve non-bid purchases up to $25,000.00 in order to maintain proper irrigation systems in roadway medians and County property. CONSIDERATION: The Transportation Services Department, Pelican Bay Services Division, and Facilities Management Department, along with other County divisions and agencies, utilize Bid #99- 2958, Sprinkler Pans and Related Items for the maintenance of irrigation systems throughout the County Over $100,000.00 per year is spent on sprinkler parts and related items by various Collier County departments. 2. Although it was intended for the bid to be all-inclusive of parts and related items required for irrigation system maintenance, quotes were requested from the awardees of the bid for additional manufacturers' items. Invoices for these quoted items are exceeding the $25,000.00 formal competitive threshold 3 Due to the dynamic nature of irrigation system repair, it has been necessary to purchase items quoted on this bid in excess of $25,00000. Staff recommends that the Board approve expenditure of over $25,000.00 on quoted items from the vendor awarded Bid #99-2958, until a new bid is put in place in August, 2001. FISCAL IMPACT: Use of this contract will be on an as needed basis and funding will be provided by the using department. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION That the Board of County Commissioners approve the expenditure of over $25,000.00 on quoted items on Bid #99-2958 - Sprinkler Parts & Related Items. SUBMITTED BY: REVEIWED BY: APPROVED BY: Lyn'-Y[./]vV'ood, Purchasing Agent II Steve Cg'rnell, Puffchasing/GS Director Date: Date: ~ - Date: Jo-Anne Varcoe-Leamer, Support Services Administrator AG£ NOA I T~.~d ' MAR 1 3 2001 EXECUTIVE SUMMARY APPROVE EXPENDITURE OF OVER $25,000.00 TO AACTION MULCH OF SW FL, INC. FOR THE PURCHASE OF MULCH OBJECTIVE: That the Board of County Commissioners approve the expenditure of over $25,000.00 to Aaction Mulch to purchase mulch for roadway' median beautification and County grounds maintenance. CONSIDERATION: 1 The Transportation Services Department, Pelican Bay Services Division and Facilities Management Department, along with other County dMsions and agencies, utilize Bid #00-3043, Purchase & Delivery of Organic and Inorganic Mulch. " Bid #00-3043 was awarded to Forestry Resources Landscape Supply and put in place on March 13, 2000 The bid package states that should a vendor be unable to supply, the County may select an alternative supplier. On November 10, 2000, Forestry Resources sent a letter to Purchasing advising that they were unable to supply Grade A Eucalyptus Mulch due to a shortage of Eucalyptus trees. Staff selected Aaction Mulch of SW FL, Inc. to supply' Eucalyptus mulch 3. Aaction Mulch of SW FL, Inc. has supplied Collier County with Eucalyptus mulch since November, 2000, and their total invoices are now exceeding $25,000.00. 4. Bid #00-3043 was rebid as Bid #01-3202 which will be on the Board's agenda on March 27, 2001. No bids were received for Grade A Eucalyptus mulch. 5. Since it appears that Aaction Mulch of SW FL, Inc. is the only local supplier of Grade A Eucalypts mulch, Staff recommends that the Board approve the expenditure of over $25,000.00 to Aaction Mulch of SW FL, Inc. for the purchase of Grade A Eucalyptus mulch until a new bid can be put in place. FISCAL IMPACT: Use of this contract will be on an as needed basis and funding will be provided by the using department GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the expenditure of over $25,000.00 to Aaction Mulch of SW FL, Inc. for the purchase of Grade A Eucalyptus mulch SUBMITTED BY' REVEIWED BY' APPROVED BY: Lyn M'. Wood, Purchasing Agent II '- ' ~ ~ /5' Steve Came , Purchasing/GS Director Jo-Anne Varcoe-Leamer, Support Services Administrator Executive Summary APPROVAL TO AWARD BID # 00-3175 TO ADVANCED AIR REFRIGERATION INC. AND CONDITIONED AIR, INC. AS PRIMARY, AND MODERN AIR CONDITIONING AS SECONDARY FOR THE PURCHASE, REPAIR, MAINTENANCE AND INSTALLATION OF AIR-CONDITIONING EQUIPMENT. OBJECTIVE: Have the Board of Collier County Commissioners award Bid # 00-3175 to Advanced Air Refrigeration Inc. and Conditioned Air Inc. as primary, and Modem Air Conditioning as secondary for the purchase, repair, maintenance and installation of air- conditioning equipment. CONSIDERATIONS: The Department of Facilities Management is responsible for the maintenance, repair and replacement of all County owned air-conditioning equipment. The Department out-sources major air-conditioning (HVAC) equipment repairs and manv of its capital equipment replacement projects to private contractors. On Febuary 5, 2000, the Purchasing Department solicited bids to contract the purchase, repair, maintenance and installation of HVAC equipment. The selection of vendors was based on a pricing formula, taking into account cost of installation labor hours for specific categories. Those categories included: cost per hour for Foreman, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time. on-call non-emergency response time and markup over actual cost for materials. A total of three (3) bidders responded, three (3) were selected in the following order: Pri mary Vendor(s) - Secondary Vendor- Advanced Air and Refrigeration Inc. Conditioned Air Modem Air Conditioning Staff recomends award to Advanced Air and Refrigeration Inc. and Conditioned Air Inc. as primary providers and Modem Air-Conditioning as secondary provider. A bid tabulation sheet is attached for your review. FISCAL IMPACT: HVAC repair and maintenance expenses average annually, based on approved building maintenance and capital budgets. budgeted in FY 2000-01 department cost centers. $120,000 Funds are GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. Executive Summary Cont. HVAC On-Call Contractor Page 2 RECOMMENDATION: That the Board of Collier County Commissioners award Bid # 00-3175 to Advanced Air Refrigeration Inc. and Conditioned Air Inc. as primary, and Modern Air-conditioning Inc. as secondary, for the purchase, repair, maintenance and installation of HVAC equipment. SUBMITTED BY: ,~: '~ -~ ,--', . ,: ' - :': * ' Daniel R. Rodriguez, Facilities Manager. Department of Facilities Management Date: REVIEWED B Y: c/'~~~ k ki~"~a~p,~CiXM, ISireitor Department of Facilities Management REVIEWED BY: Stephen Y. Carnelt, Director Purchasing Department Date: APPROVED BY: ,, //'~ ~,/' Jo-Anne Varcoe-Leamer, Administrator Support Services Division EXECUTIVE SUMMARY RECOGNIZE REVENUE AND APPROPRIATE THE MONETARY PORTION OF THE NATIONAL ASSOCIATION OF EMERGENCY MEDICAL TECHNICIANS "PROVIDER OF THE YEAR AWARD" OBJECTIVE: To obtain Board approval of the expenditure of the monetary portion of the "Provider of the Year" award from the National Association of Emergency Medical Technicians. CONSIDERATION: On April 6, 2001 the Emergency Medical Services Department will be celebrating its 20th anniversary and the achievement of The National Association of Emergency Medical Technicians "Provider of the Year" award. The award includes a donation of $1,000 to be used however the department wishes. The Emergency Medical Services Department seeks approval to use the award to fund an anniversary / award celebration for the department's employees. FISCAL IMPACT: Funds are available in EMS Fund 490 from the monetary portion of the "Provider of the Year" award. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the necessary budget amendment to recognize revenue and appropriate the National Association of Emergency Medical Technicians "Provider of the Year" $1,000 donation for the EMS anniversaD' / award celebration. SUBMITTED BY: ',,../,;~ ~.-,; /'~,: /./, 4.,,~ /-[-~'71 Date: ~7'/~./~', ~,/t~ahe B/F-lagg, Chief Emergency Medical Services Department APPROVED BY: Thomas Storrar, CEM Emergency Services Administrator _ A~EblDA ITEM No. /~ F / MAR 1 3 2001 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 13, 2001 Operatin~ Expenses Engineering Fee~ Reserves Reser'~e fi~r C,~qDita] Outlax Total: Exptanati~)n: Water User Fees (Fund 412) Budget Amendment ~)1-184 $7.514 ~7,514) Fundsarcncededt~pa)'t'oroxertimemspection bx the Engineering Consuhant. General (Fund Beach & V~'ater Operations Budget ~,mendment #01-197 (_)peratinL_, Expenses Other Contractual Services $8.000 Re~er~es Rcserxe Ik~r Contin.gencies (8.000) q'olal: -0- Explanation: Funds are needed to pi'oxide a Limited Scope Remedial Action Plan to remove contaminated soil due to a fuel spill at Caxa~nbas Park. AGENDA ITEM FOR BOARD ACTION: BOARD OF COUNT;' COMMISSIONERS MISCELLANEOUS CORRESPONI)ENCE March 13. 2001 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien tbr Services of the Public Defender lbr Case Nos.: 91-3678-MMA; 91-3679-MMA and 89-2152-CFA- RECOMMEND APPROVAL. MISCELLANEOL S ITEMS TO FILE FOR REC()RD \VITlf AC-IIO~ AS DIRECI'ED: H:Data/Format Clerk ol Courts: Submitted tbr public record, pursuant to Florida Statutes. Chapter 136.06(1 L the disbursements lbr the Board of County Commissioners tbr thc period: 1 ) Disbursements lbr the period January 24. 2001 through January 30. 2001 2) Disbursements for the period January 31. 2001 through February 6. 2001 3) Disbursements lbr the period February 7.2001 through February 13. 2001 4) Disbursements for the period February 14.2(!01 through February 20. 2001 5) Disbursements Ibr the period February 21. 2001 through February 27. 2001 Districts: 1 ) Ochopee Fire Control District Advisory Board - Minutes of December 4. 2000 meeting 2) Big Cypress Basin Board of the South Florida Water Management District- Minutes of the January 26~ 2001 meeting and Agenda tbr January 26. 2001 meeting Minutes: 1 ) The Rural Fringe Area Assessment ()versight Committee -Notice of January 17, January 31 and February 14. 2001 meetings. Minutes of November 8. November 29 and December 13. 2000 meetings 2) Development Services Advisory Committee - Agenda for February 7. 2001 meeting and Minutes of January 3. 2001 MAR 13 2001 Pg.__ .... [ .... H:DataJFormat 3) Lei)' Golf Estates Beautification Adx isory Committee - Agenda tbr January 12. 2001 and February 8, 2001 meetings and Minutes of December 8.2(100 and January 12, 2001 meetings 4) Collier County' Library Advisory Board - Agenda for January 24.2001 meeting and Minutes of December 6. 2000 meeting 5) Pelican Bay MSTBU Advisory Committee - Agenda lbr February 7. 2001 meeting 6) Golden Gate Beautification Advisory Committee - Agenda lbr February 20. 2001 and Minutes of January 9. 2001 meeting 7) Select Colnmittee on Comn~unity Character and Design - Notice of Februar3 6. 2001 meeting 8) Forest Lakes MSTU Advisory Committee- Notice of Februarx 2. 2001 meeting 9) Historic & Archaeological Preservation Board - Agenda tbr January 19. 2001 meeting and Minutes of January 19. 2001 meeting 10) Technical Advisory Committee and Citizen Adxisory Committee Notice of joint meeting tbr January 24.2001 11) Collier Count) ttousing Authority- a. Annual Fin:racial Report I~r FYE 9/3(}/00 b. Approved budget tbr FY 2000-2001 c. Registered Office and Agent d. Schedule of Regular Meetings for 2000-2001 e. Description of Outstanding Bonds fi-)r FYE 9/30/00 f. Public Facilities Report g. Audit & Management Letter FYE 9/30/00 12) Collier County Contractors' Licensing Board - Agenda for January 24, 2001 meeting 13) Parks and Recreation Advisory Board Meeting - Agenda for January 27, 2001 meeting~ Minutes of l)ecember 20. 2000 meeting ~ '~[ND~ ITEM. No. /~ [ MAR 1 3 2001 14) Aflbrdable Housing Advisory Committee - Notice of December 14. 2000 meeting 15) Golden Gate Estates Land Trust Committee - Minutes of July 24.2000 meeting 16) Rural Lands Area Assessment Oversight Committee- Notice of January 22. 2001 meeting. Agenda for Januar)22. 2001 meeting, and Minutes of November 20.2000 meeting 17) Citizens Advisory Committee and Technical Advisory Committee to the Collier County Metropolitan Planning ()rganization - Minutes of January 23. 2001 meeting 18) Immokalee Beautification NISTU Advisory ('ommittee - Notice tbr January 17. 2001 meeting and Agenda tbr ,lanuary 17.2001 19) The Select Committee on Community Character and Design - Notice of ,lanuary 16, 2001 meeting 20) Collier County Hispanic Affairs Advisory Board - Notice and Agenda of January 25,2001 meeting 21 ) The Collier County Productivity Committee - Notice of January 1 ?. 2001 meeting 22) Bavshore Beautification M.S.T.U. Advisory Committee- Minutes of December 4. 2000 meeting 23) City/County Beach Renourishmem/Maintenance Committee - Notice of January 11,2001 meeting 24) Environmental Advisory Council - Agenda of January 3. 2001 meeting and Minutes of December 6, 2000 meeting D. Other: 1 ) Development Services Advisory Committee's Utility Code Subcommittee - Notice of January 25. 200l meeting 2) The Growth Management Subcommittee of the Environmental Advisory Council - Notice of January 17, 2001 meeting H:Data/Format The Florida Metropolitan Planning Organization Advisory Council - Minutes of January o ~. 2001 Governing Board meeting ' -' AGEND/k, ITEM_ NAR 1 3 2001 Pg._ EXECUTIVE SUMMARY APPROVAL OF A SHERIFF'S OFFICE UNITED STATES DEPARTMENT OF JUSTICE COPS MORE 2001 TECHNOLOGY/EQUIPMENT GRANT APPLICATION OBJEC___TIVE: To seek Board approval of the Sheriff's Office United States Department of Justice COPS MORE 2001 grant application, agree to maintain the required level of redeployment as a result of equipment/technology purchases for at least one budget cycle beyond the conclusion of Federal funding, authorize acceptance of the award and approve associated budget amendments. CONSIDERATIONS: On November 8, 1994, the Collier County Commission agreed to be the local coordinating unit of government for the COPS grants programs. The Sheriff's Office has received COPS MORE grant awards every year that the grants have been available. Laptop computers, mobile data computers, upgrades for the Automated Booking/Photo and Automated Fingerprint Identification Systems, and civilian staff positions have been funded $t,931,548 with COPS MORE 1995, 1996, 1998, and 2000 awards. On February 8, 2001 Sheriff's Office was notified of the availability of United States Department of Justice COPS MORE 2001 equipment/technology grants. The Sheriff's Office is requesting Federal funding to purchase additional mobile data computers and new upgrades for the Automated Booking/Photo System. FISCAL IMPACT: The proposed COPS MORE 2001 project will cost $1,050,4.80. A $787,860 COPS MORE 2001 grant requires a 25% ($262,620) local match. The matching funds will be shown in the Sheriff's Office fiscal year 2002 budget. GROWTH IMPACT: There is no growth management impact. RECOM/~ENDATION: That the Board of County Commissioners approve the Sheriff's Office COPS MORE 2001 grant application, the retention of the technology/equipment and required level of redeployment as a result of using the technology/equipment for one budget cycle beyond the conclusion of Federal funding, and to authorize acceptance of the award and associated budget amendments. PREPARED BY: APPROVED BY: Crystal K. Kinzel, Final'c? Director Don Hunter, Sheriff DATE: jh/a:xscml February 19, 2001 - AGEND ,AJT~M - Pg. I Section I Background Information Please answer all of the following questions completely. If all the questions are not answered, the application will be considered incomplete and may not be reviewed or funded. All requested information must be 17peal. Prim~ff/ /~plicant [nforma#on Pmna~ A~icant orgar~zalion LegM Name Collier County Sheriff's Office 9-Digit EIN Number 59-6000561 Federal Congressional Disbict (Number) 14th Congressional District Are you contrac~ng for lay ~forcement se~ces? ff ')~es' enler ~le name ~f the agenc~ infermabon of the contract law enforcemenl deper~'nent in the Law Enfmceme~ Intomlalion sec~on beWv Apphcaflt Agency ORI N~,.s~ber (See page 11 for Mfn~m) Fr. 01100 Yes I~ No Zaw Enforcement ~formation L~ ~nt ~e's Name ~e Don Hunter Sheriff ~ Na~ Collier County Sheriff's Office Ad~e~ 3301 Tamiami Trail East, Building J, Government Complex City State Zip Code Naples F~Florida [ 34112 TetefYnone 941-793-9203 941-793-9333 Contact Information Name of ceetact person in ~o~z ~epar'iment ~ is familiar wil~ Ihe grant Joyce Houran Grants Coordinator 3301Tamiami Trail East, Building J, Finance Division - 138 Naples FJ1Orida I 34112 941-793-9346 941-793-9405 C, ove~ment~£ormagon G~emm~ ~'s Name 3ames D. Carter, Ph.D. N~e ~ ~vernment ~b~ Collier County 'title Chairman, County Con~nission 3301Tamiami Trail East, Building F, Government Complex ~ IS,te [~p Co~ Naoles I Florida 34112 ~M 1F~ 941-774-8393 941-774-3602 SecMo~ l - You mu~ rel~m ties p~ge as part or, our applicafon. .. AGENp/?TEM MAR 13 2001 23 Municipal ID State popce Transit [] School Public HoUSing C~ Counl), PD ~3 Highwey Patr~ r'l Park/Recmapo~ Uniwsi¥C~k)ge Indian Tribal D Public r=l prorate ~ yo~ .F,m~cfmn mceiv~l o~er COPS Grants · YES ~ NO ff %'ES'. ,z~er which prolams? {Choose all f, at apply.) (~ COPS Ahead · rl COPS FAST ri COPS: PHASE I ~1 COPS in Schoo~ COPS MORE ~J5 COPS MORE ~J6 COPS MORE ~8 Police Co~s Regenal CaTimunly Poicin~ Insalule ri Advanang CaTmuni~ Policing Community Pcdicmg to Cembet Dmmstic V'mkmce It Univemal Hi'ir)g Pragram t~ T~al Resources Anti-Gang InJlmtive/Youth Fi'emms Vlokmce Initiative 152,099 from 199Q ~--~.~M.~w.a~.~a~v C,.,,--.; A-"'--~`-~- ~,,~.m ,"c.'~ _~__~_. l;..~.~. /.~j. wpa.ar~/ ~ A ct~j ;~... ra.~.~ ~..,~ m M %'~I, ~md~ /cmm~ Y~a~m~ / 493 / 465 ~ ~ · NO 'M~ k Ike ~o~ d y~ir ~eM~j'l im~ mMdd~ Confiscated Trust Fund and/or agency l~al cash ~tch ~: 10, 1 DO ~:9 ,30 ,~ ~rt~nt of Justice Intergovernmental Reriew Pr _~___ 24 Section l- ~'ou must return f~S jaage as .nar1 o[.Four an.o/ica[ion - AOENDA,iT.,E.M ?- / 13 2001 pg Section II Executive Summa Brief narrative description of the MORE 2001 technology project requested (no more than one paragraph): The Collier County Sheriff's Office (CCSO) in Naples, Florida is seeking U.S. Department of Justice Community Oriented Policing Services approval to fund equipment/technology to build on an existing system which has achieved significant progress. The existing system is the CCSO Mobile Data Computer Project. Funding for new, additional, and unbudgeted mobile data computers (336) and an Automated Booking/Photo System total system upgrade is being sought to expand and- enhance the Project. Cost Effectiveness Worksheets indicate that 31.51 FTEs are required by the end of the project. Our projections clearly link the funds sought to an increased community policing presence of possibly 129 FTEs. The total cost of the 336 mobile data computers is $900,480 and the total cost of the Automated Booking/Photo System total system upgrade is $150,000 ($900,480 + $150,000 = $1,050,480). Federal funding is requested for 75% or $787,860 of eligible costs. The required 25% or $262,620 local cash match will be funded from asset forfeitures or local operating cash. The equipment/technology awarded and the resulting level of redeployment will last for at least one budget cycle beyond the conclusion of Federal funding, jh/a:cmlxs Type of technology requested: I~1 Mobile compute~ Fl Personal computers · ra Comput,r aided dispatch (CAD) I21 Records management system (RMS) Q Crime analysis hardware and software I~i Automated booking 121 Automated fingerprint identification system (AF1S) P1 Video arraignmem Required level of redeployment (from line 8 of the Cost Effectiveness Worksheet): 31.51 FI'Es (Item ~ 1=27.01 FTEs + Item ~ 2=4.50 FTEs = 31.51 FTEs) Projected FTE (from the demonstration of time savings): 129.O0 FTEs (Item # 1=95.79 FTEs + Item ~ 2=33.21 FTEs = 129.00 FTEs) Brief budget summary: The budget includes costs for 336 mobile data computers and an automated booking/ photo system total system upgrade totaling $1,050,480 in Federal and local funding. MO~ 2001 $ ~,050,480.00 $ 7sT,s60.~75%) $ 262,620.~(2s%) Application Total NoI ~o ex.ed 75% ~bile data computors = $900,480 + automatod ~kin~/photo s~stem u~rade = $150,~ = 5ectio. I - You must return this l~ge as part o£ your application. Pg., 27 Applicant Organization Legal Name: Collier County Sheriff's Office OR] #: FL01100 IV Retention Plan Pleaseoud~e ~low you pro~sedretentionplanifyouragencyreceivesanaw~dund~ ~e MOKE2001 granlprogram. The Collier County Sheriff's Office (CCSO) will assume and maintain, with state or local funds, the technology/equipment awarded and the resulting redeployment of currently employed sworn law enforcement officer full-time equivalency to community policing for at least one full locally-funded budget cycle beyond the conclusion of the U. S. Department of Justice COPS MORE 2001 funding. CCSO has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the CCSO intention to proceed with this method to fund and maintain COPS MORE 2001 funded equipment after Federal funding has ended. Funds from cost savings elsewhere in the agency also will be pursued. Should these funds not be available, non-federal funding sources such as state grants, additional law enforcement funding from private sources, including corporate, nonprofit and foundation donations and grants will be sought. Should these funds not be available, solicitation of funds from asset forfeitures and local revenues will be sought in the applicable fiscal year CCSO operating budgets. Activities will continue with the COPS MORE 2001 funded equipment after grant funds end. With experience, planned training, maintenance and enhancements, redeployment activities should even increase after the grant period ends because of advancements and speed associated with familiarity of equipment and programs. Any full-time equivalencies as a result of the COPS MORE 2001 grant are by currently employed law enforcement officers and will continue after COPS MORE 2001 funding has ended. j h/a: ~01~- 2/8/01 Don Hunter, Sheriff James D. Carter, Ph.D., Chairman County Commission Dale A GE ND.A_fT r~_,.~,~ No,~?' 1 3 2001 Pg.~ ~ U.S. Deparrmen! of Justice Office of Community Oricnu~d Policing Services ~Oi SSIdI*~I3C~S Several provisions of Federal law and policy apply to all grant programs. We (the Ofl~cc of Communi .W Oriemcd Policing Services) need to secure your assurance thai you (the applicanl) will comply with these provisiom. If you would like further information abou~ any of the mailers on which we seek yom assurance, please contact us. By your authorized rcpresemative's signature, you assu~ us and certify to us that you will comply with all legal and adminL~Uative requi~mems that govern the applicant for acceptance and use of Federal gram fumts. In partimlat, you assure us that: I. You have been legally and officially autho~ed by the appso- priate governing body (for example, mayor or cily council) to apply for this grant and that the persom signing the application and these assurances on your behalf arc authorized 1o do so and to act on yom behalf with respect to any issues that may arise during processing of this applicatioa. 2. You will comply with the provisin~s of Federal law which limit cesla~n political ac6vities of your employees whose prin- cipal employmem is in coanection with an activity financed in whole or in part with ~ grant. These resections are set forth in $ U.S.C. § 1501, et seq. 3..Yon will comply with the minimum wage and maximu~ hours provisions of the Ftd~al Fair Labor Standards Acl, if they apply to you. 4. You will establish safeguanls, if you have not done so akcady, to prohibit employees from using tbek positions for a purpose that is, or gives the appearance of being, motivated by a desire for p~ivme gain for themselves or others, particuiurly those with whom they have family, business or oth~ ties. 5. You will give the Depanmen! of Justice or the ComptroLler General access to and the right to examine records and docu- ments r~lated to the grant. 6. You wLll comply with aL1 requirements imposed by the Department of Jnstice ss a condition or administratve ~qui~- meat of the gram; with the program guideliaes; with the requLr~mems of OMB CLrculars A-87 (governing coal calcula- lions) and A-128 or A-133 (governing audils); with the appli- cable provisions of the Omnibm C~;ane Comrol and Safe Sue~s Aec of 1968, ss amended; with 28 CFR Part 66 (Uniform Administrative Requi~ments); with the provisioes of the currenl edition of the appropriate COPS gram owner's manual; and with ali other applicable laws, orders, r~gulations or circulars. 7. You wi~ to the exten~ practicable and consi~cnt with appLi- cable law, seek, recruit and hLr~ quaLLfied members of racial and ethnic minori~ groups ~d qualified women in onter to further effeetive law enforcement by incrtasing tbeix ran~ within the sworn positons in your agency. 8. You wiLl not, on the ground of race, color, rcUgion, national orig~n, gender, disabili~ or age, u~iawfully exclude any person from participation i~, deny the bencfils of or employmem any person, or subjecl any person 1o discrimination in cormcc- tion with ~my program~ or activilies funded in whole (~ in part with Federal funds. These civil rights r~quirements ~u~ found in the Don-disc~imimltion pl'ovisioll~ of ~ Oml~'bu$ ~ Comml a~d Safe Su~--~s Aet of 1968, ~s mm~ded (42 U.S.G. § 3789(d)); TiRe VI of the Civil Righls Acl of 1964, ~s ~ondad (42 U.S.C. § 2000d); the l~li~ ely2 RightsAct (25 U.S.C. §§ 1301-1303); Section 504 of Ibc Rehabilil~ion Acl of 1973, m~mded (29 U~.C. § 794); THe II, Sutnitle A of Americans with Disabilities Aet (ADA) (42 U.S.C. § 12101,~t soq.); the Age Di~:~'i_mlnalioll Act of 1975 (42 U.S.C. § 6101, el seq.); and Dep~rlment of Justice Hon-Discrimim~tion Reffu~tinns comained in Title 28, Para 35 and 42 (SUbl~mS C, D, E ~d 13) of the Code of Fede~l Re,relations. A, I~ the evenl that a~y courl or admini~l~tive egeacy malres a fmdlng of discrimir~tion on grounds of moe, only, ~tio~ ori~hx, gendes, ~sabiU~ or ~c ~si~! you ~e~ a due process hearing, you a~¢ to forwant a copy of~e finding to the Office of Civil Ri~hls, Office of ~tice Programs, 810 7th gU~-~, HW, Washinff~on, DC 2053~. B. I~ you as~ applying for a gra~ of $500,000 o~' mol~ and Depurtmem relations (28 CFR 42.301 el seq.) mqui~ you submit ~ Equal Opportunity Employme~ Plum, you will do so at the thee of ~ application, if you h~vc nol dolce so in the ~ If yon are applyin~ for a griml of less tha~ $500,000 thc rtguLations rtqui~ you to rr~imain a PL~ on f~e in yom ofl3ce, you will do so within 120 days of yom gram award. 9. You will insur~ thal the facilities uader your ownership, lease or supervision which shaU be milized in the accompLish- mere of thc project are not Lisled on Ibc ~.nvironmental Protection Agency's (EPA) lis~ of Violatag Fact]hies and that you will notify us if you are advised by the EPA indicating that a facility ~o be used in this gram is un&:r consideratiou for Ll~- ~ by EPA. 10. If your slate has es~bl~$hed a ~w and comm~ I~OC~~ du~ und~ E~cmive Order 125'/2 and l~s r,~leoted *,his pro- ~ for review, you have made l~b appLlcalion avaU~bl¢ for r~view by ~ slate Single Point of C~nlacl. ~1. You will devise ~ pla~ to rct~in ~ increased ~ l~v¢l with s~nte and local fun~ a.tier ~h¢ conclusion of your Do~.~n~'c ~ ~her i f f ' J ]AR 13 2001 S~gnatu~e: DateJ ~ O~ D. ~te[, gh. D., ~ha~mn, County Com~s~~ U.S. Department of Justice Office of Community Oriented Policing Services Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies; Non-Supplanting; and Retention. Although thc Department of Justice has made every efforl to simplify thc application process, other provisions of Fedexal law require us to seek yom certification regarding certain matters. Applicants should read the regulations cried below and the inslxuctiom for eertifica- lion included in the regulations to understand the requirements and whether they apply to a particular applicant. Signatme of this form provides for compliance with cerlification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government-wide Debarmenl and Suspension fNonprocorement) and Government-wide Requirements for Drug-Free Workplace (Crrants),' and the coordination and non-supplanting requirements of the Public Safety Partnership and Community PoUcing Act of 1994. The certifications shall be Ireated as a malerial represemation of fact upon which reliance will be placed when the Departmenl of Justice-- determines to award the covered grant 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and imple- mented al 28 CFR Part 69, for persons entering inlo a grant or coop- erative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No Fed~eral appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in coanec- lion with the making of any Federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid Io any person for influencing or atlempting lo influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submil Standard Form -- LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. Thc undersigned shall require that the language of this certi- fication be included in the award documents for all subawards at all tiers (including subgran~s, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarmenl and Suspension, and implemented al 28 CFR Part 67, for prospective participants m primary covered lransactions, as defined at 28 CFR Part 67, Section 67.510 -- A. Thc appLicanl certifies that il and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced lo a denial of Federal benefrts by a state or Federal court, or voluntarily excluded bom covered transactions by any Federal department or agency; (ii) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered agaim-t them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing public (Fede~l, state or local) transaction or conlracl under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsifica- lion or destruction of records, ~-mldng false stalements, or receiv- ing stolen property; (iii) Are not presently indicted for or otherwise criminally Or civilly charged by a governmenlal entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (AXii) of this certification; and (iv) Have not within a thiee-year period preceding this appiica- lion had one or more public transactions (FederaL, state or local) lerminated for cause or default; and B. Where thc applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation lo this application. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 -- A. The applicant certifies that it will. or will continue to. provide a drug-free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distributlon, dispensing, posses- sion or use of a controlled substance Is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going chug-free awareness pro- gram to inform employees about -- (a) The dangers of drug abuse in the workplace: Section ~ - Too must return this IJ~ge ~s part o£ j, oar ~i~plJt NAR 13 2001 67 Pg. ~ (b) The grantee's policy of maintaining a drug-free work- place; tc) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph {i); {iv) Notifying the employee in the statement required by paragraph {i) that, as a condition of employment under the grant, the employee will -- (a) Abide by the terms of the statement and {b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such con- viction; (v) Notifying the agent, in writing, within 10 calendar day,s after receiving notice under subparagraph {iv) {b) from an employee or otherwise n~-etving actual notice of such conviction. Fanpioyem of convicted employees must provide notice, including position title, to: COPS OtB~. 1100 Vermont Ave. NW, Washington, DC Z0530. Notice shall include Ihe identification number(s) of each (vi) Taking one of the following actions, within 30 calen- dar days of receiving notice under subparagraph 0v)(b), ~a) "raVing approl~ate personnel action against such an employee, up to and inducting termination, consistent with the requtremems of the Rehabilitation Act of 1~73, as amended: or Co) Requiring such employee to par~cipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purples by a Federal. state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a clrug-fme workplace through implementation of para- §raphs {i), (b3, (m), 0v), tv) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in conne~on with the specific ~ant Place of perfornmnce (street address, city, county, staw~ zip code) Check El if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certifica- tion in each Federal fi~.cal year, a copy of which should be included with each application for Departmem of Justice funding. States and state agen- ties may elect to use OJP Form 4061/7. Check El if the state has elected to complete OJP Form 4061/7. The Public Safety Parmexahip and Community Policing Act of 1994 requin~ applicants to certify that the~e, ins been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agemfies may include, among oth- ers, the OIBce of the United States Attorney, state ar 5. Non-Suppbm~in~ The applicant hereby certifies that Federal funds will not be used to replace or supplant state or local funds, or funds supplied by the Bureau of Indian Affairs, that would, in the absence of Federal aid. be made available to or for law enforcement purpose~ The applicant hereby certifies that it undei~'mnds that it must abide by its submitted plan to ~tain the additional dvtlian positions and ~:lepioyment levels for at least one locally set budget cyde at the conclusion oftbe GranteeNameandAddress: Collier County Sheriff's Office, 3301 Tamiami Trail East, Buildin J, Government Com ex Naples, Flor'da 3 _ Applkation ~o. and/or Pro~ Narn~Mob~ ~ar.a ~c~nput ~r~ ~a~tee~endor Numbec59 6000561 ~,,~.~:~--~em,em_~Execu0ve: Don Hunter, Sheriff - Typed Name and Title of Govemment Executiv< ~ames D. Carter, Ph.D., Chairman County Con~ission Signature: Date: U.S. Departnnent of Justice Office of Community Oriented Policing Services Disclosure of Lobbying Activities Instructions for Completion of SF-LLL Disclosure of Lobbying Ac6vitles This disclosure form shall be completed by the reporting entity, whether subawaxdee or prime Federal recipient, at the initiation or receipl ora covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The fil- ing ora form is required for each payment or agreemem to make payment to any lobbying entity for influencing or altempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in conneclion with a covered Federal ac-lion. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify thc type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify thc appropriate classification of this report. If this is a follow-up report mused by a material change to thc information previously rcportexl, enter the year and quarter in which thc change occurred. Enter thc date of thc last previously submitted report by this reporting entity for this covered Federal action. 8. Enter thc most appropriate Federal identifying number available for thc Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the con- lract, granL or loan award number; the application/pro- posal conwol number assigned by the Fedmntl agency). Include prcfLxes, e.g., "RFP-DE-90-O01.' 9. For a covered Federal action where there has been aa award or loan commilxnem by the Federal agency, enter the Federal amount of the award/loan commilraeat for the prime entity identified in item 4 or 5. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify thc tier of the subawardee, e.g., the first subawardee of the prime is the Ist tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter thc name of the Federal agency making the award or loan commilanent. Include at least one organi- zational level below agency name, if known. For exam- ple, Deparlxnent of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for thc covered Federal action (item 1). lfknown, enter the full Catalog of Federal Domestic Assistance (CFDA) num- ber for grants, cooperative agreements, loans and loan commitments. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting reg- istrant identified in item 4 to influence the covered Federal action. Co) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone numbs. Public reporting burden for this collection of informa- tion ~s estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collec- tion of information. Send comments regarding the bur- den estimate or any other aspect of this collection of information, including suggestions for reducing this bur- den, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C 20530. Section Y~I- Yon most return this I~ge as part of j/oar appl ~? I 69 .... I _Disclosure of Lobbying Activities for Completion of SI:-~ ~ ~: Disck~re of ~ng Acavities (con~d) Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for instructions and public burden disclosure) Approved by OMB O348-0046 (as amenaed) 1. Type of Federal Action: a, con~act b. gram c. COOl~rative agreement d. loan e. loan guarant~ f. loan insurance 2. Status of Federal Action: a. bict/offer/applieation b. initial award c. post-award 3. Report Type: a. initial filing b. material change For Material Change Only: Year: Quart~. ~ Date of last ~ 4. Name and Address of Reporting Entity: ~ Prime ~l Subawardee Tier , if known: Congr~ssienal District (number), if known: ~ 6. Federal Department/Agency: 8. Federal Action Number, ff Icnowm 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, 3/11): U. mformBtkm ~ ~h ~ ~ is muthor- ized by'T'itb 31U,q.C. Section 1.3S2. '1'hb ~ of kdsbying ad:JvJtJes b a nwtmrbl r~ of guct sure b requb'ed p~nuoflt tx) 31 U.S,C. 13SZ. This JnFof,- Federal Use Only: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congmssienal Distriot (number), if known: ~ 7. Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, ff known: $ 10. b. Individuals Perfoming Services (including address if different from No. lOa) 0asr name, fixst name, IVIZ): Print Name: ~n---n un~r Title: Sheriff Telephone No.: Signature: Print Name: Au~orized ~r Local Re~oduc6on, St~datd'~p[io~%n~:-L~ ne No. 941-774-8393 : 941-793-9203 Da~:2/19/O1 James D. Carter, Ph.D. Chairman, county commission Date: 70 5ect/o~ F/E- Yo~ mast remra this i~ge as p~t ot'ymtr appiic~tio~ Approval a~ to form_ & ~,m¢:; Community Policing Information Worksheet ' This worksheet will provide the COPS Office with information about the publiqsafety concerns of your community and your department's community policing goals and activities. For assistance in completing this worksheet, contact the U.S. Department of Justice Response Center at 1-800-421-6770. , Your Community Policing Information Worksheet is complete by signing and dating below. Both the law enforcement executive and the government executive must sign. Applkant Organization's Legal Name: Collier Coun~;¥ Sheri£f's Office ORI #: FhOll00 We, the undersigned, attest to the accuracy of the Community Policing Information Worksheet submitted below. Law Enforcement Executive: Title: Sheri ff Name (typed): Department: Government Executive: Don Hunter Sheriff's Office Date: ~ ~Z/l~9/O1 . Signature'S/'? ~' Title: Chairman, County Co~nission Name(lyped): James D. Carter, Ph.D. Government En~:~ Collier County Date: Signature: Person Completing Form: Title: Grants Coordinator Name(typed):. Joyce Houran Date: Signature: /~February 16, 2001 I, From rte list that follows, please rank in descending order the following public safety concerns of your community. For example, if "weapons" are the greatest concern in your community, place the letter "f" in rank number 1. If "wildlife crimes" are the lowest concern in your community, place an "n" in rank number 16. Rank: Major Public Safety Issues: 1. 1, a. Violent crimes against persons 2. H b. Properly crimes 3. 0 c. Motor vehicle thefts 4. I d. Vandalism 5. E e. Gangs 6. A f. Weapons 7. B g. Prostitution 8. F h. Drug crimes 9. K i. Domestic violence 10. C j. Alcohol-related crime, including DWI 11. D k. Disorderly conduct 12. G 1. Traffic violations 13. M m. Agricultural crimes 14. lq n. Wildlife crimes 15. O o. Hate crimes 16. p. Other (specify): Community policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and community-police partnerships. Your answers to the questions below will provide the COPS Office with basic information about your community policing efforts, and how you will use your COPS grant funds to further the implementation of community policing. You are not expected to engage in all of the activities listed. They are examples of the community policing efforts of other law enforcement agencies. If you have a written document that serves as your community policing plan, please attach it to this form. AGENDA ITBM No. EXECUTIVE SUMMARY AUTHORIZE APPLICATION FOR TAX DEEDS FOR 523 COUNTY- HELD TAX CERTIFICATES AND AUTHORIZE NOTICE TO PROCEED TO THE TAX COLLECTOR OBJECTIVE: That the Board authorize the County's application for tax deeds for a total of 523 county-owned tax certificates, pursuant to § 197.502(3), Fla. Stat., and authorize the forwarding of a Notice to Proceed with tax deed applications to the Tax Collector. CONSIDERATIONS: As fully outlined in the attached memorandum, the Board is statutorily required to provide the Tax Collector with a Notice to Proceed in order to make application for Tax Deeds for all tax certificates held by the County, except deferred payment tax certificates. Pursuant to § 197.502, Fla. Stat., the County must make application for tax deeds on those properties with an assessed value of more than $5,000.00. Section 197.502, Fla. Stat., however, gives the County the discretion to apply for tax deeds on those properties with an assessed value of less than $5,000.00. On January 26, 1999, the Board approved a Notice to Proceed in order for the County to make application for Tax Deeds on all county held tax certificates for 1996, and such Tax Deed Applications have been made for all but ten 1996 county tax certificates. Tax Deed Sales have been and continue to be held on the various 1996 tax certificates. No action was taken by the Board in the year 2000 to proceed with tax deed applications. Consequently, both 1997 and 1998 county tax certificates are currently eligible for tax deed application. The number of tax certificates issued to the County in 1998 was more than double the number of certificates issued in 1997, and the current total of eligible county-held tax certificates is 523, or almost treble the number typically authorized by the Board for tax deed application. The County currently holds one hundred and thirty-four 1997 tax certificates and three hundred and eighty-nine 1998 tax'certificates which are eligible for tax deed application, for a total of five hundred and twenty-three tax certificates. All- of the 1997 county tax certificates and 1998 county tax certificates concern properties with an assessed value less than $5,000.00. Consequently, tax deed application on these properties is discretionary with the County. The costs associated with the tax deed application process, which includes application through issuance of a tax deed, amount to approximately $415 per property. These costs are itemized in the attached memorandum and reflect an increase of approximately $100 for each.title search to be performed upon issuance of the Notice to Proceed. Should the County make application on all 523 properties, the cost would be approximately $217,045.00. The current funds available in the General Fund for tax deed applications is $60,000.00. Any amounts above this figure will require a budget amendment transferring the funds from General Fund Contingency Reserves into the General Fund account. 2001 Executive Summary 1997/1998 County Tax Certificates Page 2 The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates when the property is sold at public sale. It is important to note that the County recovers not only the specific year of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for those properties (since it is a requirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, if taxes are delinquent for 1997, 1998, and 1999 the minimum bid at the Tax Deed Sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 1997 Tax Certificate. However, there exists the possibility of no bidders at the tax sale, in which event; no sale is had and the property is placed on a list entitled "Lands Available for Taxes." The County recovers none of its costs until the property is purchased. The County may, during the ninety days after the public sale, purchase the property. And if the property is not purchased within three years after the date the property was offered for public sale, title to the property will escheat to the County and all tax certificates and liens will be canceled. FISCAL IMPACT: There is currently $60,000.00 budgeted for tax deed applications in the General Fund. If the Board decides to take all 523 county tax certificates to Tax Deed Sale, the total application cost is approximately $217,045.00, and the budget amendment in the amount of $157,045.00 will be needed. If the Board decides to take only the 1997 tax certificates to Tax Deed Sale, for a total of 134 tax certificates, the application cost is approximately $55,610.00, and no budget amendment will be required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize a Notice to Proceed to the Tax Collector for Tax Deed Applications for all county-owned 1998 Tax Certificates and 1997 Tax Certificates and approve a budget amendment in the amount of $157,045.00. Prepared by: ~-~ ~'~~~ Ellen T. Chadwell Assistant County Attorney Approved by: l~,~a,.7~_d~_~c~ Dax;id C. Weigel ' ~ County Attorney Date: h:gail/earlene/tax deed applications/1997+certificates/ex summary AGENDAJTEM NO..l~. DATE: TO: FROM: RE: MEMORANDUM March 2, 2001 Board of County Commissioners Ellen T. Chadwell, Assistant County Attorney County Held Tax Certificates; March 13, 2001 BCC Agenda Real estate taxes are payable on November 1 of each year and, if not paid by April 1 of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197.432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the county at the 'maximum rate (18%) of interest. Section 197.502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more 2 years after April 1 of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of 7 years from the date of issuance of a tax certificate, if a tax deed has not been applied for and there is no other administrative or legal proceeding of record, the tax certificate shall be null and void and the Tax Collector shall cancel the tax certificate. On January 26, 1999, the Board of County Commissioners approved making Tax Deed Application for all tax certificates held in the name of the County for 1996. Tax Deed Applications have been made on all 1996 county held tax certificates. Tax Deed Sales have been and continue to be held on these tax certificates. The 1997 tax certificates and 1998 tax certificates were issued to the County on May 29, 1997, and May 28, 1998, respectively. In 2000, no action was taken by the Board for the tax deed application on the 1997 county-owned tax certificates. Consequently both 1997 and 1998 county tax certificates are currently elig~le for tax deed application. On October 23, 2000, Guy Carlton, Collier County Tax Collector, notified the Board of County Commissioners, pursuant to § 197.502, Florida Statutes, of all Tax Certificates held in the name of the County that were eligible for the County to make application for Tax Deed (a copy of the Tax Collector's letter is attached). An update of the October 23, 2000, letter indicates that of the 141 county held tax certificates for 1997, there are 134 unpaid outstanding certificates that are not deferred or pending under a tax deed application. Of these 134 certificates, 25 concern properties with assessed values of less than $500, which means that the cost of applying for tax deeds on most of these properties will AGENDA ITEM _ !a_rcFClD March 1, 2001 Board of County Commissioners County Held Tax Certificates Page 2 equal or exceed the property's value. Twenty of these properties are within the Golden Gate Estates, Units 148 through 172. The total cost of applying for tax deeds on these 25 properties is approximately $19,505. A review of the outstanding tax certificates for 1998 shows that of the 516 certificates reported in the October 23, 2000, letter, only 506 are not pending under a tax deed application or are otherwise eligible for application. Of this total, 117 concern properties for which the County also owns 1997 tax certificates. As a result, these 117 properties will be subject to public sale once the tax deed applications are made on the County's 1997 tax certificates. Consequently, 389 1998 County tax certificates are eligible for tax deed application. Twenty-two of these properties have assessed values of $504 or less. Again, these properties present a situation Where the application costs will equal or exceed the assessed value of the property on the majority of these twenty-two properties. The application costs will total approximately $9,130.00. Seventeen of these properties are situated in Golden Gates Estates, Units 148 through 167. The statutory procedure for the County to make application for Tax Deed is as follows: a) The Tax Collector gives Notice to the Board of all tax certificates held by the County which are now subject to tax deed application (Tax Collector's letter of October 23, 2000). Pursuant to Section 197.502, Florida Statutes, we are concerned with only tax certificates held by the County for more than 2 years, which in this case are the 1997 tax certificates. b) The Board of County Commissioners gives written Notice to Proceed to the Tax Collector to proceed with a Tax Deed Application for the tax certificates held by the County, accompanied by a check in the amount of $ 200.00 per certificate for title search, and pursuant Section 197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. c) The Tax Collector files the application for Tax Deed with the Clerk on behalf of the County. d) The County deposits the following fees and costs with the following entities when the Notice to Proceed is given to the Tax Collector: 1) Tax Collector - $ 200.00 per tax certificate for title search. (This is an increase of$110 from previous years.) 2) Tax Collector's Application Fee - $15.00 per tax certificate. 3) Clerk - Fees for processing the application after the title search is completed by the Tax Collector: AC-~N I MAR 1_ 3 29 1 March 1, 2001 Board of County Commissioners County Held Tax Certificates Page 3 e) f) g) h) a) Clerks Fees - $ 60.00 per parcel for processing application (includes sale, issuance of Tax Deed, preparation of Deed and disbursement of funds). b) Advertising Cost - approximately $100.00 per parcel. c) Mailing Costs - approximately $20.00 per parcel. d) Sheriff Service - $20.00 --40.00 per parcel. Total fees per parcel are approximately $ 415.00. The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates owned by individuals, all county owned tax certificates, all omitted years' taxes and the amount of interest earned by each tax certificate or omitted years' taxes as of the date of the tax deed application. Upon receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or firms that the Clerk is required to notify prior to the tax deed sale. Delivering and Posting of Notices of the Tax Deed Sale. A Public Tax Deed Sale is then held: 1) A Tax Deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the Tax Deed Sale, then the property goes on a "List of Lands Available for Taxes". i) 3) The county can purchase the property on the "List of Lands Available for Taxes" after 90 days, for the opening bid amount. 4) If the property on the "List of Lands Available for Taxes" is not purchased after 3 years, then the land escheats to the County and becomes County property. The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. The Tax Collector then issues checks to the Board of County Commissioners Ae, ENpA,,I'rE.~ NO. MAR 1 3 2001 March 1, 2001 Board of County Commissioners County Held Tax Certificates Page 4 for reimbursement of the costs and the taxes recovered less the Tax Collectors fee, plus the 18% interest on the tax certificates. As noted above, the County will not recover its costs, unpaid taxes or interest on its tax certificates, if the property is not sold at public sale or at some time before escheature to the County. Historically the number of properties not sold at public sale has been insignificant. For example, of the 1996 county tax certificates (163) for which tax deed application was made, only two were unsold and are currently listed on the Lands Available List. Of the 161 1995 tax certificates for which application was made, no properties remain unsold. Of the 203 1994 county tax certificates, fifteen properties remain on the Lands Available List. The County can reasonably expect to exceed these numbers of unsold properties when applying for tax deeds on all 1997 and 1998 tax certificates due to the large quantity of these certificates (523). The risk of properties not being sold at public sale would seem to be greater when the properties are assessed at a nominal value. However, only 35% of the properties on the Lands Available List have assessed values of less than $500. This percentage increases to 56% for properties under $600. However, almost all of the 47 properties under $500 for which tax deed application is currently being sought are located in the Golden Gate Estates area and are likely to be sold due to their location. The total cost to the County to make application for all properties valued under $500 is $19,505.00. The application cost for those properties under $500 and not located in Golden Gate Estates is approximately $4,150.00. Based on the foregoing, and assuming that the funds are available, the Board of County Commissioners should authorize tax deed applications for all County-held 1997 and 1998 tax certificates (a total of 523 tax certificates) and take appropriate action to provide the Tax Collector with a Notice to Proceed. /ETC Attachments cc: Guy Carlton, Tax Collector x h:earlene/tax deed applications/1997certificates/memo to BCC AGENDA. ITElyl / NAR 1 3 2001 Pg. OCTOBER 23, 2000 COLLIER COUNTY TAX COLLECTOR OCT 23 PH 2: 3N HONORABLE JAMES D CARTER, CHAIRMAN BOARD OF COUNTY COMMISSI.ONERS COLLIER COUNTY GOVE~ CENTER BUILDING F NAPLES, FLORIDA 34112 DEAR CHAIRH_AN CARTER: FLORIDA STATUTE 197.502 STATES THAT THE COUNTY SHALL MAKE APPLICATION FOR TAX DEED ON ALL CERTIFICATES ON PROPERTY VALUED AT $500 OR MORE ON THE PROPERTY APPRAISER'S ROLL, EXCEPT DEFERRED PAYMENT TAX CERTIFICATES, AND MAY FJNK~ APPLICATION ON THOSE CERTIFICATES ON PROPERTY VALUED AT LESS THAT $500 ON THE PROPERTY APPRAISER'S ROLL, -TWO YEARS AFTER APRIL 1 OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUMMARY OF TAX CERTIFICATES SO INVOLVED A~ OF SEPTEMBER 30, 2000 FOLLOWS: 1993 CERTIFICATES - TiauX YF~ 1992 INITIALLY ISSUED - MAY, 1993 2,036 ISSUED - MAY, 1999 1 REDEMPTIONS, CANCELLATIONS & T.D.A.'S 2,035 BA/N-KRUPTCY -0- DEFERRED 1 $113,618.31 34,362.11 109,740.06 --0-- 3,878.25 34,362.11 1994 1995 CERTIFICATES - TAX YEJLR 1993 INITIALLY ISSUED - MAY, 1994 1,183 P, EDE~[PTIONS, CANCELLATIONS & T.D.A.'S -1,1S2 BAN/fRUPTCY -0- DEFERRED 1 CERTIFICATES - TAX YEJLR 1994 INITIALLY ISSUED - JUNE, 1995 REDEMPTIONS, CANCELLATIONS & T.D.A.'S BANKRUPTCY DEFERRED -0- 781 777 --0-- 2 2 $ 63,561.88 59,905.17 --0-- 3, 6--56.71 $ 99,459.58 92,419.23 --0-- 4,950.02 2,090.33 COURTHOUSE-BLDG. C-1 . NAPLES, FLORIDA 34112-4997 AGENDA JTF. M , 2001 1996 1997 CERTIFICATES - TAX YEAR 1995 INITIALLY ISSUED - MAY, 1996 REDEMPTIONS, CANCELLATIONS & T.D.A.'S BANKRUPTCY DEFERRED CERTIFICATES - TAX YEAR 1996 INITIALLY ISSUED - MAY, 1997 REDEMPTIONS, CANCELLATIONS & T.D.A'S BANKRUPTCY DEFERRED 627 615 --0-- 2 10 778 635 --0-- 2 141 $ 68,079.83 54,914.51 --0-- 5,057.90 8,107.42 $ 56,579.50 45,590.81 --0-- 5,597.45 5,391.24 1998 CERTIFICATES - TAX YEAR 1997 INITIALLY ISSUED - MAY, 1998 REDEMPTIONS, CANCELLATIONS & T.D.A'S BANKRUPTCY DEFERRED 1,646 1,128 --0-- 2 516 $ 50,684.53 27,599.29 --0-- 5,582.68 17,502.56 THE AFORE/~ENTIONED REMAINING TAX CERTIFICATES ARE IN OUR VAULT. SINCERELY, GLC/rej COPIES: HONORABLE DAVID BRANDT - DISTRICT ONE HONORABLE PAMELA S MAC'KIE - DISTRICT FOUR 'HONORABLE BARBARA B BERRY - DISTRICT FIVE DAVID WEIGEL - COUNTY ATTORNEY --- AC45NDA I'I'~M.. NO. MA,~ 1 3 2001 Pg. ~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 107-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED JUNE 5, 1986, ET. AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for appraisal services with respect to Parcel 107-T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). On, December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 65041). On December 14, 1999, Collier County deposited with the Registry of the Court the sum of $46,200.00 for Parcel 107-T in accordance with the Order of Taking. On February 13, 2000, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. To conclude this matter, the County has agreed to pay reasonable fees of the Appraiser, Sewell, Valentich, Tillis & Associates, in the amount of $7,520.00 with respect to Parcel 107-T, the terms of which are set out in the Agreed Order Awarding Expert' Fees (attached as Exhibit "1"). C~'~x~'.FISCAL IMPACT: Funds in the amount of $7520.00 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $7520.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney -'~ AIr'~eNnA ITEM~'' MAR 1 3 2001 Pg.r REVIEWED BY: Mitch Riley, P.E., Sr. Project'~anager Transportation Engineering & Construction Management Date: REVIEWED BY: REVIEWED BY: Steve Miller, P.E., Director Transportation Engineering & Construction Management Norm Feder, Adm~mstrator Transportation Division Date: Date: APPROVED BY: David C. Weigel County Attorney Date: h: Lit~FassettX, ExSum- 107TAgreedOrder 2 MAR 1 3 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COIJ JER COUNTY, FLORII)A, a political subdivision of the State of Florida, Petitioner, JOI-LN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86. et al., Respondents. CASE NO.: 99-3040-CA PARCEl4: 107-T AGREED ORDER AWARDING EXPERT FEES THIS CAUSE. having come before the Court upon joint motion of the parties, Petitioner, COI_I .IER COUNTY, FLORIDA, and Respondent, TIM MALONEY, for entry, of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED ,auNT) ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to SEWELL, VAI~ENTICH, TIIJ .IS & ASSOCIATES, 766-A Hudson Avenue, Sarasota, Florida 34236 the sum of SEVEN THOUSAND, FIVE HUNDRED TWENTY DOLLARS and No/100 ($7,520.00) for appraisal services with respect to Parcel 107-T; and 1T IS FURTHER ORDERED AND ADJUDGED that this Agreed approval by the Collier County Board of County Commissioners. Order is subject to "~'~A ITEM. MAR 1 3 2001 Pg. FEB-14-2001 WED 10:06 ¢,M BRIGHAM MOORE-SRQ 0~-14-¢I 09:42, Fraar-C~lller C~unt~ Attorney Offlca F~X NO. 1941+962+1414 P,03 M1 T?4 0~.2~ T-tiE P.rI04/I}O~, F-~3E DOI~ AND ORD]i~r~ iu cl,,~,t,=s at N~los, C9.~lier Coonm/, :Fl~ch f.~ __ dm/of ,2000. JOINT MOTION Florida Bar No. 14B715 BP,~ MOORE OAYLORD SCHU$~ ~ & TOBIN, A~ FOR RP-~PONDHNT AC~NDA ITEM . IWAR ! 3 200f EXECUTIVE SUMMARY APPROVE THE AGREEL~ ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 41-T AND 13-45 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED JUNE 5, 1986, ET. AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for appraisal and engineering services with respect to Parcels 41-T and 13-45 in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). On, December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $224,850.00 for Parcels 41-T and 13-45 in accordance with the Order of Taking. On December 12, 2000, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to these parcels, Item 16(L)(3). To conclude this matter, the County has agreed to pay reasonable appraisal fees to Carroll & Carroll in the amount of $7,930.00 and to Wilcox Appraisal Services, Inc. in the amount of $2,450.00 and to pay reasonable engineering fees to Wilkinson & Associates, Inc. in the amount of $182.50 with respect to Parcels 41-T and 13-45, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). FISCAL IMPACT: Funds in the amount of $10,562.50 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $10,562.50 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: ! ' REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management ~--~Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation Engineering & Construction Management Trar~portation Division David C. Weigel ff__..) County Attorney Date: Date: Date: h:LitXFassett~ExSum-41T & 13-45AgreedOrder 2 MAR 1 3 2001 FEB-20-O! TUE P, 02 potifical subdivig~ of 0~ Stato o£ ~'OHH B. FASS,EI'T, TR.~ OF ~ AI~ Mi F~ TRUST DATED Patti Nos.: and 13-4~ COl.LIEF. COI3N'IW, FIXIRIDA, aud R~ ANTH~ DF. CH21 ~ J'OAI~I DF. XIU-~, t~ s~ o~TWO TaOUSAt~ FOUB mY~Dm~ ~ vo_~,z.~as ami N~100 (SZ,4S0.00) 13-45; ~d .. ;'. °:i MAR-1 3 2001 I:)g.._~.~~ FEB-20-OI_ TUE 9:29 E~LE & PATOHEN, pA. F~ NO. 13053723691 P. 03 ~ of~N ~ ~~~ ~ ~ m ~ 41T ~ 13~5; ~ lO --~o)~ &~~~o~ document ~as signe~ . ,r,,,'.'" "' '': FEB 2 i 2001 ~2~1- ' 'L .,:.'-'.. - by Tea Brousse~ Circuit Judge 2 MAR 1 3 2001 F~B-20-O! 9:29 Frei-Coil I~ ~ou~t¥ kttorn. OI~IG~ F~ NO. 130537238@] ??4 C)~S 1'-0o7' P. 004/Q04 P. 04 r-360 Fl~d~ Bsr No. 157545 F, ARLB 8; i)ATCE~, I'.A. 1000 ]3zickell Aven~ Suite 1112 (~0~) 372-! ~ 12 - :3 MAR 13 2001 EXECUTIVE SUMMARY PE-2000-5, TOM MASTERS, P.E., DIRECTOR OF ENGINEERING, VINEYARDS DEVELOPMENT CORPORATION, REQUESTING A PARKING EXEMPTION FOR A SHARED PARKING AGREEMENT BETWEEN VINEYARDS DEVELOPMENT AND THE LUTGERT COMPANIES, ON OUTPARCEL 6 OF THE CROSSROADS SHOPPING CENTER IN THE VINEYARDS, LOCATED ON THE WEST SIDE OF VINEYARDS BOULEVARD. OBJECTIVE: That the community's interests are maintained in authorization of a shared parking agreement in a commercial zoning district. CONSIDERATIONS: The petitioner proposes a 32,000 square-foot office building for the subject parcel. In order to accommodate the required parking on-site, a multi-story parking garage would have to be constructed. The alternative preferred by the petitioner would be to have all required parking at ground level. However, the approximately one acre site will not accommodate the required parking and the proposed office building. Therefore the petitioner seeks to share required parking with the shopping center. The proposed shared parking agreement would permit the adjacent restaurant patrons to use the office parking lot. This would provide convenient parking for the restaurant during times when the offices are usually closed (evenings and weekends, the restaurant's peak hours). The Vineyards PUD permits a 50,000 square-foot building on this site (without a parking exemption, on-site parking could be accommodated by a parking garage). The Environmental Advisory Council did not review this petition because the EAC does not normally hear parking exemption petitions. AGENDA ITEM ~ No._ MAR 1 8 2001 The Collier County Planning Commission heard this petition at its February 15, 2001 meeting. The CCPC voted 6 to 0 to forward petition PE-00-05 to the BZA with a recommendation of approval. A tenant of the Crossroads Market spoke about her concerns, but then withdrew her opposition FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GRO'WTH MANAGEMENT IMPACT: Approval of this parking exemption will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an ,Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: Since the proposed shared parking agreement is beneficial to both parties by providing adequate parking during the times of peak usage, staff recommends that the Board of Zoning Appeals approve Petition PE-2000-05 subject to the condition in the resolution. 2 AGENDA ITEM No. PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: RO'NALD F. NINO, AICP CLrRRENT PLANNING MANAGER DATE R©BER~ J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: JOHN M. DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/PE-00-05 3 AGENDA ITEM No. MAR 1 3 2001 b....~pg: 3 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JANUARY 25, 2001 PETITION PE-2000-05 OWNER/AGENT: AGENT: OW'NERS: Tom Masters, PE Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 34119 Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 34119 Crossroads Market, Inc. 4200 Gulfshore Boulevard North Naples, FL 34103 REQUESTED ACTION: The petitioner requests approval o£ a Parking Exemption for shared parking £or a proposed office building adjacent to the Crossroads Market in the Vineyards PUD. GEOGRAPHIC LOCATION: The subject property is located along Vineyards Boulevard, north of and adjacent to the Crossroads Market. AGENDA iTEM NO. MAR 1 3 2001 z t. LI i' l! AGENDA NO. MAR I PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a 32,000 square-foot office building for the subject parcel. In order to accommodate the required parking on-site, a multi-story parking garage would have to be constructed. The alternative preferred by the petitioner would be to have all required parking at ground-level. However, the approximately one acre site will not accommodate the required parking and the proposed office building. Therefore the petitioner seeks to share required parking with the shopping center. SURROUNDING LAND USE & ZONING: Existing: Undeveloped lot; zoned PUD Surrounding: North: East: South: West: Stormwater management lake; zoned PUD Vineyards Boulevard ROW Crossroads Market shopping center; zoned PUD Crossroads Market shopping center; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban/Residential, as identified on the Future Land Use Map of the Growth Management Plan. The parcel is within Activity Center 10. Based on the above, the proposed Parking Exemption can be deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL IMPACT: jurisdictional oversight, none of which have offered any objection to the appro, petition, subject to the stipulations contained in the Resolution. This petition has been reviewed by all of the appropriate County agencies assigned '~a x.~x ~A'~DA ITEM NO, 1 3 2001 2 ANALYSIS: There are twelve criteria which must be considered for approval of a Parking Exemption. These criteria are: Whether the amount of off-site parking is required by Section 2.3.16 or is in excess of requirements. The petitioner is proposing a 32,000 square-foot office building. The required parking for an office building of this size is 107 spaces. The petitioner states that 73 spaces can be engineered on the site. The remaining 34 spaces would be shared with parking for the shopping center (an area adjacent to the proposed office with 40 spaces). The distance of the farthest parking space from the facility to be served. The most distant off-site parking space is less than 300 feet from the office building. If the lots are separated by a collector or arterial roadway, the safety of pedestrians. The lots are not separated by an arterial or collector roadway, they are adjacent to each other. Pedestrian and vehicular safety. There are no pedestrian or vehicular concerns other than those in an on-site parking lot. e. The character and quality of the neighborhood and the future development of surrounding properties. The petitioner states that the proposed ground-level shared parking is more in harmony with the character of the neighborhood than a multi-story parking garage. f. Potential parking problems for neighboring properties. The proposed shared parking agreement would permit the adjacent restaurant patrons to use the office parking lot. This would provide convenient parking for the restaurant during times when the offices are usually closed (evenings and weekends, the restaurant's peak hours). Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. Traffic circulation will function as if thc sites arc a single parking lot. AGENDA ITEM No. hlAR 1 3 ?.001 ko Whether vehicular access shall be from or onto residential streets. Vehicular access will bc from Vineyards Boulevard into the office outparccl. Internal traffic c.irculation will function as if thc sites are a single parking lot. Whether buffers adjacent to property zoned residential are 15 feet in width and include a wall in addition to required landscaping. Both the outparcel and thc shopping center parcel are zoned PUD commercial. Whether the off-site parking will be used for valet parking. No valet parking is proposed. Whether the off-site parking will be used for employee parking. The proposed off-site parking will be used for employee and customer parking, typical of an office. Whether there are more viable alternatives available. Alternatives include: no shared parking agreement, in which case the property owner could construct a parking garage; and reducing the square-footage of the proposed office building, which would be a financial hardship to the property owner. STAFF RECOMMENDATION: Since the proposed shared parking agreement is beneficial to both parties by providing adequate parking during the times of peak usage, staff recommends that the CCPC forward Petition PE-2000-05 to the Board of Zoning Appeals with a recommendation for approval of the parking exemption for shared parking subject to the condition in the resolution. 4 AGENDA ITEM MAR 1 8 ool PREPARED BY: ) FRED REISCHL, AICP PRINCIPAL PLANNER DATE ,~k~,~._~l E gg:E D BY: R~'I'~AL~ ~. NINO, AIC P CU~,.RENT PLANNING MANAGER DATE RO~LHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO~N M. DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTtLA_TOR Petition PE-2000-05 Tentatively scheduled for the March 13, 2001 BZA meeting. COLLIER COU/N~/~LANNING ~~~,~IRMAN COMMISSION: 5 MAR 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR: PAR KING EXEMPTION Peri'don No.: PE-00-05 Commission District: Date Petition Ke~eivexi: Planner Assigned: General Information Name of Applicant(s) ViN~Ey>~LDS DEVELOP_~2qT CORPORATION Applicanf s Mail~g Address City. _~PLES Applicant's Telephone # (9/41) E-mail TOMM@SW-FL · NET Name of Agent N/A 98 VINrEYARI)S BOUV~vV~ State 353-1551 FL Zip __3__4_1_19 Fax # _~941) 455-505~77 Firm Asent'$ Mailing Address City State Agent's Telephone # Zip_ Fax # Agent' s E-Mail Address: COLLIER COUNTY COMbIUN1TY DEVELOPMENT PLANNING SERYICES/CURRENT PLA~,~G 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643--6968 AGENDA ITEM - 1 3 2001 Zoning of proposed parking lot PT~ C,C)~Nm'PF'TAT, Zoning of lot b~e Parking Exemption is proposed to serva PUD CO~CIA~ Type of land use that the parking exemption is proposed to serve PROFE$$IO~:~%T~ OFFICE Required parking for project 107 Parking Spaces Proposed Off-Site 40 Project description: (or attach separate sheet) See At tached 1. Is the proposed parking lot separated from the permitted u~e by a oollector or artedal roadway? No 2, Is the proposed parking lot zoned commeroial? Yes 3, Does the permitted use propose to share required parking with another permittea uBe? Ye s Does the petitioner propose a parking reservation? No SIGNATURE OF PETITIONER DATE AGENDA ITEM No. rvlAR 1 3 2001 ADDRESSING CHECKLIST Please complete the following. Not all items will apply to every project. Items in bold ~ reclui red. 1. Legal description of subject property or properties (copy of lengthy description may be attached) See Attached__ ~rnber(s) of above (attach t'"'-"~, or associate wi[h, I'-""~egal description if more than one) 3. Street address or'~ddre~ee (ss applicabl"'-e, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of- way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED pROPERTIES) 6. Proposed project name (if applicable) Proposed street names (if applicable) Site Development Plan Number (FOP, EXISTING PROJECTS/SITES ONLY) SDP _____ -_ -- Petition Type (Inctlcate which Is applicable): SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (SDP Insubstantial Changel SIP (Site Improvement Plan) SlPA (SiP Amendment) Constructior~ Plans/Plat Land Use petition (Variance, Conditional Use, Boat Dock E,xtension, etc.) Street Name Change (SNR) Blasl~ng Permit Right-of-way Permit Clearing/Vegetation Removal Permit Excavation Permit ~ Other (Describe: or development names proposed for, or already appearing in, condo.,inium 10. Project documents (if applicable; indicate whether pro.posed or existing) Applicant nsme _ Fax #: FOR STAFF USE ONLY Address Number Approved by Phone Date ..... AGENDA ITEM No. MAR 1 3 2001 REQUIRED OFF-STREET PARKING VARIANCE APPLICATION PETITION NO. PETITIONERS NAME DATE: VIN%-'zLARDS DEVELOPS~"I CORPOk{TiON PETITIONERS ADDRESS 95 VI~TYARDS BOULEVARD NAPI,ES. FI. %4]]9 TELEPHONE NO. (941> 353-1551 LEGAL DESCRIPTION OF SUBJECT PROPERTY see Attached Description CURRENT ZONING PUD C0}D~RCIAL TYPE OF BUSINESS (ES)Profession~] Office (32,000 squaro foot) LOCATED ON SITE: Und~volnpod C~t Parc. a] PARKING CALCULATION FORMLU_~ PURSUANT TO SECTION 2.3.14 (I.E. 1 SPACE PER 250 SQUARE FEET FOR GENERA~ RETAIL; 1 SPACE PER 300 SQUARE FEET FOR PROFESSIONAL OFFICE, ETC.): 32,000 square feet / 300 square feet = 107 snaco~ NO. OF OFF-STREET PARKING SPACES REQUIRED NO. OF OFF-STREET PARKING SPACES PROVIDED REDUCTION REQUESTED -0- 107 spaces 113 spaces SPACES -0- AGENDA ITEM No. MAR 1 3 2b . .--~ATURE OF PETITION: PLEASE PROVIDE A DETAILED EXPLANATION OF THE EQUEST INCLUDING WHAT IS EXISTING, WHAT IS PROPOSED, AND WHY £'HIS VARIANCE REQUEST SHOULD BE APPROVED. See Attached Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the LAND, STRUCTURE OR BUILDING involved and which are not applicable to the same degrees or extent to the Lands, Structures or Buildings in the same zoning district? (Since this petition is requesting a reduction of the parking requirements established by Section 2.3.14 of the Collier County Land Development Code, you may want to explain any special conditions and circumstances related to the use(s) on the subject property which may warrant such a reduction). See Attached AGENDA ITEM MAR 1 3 2001 Are there special conditions and circumstances which do not result from the action of the applicant? Will a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of a right or rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and work unnecessary and undue hardship on the applicant? Yes, see attached Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure? -6- AGENDA ITEM NO. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. NO Will the granting of this variance be in harmony with the general intent and purpose of this Zoning Ordinance, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes SIGNA~I/RE OF-PET--ITIONE_R_~OR A~NT ~'~CHEL S~DEH, President & CEO / Vi5~EYARDS DE~ELOPMEN~ CORPORATION FEE $~25.00 -7- AGENDA ITEM MAR 1 3 200! REQUIRED OFF-STREET PARKING VARIANCE APPLICATION ADDITIONAL INFOP, zMATION Nature of Petition: The applicant proposes to construct approximately 32,000 square feet of professional off'ice space on the subject property. Under current zoning the required parking could be accommodated by constructing a multistory parking structure. Both the applicant and the Lutgert Companies, owner of the Crossroads Shopping center, would prefer to enter into a Shared Parking arrangement to avoid the need for such a structure while improving the overall parking arrangement. Forty (40) underutilized existing parking spaces (shared parking B) at the Crossroads Shopping Center could be used by the office building on the subject site during the business day. Concurrently, forty (40) parking spaces (shared parking A) at the subject site would be available to the shopping center for evening use by the adjacent restaurants. Please note: the Vineyards PUD allows for construction of office buildings to a height of 100 feet. As presentl.v zoned, the applicant could increase the height of the building and easily double the square footage of office while containing all of the required parking on site. Instead, the applicant's intent is to provide a project in harmony with the existing development. Variance Criteria: 1. As the site plan iljustrates, shared parking A will provide more convenient parking for existing restaurant patrons after 5:00 PM. At the same time, shared parking B will provide convenient parking for the proposed office building during business hours. Both parties believe this solution, rather than a multistory parking garage, is more in harmony with the current neighborhood. 2. A need currently exists for more convenient parking adjacent to the Restaurants in tile Crossroads Shopping Center. Approval of this shared parking agreement will improve existing parking conditions. 3. Yes. Literal interpretation of the ordinance would require excessive parking be constructed on the subject site v,'hile ignoring existing underutilized parking in the contiguous shopping center. Under these circumstances, a multistory.' parking structure would need to be constructed creating an unnecessao, financial hardship on the applicant. 4. Yes. A few extra spaces are included in the agreement to accommodate the preliminary nature of the proposed building and site plan. 5. No. 6. ",'es. In/-act, tile granting of this variar~ce provides a solution more in harmony with the neighborhood and public welfare by' alleviating the need for a multistory parking garage. AGENDA ITEM No. MAR 1 3 2001 February l S, 2001 To Whom It May Concern: Vineyards Community Association has reviewed the ofrice building plans and the shared parking agreement and supports the development of the site as proposed. Sincerely. MICHEL SAADEH President. Vineyards Community Association MS/ct AGENDA ITEM No. MAR 1 3 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER PE-2000-05 FOR A PARKING EXEMPTION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and Wq-IEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public heating after notice and has considered the advisability of a parking exemption as shown on the attached Plot Plan, Exhibit "A", in the Vineyards 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 Subsection 2.3.4.11.2.c, of the Collier County Land Development Code, for the unincorporated area of Collier County; and '&~IEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 Tom Masters, P.E., representing Vineyards Development Corporation with respect to the properly hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same hereby is approved for a parking exemption as shown on the attached Plot Plan, Exhibit "A", of the Vineyards PUD Zoning District wherein said property is located, subject to the following condition: Freestanding parking garages are not permitted on this property. -1- AGENDA ITEM No. -- MAR 1 3 2001 BE IT RESOLVED that this Resolution relating to Petition Number PE-2000-05 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Marjor/4-M. Student ' Assistant County Attorney g'adnmin PE- 2000-£,5 FR.'ira -2- AGENDA ITEM No. MAR 1 3 2001 Type of use Professional Office 1/300 Handicapped (73 spaces) * Total Spaces 113 On Site Spaces 73 Shared Spaces 40 PARKING REQUIREMENTS Ratio Squar.e. Footaqe. 32,000 Spaces Required 107 3 Spaces. Provided 113' 4 ~N 0 50 100 SCALE 1"=100' PLIJG OFFICE SITE UBjECT PROPER'I Y ~X,S~'NO MF_.DtAN 0PENIN0 KING ii" '1 OUTPARCEL 5 ../ ~.', .,q' I,II I, I,II¢l[f~ cRossROADS ,,,~ SHOPPING CENTER_ Exhibit F,~|RANCE SIGN MEDIAN OPENING 200i TRACT D CROSSROADS MARKET AT THE VINEYARDS (PLAT BOOK 20, PAGES 7 AND 8) THE CROSSROADS MARKET AT THE VINEYARDS OUTPARCEL 6 DESCRIPTION A PARCEL OF LAND LYING IN THAT PART OF TRACT "D" OF THE VINEYARDS UNIT ONE AS RECORDED IN PLAT BOOK 14, PAGES 67 THROUGH 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "D" RUN 101.91 FEET ALONG THE EASTERLY LINE OF SAID TRACT "D" AND THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 490.00 FEET, A CENTRAL ANGLE OF 11'54'59" AND A CHORD OF 101.7.3 FEET BEARING S14'19'12"E TO POINT OF TANGENCY; THENCE CONTINUE ALONG THE EASTERLY LINE OF SAID TRACT "D" AND THE WESTERLY RIGHT OF WAY LIN OF VINEYARDS BOULEVARD S08'21'43"E 192.74 FEET TO A POINT OF CURVATURE; THENCE 19.20 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF .340.00, A CENTRAL ANGLE OF 03'14'09" AND A CHORD OF 19.20 FEET, BEARING S06'44'38"E TO AN ---'--INTERSECTION WITH THE BOUNDARY OF CROSSROADS MARKET AT THE VINEYARDS AS RECORDED IN PLAT lOOK 20, PAGES 7 AND 8 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY S77'44'45"W 99.52 FEET; THENCE N30'25'16"W `326.91 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF TRACT L-2 OF SAID VINEYARDS UNIT ONE SUBDIVISION; THENCE 175.59 FEET ALONG SAID LINE AND THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200.00 FEET; A CENTRAL ANGLE OF 50'18'1,3" AND A CHORD OF 170.01 FEET BEARING S88'49'09"E TO A POINT OF COMPOUND CURVATURE; THENCE 52.7`3 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 86'18'50" AND A CHORD OF 47.88 FEET BEARING N22'52'31"E; THENCE LEAVING SAID SOUTHERLY LINE OF TRACT L-2 N69'45'18"E 20.00 FEET TO THE POINT .OF BEGINNING. THE ABOVE DESCRIBES APPROXIMATELY 1.00 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. EXHIBIT "B" AGENDA ITEM NO. MAR i3 2001 EXECUTIVE SUMMARY PETITION CU-2000-17, HERB RESSING VOICESTREAM WIRELESS REPRESENTING BIG CORKSCREW ISLAND FIRE CONTROL DISTRICT REQUESTING A CONDITIONAL USE FOR COMMUNICATIONS TOWER ON A PARCEL OF LAND ZONED "E" ESTATES FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, JUST WEST OF RANDALL BOULEVARD. THIS PARCEL CONSISTS OF APPROXIMATELY 2.5 ACRES AND CONTAINS THE BIG CORKSCREW ISLAND FIRE CONTROL DISTRICT FIRE STATION. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting a communications tower in the "E" Estates zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for essential services per Section 2.6.35.6.3 of the Land Development Code for an "E" Estates zoned property containing a fire station. The conditional use will enable the applicant to erect a communications tower with a maximum height of 198 feet. This tower will be used by the fire station as well as by several cellular phone companies, including VoiceStream Company, which is the applicant of this conditional use. FISCAL IMPACT: This petition is for a communications tower for the Big Corkscrew Fire District, and as such, it is exempt from any impact fee payment. It is not anticipated that the addition of this tower the site will have any negative fiscal impact for the County. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map of the Growth Management Plan. The Conditional Uses subdistrict of the Estates-Mixed Use District provides that" Essential Services Conditional Use shall be allowed anywhere within the Estates Zoning District. ENVIRONMENTAL ISSUES: This petition was reviewed by the 'Environmental Staff of Current Planning Section. Their review comments did not indicate any environmental issues. Furthermore, since there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. AGENOA ~ MAR 13 2001 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, a Historical/Archaeological Survey and Assessment was required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-17 and by a vote of 8-0 recommended that the Board of Zoning appeals approve this petition. STAFF RECOMMENDATION' Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWEI~ ,BY: JRONAL~ F.tI~,--AICP, MANAGER CURRENT PLANNING SECTION DATE DATE T J. MULHERE, AiCP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: DA~:'E JOI-JN M. DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION iTEM 2001 AGENDA ITEM 7-~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE' PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION January 11,2001 RE: PETITION NO: CU-2000-17 OWNER/AGENT: owner: Big Corkscrew Island Fire Control District 13240 Immokalee Road Naples, FL. 34120 Agent: Herb Ressing VoiceStream Wireless 600 Ansin Blvd. Halandale, FL. 33009 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a communications tower on a parcel of land zoned "E" Estates. GEOGRAPHIC LOCATION: The subject property is located on the south side of Immokalee Road, just west of Randall Boulevard, and is further described as W1/2 of Tract 54, Golden Gate Estates Unite 23. This parcel consists of approximately 2.5 acres and contains the Big Corkscrew Island Fire Control District fire station. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Conditional Use for essential services per Section 2.6.35.6.3 of the Land Development Code for an "E". Estates zoned property containing AGENDA iTEM 13 2001 2001 a fire station. The conditional use will enable the applicant to erect a communications tower with a maximum height of 198 feet. This tower will be used by the fire station as well as by several cellular phone companies, including VoiceStream Company, which is the applicant of this conditional use. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Fire Station, zoned "E" Estates. North - Vacant, zoned "E" Estates. East - Vacant, zoned "F" Estates. South - Vacant, zoned "E" Estates. West - Vacant, zoned "E" Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map of the Growth Management Plan. The Conditional Uses subdistrict of the Estates-Mixed Use District provides that" Essential Services Conditional Use shall be allowed anywhere within the Estates Zoning District. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Flement: Ingress and egress to the site are existing and there is no need for it to be improved. The IT1 Trip Generation manual indicates that this site will generate 5 to 10 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) any County road. In addition, the site-generated trips will not lower the- LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation 'Element of the GMP. ~ STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This -2- AG~_NDA iTEM MAR!3 2001 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 owrview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land DL ,elopment Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "E". Communications towers are permitted as Essential Services Conditional Use in the Estates district. The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map of the GMP. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Estates district. This district allows certain non-residential land uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. 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. Pro: The site is already developed with a fire station. The tower is an accessory use to the existing use on the site. Adequately functioning ingress and egress points are already existing. Con: N/A. Summ. ary Conclusion fFindin_qs): Adequate ingress and egress to the site are already in place. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; -3- AGENOA ITEM M,~,~ 13 2001 Pro: Neighboring properties are only partially undeveloped. This tower should have minimal impact on neighboring properties. Con: This tower will be visible from some distance and some neighboring property owners may consider this visual degradation of the area. Summary Conclusion (Findinqs): The proposed tower will not generate any noise, dust, glare or odor in the area. Compatibility with adjacent properties and other property in the district. Pro: This property is surrounded on all sides by vacant properties. Con: N/A. Summary Conclusion (Findings): The Parcel in question is surrounded on all sides with vacant properties. The existing site is developed with a fire station. The erection of this tower in the back of the property is only an accessory use to the existing use and should not have a major effect on the compatibility of the existing land uses of this site with adjacent properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward recommendation for approval. Petition CU-2000-17 to the BCC with a -4- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER /l~Vl EWED BY: RO'¢I~[_~ I~.l~liN-(::), AICP, MANAGER CURRENT PLANING SERVICES DATE DATE RO'BEF~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOI~N"M. 6U~II;q'UCK III, INTERIM ADMINISTRATOR DATE CQMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-2000-17 Staff Report for February 1,2001 CCPC meeting. NOTE: This Petition has been tentatively scheSuled for the March 13, 2001 BZA Hearing. COLLIER COUNTY PLANNING COMMISSION: -5- ACA IT~ RESOLUTION 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ESSENTIAL SERVICES CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRiCT PURSUANT TO SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential services conditional use pursuant to Section 2.6.35.6.3. in an "E" Estates Zone for a communications tower with ~ maximum height of 198 feet 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, alt interested parties have been giyen 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 Herb Ressing of VoiceStream Wireless Corporation, with respect to the property hereinafter described as: West ½ of Tract 54, Golden Gate Estates Unit 23, as recorded in Plat Book 7, Pages 9 and 10 of the Public Records of Collier County, Florida. be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.6.3. of the Land Development Code in an "E" Estates Zoning District for a communications' tower with a maximum height of 198 feet in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: -1- 2001 Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, PhD, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma~or~ M. gtudent Assistant County Attorney g:/admin/CU-2000-17/RESOLUTION/DM/cw -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETI~£ION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A° Consistency with the Land Development Code and Growth Management Plan: Yes ~// No m o 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 ingrgs~ & egress Yes ~/ No Affects neighboring properties in relation to noise., glar~ economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated m o 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) (~k~a~?~t) be recommended for ~AP~.'~;1/X~ f CHAIRMAN: /~//~'"'~ EXHIBIT '~A'3/ '" ' ' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: 1. Section 2.6.35.6.3 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: no Consistency with the Land Development Code and Growth Management Plan: Yes L-' 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 C o · Affects neighboring properties in relation to noise., glare, economic or odor effects: u- No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~// No Based on the above findings, ~ditional use should, with sti ulations,,, (co attachedY/~be recommended for appProval ~!!. PY . ~.~L ~" \ . ~ . , f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management .~n: Yes No B o 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: 1/ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes p/~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval '/ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ko B o 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 & Dgress Yes 'C~ No Affects neighboring properties in relation to noise, glare,, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatibt~'Use,.within district ,~Yes_ ~ No Based on the above findings, this conditional use should, with stipulations, Jcopy attached) (should be recommended for not)% approval DATE: .~-/ ~ MEMBER: ~'I~. i '[ . f/FINDING OF FACT MEMBER FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 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: Consistency with the Land Development Code and Growth Management P~n: Yes No B o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: _~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility wit'h 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 recommend for approval DATE:~./,, ~ / MEMBER: _ '~- - ~- ~ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 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: Consistency with the Land Development Code and Growth Management Plan: Yes t/ 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 & egre/ss Yes ~// No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: ,~ affect or Affect mitigated by Affect cannot be mitigated Compatibility wib~ adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, t~ditional use should, with stipulations, (copy attached)~_~.~~ be recommended for DATE, ~.J'/O[ MEMBER, . . ~,, f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-17 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes W~ No m o 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 L Affects neighboring properties in relation to noise, glare, economic or odor effects: ¥ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional us ~with stipulations, (copy attached) ~-~t) be recom~]~[eT~ded for approval DATE.: ~t ;, C/ MEMBER: f/FINDING OF FACT MEMBER/ 0 z ......... _L IJ . I EXHIBIT "B" CONDITIONS OF APPROVAL CU-2000-17 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public heating on February 1, 2001. Planninq Services: The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this- conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). EXECUTIVE SUMMARY PETITION VAC 00-021 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 15' WIDE DRAINAGE EASEMENT IN TRACTS 4 AND 5, ACCORDING TO THE PLAT OF "WIGGINS BAY PHASE 1" AS RECORDED IN PLAT BOOK 13, PAGES 89 THROUGH 90, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of a 15' wide Drainage Easement. CONSIDERATIONS: Petition VAC 00-021 has been received by the Planning Services Department from Agnoli~ Barber and Brundage, Inc., as agent for the petitioner, Bay Colony Gateway, requesting the vacation of a portion of a 15' wide Drainage Easement in Tracts 4 and 5 to accommodate the construction of a condominium building. All requisite letters of no objection have been received. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-021 for the vacation of a portion of a 15' wide Drainage Easement as described therein', 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. AGENDA MAR 13 2001 ~hee~ 1 nf'7 VAC 00-02 PREPARED BY: Rick Grigg, P.S.M. Planning Services DATE:~ REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager DATE: ~.._ ~, ,r/ REVIEWED BY:, "7//~-~',~- ~ob~rt ~VIulhere, AICP Planning Services Department Director DATE: '~ - / ,~ Jr// APPROVED BY: ~', }'~ ~ (': ,.'~ ." --- ~ ' JohaIM. Dunnuck, III, Interim Administrator Corfimunity Development & Environmental Services DATE: 2001 1 RESOLUTION NO. 2001- 2 3 RESOL1 I~ION FOR PETITION VAC 00-021 TO DISCLAIM, RENOUNCE 4 AND VACATE TI-tE'COUNTY'S AND THE PUBLIC'S INTEREST IN A 5 PORTION OF A 15' WIDE DRAINAGE EASEMENT IN TRACTS 4 AND 5, 6 ACCORDING TO THE PLAT OF "WIGGINS BAY PHASE I" AS 7 RECORDED IN PLAT BOOK 13, PAGES 89 THROUGH 90, PUBLIC 8 RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 9 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST. 10 11 12 WHEREAS, pursuant to Section 177.101, Florida Statutes, Agnoli, Barber and Brundage, Inc., as 13 agent for the petitioner, Bay Colony Gateway, does hereby request the vacation of a portion of a 15' wide 14 Drainage Easement m Tracts 4 and 5, according to the plat of "Wiggins Bay Phase l", as recorded in Plat 15 Book 13, Pages 89 through 90, Public Records of Collier County, Florida. Located in Section 16, Township 16 48 South, Range 25 East; and 17 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15' 18 wide Drainage Easement in said Tracts 4 and 5, as more fully described below, and notice of said public 19 heanng to vacate was given as required by law; and 20 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient 21 access of other property, owx~ers. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 23 OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 24 Sec Exhibit "A" attached hereto and incorporated herein. 25 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 26 copy of this Resolution in the Offleial Records of Collier County, Florida, and to make proper notation of this 27 vacation on the recorded plat as referenced above. 28 This Resolution is adopted this 29 and majority vote favoring same. DATED: ATTEST: DWIGHT E BROCK, Clerk 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Deputy Clerk ed as to form and legal patric~"G' White, Esq. Assistant County Attorney day of ,2001, after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Caner, Ph.D., Chairman , 'Od · '~I'0 '1 /- EXHIBIT "A" SHEET ! OF 2 YAC O0 - 021 EXHI~IT "A" SIiEET 2 OF 2 VAC 00 - 021 Attachment "C'" 16Al ,, PETITION FORM FOR ~ EXTI1WGUIS~NT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE XlNSTRUM~ lin THE PUBLIC RECORDS (O~R THAM ON A SUBDMSION PLAT) ON PLATTED OR UNPLATTED LA/~D, EXCEPT FOR PUBLIC ROADS Date Received: /~}-//- ~ Petitioner (Owner): Bay Colony Gateway Address: 7a~m~, w~]Hon Center Drive Telephone: 947-2600 City/State: ~mni ~m .~pri n_~ FL Zip Code: 341 34 Agent: Address: 7400 Tamiami Trail City/State: Nap] ~.~ WT, Location of Subject Property:. Location: Section I 6 Township Official Record Book 261 2 Page (s) Aqnoli, Barber & Brundage North Telephone: 5 9 7 - 31 1 1 ZIp Code: 3 41 0 8 Wiggins Bay - Cove Towers 48 Range 25 2843 Cn~entZoning: PUD Does this affect density?, no LegmlDe~cription: See attached sketch & description Remsonforgequest: Caribe buildin~ will be encroaching to I hereby authorize Agent above to repre~e, nt me for this petition: Print~ -' Name ' the west into Yes [] No - Date Please see "Policy and Procedure for the Extinguishment of PubUc EasemenU by Separate ~ment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development &Envtronmentnl Services Division Planning Servtces Department 2800 North Hor~ho~ Dr. Naple~, Florida 34104 O) (2) (3) (4) P~=4 of 4 If appUcant ts a land trnst, indicmte the name of beneflchrlet. If applicant Is a corporation other than a pubUc corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnerslflp or other business entity, indicat~ principals. Li~ zil other owners. MAR 13 2001 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners i Trans Nu__mber i Date Post Date Payment Slip Nbr ~ 228921 10/20/2000 8:40:18 AM ' 10/20/2000 ' MS 77298 BAY COLONY GATEWAY INC New or Exist: N Payor · BAY COLONY GATEWAY Fee Information Fee Code Description GL Account ~ Amount 12TRVC REV ACCT/VAC EASEMENT-ROW 110116361032910000000 Total $1000.00 $1000.00 Waived Payments Payment Code i Account/Check Number Amount CHECK 43844 $1000.00 Memo: check No. 00043844 VAC-00-021 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 Cashier/location: FROLOFF E / 1 User: SPANGLER T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l AG ~.~fAD A ITFJ~ '20/L~(~ g:4~):~ ~M COil IBC Ill 31.50 I)OC-AO 22OO.OO Ittn: OVAILI3 & 4501 YARIAKI Thb insu~mcm prep. cd by arid rct3Jrfl ~o: ~s E. Ma~y, ~irc ~U~ & B~DY 4~1 N. Ta~ T~il. Sul= Narcs, ~a 34103 Gn~ S.S. No. Na~: Bay Co~ny~a~way, Piopcr~/Apf~r.isc*"s f.i, :. ~ oo-oZ.l WARRANTY DEED (STATLFrORY FORM- $7~..C: FIOI,! 68').02, F.S.) THIS INDENTURE, made this c/'/.~, day of t/? ,'9,/ ., i:. ;8, between WILLIAM T. I-IIGGS, INDIVIDUALLY AND AS 'FL~CC'. FEE, whose post office address is 2666 Airport Road South, Naples, Florida 34112, Grantor*, and BAY COLONY-GATEWAY, INC., A DELAWAR.E CO:' .'C':RATON, whose post office address is 24301 Walden Center Drive, Suite 300, Bonita Springs, 2...;,'kla 34134, Grantee", WITNESSETIt that said grantor, for and in consideration ~:; :lie sum of TEN AND NOIl00's. ($1'0.00) DOLLARS, and other good and valuable consideration lo ~.:,:.! g:antor paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained .:o.d ,;old to the said grantee, and :;.. '. grantee's 'heirs and assigns forever, the following described real £:v:pe~',.y, situate, lying and be!ng in Collier County, Florida, to-wit: Tract 5, Wiggins Bay, Phase I, a subdivision, accordiug t~ the plat thereof recorded in Plat Book 13, pages 89 and 90~ of the lhtblic Records o: C..:llier County, Florida, together with a non-exclusive access aud utility easement ~';.:,'~ under and upon that part of the Tract 6 property legally and graphically de~:r':[:.:~ in the attached Exhibit "A' which is incorporated by reference hereiu, and which z:~..x:nent shall include the right to cons~truct improvements within such easement, :,;',~:i, :,s an incident to such construction'right, the Grantee shall have a furlher ease::.e;:~, to go ,pon any other portion of Tract 6, Wiggins Bay, Phase I, according to tL,.: ,'2~t thereof recorded in Plat Book 13, pages 89 and 90, of the Public Records of ,?..:L.r Couuty, Florida, as is reasonably necessary to perform said construction. ADDITIONAL PROVISIONS OF THIS DEED ARE SET ~'C L'FH IN EXHIBIT "B" WHICH IS INCORPORATED BY REFERENCE HEREIN. GRANTOR HEREBY REPRESENTS AND WA1Lt..:,r~TS THAT THE HEREINDESCRIBED PROPERTY IS UNIMPROVED PROPEC':I'Y AND IS NOT THE HOMESTEAD OF THE GRANTOR, AND THAT HE RI=-.5.;~:')~S AT 411 HENLEY DRIVE, NAPLES, FLORIDA 34104 and said grantor does hereby fully warrant the title to said land, a~g ~.A:I de'fend the same against the lawful claims of all persons whomsoever. · 'Grantor' ind '~ramcc' ~,re used I'or sin~,,ilar ar~ plt~ral, as co.'Iici.; ~..,uircs. AGENDA ITigA WARRAmY D Y.D (ST^TUTO tY SV. CnO .02. tau day of ~ T. I:flGGS, INDIYIDUALLY AND AS TRUSTEE, whose post offlc~ adda'cu is 2666 Aftpm~ Road South. Naples. Florida 34112, Grantor*, and ad~o~ 80 Laurel Oak Drive, Suite 500, Naples, FL. 34108 V/ITNF_~SETH dmt said grantor, for and in consideration of tho sum of TEN AND NO/100% ($10.00) DOLLARS, and other good and valuable oomlcleratlon Io said grantor paid by said ~_-.-_-, ~o re~ipt whereof is hereby acknowledged, has grunted, bargained and sum m thc laid ~ante~ and grante~'s ]~eirs and assigns forever, tho following descn%e2 r~tl proF~V, S~h~.% Tract 4, Wl~lns Bay, Phase I, a subdlvbiou, aecordl~ to the plat thereof in Plat Book 13, pqu 89 and 90, or the PuMie beordf or ~olilor ~ountyo Florida, Iogq~het with a non-~_ _,:4udve access and utility easement over, under and qmn the property dtscribed In the affs..hed Exhibit "A" which Is JneoqMrnted by referenee heroin, and which easement shall include the fl~bt'to construff tmprovunents wtthln such easement, smd, as an lnddat to such eottstmemm ~ the Grutee shall have a further easement to p upon a~ other portions or Tracts $ and ~, Wl~fu Phase I, accord_ t-.- to the plat thereof recorded In Plat Book .13, pap 8, and ~), of ~be l~_h,c F__-~_ rds of Collier County, Florida, ns ts ruMnably neeesnr7 Jo perfbFm ADDFI~ONAL PROVISIONS OF THIS DEleD AR~ $~T FORTH ~ EXIHBIT GRANTOR ~Y REFRI~ AND WARRAB?~ THAT TH]~ ~I~RIBtK) PROPHRTY IS UNIMPRO~ FROFI~TY AND IS NOT THB HOMP...STP. AD OF TH~ ORAlq~R, AND THAT I~ R~SlDF. S AT 411 ~ DRIV~ NAPLF_,S, FLORIDA 34104 and said grantor does hereby fully warrant the title to said In.d, nnd w~ d~fend the u.,._ npi.~ thc lawfnl claims of all persom whon~o~., t Gsm~l\ll$6$$.l -1- ' CB- 22 CB-~3 CB- 1 CB-8~ ;OVERED PARKING (TYP.,) '-24 JUNCTION BOX & 1.50 LF RCP TO BE REMOVED AND REROUTED ~ !2. 0 441N' EXISTING 30' OU IF'ALL TO SPREADER SWALE ,,,/P, c oo-0 ExIS TINC RETAININ WALL WIC xl ~lc.. oo - 1'3 2001 j SUBOIVISION SYJ~Y I~IL WIGGINS 8AY P14 I WIGGINS BAY VILL~S TI'~ COTTAGES AT GUI_.: q,,~.'JCl 4 31 4 43 13 B9-9~ 22 7~-75 3O 5~ NO, SUBDIVISION P.B. PG. NO. September 22, 2000 Mr ~?~~. Collier County ~_~'~ ~ Ltd ~ 3301 Tamiami Trail East Building H Naples FL 34112 Vacation of a Portion of a Drainage Easement in the Cove Towers Development (O.R. 2612, PG 2843) ABB PN 7840 Dear Mr. Finn: We are proposing to vacate a portion of the above drainage easement and are requesting your review of this letter of no objection. We are enclosing a copy of the proposed site plan with the proposed area highlighted on itand a copy of the sketch and description of the proposed vacation, which will be submitted to Collier County with the petition to vacate. If you are in agreement with this vacation please sign as indicated and return the letter to my attention. Your immediate attention in this matter would be greatly appreciated, please do not hesitate to contact me at our office should you have any questions regarding the above. Sincerely, A oli, Bar er, Brundage Project Coordina'tor Encl. 09-875v0.1~ Main Officc: 740(1 i-amiami Loc Counp,': IO25 Hcmh'x St.. Suite 101, F~*I't Datr / O "- % '--- ~ HO.~ 13 2001 ,c)41 ,334 !173 FAX: o41,~34-1175 llllkl'"l Iill Illlkl~ September 22, 2000 Mr. Stan Chrzanowski Collier County Engineering Review Water Management Development Services 2800 Horseshoe Drive North Naples FL 34104 RECEIVED Vacation of a Portion of a Drainage Easement in the Cove Towers Development (O.R. 2612, PG 2843) ABB PN 7840 Dear Mr. Chrzanowski: We are proposing to vacate a portion of the above drainage easement and are requesting your review of this letter of no objection. We are enclosing a copy of the proposed site plan with the proposed area highlighted on it and a copy of the sketch and description of the proposed vacation, which will be submitted to Collier County with the petition to vacate. If you are in agreement with this vacation please sign as indicated and return the letter to my attention. Your immediate attention in this matter would be greatly appreciated, please do not hesitate to contact me at our office should you have any questions regarding the above. Sincerely, /.Agnoli; Barl~er,('& Brundage Project Coordinator Encl.- 09-877vO.Itr "I have no object'IOn to the proposed vacation" Date .. ,')41 5t)-'-31 1 }:.&X:,~)41, Main Oftlcc: 741)0 'I ami~mfi Trail N., ,%~fizc.20(I, N,~plcs, Fl~rid,~ 341 IlS Lee Cmlntx': 102.~ Iicndr\ Sr.. 5uirc l()l, k~>t-t .\h c:'~. Flc)riJ,~ ~391)1 ,1111 r.,, /' kGNOLI September 22, 2000 Mr. Thomas Kuck, P.E. Collier County Engineering Review Development Services 2800 Horseshoe Drive North Naples FL 34104 Vacation of a Portion of a Drainage Easement in the Cove Towers Development (O.R. 2612, PG 2843) ABB PN 7840 Dear Mr. Kuck: We are proposing to vacate a portion of the above drainage easement and are requesting your review of this letter of no objection. We are enclosing a copy of the proposed site plan with the proposed area highlighted on it and a copy of the sketch and description of the proposed vacation, which will be submitted to Collier County with the petition to vacate. If you are in agreement with this vacation please sign as indicated and return the letter to my attention. Your immediate attention in this matter would be greatly appreciated, please do not hesitate to contact me at our office should you have any questions regarding the above. Sincerely, Ag~oli, B~/r~ber~& Brundage Project Coordinator Encl. 09-875v0.1tr "I have ~ to the proposed vacatio~L Date ,941 ,941.334-1173 FAX:,c)4i 334-11-3 Main Oftice: 74t)(I 'l'ami.m~i Trail N.. buitc 20l). Naples. t-torida 341t)8 Lee County: 1625 Hcndrx .',t.. Suite 10l. };~rt .\lxcr,. Florida ZILE No.433 02×07 '01 09:13 ID:CC TRANSPORTATION FAX:659 5787 PAGE Poet-If Fax Note 7671 I~ of ' F~x # September 22, 2000 Mr. Ed Kant Cailler County Transportation Department Development Services 2705 Horseshoe Drive South Naples FL 34104 FEB 0 7 2001 RE[.;EIYEL Vacation of a Portion of a Draitmgc Easement in the Cove Towers Development (O.R. 2612, PG 2843) ABB PN 7840 Dom' Mr. Kant: We ate proposing to vacate a portion of the above drainage em~ement and are requesting your review of this letter of no objection. We ute enclosing a copy of the proposed site plan with the proposed area highlighted on it and a copy of the sketch and description of the prol~*sed vacation, which will be submitted to Collier County with the petition to vacate. If you me in agreement with this vacation please sign as indicated and return the letter to my attention. Your immediate attention in this matter would be greatly appreciated, please do not hesitate to contact me at our office should you have any questions resarding the above. Sincerely, Project Coord~ Encl. 09-877v0.1tt Mum Office: 7,tl)0 Tamtami t'rail N, Store 200, Naples, f'lodda 3.} 108 Lee Cmmt'y: [{~25 He,dry 5r, .State !Ali, Fort Myers, }:[ocda 33901 !']lll~-i ...... jl~nBF'A,.. ]L.~PqUI_,I September 22, 2000 Mr. George Page Cove Towers Condominium Association 24301 Walden Center Drive Bonita Springs FL 34134 Vacation of a Portion of a Drainage Easement in the Cove Towers Development (O.R. 2612, PG 2843) ABB PN 7840 Dear Mr. Page: We are proposing to vacate a portion of the above drainage easement and are requesting your review of this letter of no objection. We are enclosing a copy of the proposed site plan with the proposed area highlighted on it and a copy of the sketch and description of the proposed vacation, which will be submitted to Collier County with the petition to vacate. If you are in agreement with this vacation please sign as indicated and return the letter to my attention. Your immediate attention in this matter would be greatly appreciated, please do not hesitate to contact me at our office should you have any questions regarding the above. Sincerely, ~a, rb~age ,Xc?o Project Coordih'ator Encl. ~ 09-879v0.1tr "I have no Obje, Date Main Or'floc: -41/~'i I amiami '::ai! N.. Suite 2(1()..N ~,k.'$.. t-i, )~ ~da 3410,~ !ion ta the"~., opose~l vacat{f?K' f A.'..---~- . .... / ~41.5~~- 311'_ FAX: ~4i t*41 334 li-3 F.-hX:,~;41 I '~ ~ ' ' '" [ ,) hl~p:.//www.r, oilietWx.coffl/l~eco~dDelill. Mp?FoliOi l)'-I 18.~0240020 'ON BNOHd NB/SAS ×ld.:l .'+~e~eue~ OR: 2223 PG' 0973 P~ge 2 o~ B J FEB. ~ 2Etl~l 09:58AM P2 Zlllt Uf,,Ua ~ al ':llg-./I Ii~ 1.1t CORi~cnvg FLORIDA. THIS ~lvI~tT TO'SUlt, FACI~ WATI~ Dlt,nll~(ll~ .~aA,..C~I~IT~ (this "AmmMmmt~ is made this 31" d~ of'Jmum'Y, 2001 b~ BAY COLONY - GATLrWAY, INC., c~ mi,~., s~im ~ aoaita~~ t'tod~ ~x34 (the ~ ~ -1.- ~'"~ 13 2001 FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : . FEB. 05 2001 09:59AM P5 ~~m~~ ~ . _ .......... i~5 ~~ ~F~~ 1~ m O.~ ~21~, P~ z~, m ~ j'. h ~ ss the owu~ ot'~ ahuPl~ ~b a~ t° dM Tracts eudas d~ -2* FEB. 05 2801 10:00AM P4 0301';" *'~*'. ~" usemem stmwn'm~ ~ 1 of'~ mmcbed to er.h of*the [gg'J"~ and tbs 199~ hereby, do ~~ qnee to mnend the .a~ruement ss Follows: It, AY COLONY GA~AY. ngC., -3- FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : FEB. 0S 2~1 10:BOAM P5 ~t~l~n C. 1Ner~ Printed Nan~e of'Notary CC -4- t>.:t,? !3 2~3SI FROM : AG~OL! BARBER BRUNDAGE PHONE NO. : FEB. 05 ~1 10:lD1~d'l P6 I'~X2 !3 2001 FROM : AGNOLI BARBER BRUNDAGE PHONE ND. .' FEB. 05 2001 10:02AM P? i m_/7 ~ r.:J 13 2001 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT A SETTLEMENT PROPOSAL IN THE CASE OF WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, INC., ET AL vs. COLLIER COUNTY and BIC'S INVESTMENT CORPORATION, CASE NO. 98-2540-CA and CASE NO.98-3135-CA PENDING IN THE TVVENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA OBJECTIVE: FOR THE BOARD TO CONSIDER AND APPROVE A SETTLEMENT PROPOSAL BETVVEEN THE PLAINTIFFS AND THE DEFENDANTS, IN THE CASE ENTITLED Walden Oaks of Naples Homeowners Association, Inc., et. al vs. Collier County and Bic's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA. These cases are pending in the Circuit Court in and for Collier County, Florida. There are no monetary considerations as to this proposed settlement. The Memorandum of Settlement between the parties outlines the terms and conditions of the proposed settlement. The primary focus of the Memorandum of Settlement are planning considerations as they relate to the Princess park PUD Ordinances, Collier County Ordinances 84-34 and 90-53. CONSIDERATIONS: On July 16, 1998, and September 3, 1998, the above named plaintiffs filed two separate actions in circuit court against Collier County and Bids Investment Corporation requesting judicial review of decisions made by the Planning Services Director and Collier County Planning Commission [CCPC], which decisions determined that certain changes and additions to uses to those outlined in the Princess Park PUD Ordinances did not constitute substantial changes to either the PUD orthe PUD Master Plan. Pursuant to direction of the circuit court, the parties entered into mediation in efforts to resolve the disputed issues without further judicial review. After detailed good faith intensive mediation and negotiation sessions, the parties agreed upon an outline of a settlement of both cases. The terms and conditions of the settlement were incorporated into the attached Memorandum of Settlement, which was then circulated to all parties for both execution of the Memorandum and the initialing and attaching of necessary and referenced exhibits and attachments. To summarize the salient terms of the Memorandum of Settlement: In addition to the requirements of the Collier County Land Development Code ("LDC"), Collier County Ordinance 84-34 and 90-53 (the Princess Park PUD Ordinances) and Collier County Planning Commission ("CCPC") Resolution #98-26, the following shall apply as to Princess Park: 1. There will be no exterior audio (sound) systems installed or utilized at -1- AGENDA ~ NO. _L.g_ -'--~ ~/, ~/o, Pi[. ~ the Park and there will be no outdoor music or speakers. o There will be no increase in the intensity of the exterior lighting of or at the Park from that existing on April 30, 1999 which is represented by the pictures attached as Composite Exhibit "B" to the Memorandum of Settlement. Bic's will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of the Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigation system(s)) prepared, reviewed and approved in accordance with the LDC, along the areas indicated on Exhibit "D" to the Memorandum and installation shall be complete no later than ninety (90) days after the Effective Date. The current roller coaster which is called by the manufacturer name, The Dragon Wheel, which is approximately eighteen feet (18') high; one hundred twenty feet (120') long and forty feet (40') wide, will be maintained at its current location, as depicted on Exhibit "D" to the Memorandum, and any replacement ride therefor shall be of a height, size, type, character and scale no greater than said current roller coaster and that pursuant to the manufacturer's specifications is to be used by person(s) ages 2 through 8. A) East of the line denoted as the "demarcation line" on the Exhibit "C" to the Memorandum, there currently exists the rides and/or uses as noted thereon. East of the "demarcation line", there will be no changes or alterations to the type of rides or facilities, nor shall there be any additions to the current existing rides or facilities depicted on said Exhibit "C" to the Memorandum. B) West of the above-noted "demarcation line" Bids (subject to County approval) may install one additional "kiddie ride", i.e. a ride that pursuant to the manufacturer's specifications is to be used by persons ages 2 years through 8 years, and of a height not to exceed seventeen feet (17') above current grade which will be established by Bic's prior to any construction or moving of soil; for which the plaintiffs agree not to contest its approval by the County. Bids may install and operate a "kiddie water play area", at the location depicted and denoted as such on Exhibit "C" to the memorandum, said "kiddie water play area" identified as the interactive Water Play System Model 245, covering an approximate -2- NO. 1~ ' - ~//.~/o/ '7.-- area of 32' x 34.4'; not to exceed seventeen feet (17') in height above the current grade which will be established by Bic's prior to any construction or moving of soil. Bic's will not install, construct, operate or add any additional rides or amusement facilities without the plaintiff's consent beyond those described herein without Bic's having previously applied to Collier County for the approval of the Board of County Commissioners of the County of an amendment to the Princess Park PUD Master Plan as a substantial change to the Princess Park PUD Master Plan. Bic's shall, not less than 15 days prior to submittal of any application to the County, provide the plaintiffs with one (1) complete set of said submittal. Bic's will not install, construct or operate the waterslide approved as part of PD1-98-2 and CCPC Resolution #98-26. As the actions outlined in the Memorandum of Settlement constitute the resolution of issues involving land development regulations, the Memorandum of Settlement must be reviewed by the Planning Commission at a duly advertised public hearing, and thereafter at a duly advertised meeting of the Board of County Commissioners of Collier County. The Planning Services Director and the Office of the County Attorney are recommending that the above described Memorandum of Settlement be accepted and approved by the Board and recommend that the Planning Commission forward the Memorandum of Settlement to the Board of County Commissioners with a recommendation of approval. Staff has been advised that two of the original parties to the litigation, Mr. Kenvin and Sylvia Blum, no longer own property in the Walden Oaks community. This item was heard and considered by the Planning Commission at it's regular meeting of February 15, 2001, and was unanimously recommended for approval, with two minor modifications, which modifications were accepted by the parties. The modifications are: 1) the releases referenced in Paragraph 10 will in no way abrogate the County's police powers; and 2) paragraph 15 will be revised to reflect that each party will bear its own fees in any proceedings to enforce the Memorandum of Settlement. No one from the public spoke to this item. FISCAL IMPACT: Approval of the Memorandum of Settlement as such has no fiscal impact on the County. Settlement of this litigation results in no further litigation costs or expenses being incurred in this matter. GROWTH MANAGEMENT IMPACT: None. -3- ENVIRONMENTAL ISSUES: None. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. RECOMMENDATION: That the attached Memorandum of Settlement be accepted and approved by the Board of County Commissioners, as modified, approval of which would settle both lawsuits pursuant to the terms outlined therein, and to have the Board of County Commissioners authorize the Chairman to thereafter execute the Memorandum of Settlement. PREPARED BY: Marjori&JM. Student, '- Assistant County Attorney REVIEWED BY: DATE Robert Mulhere~ AICP; - DATE PLanning Services Director "~usan Murray, AICP Chief Planner APPROVED BY: DATE David C. Weige~, ~ount~Attorney Collier County Attorney Office DATE Jol~' M. Dunnuck III, Interim Administrator Cot~hmunity Development and Environmental Services Division -4- DATE MEMORANDUM OF SETTLEMENT CONTINGENT UPON BOARD OF COUNTY COMMISSIONERS APPROVAL AT AN ADVERTISED PUBLIC HEARING This Memorandum of Settlement (hereinafter referred to as "Memorandum") entered into as of this day of , __, by and between the following parties: WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter "Walden Oaks"); HUNTINGTON HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter "Huntington"); BARRINGTON CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter "Barrington"); ALAN SMALL, individually (hereinafter "Small"); N. PAUL SAN FILIPPO, individually (hereinafter "San Filippo"); SYLVIA BLUM, individually (hereinafter "Blum"); FRED KENVIN, individually (hereinafter"Kenvin"); and PIERRE GRAU, individually (hereinafter "Grau"); all of said parties hereinafter referred to as "Residents"; and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (and its planning commission, the Collier County Planning Commission), hereinafter referred to as the "County"; and BIC'S INVESTMENT CORPORATION, a Florida corporation, its successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Bic's". WHEREAS, Bic's is the owner in fee simple of the real property described on Exhibit "A", which real properly and improvements thereon are known as King Richard's Park (the "Park" and may also hereinafter be referred to as the "subject property"); and WHEREAS, the Residents, the County and Bic's are all parties to that certain litigation currently pending in the Circuit Court in and for Collier County, Florida in the following numbered cases: Case #98-2540-CA and Case #98-3135-CA; all of such actions being collectively referred to as the "Litigation"; and WHEREAS, all of the parties have negotiated in good faith in two (2) half day sessions of intensive mediation proceedings followed by teleconferences in an attempt to Walden\Writ\Sett-Agr-Red Rev. 7-30-99 Pg,__ obtain a resolution of the Litigation in a fashion that would recognize the desires of the various parties and obtain a resolution of the Litigation; and WHEREAS, during the course of said mediation proceedings the parties have come to a better understanding of the concerns and needs of the other parties; and WHEREAS, the parties have resolved the outstanding issues outlined in the Litigation and have entered into this Memorandum to memorialize the agreements entered into among the parties during the mediation proceedings. WITNESSETH NOW THEREFORE, for and in consideration of the premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: The Parties will postpone all activities concerning the Litigation pending completion of the terms of this Memorandum. 2. The Parties covenant and agree to the following as to King Richard's Park: 1) Bic's will promptly obtain the consent and joinder to this Memorandum of any person or party holding, owning or possessing any interest in the subject property including any holders of any mortgage. As of this date, Bic's warrants and represents that it is the sole owner in fee simple title of the real property described on Exhibit "A" and that the only mortgages and/or encumbrances are those as listed on the attached Exhibit "A-2". 2) In addition to the requirements of the Collier County Land Development Code ("LDC"), Collier County Ordinance 84-34 and 90-53 (the Princess Park PUD Ordinances) and Collier County Planning Commission ("CCPC") Resolution #98-26, the following shall apply as to the Park and the subject property: 1) There will be no exterior audio (sound) systems installed or utilized at the Park and there will be no outdoor music or speakers. 2) There will be no increase in the intensity of the exterior lighting of or at the Park from that existing on April 30, 1999 which is represented by the pictures attached as Composite Exhibit "B" hereto. 3) Bic's will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of this Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigation system(s)) prepared, reviewed Walden\Writ\Sett:Agr-Red Rev. 7-30-99 AGENDA ITEM, No ....... CL22; P~. (~__ age 2 of 9 3) 4) Bic's will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of this Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigationsystem(s)) prepared, reviewed and approved in accordance with the LDC, along the area indicated on Exhibit "J2~'. Installation shall be complete nolt r q later than ninety (90) days after the Effective Date. The current roller coaster which is called by the manufacturer name, The Dragon Wheel, which is approximately eighteen feet (18') high~ one hundred twenty feet (120') long and forty feet (40') wide, will-b~e~ maintained at its current location, as depicted on attached Exhibit and any replacement ride therefor shall be of a height, size, typ~e,~'~_(~ character and scale no greater than said current roller coaster and that pursuant to the manufacturer's specifications is to be used by person(s) ages 2 through 8. 5) A) East of the line denoted as the "demarcation line" on the attached Exhibit "C", there currently exists the rides and/or uses as noted thereon. East of the "demarcation line", there will be no changes or alterations to the type of rides or facilities, nor shall there be any additions to the current existing fides or facilities depicted on said Exhibit "C". 6) B) West of the above-noted "demarcation line" Bic's (subject to County approval) may install one additional "kiddie fide", i.e. a ride that pursuant to the manufacturer's specifications is to be used by persons ages 2 ye,,ars through 8 years, and of a height not to exceed seventeen feet (17) above current grade which will be establishecllby/V[%/ Bics prior to a~r construction or moving of soil; for which the Residents a~ee not to contest its approval by the County. Bic's may install and operate a "kiddie water play area", at the location depicted and denoted· as such on the attached Exhibit "C", said "kiddie water play area"~denfified as ~ ~..~,..-o,,4,,,~ wot~ r~!ay q.,~ ,, ,~ ~ ~, ~attached Exhibit "D"~-, covering an approximate area of 32' x 34.4'; not to exceed seventeen feet (17') in height above the current grade which will be established by Bics prior to any construction or moving of soil. Walden\Writ\Sett-Agr-Red Rev. 7-30-99 7) 8) 9) 12) 14) Bic's will not install, construct, operate or add any additional rides or amusement facilities without the Residents' consent beyond those described herein without Bic's having previously applied to Collier County for the approval of the Board of County Commissioners of the County of an amendment to the Princess Park PUD Master Plan as a substantial change to the Princess Park PUD Master Plan. Bic's shall, not less than 15 days prior to submittal of any application to the County, provide Residents with one (1) complete set of said submittal. Bic's will not install, construct or operate the waterslide approved as part of PDI-98-2 and CCPC Resolution #98-26. Upon approval of this Memorandum of Settlement by the Collier County Planning Commission and the Board of County Commissioners of the County and the completion of the installation of the landscaping as required above herein, the parties will file a stipulation for dismissal with prejudice of the Litigation. Upon dismissal of the Litigation, each party shall execute and deliver to each other party a general release from and against any claims, actions or liability in connection with the Litigation. This Agreement is binding upon the heirs, successors and personal representatives, and assigns of the parties hereto, and any party acquiring any interest in the King Richard's Park. This Settlement Agreement is subject to approval by the Collier County Planning Commission at its next available meeting date and approval by the Board of County Commissioners of the Count3' and will be considered at the next available County Commission meeting date, subject to any legal advertising requirements. However, nothing in this Settlement Agreement is intended to nor shall be interpreted to abrogate the County's police powers and authority. Each of the parties will pay a pro-rata share of the mediator's fees, i.e. Residents one-third, County one-third and Bic's one-third. Each of the parties shall bear their own attorneys fees and costs. Walden\Wnt\Sett-Agr-Red Rex,. 7-30-99 AGENDA LTEM The terms of this Memorandum of Settlement may be enforced by appropriate proceedings in the State Court of appropriate jurisdiction in Collier County, Florida and the prevailing party therein shall be awarded its costs, expenses and fees including but not limited to reasonable attorneys fees. WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, 1NC., a Florida not-for-profit Corporation Phnt Name: '-"'-'P~ Cq.C< ~ ~_. t...t4 Print Name: Print Nan~e:/~,,.~ ~G,,eq~/~az>/~ HUNTINGTON HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit Corporation Print Nai/ne: Title: Walden\Writ\Sett-Agr-Red Rev. 7-30-99 AGENDA_I'I3EM Pg..~ Print Name: l~"t,~R C~ 1!, n 6 BARRINGTON CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation By:/~ ~ PT~it~et: Name :~,,~,~_..~ Print Name: By: Alan Small, Individually Print Name: Print Name: ["~cexxc~ ('J_,O Il t' tis Print Name: . PaL~a~Fi'~p~ .!)4dually Print Name: By: Sylvia Blum, Individually Print Name: Walden\Writ\Sett-Agr-Red Rcv. 7-30-99 Print Name: By: Fred Kenvin, Individually Print Name: "Prim Na~e' Print Name: By: ' P(err~ ~J~'i' ihamed as Grau), Individually Walden\Writ\Sett-Agr-Red Roy. 7-30-99 AC-~.N DA rl?.M rage / or v' ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By:. JAMES D. CARTER, Phd., CHAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: Jot~. VDunnuck, ' i n c e r i m AdminisCrater ¢ . Commumty Development and Enviromnental Sen'ices COLLIER COUNTY PLANNING PLANNING COMMISSION Approved as to form and legal sufficiency: M ~a0'~e- FD. ~t-V Assistant County Attorney Walden\Writ\Sett-A gr-Red Rev. 7-30-99 AGENDA ITEM .-, ,~ ~/'~i'/~, pg. l Print Name: BIC'S INVESTMENT~.I~ORATION, a rporation prl~t Name: ...,...~d.,~_"r :~. "~tC~g. kC:: Print Name: Walden\Writ\Sett-Agr-Rcd Rex'. 7-30-99 AGENDA ITEM ~,. ~~.~,...., .... ~/ ~ ~ /'~, , P-:~'.cny Appraise¢'$ Pa¢ccJ idcnfi~c,Iion No. 2160712 OR: 2296 PG: 199 ~ m I1.11 ~-.II II1~.~ TI{IS WARILANI'y DEED. made Ihe 7lb ~drc~ ~ 67~0 A~o~t E~a~. Florida 34 (Wherever us~ h:~cin. ~h~ Itrms 'Gr=nlor" and the heirz, lei,I rcp~cscntllJve~ ~nd ~signs of indivldui~. I~ ~he ]~cessoq I~ ~sljm or co~ra WlTHESSETH: Thn( (h~ G~=mor, Jar ~ ~n comldera[lun o[ Ibc Jura o( Ten Doll[ri (S ~0~) ocher ~aluable confiderado~, ~cce~p( o~ whtch ColI~. Coumy. Florida, SEE EXHIOIT '^' ATTACHED HERETO. MADE A PART HEREOF AND iNCORPORATED HEREIN BY THIS R~FERENCE. TOO ETHER wid~ .Il Lhe Icnemems. I,c~edi~.mem~ and appurtenant, thereto TO HAVE AND TO HOLD. ~hc l~me in r~t ~impfe forever, m [~a l~mp~e: m~l Iht ~r~mor has Ja~ right and Ilwful lulhorky Io ltJ[ i~ hereby Warrl~i~ Ihe ~hlc lo ~*;d land and will defend Ihe I~me ~8~;n~l Lhe lawful ct,lm~ of ,Il ~r~onl clllmlnI by. Ihroulh o~ u~r Granior; ~ Iha~ 111~ land i~ free of all c~brl~el. a~ve wr~uen. Signed. Sc:dod and Ddivu~rd a~ to E3ch CrJnlor ;n ~hc Pr e~em:e' or: EXHIBIT "A" ~t OR: 2296 PO; 2000 ttt LF..G A,b D ,F~CRII~FION Thc North I/.l al'the South 1/2 of thc SW 1/4 or ihe SW ]ltl or Section I, Township 49 $oulh, Rl~nic 2~ ~s(, Collier C~nly, Florida, less iht We~t I~ fee~ lhe~of, p~viously rcse~ed for road right-of-way pu~oscs. EXHIBIT ' A" NO. Illllll.t! Illfl#,fl I~IC-,H HII.II lrl-,lll Ifil.ti Itel: IAJ, L~ IIU~ ~ __(~p,c~ ~bovc Ihi~ [1~ ~or rceordin! d.~.)_ THIS IS A BALLOON MORTGAO£ AND TIlE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $8J7,10~.12, TOOETHER WITH ACCRUED INTEREST. IF ANY. AND ALL ADYANCEMF-NTS MADE BY TI. IF. MORTGAOEE UNDER THE[TERMS OF TI'I{$ MORTGAGE. THIS MORTGAGE ls mede u orlhir 7th day of M.rch, 1997, bclween Ibc MorlEelor. ~lc'. Inve.rn~nt Coq~oreflon, a Flodds co~oretion, whole addre]s le 6780 Airport Roed..Naplel. lalorlda 34 log, (collectively herein "Marl~a$or"), and the Morl$agee. Weslbur7 Pro~rtie$, Inc., a Florida corporation, whose addrc~r h ! I00 Burfoak Drive, First Floor, Budinglon, Onlarlo LTL 6132, (~(cln 'Monpiee'). WHEREAS. MorulaBor I~ i~ct~ed to Mongqlec in dec principal ;urn of ONE MILLION AND NO/tOOTH DOLLARS ($1.00(3,000.001 which indtbl~:dtleis il evidenced by Mort~lgar'~ Ptami.nry or even date herewith (the 'Nolo'). which Nme is finally .Jut Ind pgylbl¢ on March 7. 2002..nd thc lam of '~hich No~c are by dds reference incorporated herein. A I~e copy of lbs Nole WtfEREAS, to secure to ~.1orlg.~gee (si the rcpaymen! o[ thc Indebtcdnc. evidenced by intcrc]t thereon, and In7 [enewaN. cxicn~ion3 or n~i~catJo~ to the Nole, and Ihe performs~e of Ihs cove~ntl end Ilreemcntl of MErlEs[or hcrcin coma;ned, [b) I~ payment of all mher au~, with I~a~u I~reon, othc~ chzrgcl, liabtlk[cs, obliladons ~nd Indebtedness or ~Orlilgor la or for ~he ~efil of Monizi~. whenever zrhinl, in co~tlon wflh d~c Ho(e or alherwisc. ~ any renewils, ellen[iota or mod[~ca~ns Iher~a. collectively re[erred to u d~c "Secured I~eblcdn~[~"}; MottEagor do. hereby morlga~e, Mortgagee Ibc fo)lowing described propc~y I~u[~ in the County o~ Collier, ~la[e oF Flortdl: SEE EXHIBIT 'B' A'CTACNEO ItERETO & MADE A PART HEREOF. TOGETHER whh all buildinl~, slruc(urei, alxl other impro~,crr~n(i now or hcrearler cfcclcd on ~hc properly, ~1[ mllcTjt[I delivered m thc propcAy for d~c use a~ open[ion of said ptope~y or for use in any coml~cd~n ~in[ co~uczcd Iher~on 3nd OWned by MOrtgasor. and ~ eascmems, zonin~ vlrignc¢l, scnitude~. privileges, a~u~cn~nccs, riparian riKh~s, righl~. :,ppur[cnanccs. r~n[~, royalties, profits, revenue, inco~, mincr.I. oil a~ ~. righ,s and pto~ls. Walcr. wa.~t rights, arid water 5took. now Or hcrcnR~r rc~icinl in .ny m~r to ~hc pr~y. a~ including all ri~hfs oF i.~rcss and ~ruRs m and [rom adjoinin~ properly (wh~hcr ~uch ~l~s n~ exist or subsequently nri~c); In,ether whh .:ill nm~hh~cr)', apparaZus, eq~pmc~l, inYc~o~. Kc~at~ ~Keivlblt. waicr a~ sewer eXlcn~io~s, imcrinf r.:,dwh)', cumr~cl fibres, all langlblc a~ J;llanglblt ~1 pr~ necdsa~ for er use~ h~ connection with Ibc pre. Fly ur rch. cd lo iht prupcny, nil ce~c~n t¢la[~ ~. MoqillOr"s rilhts in [he name nr the dcvch:,pmcn[ lit Imyh finings, fi~l[ircs, whether am~lly or ~l~ivel7 rc~wal d~ercoL 108cthcr wiih any n,~ uti gunranlc~s Ihereo[ 3~ h~tuding dl pr~ ~ ~ ~ ~ z~ .dvx~e ~cn(als r~sc~ing Ia Men,agar cqmty or rcO~mprlon ri~h,s I~r~nn; t~ ~'~ ~ ~ MI ~ er payments, including intcrcs~ fl~crcon. :lnd tl~'ri~h~ m rccclvc ~ ~. ~ a foUlf ,1( ~ ~ ~ ~ of eminem Oom4jn or any o~hcr injnrf Ia, raking or or dccrc~jng ,~ vll~ or. L~ pr,~)., w ~ ~ ~ ~ amoums which m~y bc secured by ~hi~ Morl~,~ge a~ Ibc da~c o{ dK r~ci~ ~f ~' ~ a~ ~ ~ ~ EXHIBIT "A-2" NO. ¢©PY Napla. FIorldl Mirth 7. lBq7 FOP, VALUE RECEIVED, Bic's Invesuncn( Corpar~don. · Florida rorparl~l~n (the "Barrowcr'). promlsa la pay m I~ order of W~i~ Prop;n;~, Ira.. a Florida co~radan (l~ "~nder'). ,~ ils Ihe Lc~er, Ibc pri~ip.l ~m o~ONE MILLION AND NOIl~l ~L~RS ($1,~,~.~), or b~lincc .s t~ fix~ in~eres~ ra(c or ~c,, pcrce.t (1o~) ~r ~nnum con~u~ d~Jly. ~ppli~d a~ ~ ,mou~ .f inl~rc~l io bc p~id on ~hr oUmunding ~e or pflncip~[ c~idc~ her~b7 c~l~l~ on ~n aSXumrd year of 3~ day~ for ~hc m~mber of da~ ~lually elapsed, nal to ercce~, however. Maaimum R,~e, as hcrcina[[cr dc~ncd. Bor~wrr agrees Io par Io Lc.der cvc~ monlhiy paymems 0~ Ten ~ou~a~ S~efl Hundrc~ Fo~y.li~ I~ ~ O~-hu~r~lh~ Dollars ($[0.746.0~) h~s~ un I [ully I~r[izin~ loan over ~[teen (Ii) zcvcmh d~ or evc~ mon(l~ co~encing April 7, I~T ~ continuing ~nli[ ma~uHl~ on March 7. Borrower shall hu~'c ~he rijht at any H~ and from limf ~o lime. iQ prepay lac unpaid principal ~ccm~ I~erell IO ~h~ date of such pr~p~.ymen[ on ~ny amounl propel4. Borrower'l [~llum [o p~y any a~fl~ due, Thir Promissory Nole I"Nolc') is ~d'crred lo as Ihe 'Noir' in ,he Mortgage. Security Rireem, cm and A~sig~nt of Rcn(s a~ ProFd~ [rom Borrower m l¢~cr ercven de(c herewith (lhe 'Mo~lgg'), ~he ~uaran~y or crcdi( evlde~ed by dds Holt, T~is No~c is. wtlhour limitation, secur~ by a~ cnlkl~ Io I~ ~nc~is or t~ Mo~g~le. a~ ~y loin mgreemenl. &qnranty, coll~crm) m~ilnmenl. s~urhy agrrcment, committal I~ter a~ io le~cr, whe~r direo or i~ireo, absolute er candngrn~, due er to bec~c due, Or pew or hereafter ~;stJng Securing or reletinB lo II~is Nme or o~hcr exlcnsians of credit (rom leper m Borrowch or any exlerlsiom a~ renewals Ihereor, ire collectively rcErr~ to herein 1~ II1c "Sccurhy D~um~nts,' 2. Borrower. any indor~er hcrcnr ,)r 3,qy olher par[y herein (colt~clivcly "Obligors") and each oflh~m joindy and levrrally [( mur~ d~n uno: ii) wa;reis) prcscnimu~tl, dcntal~. ~lodcc u~ de. and I~ ~1~c¢ o( ecceleralion or Rlhluri[~, prulcsl, nnli~c ur pro~l and IlOdCc of no~aynlcni, no~ie¢ o~ disho~r. ~ any a~t no(~ce required Io ~ given under Ibc [u~' h~ ~ly ut' Obligors, in conncction wilh Iht ~CliVc~. arrogance, DOcu~RIS: (H) coRsenl(s) ~n nil)' and :dj d~[:~y~ c~(uns[c)n~, rvncwals Or alhcr ~11odil~cRljons BI [hil Ng~e or Ibc I~ta~ (whhou~ notice [o or further :~scn~ l'~m =ny or Obl[[or~) an~ ai~cc(s) Ih,~[ .u suc~ acdon, failure m ~ Of Any ObligOrs or be Const~ed 3~ ~ waiver by ic~lcr al', or othcrw;~ a~m. :,.y of Icltder'~ rishu under Ihts a~dtor Ihe ~nrnlcef~en~ nf lender's rivhts with f~spcct tO. or ~l~ ad~li~iS~r~lJo~. Su~rvi~iOn, pfese~i~on, pro~cl~on o[, or r~li~lliOn upon. any O~nlwriy securing p.synlc~[ h~rco(, includhl~, whhou[ Ilm[lalion. r~[$oflable 3llorney'~ fees, i.cluding rets rnr upFc{131c ~vurk. EXHIBITA AGEN[ NO. MORTGAGED PROPERTY Thc Norlh 1t2 nf Ih¢ Snulh I/] or ihe .~W 114 or ihe SW 114 of Section 1. Town~hip 49 Sou h. R~nge 2~ Earl. Collier Coum?, Florida, less [he Wc~l I~ fcc~ [hereof, previously ~erved for rO~d righ~-~f. way pu~s. EXHIBIT ' B" EXHIBIT "B" AGENDA ITeM NO. _J.~..._~_ _ ~17 ? I,~/ EXHIBIT "B" AC-,-~NDA ITEM ~//~/o,,- Pg. ~ EXHIBIT "B" AGENDA IT~.,M NO. ~~ - .i Z ..! AGENDA I-~M ?f"~ ~/~, P~. ~ EXECUTIVE SUMMARY PETITION PUD-00-16, ROBERT DUANE OF HOLE, MONTES & ASSOCIATES, REPRESENTING RALPH ABERICA, REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COLLIER BOULEVARD MIXED USE COMMERCE CENTER PUD ALLOWING FOR RESIDENTIAL, COMMERCIAL RETAIL AND OFFICE LAND USES FOR PROPERTY LOCATED ON THE NORTHWEST QUADRANT OF THE INTERSECTION OF 1-75 AND COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. t OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The subject is located within Interchange Activity Center #9, is proposed for a mix of commercial, office and residential land uses. The maximum number of residential dwelling units is 433 on a 43.3- acre residential tract that results in a density of 10 units per acre. The 25.3-acre commercial tract will permit a maximum of 240,000 square feet or retail floor area and 30,000 square feet of office floor area. Access is provided from an existing unsignalized median opening on Collier Boulevard which intersects with Magnolia Pond Drive (Access Road #2), a 60-foot access easement that runs along the north side of' the property. The subject site 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. This designation will also allow residential density up to 16 units per acre. As a result, the residential density of 10 units per acre along with the proposed commercial and office uses are consistent with the Growth Management Plan. It should be noted that developments within Activity Center #9 are subject to the requirements of the Interchange Master Plan (IMP) that was approved by the BCC during their November 28th meeting. 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 desin themes A GFJ~.') A ITELM The Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone will generate approximately 9,465 Weekday trips at buildout in 2006. The current traffic count for the segment of Collier Boulevard (C.R. 951) fronting the project is 33,727 and is operating at LOS "D". Based on the analysis in the TIS, the site-generated trips exceed the significance test standard (5 percent of the LOS "C'? design volume) on CR-951 fronting the project and on Davis Boulevard within the project's radius of development influence. However. the segment Collier Boulevard is projected to operate at an acceptable level of service at buildout in 2006. It should be noted that the link of Davis Boulevard (SR-84), east of Radio Road is currently deficient. This link has previously been deemed by the BCC not to be a significant factor in regards to Adequate Public Facilities (APF) Ordinance since this deficient segment is less than a quarter mile in length. However, Policies 5.1 and 5.2 of the Transportation Element basically states the following. The BCC will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating at an unacceptable level of sen'ice unless specific mitigating stipulations are approved. A significant impact is defined as generating a volume of traffic equal to or greater than 5 percent of the minimum standard level of service peak hour volume of an impacted roadway. As a form of mitigation, the petitioner incorporated a stipulation into the PUD Document that was developed in conjunction with the Transportation Services Division. This stipulation recognizes the need to provide for future roadway improvements in Road Impact Fee District 2, and to provide tbr mitigation pursuant to Policy 5.1 and 5.2 of the Transportation Element until such time as Davis Boulevard just to the west of Collier Boulevard is improved from two to lbur lanes, the Collier Boulevard Mixed Use Commerce Center will advance its payments of estimated road impact fees upon approval by the BCC of the Final Subdivision Plat and prior to recording, to be paid for the area included in the Plat, which shall be deemed to satisfy the road component requirements of the Adequate Public Facilities Ordinance for said platted area. The developer shall reserve an area 60 feet in width from where the existing limited access right-of-way for Interstate 75 intersects with Collier Boulevard on the same side as developer's property and parallel to the right-of-way, for the potential future reconfiguration of this quadrant of the Interstate interchange. The reservation area mav be credited by developer toward required vegetation preservation. Buildings shall maintain a 75-foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage improvements and similar accessory uses may be located up to the edge of the reservation area. At such time as the Florida Department of Transportation implements plans for the widening of 1-75 in its Three-Year Work Program, and should an area less than the sixty (60) foot reservation area be needed, the developer may reduce the structural setback from Interstate 75 to a lesser amount~ subject to the maintenance requirements that may be in place at the time of such action and with the express approval of the Collier County Development Services and Transportation Divisions. However. a minin~um of fifteen (15) feet shall be provided from the future Interstate 75 right-of-way. 2 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 $751,958.52. For an average residential dwelling unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 433 units, the total amount of residential impact fees collected at build-out will total $1,193,781. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. 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 designation permits 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 GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County LDC. ENVIRONMENTAL ISSUES: The petitioner has submitted an Environmental Impact Statement (ELS) that indicates that the site contains 1.04-acres of SFWMD jurisdictional wetlands. Because of the small size of the wetland, the District considers the area secondarily impacted. As a result, the entire 1.04-acre area is proposed for development. Mitigation will be proposed within the Panther Island Mitigation Bank. 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 and they recommended approval by a 6 to 0 vote subject to stipulations that have incorporated into the PUD document. This includes the requirement that all environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules. 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. They also suggested that the BCC look at possible mitigation measures for the project's impact on Davis Boulevard. 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-00-16 subject to the conditions of approval as described the PUD document and attached to the,~;;krdinanc~ of Adoption and Exhibits made a part of this executive summary. ~ ~ PREPARED BY: RAY~~ LoewS, P~~CIPAL pL C:RRENT PLANNING SECTIONANNER k~ik'X[~O, AICP, MANAGER CURRENT PLANNING SECTION ROBER'~ J. MULHERE, AICP, DIRECTOR PLANNING S_ERVICES DEPARTMENT NORMAN FE, DER, AICP, ADMINISTRATOR TRANSPORTATION DIVISION D,~TE/ DATE DATE _~,. 4 ,/, --., DATE APPROVED BY: JOHN ICi. DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-00-16'EX SUMMARY :RVB:rb DATE MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: OCTOBER 31, 2000 PETITION NO: PUD-00-16, COLLIER CENTER PUD BLVD. MIXED USE COMMERCE AGENT/APPLICANT: Agent: Owner: Mr. Robert Duane Hole. Montes & Associates 715 Tenth Street South Naples, Florida 34106 Auto Vehicle Parts Co. Post Office Box 17350 Covington, Kentucky 41017 Contract Purchaser: Ralph Abercia 314 Gentilly Houston, Texas 77024 GEOGRAPHIC LOCATION: The subject property, is located on the northwest quadrant of 1-75 and Collier Boulevard (C.R. 951) in Section 34, Township 49 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 to approve a rezone of the subject site from Agriculture to Planned Unit Development (PUD) to allow for residential, retail and office uses. PURPOSE/DESCRIPTION OF PROJECT: The subject 70-acre property, which is located within Interchange Activity Center #9, is proposed for a mix of commercial and residential land uses. The maximum number of residential dwelling units is 433 on a 43.3-acre residential tract that results in a density of 10 units per acre. The 25.3-acre commercial tract will permit a maximum of 240,000 square feet or retail floor area and 30,000 square feet of office floor area. Access is provided from an existing unsignalized median opening on Collier Boulevard which intersects with Magnolia Pond Drive (Access Road #2), a 60ofoot access easement that runs along the north side of the property. Residential and commercial uses will be in accordance with the draft Activity Center #9 Interchange Master Plan, which is not yet adopted. (]Rd '1 ¥ I I:1 15 fl 0 N I A y M - -I 0 - .L H ~ I I:! I, g 8 CI ¥ 0 I:1 A .L N ri 0 0 m I-' m >. -H < o < SIqlROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently undeveloped and zoned Agriculture. Surrounding: North: East: South: West: A vacant mixed use development known as the Golden Gate Commerce Park PUD. This PUD allows 343 dwelling units at a density of 7 units per acre. This density was set prior to the project being incorporated into Activity' Center #9. The commercial tract is 25.3 acres, which permits 240,000 square feet of retail uses and 30,000 square feet of office uses. C.R. 951 and the Collier County Water Treatment Plant and the undeveloped Citygate PUD. 1-75 and a mix of commercial and residential land uses. Undeveloped multi-family residential zoned Magnolia Pond PUD that was approved for 231 units and at a density' of 5.49 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban (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. 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 proposed rezone will generate approximately 9,465 Weekday trips at buildout in 2006. The current traffic count for the segment of Collier Boulevard (C.R. 951) fronting the project is 33,727 and is operating at LOS "B". Based on the analysis in the TIS, the site-generated trips exceed the significance test standard (5 percent of the LOS "C" design volume) on CR-951 fronting the project. However, this is projected to operate at an acceptable level of service at buildout in 2006. 2 Furthermore, the link specific service volumes for the peak hour indicate that the proposed petition will not cause the failure of any specific roadway link. Conversely, if a roadway link fails and is not improved, development may not proceed based on the Adequate Public Facilities (APF) Ordinance until such time as the improvements are made. It should be noted that the deficient link of SR-84 (east of Radio Road) has been deemed n0~ to be a significant factor in regards to APF Ordinance since the deficient segment is less than a quarter mile in length. As a result, this issue has been deemed a State problem by the Comprehensive Planning Department and not subject to the Collier County APF Ordinance. Lastly, Collier County has never held up a building permit for projects resulting from any "concurrency" issue on this segment of Davis Boulevard. Therefore, the petition is consistent with the Transportation Element of the Growth Management Plan. 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 1.04-acres of SFWMD jurisdictional wetlands. Because of the small size of the wetland, the District would consider the area secondarily impacted. As a result, the entire 1.04-acre area is proposed for development. Mitigation will be proposed within 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 at their next meeting in December prior to the BCC hearing this item. The Transportation Services has also recommended approval subject to intersection improvements. 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. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. 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 project to the west (the Magnolia Pond PUD) has been approved with similar residential uses and at a density of 5.4 units per acre. This PUD was granted a density bonus since it is within a density band. The approved Golden Gate Commerce Park allows for 7 units per acre. Since the 43.3-acre residential tract could be expanded into the 25.3-acre commercial tract thereby allowing more dwelling units, staff is not opposed to the proposed density of 10 units per acre, which is also less intensive than the commercial 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 I- 75/Alligator Alley PUD is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172,460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD to the east is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center #9 as depicted on the Future Land Use Map. Since this district permits commercial and residential uses (up to 16 units per acre), the proposed commercial/residential PUD is consistent with the GMP. These uses are also compatible with the commercial uses to the east and north. Given the urban influence impacting this area, the proposed rezone to allow a mixed-use development similar to those uses approved in this Interchange Activity' Center 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 Magnolia Pond Road (Access Road #2) has the required turn lanes and is in alignment with the access to the north. This alignment will allow traffic to access the Traffic Signal opposite the entrance to Citygate on C.R. 951. The intent is to improve the traffic flow relationship between this project and the Golden Gate Commerce Park. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-00-16 to the Board of County Commissioners with a recommendation for approval. PREPARED BY: RAY) ~.,LOWS, PRINCIPAL PLAN CL~ :,NT PLANNING SECTION R(~,kLb k: ~IZN-'~, AICP, MANAGER C~~ PL~G SE~ION PLANN~G SERVICES DEP~T~NT APPROVED BY: JO~ M. D~CK, III, INTERIM ADMINISTRATOR C0~IMUNITY DEV. AND ENVIRONMENTAL SVCS. FO-Jl' oO DATE DATE DATE Staff Report for the November 16, 2000, CCPC meeting. STAFF RLt'I~ORT/PUD-~- 16 SION: FINDINGS FOR PUD PUD-00-16 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitabilit3.' 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) Con: (i) The pattern of development of surrounding properties to the north and west is similar to the type of development proposed including the proposed density of 10 units per acre. 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. e Findine: 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 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 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" 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: None. Findine: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow 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 ma)' 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 Golden Gate Commerce Park PUD to the north. In addition, increased landscaping and buffering has been provided to buffer the residential neighborhood with the commercial and multi-family areas. 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. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. ~ ..... ,~ ~,~.;,~ The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The abiliD, of the subject properD' 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 25 acres of commercial zoning. However, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. o ConformiD' 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-00-16/RVB/rb REZONE FINDINGS PETITION PUD-00-16 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within Activity Center #9 as depicted on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. o Con: None Summary Findin£s: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted within this PUD are also consistent with the Golden Gate Commerce Park PUD that was recently approved to the north. The proposed commercial uses and residential density are consistent with the uses/density allowed within Activity Centers. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summar3' Findings: To the north is the approved mixed use Golden Gate Commerce Park PUD and to the east is the Citygate PUD. These are mixed-use commercial PUD projects within the Activity Center. The property to the west is an approved multi-family PUD that was approved at a density of 5.49 units per acre. To the south is 1-75 right-of- way. 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. Exhibit "B" ~ ' i' Con: None. Summary Findings: 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. 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 Findinlls: 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 necessaD~. 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 Findines: 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 Magnolia Pond Road. Con: (i) The commercial area could cause increased noise and traffic impacts on the nearby residences to the west. However, due to the proposed landscape and buffer areas and proximity to 1-75, the proposed PUD should not adversely impact the adjacent properties. . 2 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. V~hether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the Transportation Element. (ii') The property fronts directly on Magnolia Pond Road 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. Summary 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 rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summar~r Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed 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. 10. 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. Con: None. Summary FindinRs: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. or 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. 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 policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findines: The subject property 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. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 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 adjacent Estates subdivision to the east may feel that the proposed change is out of scale with the neighborhood. Summary Findines: 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. 16. 17. REZONE 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. The physical characteristics of the property and the degree of site alteration which would be required to make the propert5' 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. The subject site is adjacent to 1-75 and other commercial sites. Con: Development of the site may' create a need for additional fill and site alteration for infrastructure improvements. Summary Findin~Is: 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 availabilit5' of adequate public facilities and services consistent with the levels of service adopted in the Collier Count5' Growth Management Plan and as defined and implemented through the Collier CounD' 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-00-16/RVB/rb ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT Item V. MEETING OF NOVEMBER 1~ 2000 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: A pplicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-16 Collier Boulevard Mixed-Use Commerce Center PUD Auto Vehicle Parts Co. Hole, Montes & Associates, Inc. Southern Biomes, Inc. II. III. IV. LOCATION: The subject properly is an undeveloped 70.2 acre parcel located in the north-west quadrant of Collier Blvd. (County Road 951) and Interstate 1-75 in Section 34, Township 49 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property lies adjacent to two major roadways and undeveloped properties zoned PUD. ZONING DESCRIPTION N - PUD (Golden Gate Undeveloped Commerce Park) S - R.O.W. Interstate 1-75 E - R.O.W. Collier Blvd. W - PUD (Magnolia Pond) Undeveloped PROJECT DESCRIPTION: The property owner is proposing a rezone fi'om Agriculture to PUD in respons~e k~, changing market conditions consistent with the requirements of Activity CEnter '. EAC Meeting .......................................................................................... 10/12/00 Page 2 of 10 ~9. The proposed 70-acre Collier Boulevard Mixed Use Commerce Center PUD is a planned commercial/residential project allowing 433 residential dwelling units on a 43 acre tract (10 dwelling units per acre), 240,000 square feet of commercial uses, and 30,000 square feet of office uses. The Master Plan indicates that the main entrance road is from Access Road #2 which is a 60 foot access easement north of the subject property. This access easement also provides access to the lands to the north and west. Lastly, water and sev:er service are readily available to support development of the site, and it's location in an Activity Center of 1-75 and C.R. 951 make it suitable for the proposed mix of uses. V. 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 Interchange Activity Center permits the proposed mix of residential, commercial and office land uses. The commercial uses are intended to serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 units per acre. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses and the residential density of 10 units per acre is 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 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. ._10/12/00 EAC Meeting ....................................................................................... Page 3 of 10 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 wet retention/detention areas (lakes) 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". 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 and 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 has 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 wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". EAC Meeting .......................................................................................... 10/12/00 Page 4 of 10 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. Wetlands on this property are severely impacted with exotic vegetation and may not be considered viable. 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. VI. MAJOR ISSUES: Because of the amount of wetlands (1.4 ac) on site, this project will be permitted by the South Florida Water Management District (SWFMD). Water Management: The Water Management Plan for this site consists of interconnected lakes within the residential area that provide water quality retention and water quantity peak flow detention/attenuation. Staff agrees with the design control elevation and dry season water table. Discharge is to the west into a ditch running north to the main Golden Gate Canal. The ditch exists in an easement across this site, but maintenance is the responsibility of Collier County Stormwater Management Department. Environmental: Site Description: There are a total of 1.40 acres of wetlands, 0.38 acres of other surface waters (drainage ditch) and 68.40 acres of uplands on the subject property. Native habitats on site include saw palmetto prairie (12.60 acres), pine-cabbage palm- herbaceous (14.13 acres), pine forested flatwoods (30.62 acres), pine-cypress- herbaceous (2.15 acres) and pine-oak-bracken fern (0.99 acres). Also on site are 0.42 acres of Brazilian pepper and 8.89 acres of Melaleuca. EAC Meenng ......................................................................................... 10/16/00 FLUCFCS Code 411 Pine Forested Flatwoods The Natural Resources Conservation Service's soils map for the area indicates that there are three soil types on the subject property. About 8% of the site is comprised of Hallandale Fine Sand (Unit 11). This soil is located in the northwest comer of the property. Pineda Fine Sand, limestone substratum (Unit 14) occupies about 80% of the site, while Boca Fine Sand (Unit 21) comprises 12% and is limited to the southeast quadrant of the site. Soil map Unit 14 (Pineda Fine Sand, limestone substratum) is listed as hydric by the Natural Resources Conservation Service. Wetlands: There are a total of 1.40 acres of wetlands and 0.38 acres of other surface waters on the subject property which have been verified by the South Florida Water Management District (SFWMD). Wetlands on site consist entirely of Melaleuca forested wetlands. This community is located on the east side of the property and is found in what was once a cypress-pine forest. Hydroperiod changes has permitted Melaleuca to invade the wetlands. Most of the area has become a monoculture of this species, with only a few remnant cypress and pine trees remaining. Wet season hydrology appears to be at or slightly above the ground surface, which is evidenced by water stained leaves and adventitious roots at the surface. EAC Meeting,. ~ · .................................................................................. 10/16/00 Because of the small size of the wetland the SFWMD would consider the area secondarily impacted, and therefore the entire 1.40 acres are proposed for development. Approximately 15.94 acres of indigenous habitat will be preserved on site. However, since the uplands do not buffer wetlands, ERP regulations do not allow mitigation credit for upland preservation. Therefore, mitigation will be proposed within the Panther Island Mitigation Bank. A breakdown of the impacts with mitigation ratios adjusted per the Wrap Assessment is provided in the EIS. Preservation Requirements: Excluding areas severely impacted with Melaleuca and Brazilian pepper, there are approximately 60.49 acres of native vegetation on site. In keeping with the 25% native vegetation preservation requirement in section 3.9.5.5.3 of the Land Development Code, a minimum of 15.12 acres of native vegetation will need be retained within the PUD. These areas are depicted on the PUD master plan. FLUCFCS Code 321 Saw Palmetto Prairie Listed Species: A five-day endangered species survey was conducted during the month of January 2000. The weather during the survey was warm (76-80 F), sunny, with a light breeze. The five-day survey concentrated on wildlife observations and potential red-cockadect woodpecker (RCW) foraging activity from off-site clans. EAC Meeting .......................................................................................... 10/I 2/00 Page 7 of 10 The subject property has been field surveyed for listed species using a modification of the transect line method established by the Florida Fish and Wildlife Conservation Commission. The modified strip census uses meandering transect lines at 150'-200' intervals. The meanders extend into adjoining transect lines to provide a near 100% coverage. The frequency of the meanders is determined by ground cover and visibility. More densely vegetated areas receive a greater frequency of meanders, thus decreasing the area between meanders in some habitats to as near as 12' apart. If the terminus flagging markers of the transect lines are not visible, then survey flagging tape is attached to vegetation at the outer extent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assist in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area. Two evidences of listed endangered or threatened species, or species of special concern were observed during the five day survey events. One abandoned RCW cavity tree was observed within a large slash pine in the central eastern half of the property (see locations on blueprint aerial vegetation map included in the EIS). The cavity shows no sign of activity and was determined inactive during a previous site survey conducted in 1996. The second evidence of listed species were several gopher tortoise burrows located in the northwest and southeast portions of the property. The entire upland community is considered viable wildlife habitat. Specifically, there is one abandoned RCW cavity tree on site, indicating that this area was used for nesting and foraging by RCWs. Although there are no RCWs currently observed on site, there are active colonies within two miles to the northeast and southwest. Therefore, 15.14 acres of indigenous habitat are preserved to allow wildlife species to forage and traverse through the property. These areas will also be used for on-site gopher tortoise relocation. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-16 "Collier Boulevard Mixed-Use Commerce Center PUD" with the following stipulations: Water Management: A surface Water Management Permit must be obtained from SFWMD prior to any Site Development Plan or construction drawing approval by County Staff. ? EAC Me. ting .......................................................................................... 10112/00 Page 8 of 10 Environmental: No additional stipulations. EAC Meeting .......................................................................................... 10/11/00 Page 9 of 10 PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: RAY~'gND '~. BELLOWS PRINCIPAL PLANNER THOMAS E. KUCK, P.E. ENGINEER~G REVIEW MANAGER DATE R( ~'qAI.D F. NI~'~, AICP CURRENT PLANNING MANAGER EAC Meeting .......................................................................................... 10/11/00 Page 10 of 10 ! ROBERT J. ~LHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO~/]/N M. DUNNUCK, m INq"ERIM COMMUNITY DEVELOPMENT ADMINISTRATOR DATE ENVIRONMENTAL SERVICES SIJgdh/c: StaffReport APPLICATION FOR PUBLIC HEARING FOR: P P U D 0 0 - ] 6 Date Petition Received: ........................ Petition No: Commission District: Planner Assigned~ ABOVE TO BE COMPLETEIO BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City Covin~on Applicant's Telephone # 1 (800) 354-9816 Name of Agent Bob Duane Agent's Mailing Address City Naples Agent's Telephone #_ (941) 262-4617 Name of Agent Brace Anderson Auto Vehicle Parts Co. Post Office Box 17350 State Fax # Firm 715 10* Street South Agent's Mailing Address Kentucky Zip (606) 331-5590 41017 Hole, Montes & Associates State FL Zip Fax # (941) 262-2074 Firm Young, VanAssenderp & Vamadoe 801 Laurel Oak Drive - Suite 300 City Naples Agem's Telephone # (941) 597-2814 Fax # State FL Zip (941) 597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT 34106 34108 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 - 10/9.8 PAGE 101:16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address NOT APPLICABLE City State ~ Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State Zip City State ~ Zip Name of Master Association: ' Mailing Address NOT APPLICABLE City State Zip Name of Civic Association: Mailing Address NONE TO OUR KNOWLEDGE 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 PUD REZONE - 10/98 PAGE 2 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. K X. HOMAN,7 ER E. HOMAN K X. HOMAN, JR. "" ARET H. MASTERS "" IA H. MALE STINE H. ZIEGLE? "" ANN H. WITTE "" Name and Address, and Office SPERTI DR. COVINGTON, KY 41017 Percentage of Stock CHAIRMAN OF BOARD 64% "" VICE-PRESIDENT & SEC. ,,,, 6% ,,,, ,,,, 6~ If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership P~I,PH ABF.RCTA '- ~l& C,F. NTTI,T.Y-' I-lOII~q~rON · - TEXAS ~7024 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 3 OF 16 , £~01 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 g. Date subject property acquired (03/30/1973) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. · Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 34 Township: 49S Range: 26E Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: 002-965-200-06 Metes & Bounds Description: SEE ATTACH]ED LEGAL DESCRIPTION AND SURVEY PROVIDED IN APPLICATION Size ofpr0perty: 959 ft. X 2531 Address/general location of subject property: OF 1-75 AND CR 951 ft. = Total Sq. Ft. 3,049,200 Acres ±70 NORTHWEST QUADRANT APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 4 OF 1~ · , 6. , Adjacent zoning and land use: Zoning PUD/COM N S PUD/COM E PUD/I'ND VACANT W PUD/RES VACANT Land use VACANT PARTIALLY DEVELOPED COMMERCIAL Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). / Section: N/A Township: Range: Lot: Block: Subdivision:' Plat Book Page #: Property I.D.#: Metes & Bounds Description: Rezone Request[. This application is requesting a rezone from the AGRICULTURE - _zoning district(s) to the PUD zoning district(s). Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: COMMERCIAL AND INDUSTRIAL USES 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. APPLICATION FOR PUBLIC }[EARING FOR PUD REZONE - 10/98 PAGE 5 OF 16 Standard Rezone Considerations (£DC Section 2. 7.2.5) I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. ! 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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 county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 6 OF 16 "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. J 7. The impact of development on the availability of adequate public facilities and s.ervices 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 Rez'one Considerations (I.,DC Section 2. 7.3.2.5~ The suitability of the area for the type and pattern df development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 6. o Adequacy of evidence of uni. fied control and'suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of.this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include 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. 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. ~ ~ ~_.'_-[i~'-. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 , PAGE 7 OF 10. 11. 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 land use petitions on the subject property: To your knowledge, has a pu. blic hearing been held on this property within the last year'! If so, what was the hamre of that hearing? AMENDMENT TO FLUMM TO ADD ACTIVITY CENTER # 9 Additional Submittal requirements: In addition to this completed application, the following shall be submitted-in order IOr your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a o 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 8½" x 11" copy of site plan, drawn to a maximum scale of 1 inch equals 400 feet, depicting the following. Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC; all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedesuian 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 buffeting as may be required by the County, ¢. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 8 OF 16 Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. 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); 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); An~, additional requirements as may be applicable to specific conditional uses and identified during the pre-application meetirlg, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10~.8 PAGE 9 OF 16 ., ., STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Au-ye-co PRODUCTS 2. MAILING ADDRESS: POST OFFICE BOX 17350 CITY COVINGTON STATE KENTUCKY ZIP 41017 3. ' ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): o LEGAL DESCRIPTION: Section: 34 Township: 49S Range: 26E Lot: N/A Block: Subdivision: Plat Book N/A Page #: Property I.D.#: Metes & Bounds Description: PROVIDED IN APPLICATION TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ~ b. CITY UTILITY SYSTEM [-~ c. FRANCHISED UTILITY SYSTEM [--] PROVIDE NAME d . PACKAGE TREATMENT PLANT ~-] (GPD capacity) e. SEPTIC SYSTEM ["-] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM e. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 13 OF I AFFIDAVIT We~l, /~ ~/6/,z/Ctd- tt~/f~ ~_D. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content o f this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We~I further authorize Robert Duane & Bruce Anderson representative in any matters regarding this Petition. Signature of Pro~er~ ~ner to act as our/my Signature of Property Owner Walter 'tC-hip " Homan Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /,/r~ day of ~ ~ ?ooo '~___._, by w~.~'~, a-~, ~r~.~aa, t who is personally known to me o ..... ~ ....... State of~i~Ei' County of (Signature of Notary Pubf[~: State of RONA't~ L. LUSBY ~TATE.AT-I.A~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 (Print, Type, or Stamp Commissioned Name of Notary Public) C:OLLIER CO'LINTY RECORDED This Lns~:umen~ pre~a~ed by, recording tec~uested by and ~when recorded ~ail ~ gAHES W. ELKINSw P.A. "J303, 10O0 Tam£ami T:ail No;th u u ,'-' "- p SpeCIAL WARRAHTT DEED ------"'' a-~ £~$T NATZONAL BANK ~D TRUST ~R~Y O~ ~L~, a b~king cor~caCion, o=9~ized ~d existing un~e~ ~e ~ws of ~e consideration- of the ~um of ~900~000.00 =eceive~ ~rom AOTO V~ICLZ P~TS CO., ~ Kentucky Corporation, ~e Grantee(s), of P.O. Bqx 17350, LSPerti DriVe, CovLng~oh~ KT 41017, hereby, on ~is -~~-4~z-t~J198~' convey~ to ~e Gcantee(~) ~c ~rope~y Ln'~ll~er County, Florida ~eSctibed 1. The South One Half ~S 1/2) o~ ~e NoE~east Quarter {NE ~4) of Section 34, Township 4~ Sou~, Range 26 ~as~, 2. That portion of ~e ~ortheast Ouart=r (NE 1/4) of Section 34, Township 49 Sou~h; ~ange 26 ~ast~ no~ pruviously conv~yed o= ~nd~ned~ bur as ~o bo=~ I ~d 2, less (A) ~bnt real property as described In ~e S~pulnted Final Judgment of Condemna~ion as recorde~ a= O.~ Book 1018, 383~ Public ~eco=~s o~ Collie= County, Florida, and less (B) ~e East 100 feet previously conveyed to the State of Florida for roa~ tight-of-way b~ ~pec~l Warranty Deed ;ecor~ed at O.RJ B~k 13, page 77, Public Recot~s of Collier Coup=y, Florida, less ceco=de~ at Deed Book 30, ~ge 91, F~C Records o~ Collie= less (u) O~1, Gas and N~neral ~Lghts as teserve~ in deed =eco;~ed at Deed Book 33, page 202, Public ~ecocds aaa covenant(s) as aga~ns~ tll persons cl~nin~ by, ~ough, under ~c Gran~o=, aha= the property is free of all ~cumb=~ces, ~at law~ul seisin o~ ~d go~ c~9h= to ~nvey ~nt p~o~r~y vested in the Grnnto~Cs), that the property is not homestead proper~y and ~nt ~e Grants=Cs) hereby fully wa=cant(s) title co sai~ lnnd and w~ll defend Lhe Sa~e a~i~ns~ ~he lav~ul cla~ns st all ~rsons claim/n~ byr ~=ough, or ~der ~e Granto=. ~s deed ~s subject 1. Grant of Easement as recorded at 0.R. Book 229~ 263, Pub2ic Records of Collie~ County, Flocida, (West 30 feet). 2. zoning and o~er government~ Fe~ln~ons ~fe~n9 use and occupmn~ of ~be re~ p~ope~y. 4. aesolut~on c~ent~n~ the Golden Cate Diet~ict, e~c., aS recorded at O.K~ Book 6~6~ 1538, Public Reco=~ of Co11~e~ county, Ih is expressly un~e~stoo~ ~d ag:ced by and between ~t~eS be~eto, any~Lng he;eLn to the contrary notv~otanding, that each and all o~ the war,ankles, =epEesen~ions~ covenants, undertakings and a~ee~e~s mm~e on the part of ~e T~stee wh~e in lorn p~poE~ng ~o the var=ant~es~ i~demniCies, representations, covenants, ~nch and every one of tbemF ma~e and ~ntend~d not as personal wa==an~es, L~demnit~es; =eptesentations~ covenants~ undertakings Ln~en~io~ of b~nding aa~d T~ua~ee personally bUt .iCe made and ln~ended ~o~ ~he purpose o~ binding onl~ ~ha~ pooh,on of the D~nta~ Stomp Tax ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A' RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COLLIER BOULEVARD MIXED USE COMMERCE CENTER LOCATED IN THE NORTHWEST QUADRANT OF 1-75 AND COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rober~ L. Duane, of Hole, Montes & Associates, Inc., representing Auto Vehicle Parts Company, petitioned the Board of County Conumssioners 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 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Collier Boulevard Mixed Use Commerce Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9634N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SEC'nON 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 ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A'I-rEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney G/admin/PUD-O0-16/RB/cw -1- COLLIER BOULEVARD MIXED-USE COMMERCE CENTER A PLANNED UNIT DEVELOPMENT PREPARED BY.' HOLE MONTES INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1992114 AND YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 JULY, 2000 Revised September, 2000 Revised October, 2000 Revised January, 2001 Revised February, 2001 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals TABLE OFCONTENTS SECTION I SECTION II SECTION III SECTION IV SECTION V' SECTION VI SECTION VII SECTION VIII Page Statement of Compliance .................................................................................... 1 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................................... .... 2 Statement of Intent and Project Description ........................................................ 3 General Development Regulations ...................................................................... 4 Preserve Area Requirements ............................................................ 8 Permitted Uses and Dimensional Standards for Residential Development ....... 9 Permitted Uses and Dimensional Standards for Commercial Development .... 12 Development Commitments ............................................................ 15 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description £uul SECTION I Statement of Compliance The development of 70.2 acres of property in Section 34, Township 49S, Range 26E Collier County, Florida, as a Planned Uni, Development to be known as the Collier Boulevard Mixed-Use Commerce Center PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project will be consistent with growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: o The property is a mixed-use Planned Unit Development located within Activity Center #9 revised under the EAR based GMP Future Land Use Element Amendment. The proposed gross density often (10) dwelling units per acre is consistent with the Future Land Use Element of the Collier County Growth Management Plan which allows up to sixteen (16) units per acre within Activity Centers. The total number of dwelling units proposed is four hundred and thirty three (433) on 43.3 acres proposed for residential use. Commercial uses are permitted within the Activity Center and, therefore, are also consistent with the Future Land Use Element. The project shall be consistent with the adopted Activity Center #9 Interchange Master Plan. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density and commercial uses as required in Objective 2 of the Future Land Use Element. The proposed development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The proposed 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 is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code. Page 1 of 20 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The Auto Vehicle Parts Company currently owns the subject property. 2.2 Legal Description Section 34, Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (14) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce Center Planned Unit Development Ordinance". 2.6 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the Rezone Petition as described and agreed to within the PUD Ordinance. Page 2 of 20 3.1 3.2 SECTION III Statement of Intent and Project Description Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand (270,000) square feet of gross leaseable floor area for retail and office uses on 25.3 acres. The project also proposes four hundred and thirty-three (433) dwelling units based on a gross density of ten (10) dwelling units on 43.3 acres proposed for residential use amongst other uses set forth in the PUD document. 3.3 Access will be provided from an existing easement, which intersects with Collier Boulevard north of the subject property and also provides access to adjoining properties to the north and west of the subject property. The project's proximity to 1-75 and Collier Boulevard provides convenient access for both proposed commercial and residential uses. Land Use Plan and Project Phasing The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation area and road rights-of-way as depicted on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Bo The anticipated time of build-out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. Page 3 of 20 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: Regulations for development of the Collier Boulevard Mixed-Use Commerce Center shall be in accordance with the contents of this document, the PUD Planned Unit Development District, the adopted Activity Center//9 Interchange Master Plan (IMP) and other applicable sections and parts of the Collier County Land Development Code (LDC) and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Collier Boulevard Mixed-Use Commerce Center shall become part of the regulations that govern the manner in which this site may be developed. Do Development permitted by the approoal of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the Page 4 of 20 time of construction plan approval. 4.3 Easements for Utilities 4.4 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and ma;ntenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be given a credit for open space and the retention of native vegetation. Amendments to the Ordinance 4.5 The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdivision Regulations set forth in Section 3.2 of the LDC. Prior to the recording of the Final Subdivision Plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or t° otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite remov,~al s. hal.1 not exceed ten (10) percent of the total volume excavated up to a maximUm of 20,000 cubic yards. ~ ..... Page 5 of 20 4.7 4.8 4.9 4.10 4.11 4.12 Bo A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions The Collier Boulevard Mixed-Use Commerce Center PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Polling Places Polling places shall be provide in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. Native Vegetation The project will meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. Vegetated areas designed to preserve native vegetation may be provided for in the residential or commercial portion of the project and may be reconfigured at the time of Final Plat or Site Plan Approval based on preparation of more detailed plans. Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. Page 6 of 20 [:2?, 13 2,%1 4.13 Architectural and Site Design Standards 4.14 4.15 4.16 Development of commercial uses shall meet the requirements of Division 2.8 of the LDC, including the requirements of the adopted Activity Center #9 Interchange Master Plan. Signage All signage shall be in accordance with the adopted Activity Center #9 Interchange Master Plan and Section 2.5 of the Collier County Land Development Code, as applicable. However, two (2) Identification Signs are permitted along the Collier Boulevard road frontage to identify the residential component of the project. Each sign may be thirty-two (32) square feet in area or sixty-four (64) square feet combined. Off Street Parking and Loading All off street parking and loading shall be in accordance with Division 2.3 of the Collier County Land Development Code and the adopted Activity Center #9 Interchange Master Plan, as applicable. Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code and the adopted Activity Center #9 Interchange Master Plan. Page 7 of 20 5.1 5.2 SECTION V Preserve Area Requirements PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native vegetation is retained within the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. Page 8 of 20 SECTION VI 6.1 6.2 6.3 Permitted Uses and Dimensional Standards for Residential Development Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Activity Center designated for residential development on the PUD Master Plan, Exhibit "A". Maximum Dwelling Units Four hundred and thirty-three (433) dwelling units are permitted within the Collier- Boulevard Mixed-Use Commerce Center based on a gross density often (10) dwelling units per acre for 43.3 acres designated "R" on the PUD Master Plan. General Description The PUD Master Plan designates the following uses for the general use designations on said Master Plan. 6.4 TRACT ACRES PERCENTAGE 1. COMMERCIAL TRACTS 25.3 36% 2. RESIDENTIAL TRACTS * 43.3 61% 3. RIGHTS-OF-WAY 1.6'* 3% TOTAL 70.2 100% * Includes water management and vegetation to be retained. **Commercial right-of-way only. The approximate acreage of residential areas is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Final Subdivision Plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) Single Family Detached Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings Page 9 of 20 (e) (0 (g) Multi-Family Dwellings, including Garden Apartments Adult or Assisted Living Facilities Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities and clubhouse. 6.5 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F.°) 3,000 S.F. per 1 AC S.F. du. Minimum Lot Width(-,) 60 35 35 30 150 Front Yard 25(s)(8) 15 15 20 25 Side Yard(3) 7.5® 0 or 0 or 6 0 or 12' 0 or .6 BH 12(4) Rear Yard Principal 20® 10 15 20 25 Rear Yard Accessory 10 5 5 10 10 Maximum Building 35 35 35 35 35 Height Distance Between N/A N/A N/A 10 .5 BH Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 All distances are ~n feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 2 o Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. Where the zero (0) foot yard option is utilized, the opposite side of the structure have a twelve (12) foot sideyard. Single-family dwellings which provide for two (2) parking spaces within an eno Page 10 of 20 garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi-family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty (250) units. For each acre of ALF use developed on the subject property, ten (10) multi-family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted. See also Section 8.2.12 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. Page 11 of 20 7.1 7.2 7.3 7.4 7.5 SECTION VII Permitted Uses and Dimensional Standards for Commercial Development Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed-Use Commerce Center designed for commercial use. General Description No commercial use may be developed until the Activity Center//9 Interchange Master Plan" (IMP) is adopted by the Collier County Board of Commissioners and the consistency of the proposed uses with said IMP established. The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs and is. approximate. Actual acreages of all developed tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County LDC. All tracts are deigned to accommodate internal roadways, open spaces, water management facilities and other similar uses. Development Intensity A maximum of two hundred forty thousand (240,000) square feet of commercial retail gross leaseable floor area, and a maximum of thirty thousand (30,000) square feet of gross leaseable office floor area is permitted. A maximum of one hundred and fifty (150) hotel/motel units are also permitted. Hotel/motel units shall be permitted a maximum floor area ratio of .60. While the total amount of retail and office area averages ten thousand seven hundred fourteen (10,714) square feet of gross leaseable area per acre, this intensity may be exceeded on individual tracts provided the overall intensity is not exceeded for the project as a whole. Configuration of Commercial Area The land area allocated for commercial use is 25.3 acres and is depicted on the PUD Master Plan. The boundary of the commercial area may be expanded to the southwest along 1-75, provided that the total area allocated for commercial use does not exceed 25.3 acres. In no case will the boundary of the commercial area be permitted to extend beyond the boundary of the commercial area to the north in the Golden Gate Commerce Park PUD. 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: 1. Accounting, Auditing and Bookkeeping Services (Group 8721) 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7 Page 12 of 20 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541, 5571, 5599 new vehicles only) 5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-7549) 6. Building Materials. Hardware and Garden Supplies (Groups 5211-5261) 7. Business Services I.~_~roups 7311-7352, 7371-7379, 7384) 8. Child Day Care Services (Group 8351) 9. Communications (Groups 4812-4841, except principle transmission towers) 10. Depository Institutions (Groups 6011-6099) 11. Drug Store and Proprietary Stores (Group 5912) 12. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the locational requirements of Section 2.6.10) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 14. Food Stores (Groups 5411-5499) 15. General Merchandise Stores (Groups 5311-5399) 16. Group Care Facilities (Category I and II); Care units except for homeless shelters and nursing home; subject to Section 2.6.26 17. Hardware Stores (Group 5251) 18. Health Services (Groups 8011-8099) 19. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 20. Hotels and Motels (Group 7011) 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 22. Legal Services (Group 8111) 23. Libraries (Group 8231) 24. Management and Pubic Relations Services (Groups 8741-8743, 8748) 25. Membership Organizations (Groups 8611-8699) 26. Miscellaneous Personal Services (Groups 7211-7299 but not Turkish baths, tattoo parlors, steam baths and escort services) 27. Miscellaneous Repair Services (Groups 5551, 5571-5599, 7622-7699). 28. Miscellaneous Retail (Groups 5912-5921, 5932 but not secondhand clothing stores or pawnshops, Groups 5941-5963, 5992-5999). 29. Motion Picture Theatres (Group 7832) 30. Motor Freight Transportation and Warehousing (Group 4225 mini and self storage warehousing only) 31. Museums and Art Galleries (Group 8412) 32. Non-depository Credit Institutions (Groups 6111-6163) 33. Paint, Glass and Wallpaper Stores (Group 5231) 34. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 35. Public Administration (Groups 9111-9199, 9229, 9311,9411-9451, 9511-9562, 9611- 9661) 36. Real Estate (Groups 6512, 6531-6541) 37. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261) 38. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289) 39. Veterinary Services (Groups 0742, 0752, excluding outside kenneling) 40. Video Tape Rental (Group7841) 41. Vocational Schools (Groups 8243-8299) Page 13 of 20 7.6 7.7 7.8 42. Any other general commercial use, which is comparable in nature with the foregoing uses. Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses such as signage, entrance features, and stormwater management facilities. Dimensional Standards for Permitted Uses 1. Minimum Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. Minimum Yard Requirements: a. Front Yard: Twenty-five (25) feet. b. Side Yard: Fifteen (15) feet or one-half of the building height. c. Rear Yard: Twenty-five (25) feet or one-half of the building height. d. Any Yard abutting a residential parcel: Twenty-five (25) feet. e. See also Section 8.2.12 Transportation requirements of this ordinance pertaining to 1-75 setback requirements. 4. Maximum Height: Fifty (50) feet. 5. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. o Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3, LDC, however shared parking between the primary retail facility and free standing uses shall be permitted throughout the site provided the total parking area shall meet or exceed minimum parking required for combined uses. Cross-easements for shared parking facilities are required for sharing parking facilities between uses. 7. Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. 8. Landscaping shall be in accordance with Section 2.4 of the LDC and the adopted Interchange Master Plan. 9. Signs shall be as required by Division 2.5 of the LDC and the adopted Interchange Master Plan. Special Use Consideration Page 14 of 20 Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in enclosed structures or to the rear of the principalscreeningStructure behindbufferinga Typeto"B" ,Buffer, as '/ ~r~- ..... setforth in Division 2.4 of the LDC, to provide and Co lier ~vd'.~' ~t" ~,,,.,~ ! 3 ,'. 8.1 SECTION VIII Development Commitments Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational use only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as 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. 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. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. For this site, a minimum of 15.12 acres of native vegetation shall be retained on site. An exotic vegetation removal, monitoring and maintenance (exotic flee) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. 6. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. b~? __.~ Page 15 of 20 , ~'Z- ~ o o 10. 11. 12. The developer shall provide arterial level street lighting at the project entrance at the intersection of Collier Boulevard and the access easement into the property. Such lighting shall be in place prior to the issuance of any certificate of occupancy. The road impact fee shall be as set forth in Road Impact Fee Ordinance 2000-56, and shall be paid at the time building permits are issued or as provided by the Adequate Public Facilities Ordinance, or as provided in this PUD ordinance. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificate of occupancy are issued. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. Roads internal to the project to serve residential uses may be private at the option of the developer. The developer shall provide turn lanes at the project entrance on Collier Boulevard, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted by the Transportation Services Director which is anticipated to be necessary for the efficient distribution of traffic in the general area. These signals will be owned, operated and maintained by Collier County. All land development activities and future transportation infrastructure improvements shall be consistent with the Activity Center//9 Interchange Master Plan. This includes adopted access management standards/guidelines, transportation system management (TSM) and transportation demand (TDM) strategies. Access roads into the commercial area shall be open to the public in order to facilitate shared access with commercially zoned lands to the north. The PUD Master Plan depicts an area in the northeast comer of the property comprising + .22 acres that will be dedicated to Collier County for drainage improvements and the widening of Collier Boulevard. in exchange for impact fee credits in accordance with Ordinance 2000-56. The developer shall pay a fair share contribution toward the entire intersection improvements at Collier Boulevard and Magnolia Pond Drive. In recognition of the need to provide for future roadway improvements in Road Impact Fee District 2, and to provide for mitigation pursuant to Policy 5.1 and 5.2 of the Transportation Element until such time as Davis Boulevard just to the west of Collier Boulevard is improved from two to four lanes, the Collier Boulevard Mix. ed Up.e . :-~ Commerce Center will advance its payments of estimated road impact feis u~n approval by the Board of County CommissiOners of the Final Subdivision Plat ~.a~a~d to recording, to be paid for the area included in the Plat, which shall be deemed sati.s.~ Page 16 of 20~ 8.3 the road component requirements of the Adequate Public Facilities Ordinance for said platted area. The developer shall reserve an area sixty (60) feet in width from where the existing limited access right-of-way for Interstate 75 intersects with Collier Boule,,ard (County Road 951) on the same side as developer's property and parallel to the right-.of-way, for the potential future reconfiguration of this quadrant of the Interstate interchange. The reservation area may be credited by developer toward required vegetation preservation. Buildings shall maintain a seventy-five (75) foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage improvements and similar accessory uses may be located up to the edge of the reservation area. At such time as the Florida Department of Transportation implements plans for the widening of Interstate 75 in its Three-Year Work Program, and should an area less than the sixty (60) foot reservation area be needed, the developer may reduce the structural setback from Interstate 75 to a lesser amount, subject to the maintenance requirements that may be in place at the time of such action and with the express approval of the Collier County Development Services and Transportation Divisions. However, a minimum of fifteen (15) feet shall be provided from the future Interstate 75 right-of-way. This mitigation, is in addition to needed fight-of-way provided for the widening of Collier Boulevard, the provision of drainage improvements for the same, and shared access and a fair share contribution to improvements to the intersection of Magnolia Pond Drive and Collier Boulevard to facilitate improved access throughout the general area. Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. o Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer faciliti, s:'~t~..~,ir..~.. The utility construction documents for the project's sewerage system shall design and construction of an on-site force main, which will ultimately Page 17 of 20 )ntain the tnnddt'.~he~ ~ 8.4 8.5 project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. o Prior to or at the time of submission of construction plans and the final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. Engineering Requirements Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 2. A. copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. 3. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development Plan and any other applications that will result in the issuance of a final development order. Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. 2. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. 3. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. An existing thirty (30) foot drainage easement located along the western boundary of the project shall be increased to forty-five (45) feet to accommodate the existing:canal, an._/..i~_ maintenance access and shown on the final plat. Page 18 of 20 5. The proposed stormwater management system for the project shall provide for the six- lane condition of Collier Boulevard runoff. 6. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. Page 19 of 20 Q N d )~ ~1V d -I ¥ I I-I .1. S FI Q N I l:l J. V 0 X J. I 0 Exhibit B LEGAL DESCRIPTION THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER (NE 1/4) SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THAT PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, NOT PREVIOUSLY CONVEYED OR CONDEMNED, COLLIER COUNTY FLORIDA; AND LESS THE REAL PROPERTY AS DESCIBED IN THE STIPULATED FINAL JUDGEMENT OF CONDEMNATION AS RECORDED AT O.R. BOOK 1018, PAGE 383, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LESS THE EAST 100 FEET PREVIOUSLY CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT-OF-WAY BY SPECIAL WARRANTY DEED RECOREDED AT O.R. BOOK 13, PAGE 77, THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. W:\ 1998\ 1998052~rldWUD-90210.doc Page 20 of 20 EXECUTIVE SUMMARY AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY CORRECTING SCRIVENER'S ERRORS ON THE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE OBJECTIVE: For the Board of County Commissioners to review the Scrivener's Errors Ordinance amendment to the Collier County Growth Management Plan and consider adopting, adopting with changes, or not adopting the Amendments. CONSIDERATIONS: When the Board of County Commissioners adopted the Remedial Amendment per the Final Order on May 9, 2000, certain map references were omitted on the Future Land Use Map. These include: The Traffic Congestion Boundary; shading of the South Golden Gate Estates representative of the Estates Designation; and the inclusion of certain properties within the Belle Meade Natural Reserve Protection Area (NRPA) that were exempt from the operation of the Final Order due to a completed application for rezoning submittal to planning staff prior to June 22, 1999. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing, for the Scrivener's Errors Ordinance Amendment to the Collier County Comprehensive Plan. CCPC AND PLANNING STAFF RECOMMENDATIONS: Planning Commission held their public hearing on February recommendations are as follows: The Collier County 15, 2001. Their SCRIVENER'S ERRORS ORDINANCE, adoption Ordinance correcting scrivener's errors on the Future Land Use Map of the Future Land Use Element. CCPC: Unanimous recommendation to adopt as submitted by staff. ENVIRONMENTAL ISSUES: Are not applicable. HISTORICAL/ARCHEOLOGICAL IMPACT: Are not applicable. PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners review the Scrivener's Errors Ordinance and adopt the proposed amendments. AGENDA ITEM No. MAR 1 3 Z001 P reparedB~~._ ./~_~ ~,~'_ _/~/~/'~/~Date: "l~.~J~dan~,B~/~er II" C(~¢ipl'ehensive I~ar~ing Section Reviewed By: · St~n"Litsing er?AIC P, IVC-a~ager Comprehensive Planning Section Date: Approved By:' ¢ ~' R~bert J. Mulhere, AICP, Director Planning Services Department Approved By: ',.j(g~b,, 1 j.~,,dz~..__L.~ Date: 3/~, Jol~ Dunnuck, Interim Administrator Community Development and Environmental Services Division AGENDA ITEM No. MAR 1 3 2001 ORDINANCE NO. 2001- AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIE~ COUNTY, FLORIDA, BY CORRECTING SCRIVENER'S ERRORS ON THE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Ptan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR-based amendments found in non- compliance; and WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing took place in May 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and WHEREAS, the matter was considered by the Governor and Cabinet sitting as the Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law contained therein also found the EAR-based objectives and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to adopt Remedial Amendments to the Growth Management Plan by November 30, 1999; and AGENDA ITEM friAR 1 3 2001 Pg- WHEREAS, Collier County prepared, and the Collier County Planning Commission considered, the proposed Remedial Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said Remedial Amendments to the Board of County Commissioners; and WHEREAS, the Collier County Board of County Commissioners reviewed the Remediat Amendments on November 23, 1999 and transmitted the same to the DCA; and WHEREAS, upon receipt of Collier County's proposed Remedial Amendments, the DCA reviewed the Remedial Amendments as set forth in Section 163.3184, Florida Statutes; and WHEREAS, the Department of Community Affairs made written objections to these Remedial Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, the Board of County Commissioners of Collier County adopted the Remedial Amendments to the Growth Management Plan on May 9, 2000; and WHEREAS, the Department of Community Affairs reviewed these amendments to the Growth Management Plan, and subsequently issued its Notice and Statement of Intent to find the Remedial Amendments in compliance; and WHEREAS, certain map references were omitted on the Future Land Use Map, that include: the Traffic Congestion Boundary; shading for South Golden Gate Estates representative of the Estates Designation; and, the inclusion of certain properties within the Belle Meade Natural Resource Protection Area (NRPA) that were exempt from the operation of the Final Order due to having a completed application for conditional use for a golf course submitted to Planning Staff prior to June 22, 1999 and constitute scrivener's errors; 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, all applicable substantive and procedural requirements of law have been met; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: ADOPTION OF THE SCRIVENER'S ERROR AMENDMENT TO THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this scrivener's error amendment. The amendment is attached hereto as Exhibit "A" and is incorporated by reference herein. AGENDA ITEM No. ~ MAR 1 3 ZOO1 SECTION TWO: SEVERABILITY 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: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADQPTED by the Board of County Commissioners of Collier County this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D. Chairman Approved as to form and legal sufficiency: Marjorie MbJStudent Assistant County Attorney AGENDA ITEM NO. MAR 2001 Exhibit "A" i T 46 $ i T 47 S i T 48 S T 4g S T 50 S ? 51S T 52 S T 53 S &mi AGENDA ITEM No.~ ~RR 1 3 $ gt ,L S ZY J. / / / / / /' S 6t' I S 06 L