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Agenda 10/22/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP: 3 IND: 1 AGENDA October 22, 2002 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 SUBMII'I'ED 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, (239) 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 October 22, 2002 m INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Andrew Malarz, St. Peter the Apostle Catholic Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. September 18, 2002 - Budget Hearing C. September 24, 2002 - Regular Meeting D. September 27, 2002 - Concurrency and LDC Workshop E. September 27, 2002 - Emergency Mosquito Control Meeting F. September 30, 2002 - CRA Meeting G. October 2, 2002 - Value Adjustment Board H. October 3, 2002 - Value Adjustment Board I. October 4, 2002- LDC Workshop SERVICE AWARDS Twenty-Five Year Attendees: 1) Bonnie Fauls, University Extension 2) Thomas Mitchell, Ochopee Fire Department (Ex PROCLAMATIONS A. Proclamation for recipient. National Epilepsy Awareness Month. To be mailed to 2 October 22, 2002 B. Proclamation to designate October 19-27, 2002 Red Ribbon Week. To be accepted by Paula Arrubla, Bob Hignite and Betty Whitmore. C. Proclamation to designate the month of November as Collier County Adoption Month. To be accepted by Debbie Allen and Terry lamurri. Proclamation to recognize all the Individuals and agencies that participated with the Alligator Alley incident on ~ptember 13, 2002. To be accepted by Sheriff Don Hunter. ~ 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition Request by Jim Kramer to discuss items outlined in his fax request. B. Public Petition Request by Ms. Ruby Hampton to discuss auto claim/damage to vehicle. 7. BOARD OF ZONING APPEALS ADA-2002-AR-3030 Richard D. Yovanovich of Goodlette, Coleman and Johnson, representing William T. Higgs, requesting an Administrative Appeal to Official Interpretation INTP-2002-AR-2421 concerning landscape buffer requirements for the White Lake PUD per Land Development Code Division 1.6. This item has been continued from the September 10, 2002 BCC Meetin;i. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2015 Austin White, of Becker and Poliakoff, P.A., representing Unit Owners of the Manatee Resort Condominium Association, requesting relief in the RT Zoning District from the 500 Square Foot Maximum Size for a Hotel Unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 es-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the North 50 feet of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, Collier County, Florida. 3 October 22, 2002 This item requires that all participants be sworn in and ex perte disclosure be provided by Commission members. VA-2002-AR-2392 Gerald A. McHale, Jr., Trustee, Naples Gateway Land Trust, requesting a variance from PUD Ordinance 2000-14, Section IV., 4.13, Landscaping and Buffering, Item (2), which requires a 10-foot wide type A Buffer along the Eastern Project Perimeter Boundary, to allow a 2.0-foot wide buffer area along the Western edge of the sidewalk adjacent to the North-South portion of the acceasway connecting to the Raggea PUD. DJ This item has Icc. c.n continued indefinitely. VA-2001-AR-1205, Vince Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Shane Alan Mclntosh, requesting a 7-foot variance from the maximum height requirement of 35 feet in the C-2 zoning district to 42 feet and a 41-foot variance from the Corridor Management Overlay District (CMO) setback from Goodlette-Frank Road of 100 feet (50 feet plus 25 feet for each additional floor) for a proposed 3-story commercial building located on the Northwest corner of Goodlette- Frank Road and 13th Avenue North, further described as Section 34, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Item 8C: RZ- 01-AR-1204) 8. ADVERTISED PUBLIC HEARINGS This item has been continued from the September 101 2002 BCC Meetin¢~ and is further continued indefinitely. RZ-2001-AR-1595, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital Ltd., requesting a rezone from RSF-3 to RSF-5 for a seventeen-lot single-family home subdivision on 4.26+/- acres on 2951 44m Terrace SW, further described as Golden Gate Unit 3, Block 103, as recorded in Plat Book 5, Pages 97-105, Collier County Records in Section 27 Township 49 South, Range 26 East, Collier County, Florida. This item has been continued from the September 10~ 2002 BCC Meatin¢] and is further continued indefinitely. RZ-2001-AR-1596, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital, Ltd., requesting a rezone from RSF-3 to RSF-5 for a thirteen-lot single-family subdivision on 3.15+ acres located at 4501 30m Avenue SW in Golden Gate Unit ~V3, Block 4, Parcel 1, as recorded in Plat Book 5, Pages 97-105, Collier County Records, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex perte disclosure be provided by (~ommission members. Petition RZ-O1-AR-1204, Vincent A. Cautaro of Coastal Engineering Consultants, Inc., representing Shane Alan Mclntosh, requesting a rezone from "C-1" and "RSF-4" Residential Single Family Zoning District to the "C-2" Commercial Convenience Zoning District 4 October 22, 2002 for property located at the Northeast Corner of Goodlette-Frank Road (CR-851) and 13t' Avenue North in Section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1.15 acres more or less. (Companion to Item 7D: VA-2001-AR-1205) This item has a Time Certain of 1:40 p.m.: Collier County Growth Management Plan (GMP) Amendments as a result of the Rural and Agricultural Assessment for the Eastern (Rural) Lands Portion of the Assessment Area, including some Amendments applicable to the Entire Unincorporated Area of Collier County, Except the Rural Fringe Portion of the Assessment Area (Adoption Hearing). BOARD OF COUNTY COMMISSIONERS A. Appointment of Commissioner to the Southwest Florida Regional Planning Council. B. Appointment of member to the Immokalee Enterprise Zone Development Agency. C. Appointment of member to the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. D. Discussion regarding alternatives to condemnation to lower right-of-way costs. (Commissioner Coyle.) This item has a Time Certain of 1:30 p.m.: Discussion regarding Tim Nance's 1000 tree donation offer for the Golden Gate Boulevard median. (Commissioner Coletta) F. Appointment of members to the Parks and Recreation Advisory Board. G. The Annual Performance Appraisal for the County Attorney. (Commissioner Coletta) 10. COUNTY MANAGER'S REPORT 5 October 22, 2002 This item continued from the October 8~ 2002 BCC Meeting. Approve amended Median Landscaping Agreement between Collier County and the Vineyards Development Corporation in the amount of $80,000. (Norman Feder, Administrator, Transportation Services) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Right- of-Way and Stormwater Retention and Treatment pond sites in Fee Simple 'hUe, aa well as Perpetual, Non-Exclusive Road Right-of-Way, Drainage and/or Utility Easements, and Temporary Driveway Restoration Easements, and Temporary Construction Easements, which will be required for the construction of Roadway, Drainage, and Utility Improvements for the Santa Barbera/Logan Boulevard Road Improvement Project from Davis Boulevard to North of Pine Ridge Road (Project No. 62081), Fiscal Impact: $11,914,000. (Norman Feder, Administrator, Transportation Services) Award a Bid 02-3424 in the amount of $12,495,051.66 to Ajax Paving Industries Inc., and allocate $600,000.00 for contingency purposes to construct the proposed Goodlette-Frank Road project from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. (Norman Feder, Administrator, Transportation Services) Award a Construction Contract in the amount of $28,986,526.90 to APAC- Florida, Inc., and allocate $1,000,000.00 for Contingency Purposes to construct the proposed Immokalee Road Four Lane Widening, from CR 951 to 43'd Avenue NE, Project No. 60018. (Norman Feder, Administrator, Transportation Services) E. Presentation of Collier County's 2002-2003 Legislative Agenda for the Board of County Commissioner's Approval. Approve Developer Contribution Agreement with Collier Land Development, Inc., for Road Impact Credits and Future Cash Reimbursement subject to Developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY A'I'I'ORNEY'S REPORT A. This item has a Time Certain of 12:00 Noon: Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss Settlement 6 October 22, 2002 13. 14. 15. Proposal/Litigation Expense Issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (David Weigel, County Attorney) For the Board of County Commissioners to provide direction to Outside Counsel, Ted Tripp, Esquire, and the Office of the County Attorney as to any settlement proposal/litigation expense issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida, following the Mediation of October 19, 2002. (David Weigel, County Attorney) OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. SAP Update by Steve Carnell, Director, Purchasing Department. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition CARNY-2002-AR-3192, Joseph C. Delfino, Second Vice-President of the Naples Italian American Club, requesting a Permit to conduct a carnival from October 31, 2002 through November 3, 2002 on the Naples Italian American Club Property located at 7035 Airport Road North. 2) Approve the compromise of a Code Enforcement Lien imposed in CEB Case entitled Collier County v. Roland Surin and Zelta Robinson, CEB Case No. 99-067 (amount $5,803). 3) To receive an exception to CMA Instruction 5341 Section 17 (b), for the hours applicable for shift differential pay. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-053 styled Board of County Commissioners Collier County, Florida vs. Chad Dutton regarding violation to Ordinance No. 91-102, Section 3.9.3 as amended of the Collier County Land Development Code. 5) Approval of three (3) impact fee refund requests totaling $10,355.46 due to cancellation of building permits. 6) Request to approve for recording the Final Plat of "White Lake Corporate Park, Phase Two", and approval of the Standard Form Construction and 7 October 22, 2002 7) Maintenance Agreement and approval of the amount of the Performance Security. Recommendation that the Board of County Commissioners approve an Amendment to Contract 99-2976 (Community Character Master Plan) with Dover, Kohl, and Partners for the development of a Naples Park Community Plan in the amount of $211,370 which has already bcc, n budgeted. B. TRANSPORTATION SERVICES 1) Approve an Agreement with the Florida Department of Transportation to receive $7,450,000.00 in Transportation Outreach Program (TOP) Funds for costs directly related to the widening of Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santa Barbara Boulevard and the construction of a Grade Separated Overpass at Airport Pulling Road and Golden Gate Parkway, Project No. 60027. 2) Approval of an Equipment Loan Agreement with 3M Traffic Control Materials Division for the use of an HSRA-48C Squeeze Roller Applicator used for sign sheeting applications at no cost to the County. 3) Request that the Board direct staff to form a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving a portion of South Eighth Street and Doak Avenue Extension in Immokalee. 4) Request that the Board direct staff to form a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving Little League Road in Immokalee. 5) This item continued from the October 8~ 2002 BCC Meetin;;. Approve Change Order with APAC, Inc. for roadway improvements on the North 11~ Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. 6) 7) A Reaolution to prohibit the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through-movements on certain streets in the Northern High Pointe Neighborhood. Removal of a non-warranted traffic signal from the Intersection of Goodlette-Frank Road at the driveway to the Royal Poinciana Golf Club. Removal of the traffic signal poles and equipment will cost approximately $5000. 8) Recommendation to approve a mutually beneficial agreement between Outdoor Resorts of American, Inc., and Collier County to manage stormwater for property along Immokalea Road in the amount of $105,920.00 (Project No. 60018). 8 October 22, 2002 9) lO) 11) This item continued from the October 8~ 2002 BCC Meeting. Approval to utilize Insurance proceeds to purchase two reconditioned Transit Buses and other support equipment in the amount of $91,853. Approve Developer Contribution Agreement with First Baptist Church of Naples Inc., for road Impact credits and cash subject to Developer complying with all conditions of the agreement (estimated at $668,056.81). Approve a Budget Amendment request to transfer $250,000.00 from Transportation Gas Tax Reserves for Marco Island Projects from Fiscal Year 2002. PUBLIC UTILITIES 1) Awar~i'Contract for annual maintenance of Chlorinator Equipment to Water~ Treatment and Controls Company in the estimated amount of $100,000. 2) Approval of Budget Amendment to transfer funds from Reserves in the amount of $381,400 to correctly fund the payment of County Water and Sewer District in lieu of taxes (PILT) in the FY 03 Budget. 3) Approve funding in the amount of $132,600 to upsize the Wastewater Force Main to the North Naples Regional Park. 4) Award Annual Bid N)2-3402 for Underground Utility Supplies to various vendors in the estimated amount of $1,000,000. PUBLIC SERVICES ADMINISTRATIVE SERVICES 1) To Award Bid #02-3405 (Addition to the Immokalee Library) in the amount of $490,000 to M.J. Simpson Corporation. 2) Authorize Staff to utilize State Contract Pricing to purchase equipment and services for the County Telephone Switch Network. 3) Approve a Lease Agreement with Naples Town Center Association, Ltd., for space to be used by the Sheriff's Office for a remote closed circuit visitation center, at a first year cost of $22,245.60. 4) Approve a First Amendment to Lease Agreement with Arnold Properties, Inc., for one additional year's use by the Sheriff's Office of Garage/Warehouse Space at a total cost of $20,703. 9 October 22, 2002 COUNTY MANAGER 1) Approve the Reimbursement of $40,000 to the Bay Colony Community Association and to approve a Budget Amendment in the amount of $40,000 to transfer funds from Pelican Bay Fund 109 Reserves to the Operating Budget. 2) Appropriate unanticipated revenue of $12,178 in the Isles of Capri Fire Department Budget. 3) To adopt a Resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2001- 02 Adopted Budget. 4) Approval of Budget Amendment Report - Budget Amendment ~)3-035 for $600.00. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said Purchases. (A copy of the Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2n~ Floor, W. Harmon Turner Building.) K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 205 in the Lawsuit entitled Collier County v. Armando A. Lambert, et al, (Immokalee Phase 1 Project). 2) Approve the Agreed Order awarding supplemental attorney's fees relative to the Easement Acquisitions of Parcels 172 and 772 in the Lawsuit entitled Collier County v. Dominique Ribs, as Trustee of the Land Trust Number S146-A, et al, Case No. 01-0819-CA (Livingston Road Project No. 60071) in the amount of $525.00. 10 October 22, 2002 3) 4) 5) 6) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcels 105 and 105OB in the Lawsuit entitled Collier County v. First Baptist Church of Naples, Inc., et al., Livingston Road Phase III (Pine Ridge Road to Immokalee Road) Project. (Payment of $51,175.00) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 118A, 821B and 821C in the Lawsuit entitled Collier County v. Tiburon Golf Ventures Limited Partnership, et al, (Livingston Road Project #62071) for $1,800.00. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 187 in the Lawsuit styled Collier County v. Manuel Alverez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). Board approval of Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee pursuant to Collier County Ordinance No. 2002-27. 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. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. CU-2002-AR-2366 Ron Beaver, requesting a Conditional Use in the "E" Estates Zoning District per LDC Section 2.2.3.3.7, to allow a lake excavation on 6.6 acres located at 4640 31't Avenue NE, further described as Tract 144, Golden Gate Estates Unit 67, in Section 21, Township 48 South, Range 28 East, Collier County, Florida. CU-2002-AR-1943 Golden Gate Seventh Day Adventist Church, requesting a Conditional Use in the A-MHO Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship on 4.56+ acres located on the East Side of River Road, 500+ South of Immokalee Road in Section 30, Township 48 South, Range 27 East, Collier County, Florida. Request that the Board adopt an Ordinance creating the Immokalee Beautification Advisory Committee; providing for appointment and composition; setting forth the terms of office, providing for removal from 11 October 22, 2002 office, failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; setting forth the duties of the County Manager or his designee; providing for review process; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. D. To adopt a Resolution approving amendments to the Fiscal Year 2001-02 Adopted Budget. A Resolution to approve presentation to the County's Legislative Delegation a Special Act Codifying into the Proposed Special Act Five Special Acts related to the Collier County Water-Sewer District and Five Special Acts related to the Pelican Bay Improvement District. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 October 22, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 22, 2002 ADD ITEM 5(A): Presentation by Guy Carlton, Tax Collector. CONTINUE ITEM 7B to the November 197 2002 BCC Meeting: VA-2002-AR-2015 Austin White, of Becker and Poliakoff, P.A., representing Unit Owners of the Manatee Resort Condominium Association, requesting relief in the RT Zoning District from the 500 Square Foot Maximum Size for a Hotel Unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the North 50 feet of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, Collier County, Florida. (Petitioner request.) ADD ITEM 13 (A): New precinct lines to correct mapping errors and improve access to polling place. (Supervisor of Elections.) MOVE ITEM 16(B) 1 TO 10 (G): Approve an Agreement with the Florida Department of Transportation to receive $7,450,000.00 in Transportation Outreach Program (TOP) Funds for costs directly related to the widening of Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santa Barbara Boulevard and the construction of a Grade Separated Overpass at Airport Pulling Road and Golden Gate Parkway, Project No. 60027. (Commissioner Coyle's request.) MOVE ITEM 16(E) 3TO 10(H): Approve a First Amendment to Lease Agreement with Arnold Properties, Inc., for one additional year's use by the Sheriff's Office of Garage/Warehouse Space at a total cost of $20,703. (Commissioner Fiala's request.) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WtY~R~A$, WHEREAS, WIYEREA$, 0 to ~ old myH~, , m th~ tht in job thirty t~ NOW THEREFORE, b~ it' of Coliltr d~ai~t~# am NA T'~ONA£ EF~I. EP$¥ A WAREtVE.~.~ ~fONl'l~. DONE AND OI~D~EO ~ ~nd Day ott DI4~G/47' E. ORO4'K, AGEI~D~A~TEn OC! 08 20O2 H/HEREA$, WHEREAS, IqHEREA$, ¢o~an~nity lmswd ~ffa~t$ a~ allc~d to da mar~ witJl I~ a~ community #o~i¢a camp~t~ fa~ r~malai~ limited ~4~t; and, A~altA, particularly £or our ),oun~ p~ople, ~tA~rin~ da#~, teen [amili~ l~a unpr~d~ntod ~ and ~tr~ ~reposed upon tA~ owrwAdmin~ nature of today'~ sodety; and, pr~tntio# and into~tntioff efforts ¢ontin~t to infll~t imt-c~t of olcol~l, tobacco and orate' dr~ abusa, it still ~mai~ premltnt in evt~/ Florida ¢ommunily; and, ¢ommunJti~ and edu~atJi~ o~r ¢itizans about pr~mtion in ewry Florida ~ommunfl~; and, ~tar~A and data ~'ttrit~t ~l~rtJo~ab~ tAat p~vtntion w~ and tAat our commitment to edlraltJall, p~l~tJall alld po~jtj~It lift.~tylts is imlmratim; and, H,'HEREA$, NOW of ~'aill~" and ~n~ ~ar a r~d ribbon to ~gmboliza ou~ commitment ~ and ~afa en~Jronment~ for ead~ ¢itiztn, and to pantJ~ipato in tmt~ t~au~l~ut tat ~k and tlu'a~ tar yta~ t~at ~r~-. pa~itJ~a Iifa~lyl~. DONE AND ORDERED ~ 0 C;I 0 8 PROCLAMA TXON WH~EA$, WHFREA$, every child has the right to grow in a secure, Iovin9 family and adoption is a podtiw way to build a family; and, the Adoption Task Force of ~rthwe, vt Florida, Xnc. is a collaborative chart of community agencies and individuals ta create and increase awareness of adoption; and, the Adoption Task Foece of ~outhwest FIoMda, In~. ~ ~s$ ~, to ~vid~ ~o~ ~ ~d~a~ on ~h~ ~i~ ~cts of adoption ~ to ~mot~ ~iti~ ~i~ tow~ o~pti~; ~, adoption brings untoM benofits to Collier County re'~idents that are affected by the odopti~ ~. This f~l~es benefits to' b/eM ~nts, adopd~ ~nts o~ th~ ch/Id~n placed in adopti~ hom~, f~ili~; o~, crisis , and adoption is a positiv~ is not. to a lack of NOW of ~00~ be ~h~rs to threm~h DONE AND ORDERFD ATTEST: D~V~GI47' ~. OR.K, ~LERK OCT O8 2002, PRO~AI~A T~ON WHEREAS, WHEREAS, WHEREAS, WHEREAS. the terrorist aPtack on the L/n/ted States on September EOOl has significantly heightened domestic.security; and, the incident of gotential terror/sm that occurred on Alligator Alley for more than seventeen hours on Friday, September l Sth, gOOg required local, state and federal Iow enforcement agencies to toke extraord/nar~ measures to mitigate the potential threat; and, the Sheriff's off/ce of Coil/er Count,/initiated and managed the scene of the traffic atop on Friday, September 13, ~00~; and, local fire districts and emergency medical service providers were on scen~ to provide ass/stance throt~jhout the entire event; and, ]ocol the even: first ~ on scene thro~2hout than ~wo hundred to the WHEREAS, NOW agencies ~! on its and potential Counly, and efforts DONE AND ORDERED TI-~$ ~nd Day of October ~00~. ~OARD OF COUNTY ~O~/I~/Lr&5-rONER$ COLIZER COL~NTh/, FLORIDA d=X~ COLETTA, CHA-rR/~AN A TTE$ T: AGEUD ..ITEM OCT 08 COLLIER COUNTY MANAGER'S OFFICE October 2, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Drive Naples, FL 34110 Re: Public Petition Request Dear Mr. Krame~: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 22, 2002, regarding the items listed on your letter faxed to this office on September 29, 2002 (attached). Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, -'~ames V. Mucld County Manager JVM/jb cc: David Weigel, County Attorney OCT 2 2002 Sep ~80~ 05: llp RemarkRJat~ROL ~.~i~d~mr~ P'' ~ public petition requests -Jim Kramer BCC agenda- October 8/22, 2002 1) discuss the CONSOLIDATION OF INDEPENDENT FIRE DISTRICTS into a unified county-wide department. 2) suggest that the COUNTY CABLE TV PRODUCE A DEBATE between County Commission candidates Frank Halas and Jiin Kramer for the District 2 seat with Dr. J-tm Carter as moderator/host so that he might ask the most knowledgeable questions of the next commissioner. 3) follow-up on TOWING OVERCHARGE and CHAOS IN COPELAND created by alleged hepatitis outbreak. Jim Kramer, candidate County Commissioner, District 2 992 Plymouth Rock Drive Naples FL 34110 239.450.2771 remarkr}@aol.com COLLIER COUNTY MANAGER'S 3301 East Tamiami Trail · Naples. Florida 34112 · 239-774-8383 · OFFICE FAX 239-40 ! 0 October 15, 2002 Ms. Ruby Hampton 257 Robinhood Circle #103 Naples FL 34104 Re: Public Petition Request to Discuss Auto Claim/Damage to Vehicle Dear Ms. Hampton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the ~'~ ~eeting of October 22, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, LEO:mjb cc: David Weigel, County Attorney Oc~ 08 O~ 11:50~ Donna 01$Irict 1 James D. Carter, Ph.D. District 2 Torn Hushing District 3 ~d W, ~1~ Jim ~e~a ~ 5 3301 E,~utt Tamlami Ttali · NattNo~ Flerida 3411;3. 4977 (239) 774-~0~? · Fax (23~) 7'/4.36a2 Ms. Ruby IIampton 257 Robinhood Circle #t 03 Naples, FL 34104 I{c: Anto T'lnmng~. Claim - August 2.002 Dear Ms. Hampton: October 1, 2002 / Thank y(.m !hr your recent letter regarding your auto damage claim. Plcasc be ad¥iscd that state and local iaws prohibit me fi-mn directing the stafft(~ take action on any issue, l')irec, lion cnn only be provide,~ by majority vote t': f the Board. of County Commissioners in a pubiicly adYe~ised meeting. Because the stall' hm ruled the Count)' is not Ii'able for these charges, the only way this can be considered is through the pul3tic petition process. Il'you wish to p~ition tb, e Board, you should send a letter to County Manager Jim Mudd rcqucsting an at~pearance before the Board vf County (:ommi~sioners ~a a future, regularly scheduled Board meeting. I t'~ope this information is helpfiz[ to you. If you should have any further questions or if'l can be of any assistance to you, please do nt~t hesitate to contact me. F\VC :vgr Since[ely, Fred W. Coyle .. Comm i ssioncr, District 4 OCT ll:50a p.1 October 8, 2002 VIA FAX #774-4010 Mr. Jim Mudch Cotmty Manager Board of Collier County Commi~ioners 3301 E. Tamiami Trail, 2aa Floor Naples, FL 34112 RE: Auto Clai~ge to car by Collier County Road Dear Sir: 1 have been trying to get a clahn paid by the county for 2 mos. and no one can help me. Mr. Coyle told me I could write to you and you could let me know when the next Board meeting is so I could appeal then. Could I please appear before the board and request my claim be paid? I work full time and would need to know ~vhen this meeting would take place so I could ask offtimc tiom work. I would very n~uch appreciate this. I would very much appreciate any help I could possibly get. I hil a HUGE pothole back in August causing $350 damage to my car and it has set me back financially. I work full time and a pair time job just to pay rent. Been trying to buy a condo (cheape~ one) in Naples hut can't afford much with what I make, being single and owing some bills. I have been a resident of Naples for 16 years, paid taxes, tag fees on two cars & driver license i~es, been notary for the State of Florida, given donations to police & fireman funds, etc. Now [ am asking help to pay tbr damages to my car because a pothole was NOT repaired by the County and I get turned down. It is hard for me to understand th/s. The pothole is sfiJl NOT repaired_ Please let me hear from you. My work/4643-7322 during the daytime, evenings at home atter 5:30 or leave a message #352-1409. If you need all the copies of the letters, est/mate, etc. fa,xed to you, please let me know. I have two letters fi.om Risk Management, letter fi.om Mr. Co:~'le, my estimate, etc. Thank you so very. much. Ruby Hampton 257 Robinhood Ch'cie #103 Naples, FL 34104 OCT 2 Z 2002 EXECUTIVE SUMMARY ADA-2002-AR-3030 RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, REPRESENTING WILLIAM T. HIGGS, REQUESTING AN ADMINISTRATIVE APPEAL TO OFFICIAL INTERPRETATION INTP-2002-AR-2421 CONCERNING LANDSCAPE BUFFER REQUIREMENTS FOR THE WHITE LAKE PUD PER LAND DEVELOPMENT CODE DIVISION 1.6 OBJECTIVE: The objective of this appeal is to seek a reversal of the interpretation issued by the Planning Services Director by the Collier County Board of Zoning Appeals, to the effect that the landscape buffer requirements as set forth in Section 2.2.35.4.2(A)1, as part of the Activity Center #9 Zoning Overlay District in the Land Development Code as opposed to the White Lake Corporate Park PUD, are the controlling development standards applicable to the portion of the PUD that has been subdivided and platted as White Lake Phase III. CONSIDERATIONS: On July 25, 2002 an official interpretation, INTP-2002-AR-2421 was rendered to Mr. Donald A. Pickworth, P.A. by the Collier County Planning Services Director. The interpretation followed an application made by Donald Pickworth to have the Planning Service~Director issue a formal application conceming the landscape buffer'3requirements of Activity Center #9 Zoning Overlay District and their relationship to the PUD requirements. Specifically whethq' the landscape buffers as set forth in the White Lake Corporate Park PUD~ are the controlling development standards applicable to the portion of the PUD that has been subdivided and platted as White Lake Phase III, as opposed to the landscape buffer width requirements set forth in Section 2.2.35.4.2(A)1. of the Land Development Code. On January 9, 2002 specific buffeting standards for areas identified as within the boundaries of the Activity Center #9 subdistrict of the Future Land Use Element of the Growth Management Plan were adopted via 0CT 2 2 2002 ordinance No. 02-03 referenced as Section 2.2.35 Activity Center #9 Overlay District in the LDC. The request for interpretation begged the question of whether or not the buffer width requirement applied to those areas of the PUD that had already received subdivision plat approval, specifically those areas platted as White Lake Phase III. The above referenced final plat was approved on March 28, 2000 and the White Lake Corporate Park PUD was adopted on October 23, 2001, via Ordinance No. 01-59. On January 9, 2002, Ordinance No. 02-03, was adopted, amending the Land Development Code, and as a result imposed supplemental development standards in the form of a zoning overlay, for properties located in Activity Center # 9. The White Lake Corporate Park PUD is located in Activity Center #9. These regulations specifically governed landscaping, signage and architectural controls. The Activity Center #9 Zoning Overlay district functions in the same manner as other overlay districts within the County. An overlay provides or attaches additional provisions and standards to the base-zoning district, purposely to regulate defined areas of special public interest, which are subject to supplemental regulations. In this case, the underlying zoning district is the PUD and the Activity Center # 9 Overlay contains supplemental regulations to the PUD. The language set forth in the White Lake Corporate Park PUD specifically provides that unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD (Section 2.2.D.). Furthermore, Division 1.20 of the Land Development Code clearly states that if the provisions of the Land Development Code conflict with those of any other statue, code, local ordinance, resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict. In this case, prior to the adoption of the overlay zoning district, the landscape buffer width requirement for properties adjacent to Collier Boulevard, S.R. 84 and within 400 linear feet of 1-75 was 20 feet. As a result of the adoption of the Activity Center # 9 overlay district, the buffer width requirement increased to 25 feet. Based on this information, the Planning Services Director issued a formal interpretation to the effect that where the overlay district's buffer requirements are more restrictive than those set forth in the PUD the more restrictive standards shall apply to development within a PUD. case, the buffer width requirement should be that as requirer Activity Center #9 Zoning Overlay. OCT 2 2 2002 The Board of Zoning Appeals, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the Planning Services Director and public testimony in light of the growth management plan, the future land use map, the code or official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals shall adopt the Planning Services Director's interpretation without modifications or conditions, or reject the interpretation. The Board of Zoning Appeals, shall not be authorized to modify or reject the Planning Services Director's interpretation unless such Board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, future land use map, the code or the official zoning atlas, or building code, whichever is applicable. FISCAL IMPACT: None GROWTH MANAGEMENT PLAN IMPACT: None RECOMMENDATION: That the official interpretation, INTP-2002-AR-2421 by the Planning Services Director concerning an interpretation of the provisions at section 2.2.35. (2.2.35.4.2(A)1.) of the Collier County Land Development Code be upheld. PREPARED BY: Current Planning Manager REVIEWED BY: Planning Services Director Io-q-o& Date Date APPROVED BY: ?dministrator, Comm. Dev. & En . Services Division Date AGENDA ~TEM No. "/ ~ 0CT 2 2 Z00Z BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY SITTING AS THE BOARD OF ZONING APPEALS In Re: INTP-2002-AR-2421 Request for official interpretation regarding the landscape buffer requirements for the White Lake PUD (Ordinance no. 01-59), per Division 1.6 of the Collier County Land Development Code (hereinafter the "Interpretation") N:OTICE OF APPEAL Pursuant to Section 116.6 of the Collier County Land Development Code (the "LDC"), Willigm T. Higgs, as Owner of the real property that is the subject of the above described Interpretation, by and through his undersigned attorney, hereby files an appeal of the Interpretation to the Board of Zoning Appeals. 1. The basis of this appeal is as follows: a. The Interpretation is contrary to the provisions of Ordinance 01-59. b. The Interpretation is contrary to the LDC. The Interpretation is inconsistent with the Future Land Use Element of the Collier County Growth Management Plan. The Interpretation is contrary to the Interchange Master Plan for Activity Center//9, which was adopted by Resolution 2001-45. In support of this appeal, Appellant submits the following information: RECEIVED a. Copy of the Interpretation AUG 2 3 2002 b. Copy of the Request for Interpretation c. Copy of Ordinance 01-59 In addition, Appellant relies on the provisions of the LDC, the Interchange Master Plan for Activity Center//9, and the Growth Management Plan, which are too voluminous to attach. Attached is Appellant's check in the amount of $500.00 as the required fee for this OCT 2 2 2002 appeal. By: ~ald A P'i~lc~orth Donald A. Pickworth, P.A. 5150 Tamiami Trail N. Suite 502 Naples, Florida 34103 Phone: 263-8060 Fax: 598-1161 Attorney for Appellant I hereby certify that the original of the foregoing has been filed thia~ day of 2002 by hand delivery to the Planning Servic Director. Dor/ald ^. P~ck,7ofi~ 2 2002 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DM.qION July 25, 2002 Mr. Donald A. Pickworth, P.A. Suite 602 Newgate Tower 5150 North Tamiami Trail Naples, FL 34103 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRrVE NAPLES, FL 34104 RE: INTP-2002-AR-2421 Request for official interpretation regarding the landscape buffer requirements for the White Lake PUD (Ordinnnee no. 01-59), Per Division 1.6 of the Collier County Land Development Code Dear Mr. Pickworth: You have asked me to render an official interpretation of the Collier County Land Development Code (LDC) as it relates to the landscape buffering requirements of the White Lake Corporate Park PUD (Ordinance No. 01-59) specifically whether the landscape buffers as set forth in the White Lake Corporate Park PUD are, the controlling development standards applicable to the portion of the PUD that has been subdivided and platted as White Lake Phase III, as opposed to the landscape buffer width requirements set forth in Section 2.2.35.4.2(A)1. of the LDC. On January 9, 2002 specific buffering standards for areas ideptified as within the boundaries of the Activity Center #9 subdistrict of the Future Land Use Element of the Growth Management Plan were adopted via Ordinance No. 02-03 referenced as Section 2.2.35. Activity Center #9 Zoning Overlay District in the LDC. It is my opinion that where the overlay district's buffer requirements are more restrictive than those set forth in the PUD, the more restrictive standards shall apply to development within the PUD. The above' referenced final plat was approved on March 28, 2000 and the White Lake Corporate Park PUD was adopted on October 23, 2001, via Ordinance No. 01-59. On January 9, '2002, Ordinance No. 02-03, was adopted, amending the Land Development Code, and as a result imposed supplemental development standards in the form of a zoningioverlay, for properties located in Activity Center # 9. The White Lake Corporate Park PUD is loc~ated in Activity Center #9. These regulations specifically governed landscaping signage and architectural controls. The Activity Center //9 Zoning Overlay district functions\in the same manner as other overlay districts within the County. An overlay provides or atta.c~hes additional provisions and standards to the base-zoning district, purposely to regulate defined'areas of special public interest, which are subject to supplemental regulations. In this case, the underlying zoning district is the PUD and the Activity Center # 9 Overlay contains supplemental regulations to the PUD. It is my opinion that the overriding issue here is one of timing. Section 2.2.20.2.1. of the Land Development Code provides that for PUD's, all development regulations and other applicable provisions of all county ordinances such as, but not limited to, all provisions of the Collier County Land Development Code, as may be amended, shall apply unless specifically modified by the approved PUD' document and PUD mast~ ~ ~,:-- "~-- property owner had sufficient notice that the adoption of site specific regulations gc ~err~g~"~ Fax (941) 643-6968 Phone (941) 403-2400 lie~_~n~ 2 2002 Mr. Donald A. Pickworth Page 2 July 16, 2002 including but not limited to landscape and architectural requirements were imminent, yet took no action to "exempt" or create development standards that "exempted" himself from any existing or future regulations governing development in Activity Center #9. In fact, the language set forth in the White Lake Corporate Park PUD specifically provides that unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD (Section 2.2.D.). Furthermore, Division 1.20 of the Land Development Code clearly states that if the provisions of the Land Development Code conflict with those of any other statue, code, local ordinance, resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict. In this case, prior to the adoption of the overlay zoning district, the landscape buffer width requirement for properties adjacent to Collier Boulevard, S.R. 84 and within 400 linear feet of 1-75 was 20 feet. As a result of the adoption of the Activity Center # 9 overlay district, the buffer width requirement increased to 25 feet. Thus with respect to this property, it is my opinion the more stringent width (25 feet) shall apply. The property owner of the subject site was clearly put on notice that the development regulations adopted subsequent to the Board of County Commissioners endorsement of the Interchange Activity Center Master Plan were specifically to be designed to create a "gateway" into Collier County through the use of supplemental and specific design elements, including design themes to be incorporated into the landscape, architecture, signage, gateway features and roadway lighting design, and should have expected that alternative standards were being developed which would likely impact the project. Evidence to that fact is provided in Section 2.2.D. of the PUD. Furthermore, section 2.2.A. of the PUD requires that regulations for development of the White Lake Corporate Park PUD shall be in accordance with applicable sections and part of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Unless otherwise modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD. In short, for projects within this PUD, for which site development plan applications had been received and deemed sufficient on or after January 19, 2002, i.e. the date upon which the LDC amendments were filed with the Secretary of the State, are subject to the supplemental regulations contained within the overlay. The provisions of the Land Development Code as outlined in Section 1.5.2.2. provide that certain previously approved development orders (,plats, final site development plans or phased site development plans) cannot be affected by the provisions of this code provided each such development order was lawfully issued prior to the effective date of this code (November 13, 1991) and remains effective according to the time limits and provisions established by this Code. The subject plat was submitted and approved at~er the effective date of the Land De' Code, hence this exception does not apply in this case. OCT 22 2002 Mr. Donald A. Pickworth Page 3 July 16, 2002 For such development applications that you would not want the later approved regulations to apply, you have the option of amending the PUD in order to exempt these projects from the supplemental regulations in the overlay. As an alternative, the Land Development Code provides that a variance may be authorized for any dimensional development standard, including landscaping and buffering requirements. Both of these options would require action and final approval by the Board of County Commissioners. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be advertised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, who will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a cheek, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Received, researched and rendered by: ~AICP as 0 Interim Director, Planning Services Dept. ved by: ~ Collier County Board of Commissioners James V. Mudd, Interim County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Johnnie Gebhardt, Permitting Supervisor Patrick G. White, Assistant County Attorney Marjorie M. Student, Assistant County Attorney OCT 2 2 2002 ~., ~ 8O80 April 10, 2002 Susan Murray, AICP Interim Planning Smviccs Department Director Collier County Community Development and Environmental Services Division 2800 No~ Horse.~o~ Drive N~lcs, Florida 34104 Re: Request for Interpretation Dear Ms. Murray: This is a Request for Interpretation pursuant to Division 1.6 of thc Collier County Land Development Code (hereina~r "LDC'). This request is being filed by thi.~ ~ZTa on behalf of William T. Higgs, owner and developer of all unsold real property within the Whit~ Lake Corporate Park PUD and the owner of certain lots within a subdivision of a portion of the lands comprising the White Lake Corporate Park PUD. Enclosed is our check in the amount of $275.00 for the processing of this request. Question Presented The queafion presented by this request is as follows: Whether the landscape buffers as set forth in the White Lake Corporate Park PUD are thc controUing development standarch applicable to that portion of thc PUD that has been subdivided ~md platted as White Lake Phase 1TI, as opposed to the landscape buffer set forth in Section 2.2.35.4.3 (1) a. of the Collier County Laud Development Code. Facts Prior to 1993 William T. Higgs 0aereina~r "Owner') aequ~ed emrtain mai property in Section 35, Township 49 South, Range 26 Bast. OCT 2 2 2002 Pursuant to the LDC, the Owner applied to the County for a chan~ in the zoning dasskfication of the property to Planned Unit Dovelopment (PUD). On January 5, 1993 the zoning classification was ch~,~gcd to PUD pmvaant to Ora;,,snce 93-01 which was subsequently amended by Ordinance 01-59, adopted O~tober 23, 2001 and which approved and adopted a PUD for thr prop~ty to be knOwn as White Lake Corporate Park PUD (hcreinat~ "tho PUD"). As required by tho LDC, the PUD contains devolopment st--dards for tho development of property within the PUD, including required landscap~ buffers. The requital buff~ inoludo cert,~in porjmct~ buffers assooiated with public rights of way, which rextxfire thaf'iall property bo developed on a lot or parcel con*_~elng a strip of land 20 feet in width and 8ontaining priori'bed vegetation. Pursuant,to the LDC, and in accordanc~ with tho PUD, tho Owne~ proc, eed~ to subdivide and p.ipt a portion of tho PUD property intn individual lots, said subdivision to be known as White Lake Phaso HI (hereinafter "tho Subdivision"). This involved the approval of improvement plans for tho required hnprovoments and the approval of a find plat. The final plat of tho Subdivision was approved by the County on March 28, 2000 and recorcl~cl at Plat Book 34, Pages 45 and 46 of thc Public Records of Colller County. As r~quircd by the LDC, the Owner constructed certain improvements within thc Subdivision, at the Owner's expense, as follows: Roads Sower lines Water lin~ Drainage facilities Tq~al cost of subdivision improvements ~ost $246,496 $212,070 $ 91,704 $673.036 Az requixcd by the LDC, tho road~ and drainago fac/I/t~es wer~ dedicated to tho County. Thc improvcmen~z were pr~l/minarily acc~ted by the County on luly 11, 2001, and a required maintenancc pc-riod the Owncr is required W convoy the watcr and sower lines to the County, at no cost tO thc County. Subsequent to the zpproval of the final plat, tho Ow~cr h~ bo=-n actively engaged in mark~' lots within the Subd/vision. Lot 9 wa~ sold on Suly 20, 2001 md an SDP for an ofli~w~Aou~e waz approvcA by the County on November 19, 2001, such approval having been given through the zpplic~on of tho devolopmant standard~ in the PUD, includ/ng tho landscape buffer. OCT 2 2 2002 On January 9, 2002 the County adopted OrdinAnce 2002-03, which amended the LDC, by among other things, creating au overlay district known as the Activity Centex g9 Zoning Owrlay District (hereinafter tho "overlay distriot'). The PUD is within Activity Center tsP. The overlay district purports W establish development standards for properties within the overlay district, including the PUD. Among the development standards established by the overlay district am landscape buffers, which are different than the landscape buffer required by the PUD. Prior to thc adoption of the overlay d/mr/ct, the Owner had conveyed Lots 3 and 4 of thc Subdivision. Subsequent to the adoption 0fthe overlay district the buyers of Lots 3 and 4 submitted SDPs in accordance with th~ developmcml standards contained in the PUD for the construction of a consmmtion company he~d~mrters and an irrigation company headquarters respectively. The County has refused to approve the SDP's because the landscape buffer, which conforms to the requirements of the PUD, does not conform to the landscape buffer set forth in the overlay district [Section 2.2.35.4.3 (1) ~_]. POINT I The overlay district is an amendment to, and therefore a part o/~ the LDC. Division 1.5 of thc LDC, entitled "Applicability" provides that "the provisions ofthi.~ code shall apply to all land, property and development in the total ~nincorporated ar~a of Collier County except as expressly and specifically provided otherwise in this code." Section 1.5.2 of thc LDC, entitled "Exceptions" provides for exceptions to the applicability of the LDC. Section 1.5.2.2, entitled "certain previously approved development orders" provides in pertinmt pan as follows: ~I'he provisions of&is code shall not affect the types, densities and intensities of land uses or thc yard or laodscape bu_ ffer width. reauirements o_f an_v (1)final subdgvirton plat and_final b,nvrovem.~.plan, (2) final site development plan, or (3) phased site development plan lhat has been approved for at least one final site development plan, provided each such development order was lawfully ~ prior to the effcctivc date of this code and remains effective accarding to the time limits and provisions established by this code." [emphasis suppli~'] OCT 2 2 2002 .il Sincc thc'Subdivision plat and the attcndaut improvement plans were approved prior to the ,mendment of thc code to include the overlay di~uict~ the requ/remcnts of the overlay district do not apply to the Subdivision. POINT II The overlay district was adopted pursuant W the Interchange Master Plan for Activity Cen~r//9 which w~ approved by tho County on ]Pebruary 13, 2001 pursuant to the requ/zem~'nts fo~ the adoption of an Intcrchangc Master Plan contained in thc Colli~ County Growth M~,,agcmcnt Plan. The Interchange Master Plan provides ~ it is applicable to "l~opcrt/e~ that arc zoned but undeveloped." By virtue of thc improvements de.scn"bed hcrcin h~ving been constructed, m~int,~ined, and accepted by the County, the Subdivision is devclope. A property. Accor,~i,~gly, since thc Interchange Master Plan does not apply to thc Subdivision, the overlay district c,,mot apply to thc Subdivision, and any construction or intcxpretation of the overlay distr/ct contrary to the Interchang~ Master Plan is ~hus inconsistent with the Growth Management Plan. For thc reasons stated heroin, we believe tho development standards applicable to the Subdivision are the development standards contained/n the White Lake Corporate Park PUD. We respectfully request an interpretation coy, firming this. If you need furthcr information please do not hesitate to contact m=. William T. Higgs Vcry~truly yours, _ Do~ld A. Pick'worth OCT 2 2 2002 OKD[NANCE NO. 01- 59 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 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM 'PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITE LAKE INDUSTRIAL CORPORATE PARK PUD, FOR PROPERTY LOCATED NORTHEAST OF AND ADJACENT TO THE INTERSECTION 1-75 AND COLLIER BOULEVARD (C.R. 951), IN SECTION 35, TOWNSHIP 49 SOLrTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 144.4+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-01, THE FORMER WHITE LAKE INDUSTRIAL PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, RWA, Inc., representing William T. Higgs, petitioned the ~)~d ~ C(~h~n'ty Commissioners to change the zoning classification of the herein described real propert/L ( NOW THEREFORE BE IT ORDAINED BY THE BOARD ~h~j C~UNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The zoning classification of the herein described real property located in Section 35, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to MPUD" Planned Unit Development in ar. cordanee with the PUD Document, attached hereto as Exhibit "A', which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinane~ Number 93-01, known as the White Lake Industrial Park PUD, adopted on Januarj 5, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREl~; This Ordinance shall become effective upon filing with the Depamnent of State. -1- OCT 2 2 2002 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .1~ D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Assistant County Attorney This ordinance filed with the ~ecretary of store's Office ~e omi ecknowledgement of t~at ~ c~ G:/adm~n/PUD-92-08(I ¥CB/cw -2- OCT 2 2 2002 WHITE LAKE CORPORATE PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WHITE LAKE CORPORATE PARK, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WILLIAM T. HIGGS 2666 AIRPORT ROAD SOUTH NAPLES, FLORIDA 34112 PREPARED BY: RWA, INC. ' 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 9/7/01 lo/aa Exhibit "A" OCT 2 2 2002 TABLE OF COHTENTS List of Exhibits and Tables Statement of Compliance Section I Legal l~ription, Property Ownership and General Description Section H Project Development ~?tion Section IV Industrial Development Standards Commercial Area Development Standards Section V Development Commitments i ii I-1 ILl 1TI-1 IV-I V-1 OCT 2 2 2002 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I PUD MASTER PLAN PROIECT LAND USE TRACTS OCT 2 2 2002 STATEMENT OF COMPLIANCE The development of approximately 144.4 acres of property in Collier County as a Planned Unit Development to be known as White Lake Corporate P~rk is in compliance with thc goals, objectives and policies of Collier County as set forth in tlie Growth Management Plan. The facilitie~ and improvements within the White I. Ake Corporate Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the clements of the Growth Management Plan for the following reasons: The subject property pwposed for development is within the Interchange Activity Center Subdistrict, and the Industrial District as identified on the Future Land Use Map'as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated ere consistent therewith. The subject property is located in Activity Center //9. The land uses, and land use intensities proposed ere consistent with the Future Land Use Element of the Collier County Growth Management Plan. Development of the White Lake Corporate Park PUD shall be consistent with the Activity Center #9 Interchange Master Plan. The subject property is located in the northeast quadrant of the 1-75/Collier Boulevard Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities. The project is a mixed-use development located within a desiguated Activity Center, therefore, thc proposed commercial, and industrial perk land uses arc consistent with the Future Land Use Element of thc Collier County Growth Management Plan. The development will be compatible with and complementary to existing and planned surrounding land uses. Thc development of the White Lake Corporate Park PUD 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 Usc Element. , Improvements are planned to be in compliance with applicable lang~development regulations as set forth in Objective 3 of the Future Land Use Element. The White I.ake Corporate Park PUD is planned to ifif'°rporatc natural systems for water management in accordance with their natural functio~as and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Publi6Facilities Element. 10. All final Development Orders within the White Lake Corporate Park PUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. OCT 2 2 2002 SECTION I PROPERTY OWNERSHIP AND DESCRIFNON 1.1 1.2 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to descr/be the existing conditions of the property proposed to be developed under the project name oflhe Wh/te Lake Corporate Park PUD. LEGALDESCRIFFION Description of the South Y: of Section 35 lying North and East of 1-75 Right-of-Way and bounded on the East by monumented and occupied line. All that part of Section 35, Township 49 South, Range 26 Bast, Collier County, Florida and being described as follows: Commencing at the West V, Section comer of said Section 35; thence along the Bast and West ¼ Section line of said Section 35, North 89'-00-01" East 401.67 feet to ihe Easterly Right-of-Way line of 1-75 and the POINT OF BEGINNING of thc parcel herein described; thence along the Right-of-Way line of said 1-75 the following seven (7) courses: (1) South 43'-47'-54" East 222.17 feet; (2) South 46°-47'-05" East 308.10 feet; (3) Southeasterly 1047.59 feet along the arc of a circular curve concavc to the northeast, having a radius of 2700.79 feet and being subtended by a chord which bears South 57°-53'-50" East 104 ! .03 feet; (4) South 69°-00-3Y' East 516.30 feet; (5) South 73°-00'-3Y' East 2839.52 feet; (6) Southeasterly 411.28 feet along the arc of a circular curve concave to the Northeast, having a radius of 1492.89 feet and being subtended by a chord which bears south 80'-54'-53' East 409.98 feet to a point of reversc curvaturc; (7) Easterly 22.49 feet along the are of a circular curve concave to the South, having a radius of 1562.89 feet and being subtended by a chord which bears South 88'-22'-53" Bast 22.49 feet to the East line of said Section 35; Thence leaving said 1-75 Right-of-Way continue along said East line of Section 35, North 1'-57'-08" West 2089.96 feet to thc East ¼ section comer of said Section 35; Thence along the East and West tA Section line of said Section 35, South 89°-00'- 00" West 4814.62 feet to the Point of Beginning of the parcel herein described; subject to a Florida Power and Light Company easement as recorded in O.1~ Book 681, pages 1214-1215, Collier County, Florida; also subject to other easements and restrictions or record; containing 144.4 acres of land more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the unified ownership of William T. High, 2666 Ah'port Road South, Naples, Florida 34112. I-I AGc~,~OA ITEJ~ OCT 2 2 2002 1.4 PHYSICAL DESCRIPTION This project is located Northeast of and adjacent to the/ntersection of Interstate 1-75 and County Road 951 in the South ½ of Section 35, Township 49 South, Range 26 East, Collier County, Florida. B. The zoning classification of the subject property is Planned Unit Development (PUD). C. The project site is within the South Florida Water Management District, Main Golden Gate Basin. D. Water management facilities for the pwposed project arc planned to bc of the lake detention type. E. Elevations within the project site range from $.2 to 12.9 feet above mean sea level. Most of the area, however, falls within the 9.5 to 12.0 feet of elevation category. F. The sitc is located in Flood Zone X according to FIRM Map, panel 425 of 1125, Collier County, Florida. The soil types on the subject property include Pineda fine sand, limestone substratum (approximately 13%) and Boca fine sand (approximately 55%). The remainder of the site (approximately 32 %) consists of a lake. Soil characteristics were derived fi'om thc Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. The property was historically utilized as an e.,u'th mining operation. Presently, thc property is being developed in accordance with Section 3.2 and Section 4.2 of thc former White Lake Corporate Park PUD. 1.$ PROJECT DESCRIPTION The White Lake Corporate Park PUD shall be a mixed-uso development, with a small commercial development opportunity located west of the FP&L easement on the White Lake Boulevard frontage, and the industrial development opportunity will remain over the balance of the PUD property. The commercial component of the development is limited to 96,165 square feet of gross leasable floor area, and will be located on a 7.85± acre parcel. The commercial land uses proposed are those typically a~ociated with major interchanges, including, but not limited to, convenience storaz with gas pumps, restaurants, fast-food and/or sit-down dining, and banks. The industrial/office park development is limited only by the land area available on the east side of the FP&L, easement 1.6 SHORT TITLE This Ordinance shall be known and cited az thc "White Lake Corporate Park Planned Unit Development Ordinance". I-2 LO SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE Thc purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the White Lake Corporate Park PUD development, as well u other project relationships. GENERAL Co Do Regulations for development of the White ~.ake Corporate Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other, applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in thc Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restfict/ons for the development of thc White Lake Corporate Park PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of thc Land Development Code, where applicable, remain in full force and effect with respect to thc development of the land that comprises this PUD. Development permitted by the approval of tiffs petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building perm/t issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS Thc project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There will be two land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". lI-I rTrr OCT 2 2 2002 TABLE I PROJECT LAND USE TRACTS T~PE ~ TRACT 'T' INDUSTRIAL 136.5 TRACI' "C" COMMERCIAL 7.8 Areas within thc~PUD may be excavated and constructed as lakes or, upon approval, may be ~onstructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Er, h/bit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 DEVELOPMEN'rSCHEDULE 2.5 The intent of the Developer is to proceed with and complete the subdivision process for the final phase of development and to construct the infrastructure improvement as soon as all necessary permits are received. Individual lots will then be sold to prospective end-users for development. Build-out is estimated to occur in the year 2002. OPEN SPACE A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space in accordance with the Section 2.6.32.3. of the Collier County Land Development Code. This requirement shall not apply to individual development parcels. Of the project's total 144.4+ acres, thc following acreages r~present 38% of the total site, all contributing to open space. Lake: 36.6+ Ac. - Wetland Conservation Area: 9.3+ Ac. Native Landscaping: 6.9'~: Ac. FPL Easement: 3.0-J: Ac. 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record plat for all or part of the PUD, final plans of all required improvements shall receive approval of the ~ppropriate Collier County governmental agency to insure compliance with the PUD Muter Development Plan, thc Collier County Subdivision Code,' and thc platting laws of the State of Florida. H-2 OCt 2 2 2002 pg. ~o~ Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If required, a preliminary subdivisiou plat shall be submitted for thc entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and Ihe platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance ora building permit or other development order. Do Eo The development of any tract or parcel approved for commercial or industrial development contemplating fee simple ownership of land for each commercial or industrial unit or parcel, shall be required ~o submit and receive approval of a preliminary subdivision plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methodz for providing perpetual maintenance of common facilities. 2.7 LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of thc Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may bc excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3. i. of the Land Development Code, however, removal of fill fi.om thc White Lake Corporate Park PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.8 USE OF RIGHTS-OF-WAY Ail platted project streets shall be private and shall be classified as local streets: Utilization of lands within all project fights-of-way for landfcaping, decorative entranceways, and signage may be allowed subject to review and administrative appwval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and relinements as described in Section $.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. H-3 OCT 22 2002 2.10 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. Ali necessary easements, dedications, or other instruments shall bc granted to insure thc continued operation and raaintcnance of all service utilities in compliance with applicable regulations in effect at 'the time of adoption of this Ordinance establishing the White Lake Corporate Park PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the White Lake Corporate Park PUD, tbe developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of ali common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.11 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the White Lake Corporate Park PUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 Stockpile maximum height: thirty-five (35) feet Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. E. Fill storage shall not be permitted in Preserve Areas. ,~ 2.12 REQUIRED ENVIRONMENTAL PERMITTING , Where the development of land within tho White Lake Corporat~ Park PUD requ/res a permit from a l~cat, State, or Federal agency with j~isdiction over the property proposed for devclopment, the developer shall obtain such pen~,~ its prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS White Lake Corporate Park PUD will be consistent with Policy 6.4.6 of the Conservation and Coastal Management Element of tho Collie~ County Growth Management Plan, by adhering to the provisions of Section 3.9.5.5.3 of the Collier County Land Dcveiopment Code. H-4 OCT 2 2 2002 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of thc Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, thc provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the White Lake Corporate Park PUD DisU'ict on fl~e Official Zoning Map will be governed by the adopted development regulations, PUD Master Plan, and all applicable provisions of the Collier County Land Development Code. 2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS Commercial land uses shall comply with thc provisions of Section 2.8.3. of the Land Development Code. Land uses proposed adjacent to the White Lake Boulevard Right-of- Way, visible from the 1-75 travel lanes, shall comply with the applicable architectural design guidelines set forth in Division 2.8 of the Land Development Code, and may request alternative architectural design standards as provided in, and in accordance with, the provisions of Section 2.8.2.5 of the Land Development Code. Alternative standards shall be evaluated for their consistency with the purpose and intent of the Activity Center//9 Interchange Master Plan. The purpose of the architectural guidelines and standards is to provide a pleasing visual experience from the 1-75 corridor in an effort to create a gateway into Naples and Collier County, thereby advancing the purpose of the Activity Center #9 Interchange Master Plan. At such time as Collier County adopts design standards for the Activity Center #9 Interchange Master Plan, those standards shall apply to this PUD. H-5 OCT 2 2 2002 3.1 3.2 SECTION HI INDUSTRIAL DEVELOPMENT AREA PURPOSE The purpose of this Section is to set forth the development plan for aresz designated az Tract 'T', Industrial Development Area on Exhibit "A", PUD Master Plan. USES PERMITTED No building or structure, or par~ thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~: !) Agricultural related services (Industry. Numbers 0711-0724, 0761, 0782, and 0783); 2) Apparel and other finished products as defined under Major Group 23; 3) Automotive repair, services, and parking az defined in Major Group 75; 4) Building construction az defined under Major Group 15; 5) Business services (Industry Numbers 7312, 7313, 7319, 7334-7336, and 7342-7389 ); 6) CornmunicaQous as defined under Major Group 48; 7) Construction - special trade contractors as defined under Major Group 17; 8) Eating and chSnking places (Industry Number 5812); 9) Educational services 0_nduztry Numbers 8243-8249); 10) Electronic and other electrical equipment and components, except computer equipment as defined under Major Group 36; 11) Engineering, accounting, research, management, and related services (industry Numbers 8711-8733); 12) Fabricated metal product~, except machinery and tran~o~on equipment (industry Numbers 3411-3479, and 3499); 13) Food and kindred product~ (Indnstry Numbers 2011-2099). Slaughtering Plants of any kind are prohibited; 14) Furniture and fixtures az defined under Major Group 25; 15) Heavy construction other than building construction-contractors az defined under Major Group 16; III-2 t Refcrcnc, Executive Office of the Pmaid~nk Offic~ of Maaagexaent and Budget, Standard Industrial Manual, 1987 Edition. AGEI~, .A OCT 2 2 2002 16) Industrial and commercial machinery and computer equipment as defined under Major Group 35; 17) Leather and leather products (Industry Numbers 3131-3199); 18) Local, and suburban tramit and interurban highway pa~eager transportation as defined under Major Group 41; 19) Lumber and wood products (Industry Numbers 2426, 2431-2499); 20) Measuring, analyzing and controlling in.vtrumeots; photographic, medical and optical goods; watches and clocks as de£med under Major Group 38; 21) Membership organizations (Industry Numbers 8611 and 8631); 22) Miscellaneous manufacturing indnslties as defined under Major Group 39; 23) Miscellaneous repair seawices (Industry Number 7692); 24) Motor fteigl~t transportation and warehousing (Industry Numbers 4212 - 4226); 25) Paper and allied products (Industry Numbers 2652-2679); 26) Personal services (Industry Number 7219); 27) Printing, publishing, and allied indus~es as defined under Major Group 27; 28) Rubber and miscellaneous plastics (Industry Numbers 3021-3089); 29) St_one, glass, and concrcte products (Industry Numbers 3211, 3251-3273, and 3281); 30) Textile mill products (Industry Numbers 2211, 2221, 2241, 2251-2259, and 2273-2299); 31) Transportation equipment (Industry Numbers 3714, 3716, 3728, 3732, 3751, 3769, 3792, and 3799); 32) Transportation services (Industry Numbers 4731, and 4783 ); 33) United States Postal Service as defined under Major Group 43; 34) Wholesale trade-durable goods (Industry Numbers 5012-5014, 5021-5049, 5063-5088, 5091, 5092 and 5094); 35) Wholesale trade-nondurable goods (Indns~j Numbers 5111-5159, 5181, 5182, and 5199); 36) Any other use which is comparable i~ nature to the foregoing land uses as determined by the Collier County Planning Services Director. I11-3 OCT 2 2 2002 3.3 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, iucluding, but not limited to: 1) Parking facilities; 2) Customary accessory and incidental uses and structures associated with permitted principal uses of this PUD; 3) Retail sales and/or display areas as' accessory to the principal use, not to exceed a~. area greater than twenty percent (20%) of the gross floor area of thc pcrmi~ed principal use and subject to retail standards for landscaping, parking and open space. DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forkh below shall be understood to be in relation to individual pamel or lot boundary lines, or between structures. Front ~ard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. B. MINIMUM LOT AREA: 20,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS: 1) Front Yard: 50 feet; 2) Side Yard: 20 feet; 3) RcarYard: 15 feet; 4) Waterfront: 25 feet; 4) Yards abutting off-site residential land uses: 50 feet; 5) Parcels witl's two frontages may reduce one front yard by l0 feet. MINIMUM DISTANCE BETWEEN STRUCTLrRBS: Placc~nent of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. MAXIMUM HBIOHT: 50 feet. MINIMUM FLOOR AREA: !,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. Fo m-4 OCT 2 2 2002 OUTSIDE STORAGE: Outside s~orase of manufactured products, raw or finished materials, or vehicles other than passenger vehicles is permitted in this PUD subject to the provision of screening wills a fence at least 7 feet in hcighl above ground level from all adjacent or abulting residentially zoned or developed land. Said fence or wall shall be opaque in de. sign, and made of masonry, wood, or other materials approved by thc Collier County Planning Services Director. rrl.$ OCT 2 2 2002 L SECTION IV COMMERCIAL DEVELOPMENT AREA 4.1 PURPOSE The puq~ose of this Section is to set forth the development plan for areas designated a~ Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. 4.2 MAXIMUM COMMERCIAL SQUARE FEET The 7.85± acre Commercial Development Area (Tract "C"), shall not be developed with more than 96,165 square feet of commercial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. 4.3 USES PERMITTED No building or structure, or part thereof, shall bc erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Us~t: 1) Apparel and accessory stores as defined under Major Group 56; 2) Automotive dealers and gasoline service stations (Industry Numbers 5531, and 5541); 3) Building materials, hardware, and garden supply (Industry Numbers 5211- 5261); 4) Business services (Industry Numbers 7311, 7334, and 7371); 5) Carwashes 0ndustryNumber 7542); 6) Eating and drinking places as defined under Major Group 58;, 7) Engineering, accounting, research, and management (Numbqg~ 8711 with no outside equipment storage, 8712 with no outside equipment storage, 8721, 8732, 8742, 8743, and 8748); 8) Finance, insurance, and real estate as ~efmed under Major Groups 60, 61, 62, 63, 64, 65, and 67; 9) Food stores as defined under Major Group 54; 10) General merchandise stores as defined under Major Group 53; 11) Government offices as defined under Major Group 91; ~ Reference Executive Office of the P~.sident. Office of Managen~nt and Budget, Manual, 1987 Edition. ! AC, ENDA 4.4 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels (Industry Number 7011). No more than 150 rooms shall be permitted; 14) Legal services as defined under Major Group 81; 15) Miscellaneous retail as defined under Major Gwup 59, not including Industry Numbers 5932, 5961, 5983'-.5989, and not including the retail sale of fireworks; 16) Motion pictures as defined under Major Group 78; 17) Personal services (Industry Numbers 721 l, 7215, 7216 except rug cleaning, 7221-7291, and 7299, only including car title and tag service, computer photography or portraits, costume rental, dr~ss suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salo.ns). B. Accessory Uses Accesso~ uses and structures customarily associated with the permitted principal uses and structures, including, but not limite~t to: 1) Parking facilities; 2) One caretaker's residence. DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setback~ shall be measured from back of curb or edge of pavement, whichever is closer to thc structure. B. MINIMUM LOT AREA: 10,000 squa~ feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS (INTERNAL): !) Front Yard: 25 feet, or one-halt'oft.he building height aa me. aaured from each exterior wall, whichever is greater; 2) Side Yard: i0 feet; 3) Rear Yard: One-half of the building height; 4) Parcels with two frontages may reduc.~ one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTU'R~: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. MAXIMUM HEIGHT: 50 feet. AGENDA I ~TE~ 0el 2 2 2002 Fo MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on lhe first finished floor. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. OU'I~IDE STORAGE AND DISPLAY: Outside storage and display is prohibited in Tract C ~s depicted on Exhibit "A", PUD Master Plan, with the exception of gard.en centers. CARETAKER'S RESIDENCE: One (!) caretaker's residence shall be permitted for the commercial development area, subject to the fgliowing: 1) Thc residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits that comply with fire cedes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. Parking for the caretaker's residences shall be in addition to any other required parking facilities. AGENO~A ~TEM OCT 2 2 2002 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project GENERAL All facilities shall be constructed in strict accorda~lce with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platt-od. The developer, his successor and assigns shall be responsibl~, for the commitments outlined ia this document. The developer, his successor or aasignee, shall follow the Maater Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications aa may be agreed to in the rezoning of the property. In addJticn, any successor or aasignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plat/ illustrates the proposed development and is conccpttial in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made fi.om time to time. All necessary casements, dedications, or other instalments shall be granted to insure thc continued operation and maintenance of all services and all common areas in thc project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the White Lake Corporate Park PUD Master Plan upon written request of the developer. 1) The following limitations shall apply Io such requests: a. Thc minor change or refinement shall be consistent with thc Collier County Growth Management Plan and the White Lake Corporate Park PUD document. Thc minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-I OCT 2 2 2002 5.4 The minor change or refinement shall be compatible with adjacent land nscs, and shall not create detrimental impacts to abutting land uses, water management facilities, aha preserve areas within; or external to the PUD boundaries. 2) 4) SCHEDULE PROVISION The following shall be considered minor changes or refinements, subject to the limitations of Subsection 5.3.C. 1) of this document: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Recor//i. guration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management Dish/ct and Collier County. c. Internal realignment of vehicular circulation patterns. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure o~mpliancc with all applicable County ordinances and regulations prior to thc Administrator's consideration for approval. Appwval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however, the Administrator's, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. OF DEVELOPMENT/MONITORING REPORT AND SUNSET This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and 'governed by the following conditions: Ao Thc developer shall maintain joint'shared access with the adjacent property (Citygate PUD), via White Lake Boulevard. The pet/tioner shall provide left turn lanes and arterial lcvcl slreet lighting at all project entrances, if deemed warranted by Collier County. The turn lanes and arterial level street lighting shall be provided when requested by thc County. Co The petitioner shall be responsible for a fair share contribution of the site related roadway improvements at the Collier Boulevard/White Lake Boulevard intersection, which has been determined to be $118,850.00, and shall be paid to Collier County on or before October 1,2001. V-2 OCT 2 2 2002 5.6 ENGINEERING 5.7 5.8 The development of this PUD Master Development Plan shall bc subject to and governed by thc following conditions: Detailed paving, grading site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be isaued unless and until approval of thc proposed consWuction with the submitted plans is gl'anted by Engineering Review Services. Bo The internal right-of-way cross-section shall be in accordance with the typical section depicted on Exhibit "A", PUD Master Plan. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of thc Collier County Land Development Code. Work with/n Coil/er County right-of-way sh~ll meet the requirements of Collier County Right-Of-Way Ordinance 82-91. The project shall 'be platted in accordance with the Collier County Land Development Code to define the right-of-way, tracts, and easements as shown on the Maater Plan. WATER MANAGEMENT The development of this PUD Master Development Plan shall I~e subject to and governed by the following conditions: A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Plat and Construction Plan artd/or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan approval. Bo Ali requirements of Excavation Permit No. 59.133 shall be complied with. If an annual report is not filed, the excavation permit will be considered void in accordance with the Land Development Code and a complete resubmission will be neceasax'y. UTILITIES The development of this PUD Master Development Plan shall be subject to and'governed by the following conditions: Water distn~oution, s~wage collection and transmission and interim water and/or sewage treatment facilities to serve the projec: axe to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable Cou:~ty rules and regulations. V-3 OCT 2 2 2002 n- .... 5.9 The on-site water disUibution system to serve thc project must be connected to the District's water main consistent with tile main sizing requirements specified in thc County's Water Master Plan and extended throughout thc project. During design of these facilities, the following features shall be incorporated into thc distribution system: !. Dead-end mn_ins shall be eliminated by looping the int~nal pipeline network; 2. Stubs for future system interconnection with adjacent properties s_hali be provided to thc east property line of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project; 2. Thc utility conslruction documents for thc project's seweragn system shall be prepared so that all sewage flowing into the County's seweragc system is transmitted by one (1) main on-site pump station. Thc developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan; 3. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if neces.~ary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands for the pro. lee2 and thc District's existing committed capacity. ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A Wetland preserve/conservation areas shall be surveyed prior to construction plan/plat approval. A conservation easement similar to or as per Chapter 704.06 Florida Statutes shall be created and indicated on the plat, and shall be recorded in the Public Records of Collier County. ' B. All State and Federal permits that may affect the design of this project shall be submitted to Engineering Review Services prior to final subdivisio~plat approval. C. The use of native species itl landscape plans shah be m accordance with Section 2.4.4.1 of the Collier County Land Development Code. D. Prohibited exotic vegctation rumoval shall be~erfotmed in accordance with Section 3.9.6.6 of the Collier County Land Developme~, t Code. E. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other, constmclion activity a historic artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contact',xl. F. The mitigation plan for the preserve and buffer areas is provided in the Environmental Impact Statement. V--4 The PUD Master Plan provides 4.9 acres of conservation area on-site. An additional 6.9 acres of native landscaping will be planted on site, and 0.3 acres of littoral vegetation will be restored along the entire lake bank where it abuts the conservation area. Mitigation planting within conservation areas, buffers and lake littoral zones shall be completed prior to preliminary acceptance of the next phase . of the developmenL 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of in~cmre construction. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code, and the Activity Center #9 Interchange Master Plan. 5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and weals are generally permitted as a principal usc throughout the White Lake Corporate Park PUD, except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berrns 3:1 2) Ground covered berms 3:1 3) Rip-Rapbenns l:l 4) Structural walled berms may be vertical. Fencing materials shall be of either wood, masonry or similar material, except an eight (8) foot high unified, opaque, modular concrete fence/wall shall be constructed along White Lake Boulevard associated with Tract "I". A type landscape buffer shall be placed along the street side of said fence/wall. The fence/wall shall be located a minimum of five ($) feet from the White Lake Boulevard right-of-way. Construction of the fence/wall shall occur prior to or concurrently with building construction on each parcel, Do Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown eleVation of thc nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm eleVation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, 1:1, or vertical). Do Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-str~-t parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code, and the Activity Center #9 Interchange Master Plan. V-$ AGENDA OCT 2 2 2002 t /,/' il / ,~ , $ EXHIBIT 'A ' OCT 2 2 2.002 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-59 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2001, during Regular Session. WITNESS my hand and the official seal of the Board ~of County Commissioners-of Collier County, Florida, this 2~ d~:~ of October, 2001. [-r]~ . DWIGHT E. BROCK" '~..,u.. ", By: Terl Mlch~,~%~, c%L' ,," Deputy OCT 2 2 2002 ACTIVITY CENTER # 9 ZONING OVERLAY DISTRICT REGULATIONS AGENDA I'I'E:M ~ OCT 2 2 2002 ZONING 2.2.35.3 2.2.34.5.2. 2.2.~.6. 2.2.34.6.1. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. a. No vehicle shall block or impede trsffic. Storage and display of fishing related equipment. Within the VR and RSF-4 zor~ing districts, fishing equipment, such as crab traps, anchors and other similar items, may be displayed or stored in any yard subject to the following conditions. a. The storage of fishing related equipment is permitted only in association with a fishing-related business. b. Storage of toxic materials is prohibited. c. The storage or display area shall be located a minimttm of five feet from any property line or county right-of-way. d. Fishing related items may be used for decorative purposes. (Ord. No. 00-92, § 3~; Ord. No. 01-34, § 3.B.) Sec. 2~2~q5. Activity Center ~9 Zoning Overlay District. Establishment of special conditions for the properties and rights-of-way located within the activity center ~J as identified on the Collier County Mixed Use and Interchange Activity Center Map. 2.2.35.1. Purpose and intent. The purpose of this designation is to create an enhanced entryway into the Naples urban area through appropriate, unified design elements and standards. The implementation of which will result in an attractive, positive image as outlined in the vision statement of the Activity Center ~9 Interchsnge Master Plan. 2.2.35.2. Applicability. These regulations apply to the following properties within Activity Center ~J as identified in the Interchange Master Plan Land Use Map: 1. All buildings and projects that are subject to the requirements of division 2.8 of this Code. 2. Nonresidential land uses abutting any public street except industrial buildings internal to industrial PUD zoned project that are located no less than 200 feet fxom the public street. 2.2.35.3. Building and project des/gn standards. All buildings and projects within Activity Center ~9 shall be developed or redeveloped in accordance with one or more of the design themes defined in the Activity Center ~9 Interchange Master Plan. The design themes shall be incorporated into architecture, landscape, signage, and gateway features and roadway lighting. Supp. No. 13 LDC2:124.27 OCT 2 2 2002 2.2.35.3.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.35.3.1. 2.2.35.3.2. 2.2.35.3.3. Supp. No. 13 All buildings shall meet the architectural and site design requirements set forth in division 2.8., of this Code except as set forth below. Architectural sty/e. Buildings within the Activity Center ~9 shall be limited to three complementary character themes: Everglades, Rural and Old Florida, as defined in the V'mion Statement of the Activity Center ~9 Interchange Master Plan. General requirements. In addition to the requirements of division 2.8, build- ings shall have features that characterize the area character themes. These elements include: 1. Primary facade treatment. All primary facades of a buildiog shall feature one or more of the following design elements listed below: a. Porch. b. Portico. c. Elevated first floor or elevated entry. d. Any other treatment which the planning services director deter- mines to represent the character themes of this overlay district. 2. Roof treatment. a. Buildings with gross floor areas of less than 10,000 square feet shall have pitched roofs. Pitched roofs shall have a minimum of 4/12 slope. b. Buildings with gross floor areas of 10,000 square feet or greater shall have one or more of the following roof treatments: i. Pitched roof with a minimum slope of 4/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of 5(~percent of the length of any primary facade, and a mlnlmum'df" 30 percent of the attached facades as measured from the connection point. c. Industrial use buildings shall hav~one or more of the following roof treatments: ~ i. Pitched roof with a minim~m slope of 3/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a mlnim,~m of 30 percent of the length of any primary facade, and 20 percent of the attached facades as measured from the connection point. d. Roof material sbol! be tile or metal. LDC2:124.28 OCT 2 2 2002 ZONING 2.2.35.4.2 2.2.35.4. 2.2.35.4.1. 2.2.35.4.2. Supp. No. 13 e. Roof overhangs shall be deep, no less than three feet beyond the supporting walls. f. To create articulation, roofs shall include a minimum of one of the following architectural elements: i. Clearstory windows. ii. Cupolas. iv. Any other treatment which the .pl~nnlng services director determines to represent the character themes of this overlay Landscaping and buffering. As required in division 2.4., of this Code, except as set forth below. Applicability. In addition to the requirements set forth in division 2.4., the requirements for landscaping pursuant to subsection 2.8.3.7. shall apply to all development approvals within Activity Center ~J, regardless of the gross building area. Landscape buffers adjacent to road rights-of-way. In addition to the require- ments for a Type D buffer, the following requirements shall apply: A. Landscape buffers adjacent to Collier Boulevard, S.R. 84. (Davis Boule- vard and Beck Boulevard) and within 400 linear feet of 1-75 fight-of-way line: 1. Shall measure a minimum of 25 feet in width. 2. The required number of trees shall be supplemented by an addi- tional pMm tree planting in the amount of 25 percent. 3. Undulating beds of ornamental grasses and/or ground cover beds shall be incorporated for at least 30 percent of the required buffer strip area. 4. All required trees shall be a minimum of 12 feet in height. 5. Where industrial land uses abut 1-75, an eight-foot high ,mli~ied, opaque, masonry wall is required. Landscape buffers shall be placed along the street side of said wall. The wall shall be located at the edge of the landscape buffer farthest from the property line. B. Landscape buffers adjacent to all other public streets: 1. Shah measure a minimum of 15 feet in width. 2. Undulating beds of ornamental grasses and ground cover beds shah be incorporated for a least 25 percent of the required buffer strip area. ~~ LDC2:124.29 OCT 2 2 2002 2.2.35.4.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.35.5. 3. Ail required trees shall be a nnlnlrn'nm of 12 feet in height. C. Landscape buffers, signa~e and lighting fixtures in residential areas shall feature a unified design at point of ingress/egress. Lighting and signage. Lighting fixtures and signage within the Activity Center ~9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 2.8.3.2, regardless of the gross bui]dlng area. Activity Center ~9 Overlay District Map 2.2.35.-1 (Ord. No. 02-3, § 3.B.) Sec. 2~,.36. Establishment of interim development controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) Zoning District. 2.2.36.1. Purpose and intent. The purpose and intent of the interim development controls (moratorium) for the residential tourist (RT) zoning districts in the Vanderbilt Beach area is to restrict most development and redeve] Supp. No. 13 LDC2:124.30 OCT 2 2 2002 EXECUTIVE SUMMARY VA-2002-AR-2015 AUSTIN WHITE, OF BECKER & POLIAKOFF, P.A., REPRESENTING UNIT OWNERS OF THE MANATEE RESORT CONDOMINIUM ASSOCIATION, REQUESTING RELIEF IN THE RT ZONING DISTRICT FROM THE 500 SQUARE FOOT MAXIMUM SIZE FOR A HOTEL UNIT SET FORTH IN LDC SECTION 2.2.8.4.7.2.1., TO ALLOW FOUR (4) UNITS OF THE TOTAL 19 AS-BUILT UNITS TO HAVE 3,200 SQUARE FEET OF FLOOR AREA (INCLUDES 550 SQUARE FOOT LANAI) AND TO ALLOW 15 UNITS TO HAVE 2,625 SQUARE FEET OF FLOOR AREA (INCLUDES 543 SQUARE FOOT LANAI), FOR PROPERTY LOCATED AT 9566 GULFSHORE DRIVE, FURTHER DESCRIBED AS THE NORTH 50 FEET OF LOT 14 AND ALL OF LOTS 15 & 16, BLOCK B, CONNERS VANDERBILT BEACH ESTATES UNIT 1, COLLIER COUNTY, FLORIDA. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The petitioner is requesting an after-the-fact variance from the 500 square foot maximum size requirement for a hotel unit in the Residential Tourist "RT" zoning district, to allow 4 of the existing 19 units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area. The Collier County Land Development Code (LDC) Section 2.2.8.1 sets forth the following in the Purpose and Intent of the RT zoning district: · to provide lands for tourist accommodations and support facili ties, and mul tiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County growth management plan. The LDC addresses minimum floor area standards within the RT zoning district in LDC Section 2.2.8.4.7.2.1. stating: .Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, Staff has analyzed the purpose and intent, and the standards in conjunction wi: request, and provides that synopsis below. G:\Current\Deselem~Vafiances\Manatee-VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Page 2 2 200 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a practical difficulty. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2015 to the BZA with a recommendation of approval with following conditions. There is a structure-related hardship. The structure was constructed in compliance with a county- approved SDP. The relief being sought, if granted, will not require physical alteration of the structure. The structure does not need relief from any setback requirements. This structure is surrounded by structures of a similar type, construction, use and zoning. Depending upon when other hotel buildings were approved and constructed, there may be other structures that legally exceed the 500 square foot unit size, because an amendment to county regulations did remove the limitation for a short time, before a subsequent amendment re-instated the limitation. Staff believes there are there special conditions and circumstances, which do not result from the action of the petitioner such as pre-existing conditions relative to the property, which is the subject of the variance request. The petitioner in this petition is the Manatee Towers Condominium Association, not the original builder. As previously noted, the structure was constructed in compliance with all required county approvals. The SDP submitted by the developer and approved by county staff showed the minimum floor area at 2,200 square feet. The current owners had no knowledge that the building would face code violations notices for non-compliance. Testimony was given at the CCPC meeting from one property owner who stated that he did not know tl!0l the Manatee Tower was considered a hotel. He was unaware of any problems associated with the use of the structure as a multi-family building. The SDP approved by Collier County authorized the hotel use. The petitioner's attorney stated that the existing structure is currently operated as a hotel, meeting all legal req~uirements for said use. There seems to be confusion involving the use of the site and the method in ~hich ownership is held. The use of the site is a hotel. A Condominium Association holds the ownership. The fact that the ownership is held by a condominium does not necessarily ,mean that use is a multi-family building; the use is a hotel, regardless of ownership method. The issues of ownership and use are separate. If this variance is not approved, the petitioner can attempt to abate the code violation by changing the use from a hotel to a multi-family use. However, to do that, the number of units must be reduced to be in compliance with the GMP, or the GMP and the LDC must be amended to allow the extra unit. (It is doubtful that staff would support amendments to the GMP and the LCD to increase the allowable density.) The number of units can be reduced if one of the nineteen units within the structure is converted to a use other than a dwelling unit, e.g., converted into an amenity for the other residents such as a recreation area, the project would then meet the density to allow the use to be converted into a multi-family use. Once the project is in compliance with the GMP -,, amendment to the SDP could be sought to change the use to a multi-family building. A~,NOA ~ G:\Current\Deselem\Vadances\Manatee-VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Page 3 of~[~T Z 2 Z002 Staff believes that a literal interpretation of the provisions of the LDC would cause an unnecessary and undue hardship on the petitioners. If this variance is not approved, every unit within Manatee Resort would need to be reconfigured to reduce the floor area to 500 square feet, because all rooms exceed the maximum floor area limitation. Staff believes there would be no public benefit derived if the petitioner were required to adhere to the literal interpretation, i.e., reduce all units to 500 square feet, nor would there be any detriment to the public welfare if the variance is approved. No external changes to the existing structure would be required if the variance were approved. The building's overall appearance will not change if the variance is approved since the impact of internal unit configuration is not discemable from outside the structure. Staff believes approval of the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Approving this variance will bring the internal configuration of the building into compliance with county regulations regarding unit size. There will be no external impacts if this variance is approved. The issue involved in this variance has no effect upon the outward appearance of the subject property. Approval of the variance will not cause the project to generate additional light, noise or odors so as to be incompatible with surrounding land uses. Conversely, if the variance is denied, demolition of the entire building could result. The demolition impacts could negatively affect the neighborhood, because of dump truck traffic, and the creation of dust and noise. Approval of this variance will not compromise or act to the detriment of the General Purpose of the Land Development Code [LDC Section 2.1.2] which states that the general purpose of the LDC is:" to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the county." To ensure that the hotel is the actual use, staff has included conditions that will link the variance approval to compliance with evidence to ensure that the structure is operated as a hotel. Staff is recommending approval of the variance with the following conditions: In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, the ownership entity must provide to the county attorney's office and to Development Services staff the following items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel and transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes b' umt owner. If appropriate, an affidavit from the affected unit owner that si G:\Current\Deselem\Vadances\Manatee--VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Page, , oath inrti,ulrhml ttes ~{J I[~ has not been occupied within specific dates, therefore bed taxes were not due. PUBLIC INPUT: Several neighboring property owners testified at the CCPC on July 18, 2002. Much of the testimony centered on the use of the structure as a hotel. The general consensus among the neighbors appeared to be that the structure is not a hotel. The neighbors stated that they believe the structure is used as a multi-family building. The neighbors stated that they think calling the structure a hotel was a method to circumvent the maximum density limitation for the residential multi-family use that actually exists on the property. The neighbors testified that they want the variance petition to allow larger units in a "hotel" to be denied. The neighbors testified that they want the structure to be a multi-family residential use not a hotel. G:\Current\Deselem\Vadances\Manatee-VA-2002-AR-2015'~XECUTIVE SUMMARY.doc F AC.,ENOA OCT 2 2 2002 ,o '-/ 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. ENVIRONMENTAL ISSUES: '~ . The site is developed. There are no environmental issues associated with this petition. HISTORIC/ARC .!~AEOLOGICAL 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. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the July 18, 2002 CCPC meeting. Mr. Budd motioned to forward petition VA-2002-AR-2015 with a recommendation of APPROVAL WITH THE CONDITIONS in the staff report, Mr. Wolfley seconded. Mr. Richardson stated that he would rather see this turned down and pass along a message to make a change in the code so they can deal with this in a residential condominium fashion. Mr. Adelstein agreed and felt by approving, it would be compounding a fraud. Mrs. Young agreed. Mr. Strain stated that he would like to change the GMP and then ask for one more unit. He also suggested that language be added to the motion to restrict the variance to the existing plan and restrict the use of homestead exemptions. Marjorie Student stated that a GMP amendment could be done. Mr. Schmitt felt it would be a significant undertaking to amend the GMP for a single project. Mr. Budd was concerned that if they denied the variance, they would be choking the innocent while only making the guilty feel bad. Mr. Budd agreed to the two additions to the motion. THE MOTION FAILED 3 for and 5 against, with Mr. Midney, Mr. Adelstein, Mrs. Young, Mr. Richardson, and Mr. Strain voting against the motion. Mr. Richardson motioned to DENY petition VA-2002-AR-2015 on the basis that there are other solutions available and due to contradictions to the existing LDC, Mr. Adelstein seconded. Ms. Student stated that the criterion needed to come from the 8 criteria in the code. Mr. Richardson stated criteria a)-d) in the code, and specifically f), that it was not in harmony with the general intent and purpose of the LDC and would be injurious to the neighborhood and detrimental welfare. The MOTION PASSED $ for and 3 against, with Mr. Abernathy, Mr. Wo] Budd voting against the motion. G:\Current\Deselem\Vadances\Manatee-VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Page 2 the 0ublic I'ley, ~t~ff~ ~g .~ PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE sIdSAN MURRAY, AICP ,. ~URRENT PLANNING MANAGER DATE MARGARET/WUERsT~_,E, AICP PLANNING~ERVICES DIRECTOR APPROVED BY: DATE DATE )MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2001-AR- 1710 G:\Current\Deselem\Vafiances\Manatee-VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Page 0CT 2 2 2002 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 18, 2002 SUBJECT: PETITION VA-2002-AR-2015 AGENT/APPLICANT: AGENT: Austin White, Becket & Poliakoff, P.A. 3003 Tamiami Trail North, Suite 210 Naples, FL 34103 APPLICANT: Manatee Resort Condominium Association, et al 9566 Gulfshore Drive Naples, FL 34108 district corresponds with and implements use district and the activity center district urban designated area on the future land use map Collier County growth management plan. REQUESTED ACTION[ The applicant is requesting an after-the-fact variance from the 500 squ% foot maximum size , ..... allow 4 of the requirement for a hotel unit in the Residential Tourist "RT zoning d~str~ct, to existing 19 units to have 2,650 square feet of floor are,a, and to allow 15 units to have 2,085 square feet of floor area. \ The Collier County Land Development Code (LDC) Section 2.2.8.1 sets forth the following in the Purpose and Intent of the RT zoning district: · . to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT the urban mixed in the of the CGPD Date: July 18, 2002 Petition VA-2001-AR-2015 ,. x0 T92 2 2002 The LDC addresses minimum floor area standards within the RT zoning district in LDC Section 2.2.8.4.7.2.1. stating: . Three hundred (300) square foot minimum wi th a five ~un'dred (500) square foot maximum for hotels and motels, Staff has analyzed the purpose and intent, and the standards in conjunction with the applicant's request, and provides that synopsis below. GEOGRAPHIC LOCATION (See Attachment A): The subject property is located at 9566 Gulfshore Drive, further described as the north 50 feet of Lot 14 and all of Lots 15 & 16, Block B, Conners Vanderbilt Beach Estates Unit 1, as recorded in Plat Book 3, Page 9, Collier County, Florida. PURPOSE/DESCRIPTION OF REQUEST: The structure was constructed in conjunction with county approvals granted for the project under the name Manatee Two Towers, which received Site Development Plan (SDP) approval on September 9, 1997. The SDP was issued in error relative to the "Development & Parking Regulations Table" the applicant provided on the first sheet of the SDP (See Attachment G). The table sets forth the "minimum floor area" requirement and indicates that 500 [square feet] is the required amount. The table also indicates that this project will provide 2,200 [square feet]. The LDC regulates the maximum limit not the minimum amount. The maximum limit is 500 square feet, thus the Table is misleading and not in compliance with the LDC. The applicant seeks a variance to abate a code violation notice for exceeding the maximum floor area limitations. All nineteen units exceed the maximum floor area limitation of the LDC. According to the applicant, four units have 2,650 square feet of floor area, 15 units have 2,085 square feet of floor area. The applicant's narrative statement is included as Attachment B. To summarize the applicant's position regarding the construction of the larger-sized unit, the applicant states that the buildings and units were constructed in compliance with the approved SDP plans, therefore the variances should be granted since the county originally approved the plans. The applicant asserts that larger sized units are appropriate and further contends that national hotel chains are developing properties that offer larger units. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map. This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a hotel, which is an authorized use in this land use designation. This project, with a density of 16.52 units per acre, is within the allowable density for a hotel. Therefore, the density is consistent with the Future Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. Based upon the above analysis, staff concludes that the proposed use for the consistent with the Future Land Use Element, although the variance request is n addressed. Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Page ubieet ~ite i~ __ 2 2 2002 LAND USE AND ZONING See Attachments C and D for lar er Zonin Ma and Photo}:. Subject: Surrounding: North- East - South - West - Aerial Manatee Towers, a nineteen-unit hotel use Casa Grande on Vanderbilt Beach Condominium and La Scala Condominium, zoned RT Vanderbilt Lagoon Sandcastle Condominium, zoned RT Gulf Shore Drive, then Sea Chase Condominium, zoned RT V^NDERI~LT LAOOON HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the applicant'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 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. AOF..NDA OCT 2 2 2002 Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 sage ~,~.o f ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a structure-related hardship. The structure was constructed in compliance with a county-approved SDP. The relief being sought, if granted, will not require physical alteration of the structure. The structure does not need relief from any setback requirements. This structure is surrounded by structures of a similar type, construction, use and zoning. Depending upon when other hotel buildings were approved and constructed, there may be other structures that legally exceed the 500 square foot unit size, because an amendment to county regulations did remove the limitation for a short time, before a subsequent amendment re-instated the limitation. The applicant's analysis raises an issue that staff believes merits additional consideration. The applicant asserts that the nationwide market trend for hotel chains is to offer larger rooms and suite accommodations. As part of the suite concept, cooking or eating facilities are offered. A suite reasonably requires a larger unit to accommodate these additional facilities. The Purpose and Intent of the RT zoning district specifically states that it is the purpose and intent of this zoning district: "to provide lands for tourist accommodations and supporE facilities .... " If tourists are seeking different accommodations, then the Board of County Commissioners should consider amending the regulations to address market trends while meeting the purpose and intent of the zoning district. In addition, the GMP, Future Land Use Element, Implementation Strategy, Goals, Objectives and Policies, Objective 1, states, in part, that the FLUE is designed to "promote a sound economy." Being receptive to changes in the market trends helps to promote the economy and prevent stagnation. Staff's cursory review con£n-ms that most major hotel chains are building more "suite- type" facilities than in the past. In the recent past, Embassy Suites was one of the few hoteL/motel enterprises that offered suite accommodations, as an alternative to the more customary one-room accommodations. Now there are Crown Sterling, Summerfield, Homewood, Staybridge, and Fairfield Suites and Residence Inns. All of these facilities offer suite accommodations as the names imply. Petition VA-2001-AR-2015 Are there special conditions and circumstances, which do not result from the action ! · ! °. of the applicant such as pre-existing conditions relative to the prope, subject of the variance request? I~, r'7 CCPDDate: JUN18.2002 P, e 0o TeZ 2 2002 ee Petition Yes. As previously noted, the structure was constructed in compliance with all required county approvals. The SDP submitted by the applicant and approved by county staff showed the minimum floor area at 2,200 square feet. No maximum building area was shown. According to the SDP documents, a hotel occupied a portion of the site prior to the development of the Manatee Resort. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. If this variance is not approved, every unit within Manatee Resort would need to be reconfigured to reduce the floor area to 500 square feet, because all rooms exceed the maximum floor area limitatioa. Staff believes there would be no public benefit derived if the applicant were required to~\adhere to the literal interpretation, i.e., reduce ali units to 500 square feet, nor would there be any detriment to the public welfare if the variance is approved. T,h, ere would be no external changes to the existing structure if the variance were approve~l. The building's overall appearance will not change if the variance is approved sinc~ the impact of internal unit configuration is not discernable from outside the structure. However, if the variance is denied, the structure may have to be demolished to comply with the requirements. 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? Yes. The applicant has provided the precise square footage of each of the nineteen units. This is the minimum variance to allow a reasonable use of the structure, legitimize the unit sizes, and abate the code violation notice. 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? No. As previously stated, there may be other hotel or motel buildings that have larger units, because the LDC briefly allowed larger units. Additionally, in other commercial zoning districts a floor area ratio is utilized for hotel and motel units to calculate project intensity. Single-family homes located within this zoning district can be rented or leased in a fashion similar to the hotel units located within Manatee Resort. It is a reasonable assumption that any home in the area contains more than 500 square feet of living space. Approval of this variance would not grant Manatee Resort any special privilege that is denied to the single- family homes located in this zoning district. Yes. Approving this variance will bring the internal configuration of the bu[ compliance with county regulations regarding unit size. There will be no extern~ Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? :hng~to I-7 1 impac[~-- '--' CCPD Date: July 18, 2002 Page 5 of VA-2001-AR-2015 · OCT 2 2 2002 he if this variance is approved. The issue involved in this variance has no effect upon the outward appearance of the subject property. Approval of the variance will not cause the project to generate additional light, noise or odors so as to be incompatible with surrounding land uses. Conversely, if the variance is denied, demolition of the entire building could result. The demolition impacts could negatively affect the neighborhood, because of dump truck traffic, and the creation of dust and noise. Approval of this variance will not compromise or act to the detriment of the General Purpose of the Land Development Code [LDC Section 2.1.2] which states that the general purpose of the LDC is: "... to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the county." 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 building has already been constructed and the units within the building have already been divided as requested in the variance. If the variance is not approved the building would require major remodeling, if not demolition. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. ADDITONAL INFORMATION In the RT Zoning District, the LDC has specific criteria regarding the density permitted for hotels and motels that is different from the density permitted for time share units and multi- family uses. LDC Section 2.2.8.4.5. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this Code. This project, with a density of 16.52 units per acre, is within the allowable density for a hotel. However, if the building were to be operated as a multi-family or timeshare use, it would be over density. Staff has approached the applicant's agent seeking more information to ascertain that the use is, in fact operated as a hotel, but the applicant's agent has declined to provide that information indicating that he believed the information and the issue is beyond the scope of the requested variance. It is important to note that although the applicant has provided information that shows the market trend for hotel and motel uses is moving toward providing larger units under the d ~crip~/lt~A "suite" terminology, none of those unit sizes approach the size unit of the variance ~quo~#¢d-r-~ PetitionVA-2001-AR-2015 CCPDDate: J. ,8,2002 P. e 6 o: 9 0CT 2 2 2002 Staff's research indicates that the largest chain "suite" hotel units do not exceed approximately 800 square feet (See Attachment E for a sample). The variance in the subject request would allow units that are an average of more than 2.7 times the size of the largest chain suite hotel unit. 2,650 sq. ft. x 4 units = 10,600 sq. ft. plus 2,085 sq. ft. x 15 units = 31,275 sq. ft. 41,875 sq. ft. + 19 total units = 2,204 sq. ft average unit size Some hotel chains now offer "extended stay" facilities that cater to more than one- or two-night stays associated with normal hotel or motel uses. Staff research indicates that even the extended stay largest units do not exceed 620 square feet. The average unit in Manatee Resort is approximately 3.5 times the size of the largest extended stay unit. The applicant has also used Charter Club Resort on Naples Bay as a more pertinent example of unit sizes in the Collier County area. According to staff research, the units in Charter Club Resort are 1,240 square feet (See Attachment F). The average unit in Manatee Resort is 1.8 times larger than the units in Charter Club. Staff has asked the applicant's agent to provide information regarding the procedure to rent or lease units within Manatee Resort to determine if the facility functions in a fashion similar to other hotels, i.e., a central reservation number that is published and available to the public and/or a lobby where the traveling public can make accommodation arrangements. The applicant's agent has declined to provide that information, again stating that such information was beyond the scope of the variance request. Staff was able to find a phone listing and a web site for the Charter Club Resort, but was unable to find a phone listing or a web site for Manatee Resort, which could lead one to think that the Manatee does not appear to operate similar to most hotels in seeking clientele. Staff does have concerns about the potential for this variance request to be perceived as a way to circumvent county regulations by allowing a facility that functions as, and has units of a size similar to, a multi-family facility, while enjoying the increased density that would be afforded to a hotel use. Staff has asked the applicant's agent for the additional comparison data to dispel that notion, but the data was not forthcoming. To ensure that the hotel is the a~tual use, staff has included conditions that will link the variance approval to compliance with i~vidence to ensure that the structure is operated as a hotel. Staffs conditions require the ownership entity to provide to the county attorney's office and to Developmed{ Services staff on an annual basis beginning 30 days after this variance is approved the followin~ items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel and transient lodging"; and Documentary evidence individual unit owner. If appropriate, an affidavit from the affected unit owner that the unit has not been occupied within specific dates, therefore bed taxes wet that demonstrates the payment of bed taxes by each not~ue. ~'~ Page Petition VA-2001 -AR-2015 CCPD Date: July 18, 2002 OCT 2 2 2002 EAC RECOMMENDATION: NONE Thc Environmental Advisory Council does not normally hear variance petitions, and there are no environmental issues for this request. PLANNING SERVICES STAFF RECOMMENDATION'.. Staff has analyzed thc guidelines associated with this after-thc-fact variance request, and has determined that there arc special conditions and circumstances that find that approval of thc variance is thc appropriate action, if thc conditions recommended by staff are incorporated into thc approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2015 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with thc following conditions: 1. In thc case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of thc structure at the time of its destruction, any reconstruction shall conform to the provisions of thc Land Development Code in effect at thc time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, thc ownership entity must provide to thc county attorney's office and to Development Services staff the following items: a. An approved hotel~transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel and transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes by each individual unit owner. If appropriate, an affidavit from the affected unit owner that states that the unit has not been occupied within specific dates, therefore bed taxes were not due. Staff has included Condition #1 to reiterate and embellish upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the structure to be done in compliance with the regulations. Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 P~ OCT 2 2 2002 pREPARED BY: KAY~ESELEM, AICP pRInCIPAL pL ,ANNER DATE REVIEWED BY: INTERIM DIRECTOR, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the July 18, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the September 10, 2002 Board of County Commissioners Meeting Attachments: A. Location/Site Map B. Petitioner's Narrative Statement C. Copy of Zoning Map D. Copy of Aerial Photo F. Copy of Ch~trter ~lub Resort Floor Plan Information Sheet G. Excerpt fi.om SDP 97-99 drawing Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Pa OCT 2 2 2002 jl Nature of Petition Provide a detailed explanation of the request including what ~'ucturez are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property;, when existing principal structure was built (include building permit number ($) if possib, le,); why encroachment is necessaof, how existing encroachment came to be; etc. There are ]9 units existing in a 4 story structure. No encroachments or setbacks are at issue. The permit number is 97-101322. This application for variance is necessary for the approv 1 of the existing square, footage of each of the 1 9 units as approved by Collier County as part of the final SDP (#97-099), of September 8th, 1997. The variance is necessary as the square footage of each unit exceeds the maximum allowable, square footage for the hotel room' (500 SF), as set forth in .the land development code requirement in effect at the time of the approval of the final SDP by collier~County- Attachment B Please note thai sl~ff~'~! the Collier County Phnning Commission shall be guided in Board Of zo_nlnS Appeals, and that ~ Board of zonin$ appeals shah be guided in ils delerminafi~ to approve d~ny a varia~c~ Ix:titioa by the below lisexi criteria (1-~). (Ple~s~ address this criteri~ n<ini sdditioml pages if necessary.) Arc there spccial conditions and circ,~,~qtanccs cxisting which arc peculiar to thc locatiotx, size and chardc~CS of thc land, smmtm% or builflin~ involved. Yes, the building has been constructed in accordance with the approved SDP. Arc there ~i~ conc~fions and ch~m~ances wh~b do ~ r~dt from the action of the applkaxa such as prc-cxisth~ conc~gons rchfivc w thc property which h ~c subje~ of thc variance request NO. Wffi a ~r~ ~pr~fion of ~c prov~io~ of figs zo~E co~ work unnecessa~ and msdne hardsh~ on thc app~cant m ~ prac~cal diffiadfies m thc apphcan~ Yes, undue hardship, in that the building.has_ been constructed in accordance with the approved SDP. Will the varian~ if gr~nted~ be' the ~ variance that will make p°ss~le tbe t~as°nable me °f the ~ bugding m s~ru~ar~ ~d which promot~ madams of ~fl~ saf~y m wdh~. Yes. Applicntion for Vads~e Petition - 8/~ l~ge S o! AGENDA ITEM OCT 20 2 Will granting the variance r~que~ confez on the p~ti~ione~ ~ny special privilege th~ is dmied by the.~ zo~in~ r~gulations lo other lands, buildings, or s~uctu~ in th~ sam~ zoni~ distri~ NO. Will granting the variance be in ]mrmony with the i-ten! and purpose of this ~o~;ng co~e, ~ no, be injurious to the neighborhood, or oiherw~ decennial to the public woWsxg. Yes. Arc there nntur~l concUt~ons or physically ix~ucg~! conditions ~hat ameliorate the goals and objective~ of the regulation such as natural presorves, lakes, golf com~ ~ NO. 8. Wfii,gmnH-~ ~h~ v~i~mce b~ ~ wRh Ihe growth managomyt plan. Yes. Fage ~ AC~.NDA ITEI~ OCT 2 2 2002 JUN 0 3 200Z Planning De velopm en t Incorporated Development Consultants, Engineer6 Planners & lmndsaape Architects 5133 Castello Drive Suite 2 Naples, Florida 34103 941 / 263-6934; Fax: 941 / 263-6981 PDIMRF @ AOL.COM FACSIMII~E MEMORANDUM & TRANSMISSION COVER SHEET Date: To: Re: Sender: June 3, 2002 Ms. Kay Deselem, AICP, Principal Planner ~~~ Collier County Current Planning 643-6968 / original via courier Manatee Resort Condominium Association, Inc. Variance Application No. 2002-AR-2015: Supplemental Support Document Michael R. Fernandez, AICP YOU SHOULD RECEIVE 8 PAGES(S), INCLUDING THIS COVER SHEI~'I, IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 941 / 263-6934. Dear Ms. Desclem: Per our prior conversations and correspondence, please accept the attached as a Supplemental Support Document to the above referenced Variance Application. Upon your receipt and review, please do not hesitate to call with any questions, comments or requests for additional copies. Included as an attachment to the Support Document is a copy of the Staff Report Summary Page to the LDC 2000 Cycle I Amendment which amended the RT Zoning District development standards, inclusive of the removal of the 500 sf maximum unit siz~ restriction. Sincerely yours~ AGENDA ITEM/~ OCT 2 2 2002 osso i uiidin '" ' ' ' ' ' a_s$ociatcd individu~ ' u it . . · · ' w ' ~. ' v ment tand r -t, ....... i-- r~i~"'~t nrovide f o ~ . ' . Lhe valance reque ' a .' . . rv': wi. ' ~ 2000. Sta~ s uar oota a~ to m ' ' ~oac tra r a v I a' ~ was court r r du Hv a i t a tm ' did n t reco ' mar~ ~ id notr o i i 1 a e n r n ' l' I d ' 4) ~s and omenities and all suite hotel& · . · ' i a d, r oom~~ . ...... ,.,L_in ,'~-r,~tldr, v Inn). whi h vi it ~ ' ' th · i ~nd dining and li~ ~ n a ~ ' ' ' " . ' h ~ · ~ c ' ~ ' ' a a~ t r I a . ~ ' comolimen~ed b~, In~oer ~ ~ ' o unH ~i r th ~ , ~ ~~~.~rea rear OCT 2 2 2002 fail to deliver on their intent and purt)ose which i~ to re_g'ulate intensity of dcv¢looment. 'This is_partly due tO the fact that a hotel can be comt)rised of component uses other than tnte~t roon~s. Other component uses may include meetitlg rooms, common areas, restaurants, cafeq, amenity ~,¢tail. bugine~ centers, recreational facilities such as tennis courts, sugmmin~, pools, st)as, exercise rooms, etc. Anu these amenities are not regulated by size. ]ntensitv relative to mass ora ~t~cturet's) is governed by ~;etback~ and height limftat~ons and not bv roam ~ze. The maximum wit size develovment standard is ineffective in its intent and counter productive to fosterine desirable development~. OCT 2 2 2002 Please note that staff and the Collier County Planning Commission shall be guided in their reconuncndation 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 thc below listed criteria (1-8). (Please address this criteria using additional pages ff neoessary.) 1.Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of rig land, structure, or building invo,~. ~ t ro' ta it in ~vi i 'h n ~w . 2. A~ there special conditions and cirmunsmnces 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. ~ i ' wn · h ' n n ' 'th i ~chi~ecturol Building Plans and Sveci~cation& Will a literal interpretation of the provisions of this zoning code work unnecessa~ and undue hardship on the applicant or create practical difficulties on the appli-e'~m~ ~,, ' no xisti u ta t i i ' u t n w p_ev¢lovme~It Plan ~SDPL 4. Will thc variance, if granted, be thc minimum variance that will make possible the zeasonable use of the land, building or structure and which promote standards of health, ~fety or welfare. t~emolition of the ex~stin~ buila~n~ Will granting the variance requested confer on the petitioner any special privilege that is denied by th~ zoning regulations to olher lands, buJldings~ or Stt'~c~'oreS in the same zoning di.~riel. A6ENOA I'IY. Mf-~ ~ i tn'ct rrn,ides or similar use and corn atfble land uses without maxim An~licetiov. for 'zeH~ce Pe~ftiov. - ~,tgf: OCT 2 2 2002 6. Will granting the variance be in h~rmony with the intent and lXtrlx)se of this zoning code, and not be injurious to the neighborhood, or otherw/se detrimen~i to the public welfare. The exisO'ng structure meets the required setbacks, building height and other LDC development standards which povern the maximum volume of the ~tr;tctur¢(s} and therefore the impact of lar?er rooms does not impact the general public. As suggested in the County StaffReport for LDC 2000 Cycle I relative to this issue, an increase ~ hotel room ~ize ~,ill result in a decrease in the_potential density of development and lamer rooms will likely result i~t more resident~o! til~ do, elovments which are therefore more comoatible with residential and likelF reduce imvacts and result in hieher pro_pertv values and more uvscale ftevelovment. ' 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural pr~-rv~, lakes, goffcourse, Yes. The existing structure meets the required setbacks, building hei£ht and other LDC deveiovment standards which govern the maximum volum'e of the structure(s) and therefore the impact of lar?er rooms does nog ifnpact the eeneral_trublic. The zrurpose of the maximum room size was intended to aid in £overning intensity of develovment and more s~vecificall¥ the mass or physical area of the hotel, $iI~¢¢ the Pot¢l can be corn_prised of numerp~s components {yuch a~ meeting rooms. _trubBc and semi-_~rublic areas, restaurants, amenity retail, commo~7 amenity areas, recreational facilities and other similar accessory uses) which are not regulated relative tO size. the standard fails to meet its goal ~'he larger units foster longer stays as opposed to ~;rnaller units which would cr¢ote a more transient u~e of the development which wouM be. in general, less compatible with the largely residential make-up of the neighborhood~ The larger units occu_t~ a si_tmificant portion of the overall building envelop potential and there_fore greatly restrict the development of accessory uses such as parlo'n£ structures, restaurant$, amenity retail, meetin~ rooms, and the like, over the subiect property. Such uses would £enerate si_t, nificantlv treater tra~c and transient use of the development, and therefore be less comvatible within the existing neighborhood Will grariting the variance be consistent with the growth management plan. - The Collier Cout;~ Growth Management Plan ~GMP) does not address the minimum nor maximum square fe~et.__of_o~ho_Qt_.el__unit, which leto,es the development standard to be addressed by the Collier County I~md Development Code. -- OCT 2 2 2002 ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. NJ.no, A1CP, Current Planning Manager Susan Murray, AICP, CkiefPlanner DEPARTMENT: Planning Services LDC PAGE: 2.56; 2:$?; 2.33; 2.34 2.2.15½ 4.7.; 2.2.15.½.4.8.; 2.2.8.4.3.; 2.2.8.4.4.,; 2~2.8.4.$.; 2.2.8.4.7.2.; 2.2.8.4.8.; 2.2.8.4.9.; 2.2.8.4.10.; 2.2.8.4.11. CHANGE: Replace allowable maximum density for hotels, motels and time share condominiums in commercial and RT zoning districts with a maxi.mum floor area ratio requirement. Eliminate maximum density requirement. Increase front yard setbacks for. buildings over 50 feet tall in the C-4 and RT zoning districts. Clarify building height . requirements in RT zoning district. REASON: l. Increased the front yard setbacks for buildings over 50 feet in height in the C-4 and RT zoning districts which allow building heights up to 100 feet in orde? to reduce the impact of taller buildings from the street. 2. Replace density limitations for hotels and motels with FAR requirements, because it is unreasonable to speak ofholel density in the same context as conventional housing. Unit ratio's make no sense as an intensity regulating tool because it fails to distinguish between a budget hotel and hotels with suites. The City of Naples limits the intensity of development of hotels through the FAR. This permits hotels to be constructed of reasonable intensity to address market conditions. Furthermore, the proposed language change allows for an FAR _up to .60: Hotels and motels are required to have conditional use approval when located outside Activity Centers. The conditional use process could limit gross square footage of a hotel located outside Activity Centers if there were compatibility issues associated with development. 3. Clarified the maximum height in the RT zoning district because the LDC does not define the height of a "story." 4. In conjunction with the FAR requirement, eliminated the maximum floor area limitation for hotels and timeshare condominiums. An increase in hotel room size will result in a decrease the density of development u~ilizing the FAR. Larger timeshare condominiums will likely reduce impacts and res~lt in higher property values and more upscale development. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Sections for the C-4, C-5 and RT zoning districts and Section 6.3, Definitions_. " OCT 2 2 2002 Sec. 2.2.8. Residential tourist distzict CRT). 2.2.8.4.3. 2.2.8.4.4. 2.2.8.4.5. Minimum yard requirements. M~imum density pe~ittcd. A m~im~ 0f~ ,:~: F:r for ~zt:l: *~ ~ 16 uMts per acre for ~ multif~ily wh~ loeat~ wi~ m acfi~ty center or if~e RT zo~ng w~ in existence at the time of adoption of ~s code. ~en located outside m aefi~ty c~ter, except ~ provid~ 'above, the densiW shall be dete~in~ ~ou~ application of ~e densiW rating system estabfished ~ ~e ~Bi~ Co~W ~o~ mmagement p!~.but shall not exceed 16 ~ per acre. 2.2.8.4.7. Floor area requirements. 2.2,8.4.7.1. 500 square feet minimum for timeshare facilities. t:Lz_cquirements for multiple family, efficiency, 450 square feet; one bedroom, 600 square feet; two bedrooms or more, 750 square feet. 2 2 8 4 7 2 300 square foot minimum for hotels and motel% 2.2.8.4.8. ~,laxi~,.::,'n. !c: c:;'cra£c. (y. eze:we~--~.~ Floor area ratio. The maximum floo.r, ' for hotels· motels and times~are facil,!ties shall not exceed a facet, or Maximum lot coverage ('Resery._c~ arkin and off-street loadin · As re uir~ in division 2.3. 2.2.8.4.11. Landsca in re uirements. As re uiredin 'vi' 2.4. LDC AMENDMENT/ / AGENDA ITE~ OCT 2 2 2002 Division 2.2 ZONING DISTRICTS, PEKMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.15. General commercial di~a'ict (C-4). 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-haffofthe building height as measured from each exterior wall, whichever is greater. ~tructures ;50 fee! in height or eate shall rna' taJ aminimum a25 o o ar et ac shall be re uired to rovide an additional .hot o setback fo eat.. foot of building heiv. ht in excess of 50 feet,. 2.2.15.4.7. ~'/,,~,r area ratio. ~ The maximum floor .?_a. ra_t!?for h' rno,e,s sh ', no, a fac, o, of 2.2.15.4.8. Maximum density. 26 6aeilit::.: "'*'~" !c~ ~,~a o,,g.~id,e an :cfi;'~ty c:.':t~: Reserved. 2.2.15 'A.3. Conditional uses for C-5. The following uses axe permissible aa conditional uses in the heavy commercial district (C-5), subject to the standaxckn and procedure~ established in division 2.7.4. 9. Hotels and motels (groups 7011, :;u934-, 702!. 7041 when located outside an activity center. 2.2.15 ¼.4.3. 1. Minimum yard requirements. Front yard. 25 feet. cz ..................... eaeh c ............ , ............ ~" 3. Rear yard. Zz:c f:ct .~: .fi:': f:;t :r One-half of the building height aa measured from cach cxtcrior wa]l.~ "~':'~' ..... tio The maximum floo,r' ~A 4 7. Floor area ra · ~ - 2.2.15 .-. · of O 60-' '.~ · 2.2.15 ¼.4.8. Maximum density. 25 "';:= per .:.r: lc- u~,-,* OCT 2 2 21102 Attachment D OCT 2 2 2002 ,'Staybridge Suites [ Design - 2 bed PRIORITY CLUI~ PIN~ START PAGE J~ [~ n~nernbermy inl HOME FIND A HOTEL RESERVATIONS PRIORITY CLUB~ Two Bedroom Two bedrooms each with separate batl separate living room and full kitchen v microwave, fridge, stove and utensils. workspace with ergonomic seating, hic. Internet access, data ports, direct-dial with voice mail and speakerphone. A t in each bedroom with expanded cable video cassette recorder. 77.5 ,fud/o on · bedroom two bedroom CJicL on o floor pfo~) 1o et~lore lhe ~iqu~ omen;Jl~s ;~cluded ;~) o~) Press Office / Phone & E-Mail / Terms Of Use / Privac'v Statement I About Six Continents Hotels © 2002 Six Continents Hotels. Inc. Ail rights reserved. Most hotels are indepencientty owned and operated. AC,~_NDA I ~,'T~ OCT 2 2 2002 Attachment E EXCERPT FROM SDP 9'~-99 SHEET : YARIANCE PETITION ~ (VARIA.NCE FROM SETBACK (Si REQUIRED FOR A PARTICULAR ZONING DISTRIC~ Petition No. Comrrdssion District: VA-2002-AR-2015 Date Petition Received: PROJECT #19993439 DATE: 1/28/02 'Planner Assigned: KAY DESELEM ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION; * Petitioner's Name: Petitioner's Address: Manatee Resort Condominium Association, 9566 Gulfshore Drive Naples, FL 34108 et al Telephone: 2 61 - 9 5 5 5 Agent's Name: Austin White/Becket & Poliakoff, P.A. Ag~nt'sAd~e~s: 3003 Tamiami Trail North,,Suite #210 Naples, FL 34103 * See attached list of unit owners. Tclcphonc: 261-9555 COLLIER COUNTY CO/VI/vrt/N/T~ DEVELOPM]~NT PLANN/NG SERVI CES/CURRiTdh~ P~G 2800 N. HO~ESHOE D~. N~LES. ~ ~al ~ rage I of A~A t~ OCT 2 2 2002 Complete Ibc following for all Association(s) affiliated with this petition- (Provide additional sheets if necessa~) Name-of Homeowner Association: Manatee Mailing Address 9566 Gulfshore Drive Resort Condominium Assoc., Inc. City Naples, StateFL Zip 34108 Name of Homeownex Association-' Mailing Address city - sm__z~ Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Addrcx___s City. State ,, Zip pROPERTY DESCRIPTION: Legal Description of Subject Property:. Conners vanderbilt Beach Estates Subdivision: Unit 1 Section _ _ Twp. Range # 5'0' 0-6 ko~-/q Lot (s) 1T/1 6 ' Block (s), B Metes & Bou'nds Description: a copy of the survey. See attached copy of SDP-1 which shows OCT 2 2 2002 Address of Subject Property: (If cl.~'~ent from Pet/donor's address) Same. Current Z~.ningand LanduseofSubjectParcel: RT Zoning and gesidential land use. Adjacent Zoning & Land Use: N RT 'Residential S RT Residential RT Residential W RT E Vanderbilt Lagoon Minimum Yard Requirements for Subject Property: Front 55~ or 20' ComcrLot: Yes [] No [] Side: 55% or 20' Wate~ont Lot No [U Rea~. 55% or 20' OCT 2 2 2002 l%ture of Petition Provide a detailed explanation of the request including what ~ucture$ are existing and what is proposed; the amount of encroachment proposed using numbera, i.e. reduce front setback from 25' to 18'; when property owner purchased property;, when existing principal structure was built (include building permit number (s) if possib, l¢),.; why encroachment is nece~sar}r, how existing encron_c'-hment came to be; etc. There are 19 units existing in a 4. story structure. No encroachments or setbacks are at issue. The permit number 97-101322. This application for variance is necessary for the approvalt]°f the existing square footage of each of the 19 units as approved by Collier County as part of the final SDP (#97-099}, of September 8th, 1997. The variance is necessary as the square footage of each unit exceeds the maximum allowable, square footage for the hotel room (500 SF), as set forth in .the land development code requirement in effect at the time of the approval of the final SDP by collier. County. OCT 2 2 2002 Please note that st~f~ud the Collier County p_l~nlng Commi~on shall be guided in ~h,~a ~co,-,,~ndatioo ~o th~ Board Of zoning A~ and d~ai ti~ Board of zo~in~ ~ shall b~ guided in i~s de~,.,.~o~ ~o ~ppmve or deny a varia~c~ l~tifion by the b~]ow ~ crileria (l-g). (Please address this criteri~ using ~dditio~l p~ge~ if n¢ccsse~.) Arc tbcrc spccial condi6ons and ciro, mqmnccs existing which a~c pcc,,lln, to thc loc~tion, s/zc characteristics of~h¢ land, m~ or building involved. .. Yes, the building has been constructed in accordance with the approved SDP. o Arc there special conditions and circ, n~,:ta.nces which do not result bom thc action of thc ~vplic~t such as pre-existing condi6ons rchtivc to thc property which is thc subject of thc v-afiancc request. No. W~ a Htcral ~tcrpre~fion of thc provisiom of this zones code wo~ mmet..et, zary ~nd umtne har&hlp on ~c appBcant or ~ pm~ca] ~ifficulties ~ the a~Hcant Yes, Undue hardship, in that the buildin~.has been constructed in accordance with the approved SDP.' .. Will thc variance, ffgranted,' bc' thc minimum variance that wi]] makc pozs~k tbc rcazonabic use of thc land, bm]ding or structurc and which promote standards of health, safety or wctbrc. Yes. OCT 2 2 2002 these zoning rcgulatlons to othcr lands, buildings, or s~'uctu~ in thc samc zoning dislric~ No. Will granting thc variance be in harmony with thc intent and purpose of this zo-i-g code, and no, be /njurious Io thc neighborhood, or otbcrwi.~ detrimental to the public wclfatg. Yes. ,Arc thcrc n~t=rnl conditions or physicMly induced conditions that amcUoratc thc goals and objcctivcs of the regulation such ~s natu~ prcsc~c~ lakcs, golf com'sc, etc. NO. $. Willgr~ntin~ th~ ~ b~ consistent with thc growth n~nag~nt plax. Yes. Pag ! AC~=NOA OCT 2 2 2002 V,4RL4NCE PETITION APPLICATION SUBMIIWAL CHECKLIST THIS CoMILETE CHECKLIST I$ TO BE SUB, IVlI~I'ED ~NITH APPLICATION PACKETI .t? E Q UIREMEN TS ' ' # o " COPIF.8REQUIRED 1. Completed Application 2. Completed O~'e'r/Agent Mfidavit, Notarized 3. Pre-appHcation n~'tes/minutes 15' 4. Survey of pr-operty, showing thc encroachment 1 (measured'in feet) 5. Site Plsn depicting the lollowing: s) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for reference 7. Application fee and Data Conversion Fee, checks shall - be made payable to Collier County Board of Commissioners 8. other Requirements - - AS the authorized agent/applicant for ~ pc-i/i/on, I al~e.s-t t~t all of thc info _rmstion indicated on this chec. kli~ is included in this submittal package. I undcr~taud that failure to include all necessary submittal iuforn~tion n~y result in the delay of processing of this petition. ~ _ _ _~ January 21, 2002 Applicant/Agent Signature Date E. Austin l~hite, Esquire N~A I~ Application for Variance Petition - 8/98 OCT 2 2 2002 Page 7 of 8 LIST OF LTN~ OWNERS MANATEE RESOKT CONDOMIN ,~1~M ASSOCIATION, INC. 1. Joseph T, and Janet C. Smith 2. Peter (3. and Deborah lC Smith 3. ]nrnes D, Allea, Jr. 4. Edna Roth 5. Cecil J. and Sharon K. Petitti, 1I 6. Anthony P. and Lynn R. Pall~_,41no 7. D~del ~. ~ud Diane R. Gayla 8. Eitlme Fulton 9, Cyril E. Fulton 10. Gordon E, F-~s ~d Carol J. Dormer 11. James 1~ ~ud Joan 1~ Devote I2. 17162~ Ce~uacl~ Inc, 13, William 1~ . .) 14. Lo~'~o x. and Marcelene A. Oode 15. Crazy L. Alderman and Mary J. Alderman 16. Robert J. and Sue A- M~ssey 1 ?. Frederlck ~P. Nacler 1 g Carol ,4. Cowell 19. Crayle Hillman AGENDA IT~ Ne, r'~ .~ OCT 2 2 2002 BECKER & [_AW OFFICES POLIAKOFF P.A. prague, Czech gepublic M~al~ted Offices Paris, France Frankfurt, Germany The colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 3390T phone: (941) 433-7707 Fa~ 4941) 43:3.5933 F~ Toll l~ree: (800} 462-7780 Webaite: ~ww.beck er .poll~off. com Collier place I 3003 Tmmiaml Trill North, Suite 210 Naples, Florida 34103 phone: 1941l 261-9S55 Fax: (941! 261-9744 FL Toll Free: (800) a62-753T Weboit e** www.becker*poll ~ko f]Leom January 22; 2002 Susan Murray, AICP Collier County Current Planning Manager 2800 North Horseshoe Drive Naples, Florida 34104 Re: scply T~. Naples Ofl'~:~ or awh ite~becker-poliakof~ com VA-2002-AR-20'I S PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM Variance Petition/Manatee Resort Condominium Association, Inc., et al. Dear Ms. Murray: Enclosed herewith please find a Variance Petition for filing on behalf of the nineteen (19) unit owners at the Manatee Resort Condominium by the Manatee Resort Condominium Association, Inc. ("the Association"), as agent, for the the existin square footage of each unit in the Manatee Resort a royal of g · as art of the final PP ..... a roved by Colher County p Condom~nmm building,_ w.h~c.h ~was. pp --~;,~;,,m on Seotember 8, 1997. site development plan for the Manatee Resort Co,o,~,, Please note that I have attached the affidavits of sixteen (16) individual unit owners to the Variance Petition. The additional three (3) unit owner affidavits will be submitted to your office as soon as they have been received from the remaining unit owners. It is my understanding that your office requires a pre-application conference with the applicants' agent on the processing of the Variance Petition. Accordingly, the Association hereby requests that such a pre-application conference be scheduled at your earliest convenience. If you have any questions concerning the application, please feel free to contaCt me. Thank you for your cooperation in this matter. E. AuXin White ?or mc ~bii n', (as stated) EAW/wbk Enclo~res t'aO0!,_l Florida ~o~ Mel~' Mami Napl~ 0~ Pon T~ ~ ~lm ~ch ~i~, P~, ~ ECKER ~ LAW OFFICES POLIAKOFF P- The Oolonnadeo 13515 Bell Tower Drive, Suite 101 F~. Myers, Floride 33907 phone: (941) 433-??07 F~ (941) 433-5933 ~ ToU ~ee: (8~) 462~7780 WeboJte: ~.becker-poU~off*com ~olUer Pl~oo l 3003 ?~nitm! Trail l~orth, Suite 220 ~qeples, FJoridu 34103 Phone: 1941) 261-95SS FL~ (941) 261-9744 FL ToLl ~ee: (800J a62-?s37 Webslte: vww.becker-poU &ko fT-com Reply To:. Napier Office or awh'ite~becke,r-poliskoff, c, .om January 25, 2002 Ms. Glenda Smith Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Glenda: ..... Enclosed please find Check No. 1663 in the amount of $1,175.00 payable to Board of County Commissioners in payment of the additional fees required for the variance petition, as stated in your letter to me dated January 24, 2002. Very truly yo ,u~, . ~ E. Austin White For the Firm EAW/wbk Enclosure (as stated) RECEIVED JAN ~ u 201,)Z OCT 2 2 2002 ADDRESSING cHECKLIST Please complete the following and submit to the Addressing Section for Review. _every proiect. Items in bold type are required. Not all items will ap~lv to 1. Legal description of subject property or properties (copy of lengthy description may be attached) _ Lot 15 & 16 Block B Unit I Connor's Vanderbilt~$t~~lffi~:~y-~ttached')'- 2. Folio (Property ID).numl~er(s) of above (attach to, or associate with, legal description if more than one) 5. Copy of survey (N'EEDED ONLY FOR UN-PLATtED pROPERTIES) 6. Proposed project name (if applicable) 56451000001 27481320007 Street address or addresses (as applicable, if already assigned) 9566 Guff Shore Drive . Location map, showing exact location of project/site in relation to nearest public, road fight-of-way (attach) 7. Proposed Street nameS (ifapplicable) 8. Site Development Pl~'a Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 97 - 99 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) [-] SDP (Site De~,elopment Plan) [~] SDPA (SDP Amendment) [--] SDPI (SDP Insubstantial Change) I--] SIP (Site Improvement Plan) [-'] SIPA (SIP AmendmenO SNR (Street Name Change) [[-~-]['"J Vegetation/Exotic (Veg. Removal Permits)' [~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [-'! PPL (Plans & Plat Review) [-] PSP (Preliminary Subdivision Plat) F-I 0:inal Plat) [--] LLA (Lot Line Adjustment) - I'"] BL (Blasting Permit)' I'-] ROW (pdght--of-Way Permit) [~] EXP (Excavation Permit) [--] VRSFP (Veg. Removal & Site Fill Permit) 10. applicable; indicate whether proposed or existing) Manatee Two Towers Please Check One: [~] Checklist is to be Faxed Back [~] Other - Describe: Project or development names proposed for, or already appearing in, condominium documents (if Phone Fax Applicant Name Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE oNLY Prima~ Number ~ Address Numar ~ g ddress Number. .................. Address Number Approved Dy ~., ~ Revised 3-? VA.2002-AR-20'I5 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM [901j IMMOIIALEE lO BEACH PARK OCT 2 2 2002 VA-2002-AR-2015 ' PROJECT #19993439 DATE: 1/28/02 KAY DESELEM F/e//, Anthony & Lynn Palladino beingfirst duly sworn, depose and say tha~ 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 .,ketches, data, and other supplementary matter attached to and made a part of this application, are hone. st and true to the best of our knowledge and belieJ~: We/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ~ property owner WefI further authorize Austin White of Becker & to act ax our/my representative in any matters regarding this Petition. Poliakoff, P. A. ~g~t~re o~opet~y Owne . Typed or Printed Name of Owner S~{gn} r~e of Property Owner Typed or Printed Name of Owner 7'he foregoi..ng i.n.~, trument ,wa~s~ acJcnowledged be~~.~.e this ~/$~ day of _ ,.(~ ~'o~t.l.~etR.. ~o isper~onally known to m~m~r ha~ produc, ed identification. State of Florida County of Collier "--NCYE OFFIC/ALNOTARYSEAL- CHRJS'ry MAY \ [ ARYmmUC ST^~ OF FLORtDA J COMMISSION NO. CC.~ ' M~MMI$$10N EXP FEB Appliotioe for Vsrianee Petttio~ - $,9~ OCT 2 2 2002 VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM am/are the owners oft'he property de. scribed 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 hone. st and true to the best of our knowledge and belie~. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall. not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Wefl further auth°rize Austin White of Becker & to act o.s our/my representative in any matters regarding this ]>etition. P o 1 i a ko f f, P. A. -Signature of Property Owne~ Signature of Property Ovmer / -Typed or printed Name of ~,ner Typed or Printed Name of Owner The foregoing inS ntwas ackn°wledged bef°re me thisO/ J day°f~"~O-2--'~' ,_...~ by_,_~' ~as identi~ -2hJ2 personally known to ,n~or h~ produ~d State of Florida Ccn,n~ of' Collier ary 'ubtic- ol or,OCT 2 2 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We/I, ~, ~. ~ II~tq being, first duly sworn, depose and say that w~ a~are the own~s of the prope~ d~c~b~ herein, and whi~ ~ the subj~ ~ner of the propos~ h~ng; that aH the a~ers to the qu~tio~ in th~ appli~Eon, inMuding the d~clo~re of inter~t info~ation, all s~tch~, data, and other supplementa~ ma~er atta~ to and made a pa~ of th~ appH~tion, are hon~t and ~e tO the b~t of ~r ~owi~ge and beli~ ~ understand t~t the info~tion r~u~t~ on th~ appli~6on m~t ~ ~mpl~e a~ ac~rate and that the ~nte~ of th~ fo~, whether ~mput~ generat~ or ~un~ p~nt~ s~H. not be alterS. Public h~ngs ~11 not be adve~ untE th~ appH~'on ~ de~ ~mpl~g and aH r~uir~ info~aon h~ b~n submitS. ~ proper~ owner W~fu~her autho~ze ~ID ~, ~ ~~ ~ g l/ok to a~ ~ our/my repr~entative in any matter~ regarding th~ ~etitio~ ' Si~fiature hr'Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ / ~5~ day of ~o c~O0~ ~ , by ??VFt~l~. ~ ~[r. ~personaI~v known lo~m~or ha~roduced as identification. . State of Florida County of Collier ~ O]~C1AL NOrfARY ! CHRISTY MAY ~NOTARY Pt/BLIC STATE OF FLORIDA ~ COMM/$$!ON NO. Appliotiou for Variam~e Petftfoo - ~ ~ ~i~'""~"'~ ' i ' " '(' . (Print, Type, or Stamp Co~nrnts~ 11-o4.~ ~ Name of Nota~ ~blic)l ~ ~1 ~ VA-2002-AR-2015 PROJECT # ! 9993439 DATE: 1/28/02 KAY DESELEM We/I, Robert & Sue Massey being first duly sworn, depose and say that am/are the owners of the property, described herein, and which is the subject matter of the proposed hearing; that all the afl,wets to the questions in this application, including.the disclosure of interest information, all sketches, data, and other z-upplementary matter attached to and made a part of this application, are honest and true t° 'the best of our knowledge and belief. We. fl understand ~t~a~ t the information requested, on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Aspropertyowner WefIfurtherauthorize Austin White of Becker & to act a.s our/my representative in any matters regarding this Petition. Pol iakof f, P. A. /,z~- O, ~., . Signature of Property Owne~ Typed or printed Name of Owner Typed or Printed Name of Owner The foregoin~ in~tru?e~t ~ acknowledged~e~_, before me this ~ / ~4 day of ~~ . ~ ~ ~ ~~~' [1[~7 ~. per~onally ~o~ to m~r h~r~ ~ _~O.t~~ ~,~ .... u State of Florida County of Collier AppUestiou for Vsri~se~ PeOtiou - g~ Cerint, rr . or/ tamp ' q Name of Nom~ PubliO -; OCT 2 2 2002 Page ~ of VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM F/e/I, Joseph & Janet Smith being first duly sworn, depose and say that we. II am/are the ownera 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 sketcheso 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 belie~. WefI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed ahall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitte~ As property owner Wefl further authorize Austin White of Becker & toact as our/my representative in any matters regarding this t>etition. Poliakoft, P · A. d[ -aiure3fPropenfO%-ner Typed ott P~inted Name of Owner Typed or Printed Name of Owner ~ as identification. State of Florida U omc~z b.,~aev g~.nt. ~i t~re of l¢ ublie Coun .tv of Collier t~r~v~ r~Uc sr~,r~ [vr rto~, ] ~orida) . I~ .fl ...... o {x'rint, lyp~, or 9tamt~ ~ Name of Notary Public) Ap. plic~tio,~ for v~rituce Petttioc - l[-m'~ Psl~ off, CT 2 2 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM /ls property owner We/f further authorize Austin White of as our/my representative in any matters regarding this Petition. We~I, Ceci 1 & Sharon Petitti being first duly sworn, depose and say that we~1 arn/a/e 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 belie~. We/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall. not be altered. Public hearings will not be advertised until this application is deemed complete, and aH required information has been submitted. Becker & to act Poliakoff, P.A. Typed or printed Name of Owner /Signature of Property Owner Typed or Printed Name of Owner The foregoin~g i.ns_tru,m~_ ,t was acknowledged_ before me this ~ day of C~ /f~ ~t;'.._._, by '-_~Lr.~(~ o ~PctScr~ 15 [9.~ '/&' ~al[.v~ known tO ~n~or ha~/~roduced ~ ' as identification. ~ State of Florida County of Collier Appii~tiou for Yariam~ Petition - 8/98 Name of Notary Public) ="0CT 2 2 2002 VA'2002-AR-201$ PROJECT ti 19993439 DATE: 1/28/02 KAY DESELEM We.//, M. Gode & F. a V. Nader being first duly sworn, depose and say that we/I am/are the owners of the property de. scribed herein and which is the ~ubject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketche~, data, and other supplementary matter attached to and made a part of this application, are honest and true t° the best of our knowledge and belie~. Fr'e/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Frrefl furtI~er authorize Austin White of Becker as our/my representative in any matters regarding this Petition. ' / . ~ [. : / ~ ~/~ignatureofProper~d & to act liakoff,' P.A. Typed or Printed Name of Owner The foregoing i..nstr~me, nt, w,as a_c. knowledg~ed b~fore me thi~ a~ /~ day of ~ ~;_ , by_FI~.B.-ID6cla U ,~. [1o.~ .~I~o is personally known to m, por ha~'produt~ ' as identification. County of Collier ._ . .... , ('P~tnt, Type, or ~ttamp Co, Name of Notary PUblic) P~ge 2 2 m I VA-2002-AR-20~ 5 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM [Ye//, Larry J- Gode beingfirst duly ~worn, depose and say tlu~ am/are the owners of the property described herein .and which is the subje~ 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 b~t of our knowledge and FYe~ understand that the information requested on. this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah . not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Austin White of Beaker. & to act as our/my representative in any matter~ regarding this Petition. Poliakoff, P.A. '~~~[ 'Property Own er Typed or printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner 'i'ff~eJ° ~.g ~ ~,~-',. (~[. j~t~C~ ~w~o ~s l~er~-°n, ally ion°wn t° m or tu~proauc~u 909 ~- ~r-~._.._~ oy ..L^f '""~ ' ~ - a~ identifi~a~on' - , ,o m~ State of Florida Cxntnty of Collier ApplJr.~flon for Variance Petition Page OCT 2 2 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM F/el/, Peter & Deborah Smith being first duly sworn, depose and say that we. fl am/are the owners of the property described herein and which is the ~tbject matter of the proposed hearing; that all the an.rwer$ 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 beli~. F/eli understand that the information requested on this application mu. vt be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner F/efl further authorize Austin White of Becker & to act as our/my representative in any matters regarding this Petition. Poliakof f , P.A. Signature of Property Owner Typed or Printed Name of Owner $ign-ature of Property ~vner Typed or Printed Name of Owner 27~eforegoin instru,rn- twasacknowl_ledge, t~IbeforemethisC~/~/daY°~' ~ ~ by n~<_ ~ ~~to~. Cw"~-6 ner$°haliy known tO me~r tu~produced" ~ __ ~ as identification. - State of Florida County of Collier rs OCT 2 2 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We/I, ~'~,~t~_~ ?~ /n~ being first duly sworn, depose and say t~t a~are the own~a of the prope~ ~d~c~b~ herein and whi~ ~ the subj~ ~ of the propos~ h~ng; that aH the a~ers to the qu~tio~ in th~ appli~on, including the d~o~re of int~t info~ation, aH ~tch~, data, and other ~pplem~ta~ ma~ aHa~ to and made a pan of th~ appli~aon, are hon~t and ~e to the b~t of ~r ~owl~ge a~ b~i~ W~I understand t~ the info~ation r~u~t~ on th~ appli~'on m~t be ~mpl~e and ac~rate and t~t th~ content of th~ fo~, wheth~ ~mput~ generat~ or ~un~ p~nt~ not be alterS. Public h~ngs ~11 not be ad~ until th~ appli~a'on ~ de~ ~mplete, and all r~uir~ info~aaon h~ ~ ~bmi~. As proper~ owner W~fu~herautho~ze Austin White of Becker · to act ~ our/my repr~entative in any matter~ regarding th~ Petition. Po 1 i a ko f f, ~ .'A. Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner a~ identification. Apptie~flon for Varianee Petiflou - 8/98 Name of Nota~ Public) OCT State of Florida County of Collier VA.2002-AR-20'I 5 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We~I, ~ /'//L~'~''q'~b/ 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 belie~. We/I understand that the information requested on this application must'be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has ~en submitted. A~s property owner We/l further authorize Austin White of Becker & to act ax our/my representative in any matters regarding this Petition. Poliakoff, P. A. $ignatdre of Property Owner Signature of Property Owner -Typed or Printed Name of Owner Typed or, Printed Name of Owner The foregoing~ ipstrum_ ent. wax,aq~nowledge_~ before me this ~/3/day of ~ ., ! cnJuszY ~,Y ture of Plublic Stateof Florida County of Collier / ,?~m,oN No. cc.o~2~ [.~c~C'"?'~!~-~'C:?:'-';':~'"'"';-.:'"'."~'q)' i"% A?l( , ~'_'~ ~ ~ xL~ ./ .... ~ .L. Name of Nota[3'Public) I ~ M 129 for Vsris~e p~itJoo - 8/95 orgCT 2 2 2002 p! --~ BECKER & LAW OFFICES POLIAKOFF, P.A. The Co]onnmdeo 13S1~ Bell Tover Drive, Suite 101 rL Myers, Florid* 33907 PhoDe: (941! 433-770T Fax: (94]) 433-5933 FL Toll i~roe: (800J 46:2*7780 WebOlte: www.beck er-pU&koff, com ~omer Pim~ 1 3003 Tmmitml Trill Worth, Bulte 210 l(apbo, Florida 34100 Phone: (SMI) 261-9~58 ~ (041J 261-~744 FL Toll Free: 1800) 362-?~3T Webolte: w~w.becker-ponmkoff.~om RECEIVED 'FEB .l 2 2002 Adminigra~"~ Office 3111 ~flin8 Road R. t~uder~k, FL 33312 U S Toll Free: (800)..432-7712 Ft. Mycr~ FL. %Va Iron Hollywood j;dc~ovill¢ Melbourne' Miami N;ples o~ndo Po~ T=llahassee T;mpa ~es~ P;im Be~ch Imernatio~l and Affiliated Prag~e, Czech Repu~: Pa~, France Frankfurt, Genn2ny Peopk'$ Repubtic February 8, 2002- Reply T~. N~ple~ Ofl'~e or .wbitm~beck~r-poU ako~cem VIA FACSIMILE # 9411643-6968 and Regular U.S. Mall Ms. Kay Deselem, AICP Collier County Government planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: Manatee Resort Condominium, vA-2002-AR-2015 Dear Ms. Deselem: This will respond to your recent request for a clarification ofthe relief being sought by Manatee Resort Condominium Association, Inc. ("the Association") in the above- referenced variance application. Please be advised that the Association is requesting a variance from the maximum floor area requirement for hotel units for each ot' the nineteen 09) units in the Manatee Resort Condominium, which is located in a Residential Tourist (RT) zoning district. In that regard, the Site Development Plan t'or the Manatee Resort Condominium was approved by Collier County on September 8, 199.7 (SDP 9% 99). The Site Development Plan approved by Lhe County stated clearly thereon hhat the minimum floor area of each unit was at least 2,200 square feet. The Manatee Resort Condominium was approved for hotel and transient uses. At the time of the approval by Collier County of the Site Development Plan in 1997, Section 2.2.8.4.7.2 of the Land Development Code provided for a floor area requirement for hotels in the RT zoning district' of a three hundred (300) square foot minimum with a five hundred (500) square foot maximum, except that twenty percent (20°,4) of the total units may be utilized for suites. It is my ,,n4erst~.*?d;~r' ,h~ thi.c floor ~re~. rem?irement for hotels in an RT zoning district was removed by the County from the La]aa L~evelopment Coae m Junco, 2UOOt om AGENOA ITEM__ OCT 2 2 2002 www.becker-poliakoff, com Ms. Kay Deselera, AICP Collier County G°vernment Planning Services Department February 8, 2002 Page 2 was later readopted by the County as a requirement in June, 2001, and is now contained in Section 2.2.8.4.7.2.1 of the Land Development Code. . After the' approval of the Site Development Plan by Collier County in Septeml~a', ~997, the developer of the Manatee Resort, Manatee Communities, Inc. ("the developer") constructed the Manatee Resort Condominium in accordance with the approved Site Development Plsn, pursuant to Building Permit No. 97-10322 issued by Collier County. The developer thereafl~' conveyed all of the units to the individual unit owners, who are the members of the Association, and has turned over the control of the Association to the unit owners, pursuant to the requirements of Chapter 718, Florida Statutes, the Florida Condominium Act. However, in August, 2001, the Collier County Code Enforcement Board issued a Notice of Violation to the Association and to each of the individual unit owners in the Manatee Resort for the failure to have an occupational license for hotel/transient use, for exceeding the maximum allowable area of S00 square feet per hotel unit by sixteen (16) of the nineteen (19) units, and for the unauthorized change in use of the Manatee Resort to a residential use. This matter has been continued by the Code Enforcement Board to allow this variance application to be considered by the County. Accordingly, the variance is necessary in order to allow the owners of the units to be in compliance with the minimum floor area requirements of tlne RT zoning district for e~ch unit, as such requirements existed in Section 2.2.8.4.7.2 of the Lana Development Code at the time of the Site Development Plan approval in 1997. Please call me if you have any further questions relating to the purpose of this variance request. Thank you for your cooperation in this matter. Very truly yours, ^ .. ~ I ~ E. Austin White For the Firm EAW/wbk Mr. Chuck Cowell, President, Manatee Resort Condominium Association, Inc. OCT 2 2 2002 LAW OFFICES BECKER & POLIAKOFF~ P.A Collier Pi~eo I ~o ~lonn~deo -~- 3~3 Tamlaml ~1 ~o~h, 8ul~ 310 13515 Be~ Tower Drive, Suite Myers, Florida 339~ Naples, Florida 341~ Fho=e: (941J 433-77~ F~ (941) 433*5933 Phone: {941J 261-9555 ~ {941J 261-97~ ToO ~eec 18~) 462-7780 ~ Toa ~eec (8~J WebsJte: ~.becker*po~off. com Weboitec m.becker*po~off, eom Adminisu'ative Office 3111 gilding R~d Ft. t.nuderd~, FL 33312 U.S. Toll Free: (800) 432-7712 Boo gatofl* VIA FACSIMH.,E # 941/643-.6968 and Regular U.S. R. Mye~ Ft. Walto~ Hollywood jackzonville Melbourne* Napes p~ ~d~e' Tam~ W~ PaLm people's Republic of ~ Prague, Fraflkf~ Germany B~n, Swi~-rhnd January 31, 2002 Reply To:. Naples Office or a wh ite~becker-poliakoff, com Dear Ms. Deselem: In accordance with your recent request, enclosed herewith for your review please find a copy of the survey for the Manatee Resort Condominium development. Unfortunately, the legal description set forth on the survey, and included in the variance petition referenced above, is not complete. The correct legal description for the property which is the subject of the variance petition is as follows: The North fifty (50) feet of Lot 14, and all of Lots 15 and 16, Block B, Conner's Vanderbilt Beach Estates, Unit No. 1, according to the plat thereof, recorded in PLat Booz ~, Pages 8 and.9, Public Records of Collier County, Florida. Thank you for bringing this discrepancy to my attention. Please call me if you have any further questions relating to the legal description for the Manatee Resort Condominium. ~..-~-, 'c. ,~ !:- AGENDA ITEMD For ac Firm EAW/wbk Enclo.~,r~ ~.? ~'~'~ 0CY 2 2 2002 Kay Deselem, AICP, Principal Planner Planning Services Department Collier County Government 2800 Horseshoe Drive North Naples, Florida 34104 Re: Legal Description for Manatee Resort Condominium Variance, VA-2002-AR-2015 LAND SURVEY PARKIN~ AR~,A NO C,~ Cl MOTE2. FJN~S~IED ~'L~C~ e.e7 (oc:cuP~) Z,O~' 14 IrOUND &.ii OCT 2 2 2002 BECKER & [_AW OFFICES POLIAKOFF~ P.A. Administrative (~ 3111 Stifling Road Ft. I~ude~ble, FL 33312 U.S. Toll F~-e: (800) 432-7712 Ft. Mye~ Ft. walton B~ach Hollywood jacksonville Melbourne' Miami Naples Orlando Port Chaflou¢' St. Pete;~urg Tallahas,see Tampa West Palm i~ch Peop{e's Republic Prague, Atrd~ted Fnnklurt, ~ ~ SMm-.da~d The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 phone: 1941) 433-7707 Fm~.= (941) 433-5033 FL Toll Free: 1800) 462-?780 Webslte: v~w.becker*poll ~koff. com Collier Pl~ee I 3003 Tnmlsml Tr&ll North, Suite 210 Naples, Florida 34103 Phone: (941) 261-0555 F~ (941) 261-9744 FL ToU Free: 4800) 362-'753'7 Webslte: www.bscker*poll ~kofl**oom January.22, 2002 .. Susan Murray, AICP Collier County Current Planning Manager 2800 Honh Horseshoe Drive Naples~'Florida 34104 Re: Reply To:. Naples Office or awhitt~becker-poliakoff, com VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM Variance Petition/Manatee Resort Condominium Association, Inc., et al. Dear Ms. Murray: Enclosed herewith please find a Variance Petition for filing on behalf of the nineteen (19) unit owners at the Manatee Resort Condominium by the Manatee Resort Condominium Association, Inc. ("the Association"), as agent, for the approval of the existing square footage of each unit in the Manatee Resort Condominium building, which was approved by Collier County as part of the final site development plan for the Manatee Resort Condominium on September 8, 1997. Please note that I have attached the affidavits of sixteen (l 6) individual unit owners to the Variance Petition. The additional three (3) unit owner affidavits will be submitted to your office as soon as they have been received from the remaining unit owners. It is my understanding that your office requires a pre-i plication conference with the applicants' agent on the processing of the Variance Petition. Accordingly, the Association hereby requests that such a p~-application conference be scheduled at your earliest convenience. If you have any questions concerning the application, please feel free to contact me. Thank you for your cooperation in this matter. EAW/wbk Enclo~re$ (as stated) E. AuXin White AGENDA OCT 2 2 2002 LAW OFFICES BECKER & POLIAKOFF P.A. The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 phone: (941) 433-7707 Fax: 1941] 433-5933 FL Toll Free: (800] 462r7780 WeboJte: www.becker-poliako fT. com Collier Place I 3003 TamltmJ Trail North, Suite 210 Haple., Florida 34103 Phone: 1941) 261-9555 F&w~ (941) 261-9744 FL ?oH lr~ree: 1800) 362-7537 Webslte: www.becker-poUakoff, eom Fiorkb OfF. cs Admini.~radve Office 3111 Sdding Road Ft. t~uderd~le, FL 33312 U3. Toll Free:. (800) 432-7712 Boca R~ton° Jacksonville Melbourne' Miami Naple~ Orlando Port Charlotte' Tallahassee T.:,mpa West Palm 134~ch Sepias, People's Republic Czech Republic Paris, France F~nkfu~ Germany Reply To:. Naples Of F~e or s wMte~becker-pollakoff~com January 25, 2002 Ms. Glenda Smith Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Glenda: Enclosed please find Check No. 1663 in the amount of $1,175.00 payable to Board of County Commissioners in payment of the additional fees required for the variance petition, as stated in your letter to me dated January 24, 2002. Very truly yours, ~ E. Austin White For the Firm EAW/wbk Enclosure (as stated) ra RECEIVED AGENOA OCT 2 2 2002 Adminislntive 3111 Stifling Rind Ft. l~uderdale, Fi. 33312 FI. Toll F~e: (8iX}) 432-7712 Boca Raton° ck~rwaler Ft. Mye~ Hollywood pc~t C. harlone' ~.. Petersburg Tallahassee Tampa me~ Palm Beach People's Republic of China Prague, Czech Republic Bern, Switzerland' BECKER & The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Horida 33907 Phone: (941) 433-7707 .Fax: (941) 433-5933 FL Toll Free: (800) 4623780 Interact: www.becker-poliakoff.com Email:' bp~becker-poliakoff, com Ms. Kay Deselem, AICP Collier County Government Planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: LAw OFFICES POLIAKOFF~ Collier Place 1 3003 Tamiami Trail North, Suite 210 Naples, Florida 34103 Phone~ (941) 261-9555 Fax: (941) 261-9744 " FL Toll Free: (800) 362-7537 lnternet: www.becker-poliakoff, com F_.lfiail: bp~becker-poliakoff.com Mny 21, 2002 Reply To~ Naples Office or a white(~becker-polia koff-com VA-2002-AR-2015, Manatee Two Towers Variance Petition~ Dear Ms. Deselem: In accordance with your request, enclosed herewith for filing in the above- referenced matter please find the original authorization documents providing that the Law Firm of Becket & Poliakoff, P.A. act as the representative in the above- matter for the following unit owners in the Manatee Resort referenced Condominium: 2. 3. 4. Please Daniel and Diane Gavin Cyril Fulton Eithne Fulton Frank Cleyn, President of 171 625 Canada, Inc. (together with a Corporate Resolution evidencing that Mr. Francois V. Cleyn is President of 171 625 Canada, Inc.) call me if you have any questions related to the foregoing. Very truly yours, E. Austin White For the Firm Enclosures (as stated) 23697_1 .DOCnIp OCT 2 2 2002 AFFIDAVIT being first duly sworn, depose and say that we/l 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, an~t 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/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised ~nt. il this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize _E. Austin White, Becket & Poliakoff, P.A. to act as our/my representative in any matters regarding this, .Petition. Typed or Printed Name of Owner Slgn~-- er Signature of Prol~rty Owner ~yped or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ ~ day of /10~.../'~ , 200,~, by 314/vrT-~ O"~ 3~ ~.~/~ who is perso~lly ~own t~ me or h~ produced ~ ~ as identification. State of Florida County of Collier (Signature of Notary Public - State of Fioridaj Notary Stump. OCT 2 2 2002 AFFIDA FIT,, flP~/l, C..¥ ~. ~ t.. "~ L,'I-~ ~ being .first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed s, hall not be altered. Public hearings will not be advertised until this application is deemed complete, and aH required information has been submitted. As property owner Well further authorize E. Austin White, Becker & Poliakoff, P.A. to act as our/my representative in any matters regarding this Petition. Signature of PrOperty Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The forego~g instrum_~ent was acknowledged before me this ~ day of 201~ by ~tt/~_/L ~t~L.7~/O who is personally known to me or 'h~d~ced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) Notary Stamp OCT 2 2 2O02 A FFIDA VI T ~., '. ~ ~ . ~ t='~_,-W~l,4 being first duly sworn, depose and say that wedl 71 ~ t-v o m " - · ' is subject matter of the ~ ' ~ ,-.,- ....... ,~, described heretn and whtch the am/are the owners oj tne proposed hearing; that' all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, arid other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that th'e content of this form, whether computer generated or County printed shall not be altered, public hearings will not be advertised ~n, til this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize E. Austin White, Becket & Poliakoff, P.A. to act as our/my representative, in any matters regarding this, Petition. f ' Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner ore oin~g instrumen~t was acknowledged before me this ~ _ day of ~iO/~/L'~. ced Theft g ~ _ r- ~ . I who is personally [cnown to me or has proau 20~ by~L/~._~, tYd~7~Oa~ssidenti, fication' State of Florida County of Collier (Signature of Notary Public - State oJ~Fiorida) .~~ P~ELAD. PL'T11T 1 My Gamin Exp. 8~27AH /. n~:cc 9szsta tff'f~n(~ ~n~M~ i ] o~ I.D. Notary Slamp OCT 2 2 2002 AFFID,4 VIT. We~l, /'7! ~,F2~ ~tl~)~ .~ being first duly sworn, depose and say that we/l 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/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer, generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been ~ubmitted As property owner We~I further authorize E. Austin White, BcCker & Poliakoff, P.A. to act as our/my representativ~in any matters regarding this Petition. . Signature of Property Ow~r - Signature of Property Owner Typed or Printed Nqgne of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ ~ day of 20 ad, by ~..~6} who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Not,r)' Public - State oJ Fiorida) Notary Stamp l A GENI:)A ITEM OCl 2 2 2O02 Admini.mative Office 3111 ~idin8 Road Ft. Lauderdale, Fi. 33312 FI. Toll Free: (800) 432-7712 Boca Raton' Clearwater Ft. Myers Holly~o~l Melbou~' Miami Naples ©dando Pon Ch~floae' Taml~ W~ P~lm People's Republic of China Prague, Czech Republic ~-m, S~,iaedand' BECKER & The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 Phone: CO41) 433-7707 Fax: (941) 433-5933 FL Toll Free: (800) 462-7780 Intemet: www.becker-poliakoff, com Email: 'bp~ becker-poliakoff.com LAW OFFICES POLIAKOFF P.A. 3003 Tamiami Trail North, Suite 210 Naples, florida 34103 Phone: (941) 261-9555 Fax: (941) 261-9744 FL Toll Free: (800) 362-7537 lnt,e, met: www.becker-pollakoff.com Email: bl:~becker-poliak °ff'c°m May 14,.'2002 ~eply To=. Naples Office or nwhite~beeker-polia koff. com VIA FACSIMILE # 941/643-6965 and Regular U.S. Mall Ms. Kay Deselem, AICP. Collier County Government Planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Kay In accordance with your request, enclosed herewith please find an Affidavit which I have executed, authorizing Michael Fernandez, President of Planning Development, Inc., to act as representative for the Manatee Resort Condominium Association, Inc. and the unit owners in the above-referenced variance application. call me if you have any questions concerning this Please feel free to Affidavit of authorization. Very truly yours, E. Austin White For the Firm EA W/wbk Enclosure (as stated) ce: Pam Pettit, Manager 23652_1 .DOCNAP AGENDA OCT 2 2 2002 A FFIDA VIT Well, E. Austin White, attorney for Manatee Resort Condominium Association, Inc., et a'l., being .first duly sworn, depose and say that well 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. W'e/1 understand that the information requested on this application must be complete and accurate and that the content of this form, whether comp~tter 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. Fernandez, Planning Development ~Is property owner Well further authorize Michael ~ to act as our/my representative in any matters regarding this Petition. ~ignature of,Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledge before me this ///~//3~_ day of /'~'.6/ 20~_~ by_ f'~zf/~ ~/ ~ who is personally ~own [o ~Signature of l¢otary Public - State of Florida) State of Florida County of Collier Notary Stamp OCT 2 2 2002 0~/2112002 14:23 9415929229 VA-2002-AR-20'I 5 PRO.IF, CT $$19993439 KAY DESELEM .."." .. "*':' .:'.~":':.'~0 ' :'. ,~'": ' '" '~:· · ' "' , · ~'...~' ',~!~ *~' ' '" Y ' · . ". . ..'.";'*' ':.~. ~ ". 7::'. ':~' " ' '" '" ' :' ' '¥' ' ' ~' ';* ' "; " '" ' ' ' r~ ~" ~ ,.~ .... ..:'.,.'"" .'. :'~' .... ' · . .. ' ....... ~ 1' ' ' .'~~ ...~. . . , · , ~ . ....~,. :::, :.' .... ,...... . . .,.: : .~ '. ~' :..:'~:. )!:i~'. :' "~': .' :.'-:.'../,.... "." '~ "'" ' ' ' .;i~ "" . · . ... ~...i: , STATE Of INDIANA ) ) COtJNTY OF~ ) Before me the undersigned, a Notary Public fbr County, State o1' Indiana, personally appeared SS: and acknowledged the execution of this instrument this Not~ry Public (.sm~l) My commission expires OCT 2 2 2~02 VA.2002-AR'20'I5 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM .~..., ,.~t,'..' ~ ' :- ~ .'"7. · ;":- 1 ' -' '~.:.'? :.;I ". ':"' "' ' ..' .'".'"" :. ~,:..." :'l O' ". · ......:,.;. ..~ ~'"., ; ..- :. :.. ~.':: -..'.Z:. .. : ..-_..' ) .i: ':"." 94159~92~9 FETT1T --' VA.2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM · ~cc'~,;'ate ~nd, l,e % eentenr'ofehi~ 2~. w'hat,~er co. pater gener~- ~.:~ pnnmd"shall '2),ped 'or Prin ted ~':a. me C.ou,.o' RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR'2015, FOR A VARIANCE ON PROPERTY HEREINAFFER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of ~e State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variance, s; and WHEREAS, the Board of Zoning Appeals, being the duly elected and lawfully 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 variance from the required 500 square foot maximum size for a hotel unit set forth in LDC Section 2.2.8.4.'/.2.1., to allow four (4) units of the total 19 as built units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area, in the "RT' 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."/.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered ail matters presented. NOW, THEREFORE, BE IT RE~OLVED BY the Board of Zoning Appeals of Collier County, Florida, that: Petition VA-2002-AR-2015, filed by Becket & Polliakoff, P.A., representing the Manatee Resort Condominium Association, with respect to the property hereinafter described The north half of Lot 14, and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, as recorded in Plat Book 3, Page 9, of the Official Record Books of Collier County, Florida be and the same hereby is approved for a variance from the required 500 squa~ foot maximum size for a hotel unit as set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the tolal 19 as built units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area, of the "RT" Zoning District wherein said property is located, subject to the Conditions attached as Exhibit A. OCT 2 2 2002 BE 1T RESOLVED that this Resolution relating to Petition VA-2002-AR-2015 be recorded in the minutes of this Board. This Resolution adoPted after motion, second and super-majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Cle~rk BOARD OF ZONING APPEALS COI].IRR COUNTY, FLORIDA 3AN~.~ N. COLEITA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney VA-2002-AR-2015/KD/lo Attachment: Exhibit '- ~onditions AC~qOA frEJ~ OCT 2 2 2002 Conditions for Manatee Resort Petition # VA-2002-AR-2015 In thc case of thc destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, the ownership entity must provide to the county attorney's office and to Development Services staff the following items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel or transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes by each individual unit owner. If appropriate, an affidavit from the affected unit owner that states that the uni* : ~cupied within specific dates, therefore bed taxes were not due. VA-2002-AR-2015 EXHIBI'T A G:~Curren~Deselem\Variances\Manatee-VA-2002-AR-2015~C°nditi°ns for Manatee Resort. d OCT 2 2 2002 EXECUTIVE SUMMARY VA-2002-AR-2392 GERALD A. MCHALE, JR., TRUSTEE, NAPLES GATEWAY LAND TRUST, REQUESTING A VARIANCE FROM PUD ORDINANCE 2000-14, SECTION IV., 4.13, LANDSCAPING AND BUFFERING, ITEM (2), WHICH REQUIRES A 10-FOOT WIDE TYPE A BUFFER ALONG THE EASTERN PROJECT PERIMETER BOUNDARY, TO ALLOW A 2.0-FOOT WIDE BUFFER AREA ALONG THE WESTERN EDGE OF THE SIDEWALK ADJACENT TO THE NORTH-SOUTH PORTION OF THE ACCESSWAY CONNECTING TO THE RAGGAE PUD. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The applicant is seeking a variance to reduce the width of the landscape buffer to from ten feet to two feet along the first 260 (southerly) feet of the eastern PUD boundary where it abuts a driveway interconnection with the Ragge PUD. This variance is being sought to provide a five-foot wide sidewalk along the narrow driveway interconnection, which straddles that 260-foot common boundary. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. ,ii GROWTH MANAGEMENT IMPACT: of this variance will not affect or change the r~quirements of the Growth Approval Management Plan. ENVIRONMENTAL ISSUES: The site isa developed site. There are no unusual environmental issues associated with this petition. 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 M [~. t ~ G:\Current\Deselem\Variances\Naples Gateway PUD-VA-2002-AR-2392\EXECUTIVE SUMMARY.doc no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (LAC) RECOMMENDATION: The LAC did not review this petition because the LAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the September 19, 2002 CCPC meeting. Mr. Richardson motioned to forward petition VA-2002-AR-2392 with a recommendation of APPROVAL WITH CONDITIONS, Mr. Midney seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has determined that there are special circumstances relating to the characteristics of the land and structures involved because the roadway interconnection was required after the petitioner already had received plat and site development plan approvals from the county. The sidewalk required by county regulations came after plans had been approved providing special circumstances. Further staff believes allowing reductions to the perimeter property buffer along this portion of the site is appropriate because the adjacent property has been rezoned from Estates to PUD; similar uses are permitted in both PUD projects. Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a practical difficulty. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2392 to the BZA with a recommendation of approval with following conditions. Staff is recommending approval of the variance with the following conditions: The variance approval is limited to what is depicted on the four-page site plan identified as "Site Plan of Naples Gateway Offsite Roadway Improvement Plan" prepared by Neese and Associates, Inc, except as further conditioned below. Sheet 1 of 4 is dated 6/3/02, sheet 2 of 4 is shown last revised 5/28/02, and sheet 3 of 4 is shown last revised 6/5/02, Sheet 4 of 4 is dated 5/28/02. The entire four-page set of plans is stamped "Received June 10, 2002". The owner must maintain the existing irrigation and cocoplum hedge within the 2.0-foot landscape buffer area, in compliance with the LDC; and Prior to commencement of roadway construction, the owner must transplant the five (5) live oaks that are located within the originally planted buffer strip to the area shown on sheet 3 of 4 along Pine Ridge Road. Prior to commencement of roadway construction, the owner must plant the side of the hedge facing Pine Ridge Road with a curvilinear ground cover bed tX ..... -__ ~.__ A G:\Current\Deselern\Vadances\Naples Gateway PUD-VA-2002-AR-2392\EXECUTIVE SUMMARY.d( o minimum of 3 to 6 feet wide. The ground covers shall be a minimum of one gallon indigenous plants planted 18 to 24" on center. The hedge must be planted on the right-of- way side of the Type D Landscape Buffer hedge that is located along Pine Ridge Road. Prior to commencement of roadway construction, the owner shall submit a site and landscape plan depicting these changes for review and approval. Any plants destroyed or damaged in the transplanting process must be replaced with Florida #1 plant material of similar size and type, within 30 days of the date of destruction. The owner has the option to plant new material rather than relocate or transplant as noted above. However, all new plant material must duplicate the size and type that it replaces. Approval of this variance site plan does not approve the proposed driveway onto the access road labeled "future Harley Davidson Entrance Location." This entrance is subject to review and approval through the SDP amendment process. Four letters were submitted prior to the CCPC in objection to the request. The CCPC determined that the issues raised in the letters were not germane to the requested variance. No one appeared to speak before the CCPC, either in support of, or in opposition to, this petition. Because four letters were submitted, this petition did not meet the criteria to be included on the Summary Agenda; it must be placed on the regular agenda to be heard by the Board of Zoning Appeals. G:\Current\Deselem\Vadances\Naples Gateway PUD-VA-2002-AR-2392\EXECUTIVE SUMMARY OCT 2 2 2002 toc Pag~ 3 of 4 PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: 'SUS~i~I ~UR15,AY, AICP-- / - CURRENT PLANNING MANAGER c) - ,~..O-O,;L DATE /0. Z. o?_. DATE M2k~GA~ET WUERSTLE, AICP PLANNI~G SERVICES DIRECTOR APPROVED BY: DATE JO~E]~I-I K. SCHMITT ' DATE / C~TY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2001-AR-2392 G:\CurrentSDeselemWadances\Naples Gateway PUD-VA-2002-AR-2392\EXECUTIVE SUMMARY.c AGE~A IT~.M 0CT 2 2 2002 ,c Pa g~,,/'"4 of 4 AGENDA ITEM 8-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: August 30, 2002 SUBJECT: PETITION VA-2002-AR-2392 AGENT/APPLICANT: AGENT: R. Bruce Anderson, Esq. Young, Van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 APPLICANT: Gerald A. McHale, Jr.. Trustee Naples Gateway Land Trust 1600 Jackson Street, Suite 200 Fort Myers, FL 33901 REQUESTED ACTION: The applicant is seeking a variance to reduce the width of the landscape buffer to from ten feet to two feet along the first 260 (southerly) feet of the eastern PUD boundary where it abuts a driveway interconnection with the Ragge PUD. This variance is being sought to provide a five- foot wide sidewalk along the narrow driveway interconnection, which straddles that 260 foot common boundary. GEOGRAPHIC LOCATION (See Attachment A): The subject property is located at 3645 Gateway Lane, further described as Lot 6, Naples Gateway, Phase 2, Plat Book 35, page 49, as recorded in the public records of Collier Count3', Florida in Section 7, Township 49 South. Range 26 East. , CCPC Date: September 19. 2002 Petition VA-2002-AR-2392 OCT 2 2 2002 · jel o_F a~" will be seen by the public, thus softening the effect of intense retail commercial d along Pine Ridge Road. Staff believes it is appropriate to allow this variance becaus~ PUD, who would be most affected by a reduced buffer, has been approved for use: Petiticm VA-2002-AR-2392 CCPC Date: Se~ember 19. 2002 Page PURPOSE/DESCRIPTION OF REQUEST: The PUD zoning was approved for this project in 1985. Since that time, the PUD has been amended twice, once in 1997, and again in 2000. The 1997 amendment reduced the height, changed the intensity and location of uses, and added conditions to address compatibility. The 2000 amendment added new and used motorcycle sales and service as a use. The requirement for the project to interconnect to the parcel to the east, now known as the Ragge PUD, was also added in the 2000 amendment. The interconnection was proposed to be a continuation of Gateway Lane, which runs parallel to Pine Ridge Road. The Ragge PUD was approved in 2001. That project abuts the subject tract on the eastern boundary. After further consideration, it became apparent that the continuation of Gateway Lane parallel to Pine Ridge Road would not provide a satisfactory access to the Whippoorwill Lane traffic signal that abuts the eastern boundary of the Ragge PUD. There would not be adequate queuing distance for vehicles attempting to access Gateway Lane from the Whippoorwill Lane/~ine Ridge Road intersection. The county therefore, required the interconnection to be moved further north, with an interconnection between the two parcels running along the shared boundary to that northerly point. No provision was made for a sidewalk within the roadway areas. (In the past, sidewalks were not required, they were optional.) The distance between the western edge of the roadway easement and the back of the curb of the Harley Davidson parking area is only seven feet. Presently this area contains a vegetative buffer (see photos on the following pages). There is insufficient room to provide the required buffer and the required pedestrian sidewalk. The petitioner wishes to provide a sidewalk along Gateway Lane where it traverses the Harley Davidson property, and provide an augmented buffer between Gateway Lane and Pine Ridge Road to compensate for the loss of buffering plants, as stated in the request. Section 4.13 of the PUD document requires the applicant to provide a 10-foot wide buffer along the eastern and western project boundaries. The approved Site Development Plan (SDP #00- 065) indicates that the 10-foot wide buffer was to be provided, however it appears that only a seven-foot wide buffer was actually created, according to the variance site plan. In any case, the applicant now seeks a variance to replace the existing seven-foot wide buffer consisting of trees, a hedge, and grass, with a five-foot wide sidewalk and a two-foot wide vegetat~,'e strip. Staff has voiced concerns to the applicant about the survivability of the shrubs and tree~twithin a two-foot wide strip. Due to heat gain from the driveway and sidewalk, staff believes it is doubtful that the trees would survive. The applicant has agreed to relocate the~ trees. The current proposal would replace the grassed area with the sidewalk, keep a single-row~, hedge in the two-foot wide buffer area, and relocate the existing trees to the area along Pine Ridge Road, where they would have a higher likelihood of survival. Staff realizes that the provision of the sidewalk is a public safety issue that must be addressed. The applicant has agreed to provide the sidewalk and seek the variance to allow a reduced buffer between the Harley Davidson dealership's driveway and the proposed right-of-way. The roadway will be located between commercial developments; it will not provide access to any residential uses; therefore the effects of a reduced buffer width is of minimal significance at this location. The applicant has a~reed to provide additional plantings along Pine Ridge Road, which ~ ~'elo~$, the ~t~~ of similar OCT 2 2 2002 intensity. When the 10 foot wide buffer was required, the Ragge PUD zoned land was undeveloped land zoned Estates. Staff believes the compromise will meet the purpose and intent of the LDC and has provided findings to support this belief. The photographs on the following page show the existing buffers for both the proposed interconnecting roadway and Pine Ridge Road. Hawthorne Suites is located to the west of the subject site. If this variance is approved, both pedestrian and vehicular traffic from that hotel will be able to travel to the Speedway convenience food store that is located at the Whipporwill Road/Pine Ridge Road intersection (west of both the Naples Gateway and Ragge PUD projects) without going onto Pine Ridge Road. Existing buffer along proposed roadway Looking south Existing buffer along proposed roadway Looking north Existing buffer along Pine Ridge Road Looking East along the buffer Existing buffer along Pine Looking East from Harley Petition VA-2002-AR-2392 CCPC Date: Sep~embe~ 19, 2002 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The site is located in Interchange Activity Center #10 land use classification on the County's Future Land Use Map. The GMP described this activity center as follows: Interchange Activin.' Centers #4 and #10 allow for a mixture of land uses - which ma), include I00% or any' combination thereof, of each of the following uses: the full array' of commercial uses, residential and non- residential uses, institutional uses, hotel/motel uses at a densiO, consistent with the Land Development Code, and Business Parks The uses for the subject site were previously reviewed and deemed consistent with the Future Land Use Element; the variance currently being sought request is not specifically addressed in the Growth Management Plan. LAND USE AND ZONING: Subject: Harley Davidson Motorcycle Dealership, zoned PUD Surrounding: North - East - South - West - Livingston Woods Lane, then single family homes, zoned Estates cleared roadway area that is part of the Naples Gateway PUD and the Ragge PUD Pine Ridge Road undeveloped tract within the Naples Gateway PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Therefore, a Historical/Archaeological Survey and Assessment or waiver is not Petition VA-2002-AP,-2392 CCPC Date: Sep~eml>er 19, 2002 Prc~abil~ req[tirec~~ 2002 EVALUATION FOR-IMPACTS TO TRANSPORTAT1ON~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request, as conditioned, 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 roadway interconnection was required after the petitioner already had received plat and site development plan approvals from the county. The sidewalk required by county regulations came after plans had been approved providing special circumstances relating to the characteristics of the land and structures involved. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property., which is the subject of the variance request? Yes. The access road's (Gateway Lane) alignment was shown during the re-zoning for the subject tract to run parallel to Pine Ridge Road. Subsequent to that, the adjacent property was rezoned to PUD as well. During that same time Whippoorwill Lane was extended across Pine Ridge Road along the eastern boundary of the adjacent Ragge PUD tract. It was determined that the previous acceptable parallel alignment would be too close to the Whippoorwill Lane/Pine Ridge Road intersection. There would not be adequate distance to queue vehicles wishing to access Gateway Lane from the Whippoorwill Lane/Pine Ridge Road intersection. None of those actions were of the petitioner's making; the Gateway Lane alignment was a pre-existing condition. CJ W'dl a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The current property owner cannot meet the sidewalk and buffering requirements without making major alterations to the existing Harley Davidson dealership site. 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? Yes, the granting of this variance to reduce the landscape buffer requirement wi five-foot wide sidewalk to be provided. CCPC Date: September 19, 2002 Page Petition VA-2002-AR-2392 all~. tlae ~7 Q~ OCT 22 Ce f. he 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. However, there are special circumstances as noted above that are unique to this project. In addition, the conditions of approval to which the applicant has agreed are not required by code and functionally serve the same purpose as the intent of the provision requested to bc varied. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, an~ not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The purp{{se and intent of the LDC (§2.1.2) is to "...protect, promote, and improve the public heal{h, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the county." Staff believes that the public safety will be protected if the sidewalk is provided and further, believes that the appearance of Pine Ridge Road will be enhanced by the additional plantings the applicant has agreed to provide. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition 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: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that support a recommendation of approval of the variance, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2392 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions: 1. The variance approval is limited to what is depicted on the four-page site plan identified as "Site Plan of Naples Gateway Offsite Roadway Improvement Plan" re ared b Neese and Associates, Inc, except as further conditioned below..qh~qt I . P P _ Y ........... ._ _~. ..... ~n~. -,'vised 5/28/02, and sheet !~ of of 4 is dated O/~/uz, sneet z o~ ,+ ts ~nu~. ~,~, ,,. ! CCPC Date' September 19 2002 Page 6 o4 pe,.,o, vA-2002-^.-2302 ' OCT 2 2 2002 / shown last revised 6/5/02, Sheet 4 of 4 is dated 5/28/02. The entire four-page set of plans is stamped "Received June 10, 2002". 2. The owner must maintain the existing irrigation and cocoplum hedge within the 2.0- foot landscape buffer area, in compliance with the LDC; and 3. Prior to commencement of roadway construction, the owner must transplant the five (5) live oaks that are located within the originally planted buffer strip to the area shown on sheet 3 of 4 along Pine Ridge Road. 4. Prior to commencement of roadway construction, the owner must plant the side of the hedge facing Pine Ridge Road with a curv'ilinear ground cover bed that varies from a minimum of 3 to 6 feet wide. The ground covers shall be a minimum of one gallon indigenous plants planted 18 to 24" on center. The hedge must be planted on the right-of-way side of the Type D Landscape Buffer hedge that is located along Pine Ridge Road. 5. Prior to commencement of roadway construction, the owner shall submit a site and landscape plan depicting these changes for review and approval. 6. Any plants destroyed or damaged in the transplanting process must be replaced with Florida #t plant material of similar size and type, within 30 days of the date of destruction. 7. The owner has the option to plant new material rather than relocate or transplant as noted above. However, all new plant material must duplicate the size and type that it replaces. 8. Approval of this variance site plan does not approve the proposed driveway onto the access road labeled "future Harley Davidson Entrance Location." This entrance is subject to review and approval through the SDP amendment process. The first condition identifies the site plan that depicts the variance. Conditions 2-7 clarify and reiterate staffs understanding of the landscaping improvements the petitioner has a~eed to provide along the Pine Ridge Road frontage. Condition #8 addresses an access change that is shown on the site plan. Currently there is a driveway along Gateway Lane (see sheet 4 of 4 of the site plans). Sheets 2 and 3 of 4 show an un-dimensioned driveway labeled "Future Harley- Davidson Entrance Location" on Sheet #2. This driveway is located approximately in the middle of the 260-foot long area for which the variance is being sou~t. The applicant's narrative has not addressed this access change and staff has not addressed it as part of the variance request. Staff is putting the applicant on notice that approval of this change is not implied if the variance is approved. The driveway-relocation must be addressed as part of an SDP amendment. PUBLIC INPUT: As of the date this staff report was prepared August 30, 2002, no letters, either in support of, or in opposition to, this petition have been received. Petition VA-2002-AR-2392 CCPC Date: Septembe~ 19.2002 AGEM3A ITEM OCT 2 2 2002 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: DATE DATE M~RGAR~T WUERSTLE, AICP DIRECTO~ PLANN~G SERVICES DEPARTMENT APPROVED BY: DATE Collier County Planning Commission: KENNETH L. ,i, BERNATHY, C-"FIAIRMAN DATE Staff report for the September 19, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the October 22. 2002 Board of County Commissioners Meeting Petition VA-2002-AR-2392 CCPC Date: September 19, 2002 OCT 2 2 2OO2 2 2 2002. VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA-2002-AR-2392 PROJECT: # 19990413 Date: 4/16/02 Kay Deselem Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Gerard A. McHale, Jr., Trustee, Petitioner's Address: 1601 Jackson St., Suite #200, Fort Myers, FL Telephone: (941)337-0808 Agent's Name: Naples Gateway Land Trust 33901 R. Bruce Anderson, Esq., Young, Van Assenderp, Vamadoe & Anderson, PA Agent's Address 801 Laurel Oak Dr., Suite 300, Naples, FL Telephone: (941)597-2814 34108 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 OCT 2 2 2002 Iq- Complete the following for all Association(s) affiliated with this petition. (Provide additional shceU if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State .,. Zip , city state ~ zip City State , Zip Name of Master Association: Mailing Address City State ~ Zip __ Name of Civic Association:_ Mailing Address City State ~ Zip Subdivision: Naples Gateway Section 7 Twp. 49 Range Metea & Bounds Deaeription: PROPERTY DESCRIPTION: Legal Description of Subject Property: Unit 26 Phase2 Lot(s) 6 Block(s) Property I.D. # 61789001107 Address of Subject Property: 3645 Gateway Lane (If different from Petitioner's address) Application for Variance Petition - 8/98 Page 0CT 2 2 2002 Current Zoning and Land use of Subject Parcel: Commercial PUDs, Harley-Davidson Dealership on easternmost parcel of PUD and west of driveway intereonnection- Adjacent Zoning & Land Use: ZONING LAND USE N Estates S PUD xv p~i E PUD Single Family Residential Sutherland PUD Naples Gateway PUD and Cambridge Square PUD Ragge PUD Minimum Yard Requirements for Subject Property: Front: 25 ft. Comer Lot: Yes X No ~] Side: 15 ft. Waterfi'ont Lot: Yes ['-] No X Rear: 200 - 300 ft. for motorcycle dealership Application for Variance Petition - 8/98 P8 OCT 2 2 2002 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary, how existing encroachment came to be; etc. This is a request for a variance from Section 4.13(2) of the Naples Gateway PUD, Ordinance No. 2000-14. Said PUD section states as follows: Ten feet wide Type "A" Buffer shall be provided along the eastern/western PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. The variance is requested to reduce the width of the landscape buffer to two (2) feet along the first 260 feet of the eastern PUD .boundary where it abuts a driveway intereonnection with the commercial Ragge PUD, in order to provide a five (5) ft. wide sidewalk along the narrow driveway intercormection which straddles the first 260 feet of their common PUD boundaries. The width of the landscape buffer for the remainder of the eastern boundary line would be ten (10) ft. in widtlx The Naples Gateway PUD was originally approved in 1985 and has been amended twice since that time. During one of the last two amendments, the County added an interconnection requirement to the abutting parcel to the east which had not yet been rezoned to commercial puD. Specifically, Section 6.5 of the PUD states, "the Petitioner shall provide a future vehicular cross-access easement to the abutting parcel to the east, prior to final site development plan approval. This roadway easement shall be maintained and operated by the developer or his designee." The 2000 PUD amendment was to allow for the Harley-Davidson facility as an allowed use in the PUD. When the Harley-Davidson use was approved, a special setback restriction was added which required that the portion of the building used for motorcycle repair must maintain a 300 ft. minimum setback from the northern property line along Livingston Woods Lane and a minimum 200 ft. setback for any portion of the building used for any other purpose. The interconnecting driveway was approved to be a cominuation of the PUD's "Gateway Lane" interconnecting driveway paralleling Pine Ridge Road. However, at or about the same time as the Ragge PUD was going through the rezoning process, it became apparent that continuation of the frontage driveway interconnection across the from of the Ragge PUD would not provide a safe satisfactory access to the Whippoorwill Lane traffic signal that abuts the Ragge PUD eastern boundary. As a result and in order to provide a safe and satisfactory intercormection, the County required that the interconnection be moved further north along the east boundary. The required cross-access easement had to traverse down the from 260 ft. of the eastern property boundary and then curve at the sou~ comer of the Harley property and make a turn west. e end result being that in order to provide the cross-access intercormection ,, ~ D and the e PUD, that the Naples Gateway between the Naoles Gateway PU Ragg .......... provided 15 ft. ~)n its side of the eastern boundary with tine Kagge t'UL~ aha me App i .tiou van. ut. Veatio - 4 fS 0El 2 2 20112 iq .... Ragge PUD provided a 10 ft. easement. The distance between the western edge of thi.q roadway easement and the back of the curb for the Harley-Davidson parking area is only seven (7) feet and there is not sufficient room to provide the required buffer and the required pedestrian access sidewalk. The remaining 330 ft. along the east-west boundary of the subject PUD, as measured from the north property line (excluding the Livingston Woods Lane easement on the north 30 feet of the lot), would continue to meet the 10 R. wide landscape buffer requirement. It is only for that portion of the property abutting the intereonnection that the variance is sought. The owner of the abutting Ragge PUD has nol~objeetion to this variance request. 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 (1-8). (Please address thi.q criteria using additional pages if necessary.) 1. Are there special conditions and cire~ existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The special circumstances and conditions are the change in location of the Gateway Lane roadway interconnection that was required by the County after plat and Site Development Plan approvals had been issued for the first phase of Naples Gateway PUD for a frontage road paralelling Pine Ridge Road. This change made it physically impossible to accommodate all of the County's requirements with regard to said roadway, pedestrian access along said roadway and landscape buffeting required generally for the PUD. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, the special conditions and circumstances are that the abutting property owner to the east (the Ragge PUD) could not safely accommodate an extension of the firontage road paralleling on pine Ridge Road onto his property because the location of such a road would not provide enough stacking area and turning movements for the traffic:lsignal installed along the eastern boundary at the somheast comer of the Ragge PUD aligning opposite Whippoorwill Lane. 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. Yes. It is a practical difficulty in aecon-1,;-,adating the roadway, the landscape buffeting and the sidewalk that necessitates this variance request. Application for Variance Petition - 8/98 Will the variance, if granted, be the minimum variance that will make poss~le the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. ^c, I OCT 2 2 2002 Pa $ of 8 Yes. TI~ allowance of the 2 ii. landscape bufi~ w~! al~w a 5 ff. wide sidewalk adjacem to the interconnecting roadway, so as to provide for safer pedestrian passage within thi.~ activity center quadrant from one PUD to another. W'fll granting the variance requested confer on the petitioner any special privilege that is denied by these zoving regulations to other lands, buildings, or structures in the same zoning district. No. The PUD zoning district is unique to each parcel of land and the variance is only sought for the first 260 ft. along the eastern boundary measured from Pine Ridge Road, and will not affect any of the other required landscape buffers. 6. W'fll granting the variance be in harmony with the intent and purpose of thi~ zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The variance will be harmonius with the intent and purpose of the Zoning Code which is to encourage interconnection between commercial properties and provide pedestrian access between such interconnected properties. 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? The physically induced conditions are the narrowness of the available width to provide the landscape buffer and sidewalk abutting the cross-access easement interconnection roadway. 8. Will granting the variance be consistent with the growth management plan? The variance request is consistent with the growth managemem plan. Application for Variance Petition - 8/98 P8 OCT 2 2 2002 6or . VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMrVTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIF~ REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) Ail property boundaries & dimensions b) Ail existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee and Data Conversion Fee, checks shall - be made payable to Collier County Board of Commissioners 8. Other Requirements - = As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Application for Variance Petition - 8/98 Date AGENOA ITEM OCT 2 2 2002 l, Scott Fisher, President of Harley Davidson of Naples, Inc. (owner of the property herein described} do hereby authorize Gerald A. McHale, .Ir., as Trustee of the Naples Gateway Land Trust to be the applicant/petitioner, and Young van Assenderp, Varnadoe & Anderson, P./L, to file and obtain approval of a Variance application to reduce the required landscape buffer along the eastern boundary of the property from lOft. to 2fi. in order to accommodate a .5 fl. sidewalk adjacent to the interconnecting driveway between the subject property and the Ragge PUD. I, Gerard A. McHale, ,Ir. as Trustee of Naples Gateway Land Trust, being first duly sworn, depose and say that Naples Gateway Land Trust is authorized to file a variance application for 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 1 understand that the Information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Trus~ the pr~r~y owner I further authorize Young, van Assenderp, Varnadoe & Anderson, P.A. to act as our represe.~a~~ers regarding this Petttior~ ~. ~Ldg~/~/,7~./~~.~. S~tt Fisher, Prekident Gerard A. McHale, ,Ir., Trustee ~,~ /Harley Davidson of Naples, Inc. Naples Gateway Land Trust The foregoing instrument was acknowledged before me this ,f- of 002, by Gerard A. McHale, ,Ir. Trustee who is personally known to me. State of Florida County of Lee (Signature of Notary Public - State of Florida (Print, Type, or Stamp CommisSioned Name of Notary Public} Theforegoinginstrumentwasacknowledgedbeforemethis_~r~_________dayof ~r// 2002, byScottFisher who is personally known to me. State of Florida/ County of ~.~ ~ Application for Variance Petition - 8/98 (Signature of Notary Public - State of Florida (Print, Type, or Stamp Commission4d Name of Notary Public) Page 8 o~ AGENDA ITEM OCT 2 2 2002 COLLIER COUNTY GOVERNMENT COIVLMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Apdl 23, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. R. Bruce Anderson, esq. 801 Laurel Oak Drive, Suite 300 P.O. Box 7907 ~, Naples, FL 34101-7907 \ RE: NAPLES GATEWAY PUD, VA-2002-AR-2392 Dear Mr. Ander~°n: Staff has reviewed the submittal documents for completeness for the application referenced above. Several items need to be resolved before staff can review and evaluate the actual vadance request. Please address the following items: The vadance site plan contains the note: "Install required plantings along sidewalk per the approved Hadey Davidson Landscape Plan." Due to the constrained size of the buffer (if the variance is approved), the required plantings referenced above will no longer fit in the area or survive in the smaller space. It appears that approximately 2,000 square feet of buffer area will be lost if the variance is approved, it was my understanding that you were going to propose an alternative planting plan as part of the vadance request. Please provide a revised landscaping plan for this remaining two-foot wide area, and please consider providing a plan augmenting the area between Gateway Lane and Pine Ridge Road with native shrubs and ornamental grasses to replace the 2,000 square feet of landscape area that will be lost. The cross-section A-A is shown with arrows pointing to the south. Please reverse arrows and the image to show the cross-section view to the north. What does the noted 21' represent? The sidewalk is shown within an unlabeled seven- foot wide area. What does the seven-foot wide area represent? Please reconfigum to correctly show the property line and that the landscape buffer will consist of a two-foot wide strip. Since this cross-section is a crucial component of the vadance request, it is not appropriate to show a cross-section in measured detail and state that the section is "Not to Scale." scale" note and ascertain that the cross-section measurements show. Phone (941) 403-2400 Fax (941) 643-6968 Please remove the "not to is drawn exactly as the AGENDA ITEM 0CT 2 2 2002 v~vw. colhergov, net Letter to R. Bruce Anderson, esq. RE: Naples Gateway PUD Va#ance, VA-2002-AR-2392 April 23, 2002 Page 2 of 2 It is not appropriate to propose conditions or limitations on the variance site plan that would be applicable to the neighboring property. Please remove the Drainage Calculation, and please remove the "Hatched portion..." notations that reference the Ragge PUD. While it is important to show the relationship between the two properties, it is equally important to show what is on-site and what is off-site from the actual Naples Gateway PUD. Please amend the site plan to clearly show and label the property lines for the Naples Gateway PUD. Please provide a site plan for the overall Naples Gateway PUD that highlights the subject site. 6. The site plan is identified as Sheet 2 of 3. What is contained on Sheets 1 and 3? Sincerely, Kay Deselem, AICP Principal Planner Planning Services Department cc: Susan Murray, AICP, Interim Director, Planning Services Department G:\Current\Deselem\Vadances\Naples Gateway PUD VA-2002.AR-239~mpleteness review.do AGENDA rrEM OCT 2 2 2002 ~--II lira Neese :,Associates Land Sar~ eNng RE-SUBMITTAl VA-2002-AR-2392 PROJECT # 19990413 DATE: 6/10/02 KAY DESELEM May 3 I, 2002 Job No. 980040.02 Ms. Kay Deselem, AICP Planning SeD'ices Department 2800 North Horseshoe Drive Naples, FL 34104 NAPLES GATEWAY PUD VA-2002-AR-2392 Dear Ms. Deselem: Enclosed please find the seventeen (I 7) revised plan sets as requested in your letter to R. Bruce Anderson, esq. dated April 23rd, 2002, concerning the above referenced project. We offer the following responses to the checklist items: 1. Please find a re~ssed landscape plan enclosed. 2. Cross-section A-A has been revised and now shows arrows pointing to the north. The 21' is the width of the proposed pavement and the 7' wide area represents the distance from the back of the valley gutter to the back of the curb. A note to this effect and additional notes have been added to the cross-section in order to clarify the proposed distances. The "not to scale" note has been removed. 3. The drainage calculation and the "hatched portion..." notation have been removed. Additional notes have been added to the plan in order to clarify, the property lines for the Naples Gateway PUD. 5. A site plan for the overall Naples Gateway PUD that highlights the subject site has been enclosed. 6. The plan set has been revised and there are now 4 plan sheets. Sheet 1 is the cover sheet. Sheet 2 is the site plan, and sheets 3 & 4 are the PUD site plan and the landscape plan. Also, in response to the comment from Steve Seal in the letter dated May 7m, .}nd per my telephone discussion with him, we have added concrete wheel stops to the parking space~ facing tl~e proposed sidewalk. Please give us a call once you have had a chance to review the re~0onses and changes to the plan. Thank you. Sincerely, NEESE & ASSOCIATES ~under'~~n, E.i.~~ Project Engineer cc: David Isley, Bruce Anderson 12661 Metro Parkway · Fort Myers. Florida 33912 Phone (941) 768-0077, Fax (941) 768-3457 OCT 2 2 2002 ~IT6 OCT 2 2 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR- 2392 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIEK 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 budness regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zon/ng of particular geographic divisions of the County, among which is the gran~ng of variances; and WHEREAS, the Board of Zoning Appeals, being the duly and lawfully 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 i-foot variance from the required 10-foot buffer to allow a two (2) foot buffer as shown on the attached plot plan, Exhibit "A", in a PUD Zoning District 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 Sect/on 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLOR_IDA, that: The Petition VA-2002-AR-2392 filed by Young, Van Assenderp, Vamadoe & Anderson, representing Naples Gat~0vay Land Trust, with respect to the property hereinafter described as: Lot 6, Naples Gateway, Phase 2, as recorded in Plat Book 35, Page 49, in the Official Records of Collier County, Flor/da be and the same hereby is approved for a g-foot variance from the required 10-foot buffer yard setback required by PUD Ordinance 2000-14, Section 4.13.(2), to 2 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the conditions attached as Exhibit B. BE IT RESOLVED that tiffs Resolution relating to Petition Number VA-2002-AR- 2392 be recorded in thc minutes of this Board. AGENDA ITEM OCT 22 2OO2 This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of .... 2002. BOARD OF ZONI1WG APPEALS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIILMAN Approved as to Form and Legal Sufficiency: Patrick G.~rhite Assistant County Attorney Attachments: Exhibit A, Plot Plan Exhibit B, Conditions VA.2002-A R-2392/KDY',o ITEM OCT 2 2 2002 --mm 0C'I 2 2 2002 2002-AR-2392 Exhibit A -Illll r, VA-2OO2-AR-2392 ,~[ Exhibit A ![,: ! ,' !',~= ' ' lill I l' [ ~A ,,,,,: ~,II ~~m~ l~ii I ! I ' l. , ~I~ oo®®- ',..; ~ / :~:~i!'!iI'! '/~ ' '~'~1~ 1.1 i,'llil'l, I.t,l'i[h'' ~ ~ !:il ,!., ~:~ ,.I,.,, '"' ,,','m ,,,', ,' ~ i ~I I [illi',[iii l!lti ii iiti t VA-:OO2-~ 9~. ~ NAPLES GATEWAY PUD VARIANCE -- HARLEY DAVIDSON PARCEL Conditions of Appreval Staff is recommending approval of the vadance with the following conditions: The vadance approval is limited to what is depicted on the four-page site plan identified as "Site Plan of Naples Gateway Offsite Roadway Improvement Plan" prepared by Neese and Associates, Inc, except as further conditioned below. Sheet 1 of 4 is dated 6/3/02, sheet 2 of 4 is shown last revised 5/28/02, and sheet 3 of 4 is shown last revised 6/5/02, Sheet 4 of 4 is dated 5/28/02. The entire four-page set of plans is stamped "Received June 10, 2002". The owner must maintain the existing irrigation and cocoplum hedge within the 2.0-foot landscape buffer area, in compliance with the LDC; and Pdor to commencement of roadway construction, the owner must transplant the five (5) live oaks that are located within the originally planted buffer strip to the area shown on sheet 3 of 4 along Pine Ridge Road. Prior to commencement of roadway construction, the owner must plant the side of the hedge facing Pine Ridge Road with a curvilinear ground cover bed that varies from a minimum of 3 to 6 feet wide. The ground covers shall be a minimum of one gallon indigenous plants planted 18 to 24" on center. The hedge must be planted on the right-of-way side of the Type D Landscape Buffer hedge that is located along Pine Ridge Road. Prior to commencement of roadway construction, the owner shall submit a site and landscape plan depicting these changes for review and approval. Any plants destroyed or damaged in the transplanting process must be replaced with Florida #1 plant material of similar size and type, within 30 days of the date of destruction. The owner has the option to plant new material rather than relocate or transplant as noted above. However, all new plant material must duplicate the size and type that it replaces. Approval of this vadance site plan does not approve the proposed ddveway onto the access road labeled "future Harley Davidson Entrance Location." This entrance is subject to review and approval through the SDP amendment process. Last Revised: 9/6/02 G:\Current~Deselem\Vadances\Naples Gateway PUD--VA-2002-AR-2392\conditions .doc VA-2002-AR-2392 Exhibit B No. OCT 2 2 200Z EXECUTIVE SUMMARY PETITION RZ-01-AR-1204, VINCENT A. CAUTERO OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING SHANE ALAN MCINTOSH, REQUESTING A REZONE FROM "C-I" AND "RSF-4" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO THE "C-2" COMMERCIAL CONVENIENCE ZONING DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF GOODLETTE-FRANK ROAD (CR-851) AND 13TM AVENUE NORTH IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.15 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site as noted above in order to permit a general office building with depository institutions that is consistent with all the applicable codes and regulations and to ensure that the community's interests are maintained in this mixed-use neighborhood. CONSIDERATIONS: The commercial portion of the subject site was rezoned to C-1 in 1998 and currently contains a single- family residence that has been converted into office space. The petitioner indicates that the residential portion of the subject site is no longer viable for residential uses due to its proximity to a major collector road and due to its location between two existing commercial uses. As a result, the petitioner has filed an application to rezone a 1.15-acre parcel from C-I and RSF-4 to the C-2 Zoning District in order to construct a professional office building with depository institutions. In order to qualify for commercial zoning, the project must be consistent with the Office and Infill Commercial criteria as provided for in the Future Land Use Element. It should be noted that the petitioner is no longer requesting the variances that were recommended for denial by the Collier County Planning Commission. The Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed petition will result in an additional 410 Weekday trips. This represents an increase of 184 trips over the amount that is generated by the current commercial and residential uses. As a result, the proposed rezone will not generate traffic that exceeds the significance test standard on Goodlette-Frank Road (C.R. 851) when completed. The Transportation Element lists C.R. 851 as a 4-lane collector road fronting the project. The current traffic count for this segment is 31,599 ADT and is operating at LOS "B". It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this petition is consistent with Policy 1.3 of the Transportation Element. OCT 2 2 2002 / In regards to compatibility, the subject site contains one single-family dwelling that has been converted into an office for the applicant. It also abuts Goodlette-Frank Road (a collector road) to the west and residential roads to the north and south. The proposed ingress/egress off of the residential roads are subject to the review and approval of the Transportation Department. To the north is a one-story building that is used as chiropractor's office. This building is located within the City of Naples jurisdictional boundaries and is only setback 25 feet from Goodlette-Frank Road. Conversely, the site abuts a single-family residential neighborhood to the east, which requires a 50-foot setback. As a result, the proposed 2-story office building should not adversely impact the existing residential land uses to the east. However, staff is also recommending that a six-foot tall pre-fabricated concrete wall with external landscaping be constructed along the eastern property line prior to any commercial development. To improve the compatibility of the proposed office building, the petitioner is committing to an architectural style and roof treatment that is intended to provide a transition between the existing commercial uses and the residential area to the east. FISCAL IMPACT: This rezone 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: Fire Impact Fee: · Road Impact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: $820.84 $0.30 square feet under roof $11,125.00 per 1000 square feet (Bank) $3,947.00 per 1000 square feet (Office) $1.3260 per square foot $0.005 per square foot of building $83.00 per 1,000 square feet $0.005 per square foot of building For a proposed office building of approximately 18,000 square feet with 2,000 square feet of banking uses, the total fiscal impact is estimated at $128,496. It should be noted that because impact fees vary by type of use and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to he County's sewer and water system. ~x~A~) ire.~ OCT 2 2 2002 Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban - Mixed-Use District, Urban Residential Sub-district on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban-Mixed Use District, Office and In-fill Commercial Sub-district (OIC) provides for low intensity office, commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District that are located along arterial and/or collector roadways where residential development (as allowed by the Density Rating System), may not be compatible or appropriate. The petitioner asserts this rezone is consistent with this OIC Sub-district. The proposed rezone petition must comply with the criteria as listed in the staff report. The proposed rezone petition can be deemed to comply with the Office and Infill criteria i._f the Board of County Commissioners makes the following interpretations. · The subject site exceeds the depth of the commercial zoning to the north by 140 feet. Due to the varying depths of the abutting commercial properties, an interpretation is necessa~. It is staff's interpretation, in light of Board of County Commissioner's action in a similar situation for Vincentian PUD amendment, that the intent of the OIC criteria is met. However, the Board of County Commissioners should be made aware of this situation, as they must make the final determination of consistency. ~ · The site abuts commercial on both sides, so it would be eligible for the highest intensity of the abutting commercial zoning district (C-1-CMO). Staff's opinion is that the request for C-2 zoning is a higher intensity than the abutting z .c~ning districts. As a result, staff is recommending that the proposed rezoning be lin~ited to office uses and deposito~ institutions that are permitted uses in the C-2 District. However, the BCC would have to make a finding that this limitation is consistent with this criterion. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed "C-2" District is consistent with the OffiCe and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the Board of County Commissioners making the above referenced findings and limiting the uses only to office uses and depository institutions that are permitted uses in the C-2 District. ,~,rano~, rM~ OCT 2 2 2002 ENVIRONMENTAL ISSUES: The Environmental Review Staff has determined that due to the small size of the subject site that has been previously developed, no Environmental Impact Statement (ELS) is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because the project does not impact any wetland areas and was previously developed, this petition was not required to be presented to the Environmental Advisory Council (EAC). As a result, staff has recommended approval as submitted. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on September 19, 2002. By a vote of 8 to 1, the CCPC forwarded Petition RZ-01-AR-1204 to the Board of County Commissioners (BCC) with a recommendation of denial. The Planning Commissioners that voted for denial determined that this petition and companion variance petition allowed for a building that was too large and out of scale with the adjacent residential neighborhood. As a result, the petitioner has decided not to proceed with the variance petition and to limit the proposed office building to two stories. The one Commissioner that voted tbr approval indicated that the rezone petition was consistent with the Office and In-fill Commercial criteria of the GMP. It should be noted that five persons spoke in opposition to the proposed 3-story building and the companion variances. They indicated that a smaller one or two story building would be more compatible with the adjacent one-story commercial uses and the residential neighborhood to the east. Therefore, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition RZ-01 -AR- 1204 subject to the following stipulations: a) At the time of site development plan review, the petitioner shall provide sidewalk easement for that portion of the sidewalk that encroaches onto the property. A sidewalk must be provided along 14th Avenue North as approved by the Collier County Transportation Department at the time of site development plan review. b) The final ingress/egress points shall be reviewed and approved by the Transportation Services Department at the time of site development plan review. c) The subject site abuts commercial uses on both sides, so the property would be eligible for the highest intensity uses of the abutting commercial zoning district. Therefore, the permitted uses include those listed in the Co 1-CMO and only the depository institutions (Groups 6011-6099) of the C-2 zoning district. d) A six-foot tall pre-fabricated concrete wall with external landscaping shall be constructed prior to commercial development along the eastern property line. any (~,. OCT 2 2 2002 PREPARED BY: RAYd~£L6W~S-, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: /SUSAN MURRAY, X~CP, MANAGER CU~.3E..NT PLANNING SECTION MARG~E17~I~JERSTLE, AICP, DIRECTOR PLANNING S~ERVICES DEPARTMENT /O, DATE DATE DATE APPROVED BY: JDS~PH K. SCHMITT ADMINISTRATOR O/MM~ITY DEV. AND ENVIRONMENTAL SVCS. RZ-01 -AR-1204EX SUMMARY, RVBrb 5 OCT 2 2 20O2 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AUGUST 22, 2002 PETITION NO: RZ-01-AR-1204, MCINTOSH PROPERTY COMPANION ITEM: VA-01-AR- 1205 AGENT/APPLICANT: Agent: Mr. Vincent A. Cautero Coastal Engineering Consultants, Inc. 17595 S. Tamiami Trail Fort Myers. Florida 33908 Owner: Shane Alan Mclntosh 141 5th Street North Naples, Florida 34102 GEOGRAPHIC LOCATION: The subject property is located on the northeast corner of 13~h Avenue North and Goodlette- Frank Road iC.R. 851) in Section 34, Township 49 South, Range 25 East. (See location map following page). REQUESTED ACTION: To have the Board of County Commissioners render a decision regarding an application to rezone 1.15 acres from C-1 and RSF-4 to "C-2" Commercial Convenience permitting general office and depository institutions. PURPOSE/DESCRIPTION OF PROJECT: The petitioner indicates that the residential portion of the subject site is no longer viable for residential uses due to its proximity to a major collector road and due to its location between two existing commercial uses. As a result, the petitioner has filed an application to rezone a 1.15-acre parcel from C-1 and RSF-4 to C-2 in order to construct a 21,000 square foot professional office building with depository institutions. The commercial portion of the subject site was rezoned to C-1 in 1998 and currently contains a single-family residence that was converted into office space. In order to qualify for commercial zoning, the project must be consistent with the Office and lnfill Commercial criteria as provided for in the Future Land Use Element. It should be noted that the petitioner is also requesting several variances for the proposed 21,000 professional office building as noted on the companion application (VA-0 I-AR-1205 · 0CT222002 SURROUNDING LAND USE AND ZONING: Existing Conditions: As shown on the aerial below, the site contains one single-family dwelling that has been converted for office uses. The zoning map indicates that the site is zoned C-I & RSF-4. It is also within the Corridor Management Overlay (CMO) that provides supplemental development regulations. Surrounding: North: East: South: West: 14th Avenue North and a chiropractor's office and a single family dwelling, Zoned "O" (City of Naples) and C-I (Collier County). Existing single-family dwellings that are zoned RSF-4. 13th Avenue North and a U.S. Post Office on property zoned C-I. Goodlette-Frank Road and the Lake Park Elementary School, Zoned R1- 7.5 (City of Naples). Aerial Photograph GROWTH MANAGEMENT PLAN CONSISTENCY: · ~- C Overlay , '.1','1']",.',':'!",t',1",",",': / I--:--I ~1 ~,1~1, ~I,,~, la,ll~,,l~, x I~',.~1 ~'-- ~' ~'~J'" In I I ~' I*' I' si' * I ~ I ~ /,t' tll ,I,/,I. -_ "'""-...... / Zoning Map .~1 This petition has been distributed to the appropriate jurisdiction review entities specifically for review for consistency with current Growth Management Plah and land development regulations. Future Land Use Element: Use District that are located along arterial and/or collector roadways where development {as allowed by the Density Rating System), may not be compatible or The petitioner asserts this rezone is consistent with this OIC Sub-district. The subject property is designated Urban - Mixed-Use District, Urban Residential Sub-district on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban- Mixed Use District, Office and In-fill Commercial Subdistrict (OIC) provides for low intensity office, commercial or in-fill commercial development on small parcels within the Urban-Mixed residential OCT 2 2 2002 The proposed rezone petition must comply with the following criteria. a. The site must abut an arterial or collector road. Goodlette Road is a collector road. b. The commercial area is limited to 12 acres. This site comprises about 1.15 acres. c. The site must abut commercial zoning on one or both sides. The site abuts commercial and single family zoned property; abutting C-I-CMO zoning to the south, "0" zoning which is within the city limits and RSF-4-CMO zoning to the north. d. The depth of site cannot exceed depth of abutting commercial parcel(s). The subject site has an approximate depth of 27O feet; the depth of the abutting C-l-CMO property to the south is 400 feet. However, the depth of the "0' Office zoned property to the north, located in the city limits is only 140feet. e. The project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (3) above, the project uses may include those of the highest intensity abutting commercial zoning district. The property abuts C-I-CMO commercial on the south side, and "0" on the north side. f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision of the GMP. The subject site is comprised of individual lots that were created prior to the OIC provision of the GMP. g. At the time of development, central water and sewer will serve the project. Central water and sewer will serve the project. h. The project will be compatible with existing and future land uses. See page five (5) of the Staff Report i. The for those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serv'e as a transitional use and will not be permitted to expand. The subject site abuts commercial zoning on both sides. j. Ihe maximum acreage eligible for OIC is 250 acres. This total has not been reached. The proposed rezone petition can be deemed to comply with the following criteria if the Board of County Commissioners makes the following interpretations. d. The subject site exceeds the depth of the commercial zoning to the north by 140 feet. Due to the varying depths of the abutting commei'cial properties, an interpretation is necessary. It is staff's interpretation, in light of Board of County Commissioner's action in a similar situation for Vincentian PUD amendment, that the intent of the OIC criteria is met. However, the Board of County Commissioners should be made aware of this situation, as they must make the final determination of consistency. e. The site abuts commercial on both sides, so it would be eligible for the highest intensity of the abutting commercial zoning district (C-l-CMO). Staff's opinion is that the request for C-2 zoning is a higher intensity than the abutting zoning districts. As a result, staff is recommending that the proposed rezoning be limited to office uses and depository institutions that are permitted uses in the C-2 District. However, the BCC would have to make a finding that this limitation is consistent with this criterion. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed "C-2" District is consistent with the Office and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the Board of County Commissioners making the above referenced findings. ~A rrrol OCl 2 2 2002 3 Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has thc following comment. Thc proposed petition will result in an additional 410 Weekday trips. This represents an increase of 184 trips over the amount that is generated by the current commercial and residential uses. As a result, the proposed rezone will not generate traffic that exceeds the significance test standard on Goodlette-Frank Road (C.R. 851) when completed. The Transportation Element lists C.R. 851 as a 4-lane collector road fronting the project. Thc current traffic count for this segment is 31,599 ADT and is operating at LOS "B". It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this petition is consistent with Policy 1.3 of the Transportation Element. Other Applicable Elements: This petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL 1MPACT: Staffs analysis indicates that the petitioner's property is 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 or waiver is required. A waiver from this requirement was approved on September 17, 2001 subject to compliance with Section 2.2.25.8.1 of the Land Development Code that requires the following. If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found. all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. It should be noted that due to the small size of the site that has been previously developed, no Environmental Impact Statement (EIS) is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. In addition, the Transportation Department staff has also recommended approval of the petition as submitted. EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional typically include an analysis of the project's relationship to the community's future 1] i 4 ~taff should 0el 2 2 20O2 and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 of the LDC thus requiringYtaff evaluation and comment, and form the basis for a recommendation of approval or der~ial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria as noted below. Staffs review of each of the criterion is followed by a summary conclusion culminating in a d~termination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report (See Exhibit "A'). Notwithstanding the above~ staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Existing Land Uses - The subject site abuts Goodlette-Frank Road (a collector road) to the west and it currently contains one single-thmily d~'elling that has been converted into an office for the applicant. Currently, the vehicular access is off of Fourteenth Avenue North. As depicted on the conceptual site plan, the ingress/egress is proposed to be moved approximately 50 feet eastward on Fourteenth Avenue North subject to approval by the Transportation Department (See Exhibit "B"). To the north of the site is a chiropractor's office (See Photo #1). Since this one-story building is located w'ithin the City of Naples jurisdictional boundaries, the structure is only setback 25 feet from Goodlette-Frank Road. Conversely. the site abuts a single-family residential neighborhood to the east w-ith minimal landscaping (See Photo #2). As a result, the proposed 3-story office building may adversely impact the existing residential land uses to the east. Therefore, staff is recommending that a six-foot tall pre- fabricated concrete wall with external landscaping be constructed along the eastern property line prior to any commercial development. To improve the compatibility of the proposed 21,000 square foot office building, the petitioner is committing to an architectural style and roof treatment (See Exhibit "C") that is intended to provide a transition between the existing commercial uses and the residential area to the east. Photo #1 - View north across 14th Ave. Photo #2 - View of dwelling east of the OCT 222002 Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is designated Urban Mixed-Use on the Future Land Use Map, this district permits commercial facilities which are compatible with the Office and In-fill Commercial Sub-district criteria contained in the FLUE. Staff is of the opinion that the proposed petition complies with all the applicable criteria of the OIC Sub-district subject to the following interpretations. That the C-2 uses be limited to office and depository institutions, which is comparable with the post office use to the south. In addition, there must be a finding that the depth of the proposed site complies with the intent of the criteria to limit the depth of the adjacent commercial zoned properties. This petition will be consistent with this criterion if the average depths of the commercial zoned lands to the south are included in the determination of lot depth. Utility Infrastructure - Water supplies are available to this site. Ali development must comply with surface water management requirements invoked at the time of SDP review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Goodlette-Frank Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity while Goodlette-Frank Road is operating at an acceptable level of service. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: RZ-01-AR-1204 to the Board of County Commissioners (BCC) with a recommendation for approval subject to the follo'xing staff stipulations. a) At the time of site development plan review, the petitioner shall provide sidewalk easement for that portion of the sidewalk that encroaches onto the property. A sidewalk must be provided along 14~h Avenue North as approved by the Collier County Transportation Department at the time of site development plan review'. b) The final ingress/egress points shall be reviewed and approved by the Transportation Services Department at the time of site development plan review. c) The subject site abuts commercial uses on both sides, so the property would be eligible for the highest intensity uses of the abutting commercial zoning district. Therefore, the permitted uses include those listed in the C-I-CMO and only the depository institutions (Groups 6011-6099} of the C-2 zoning district. d) A six-foot tall pre-fabricated concrete wall with external landscaping shall be constructed prior to any commercial development along the eastern property line. 0el 2 2 2002 PREPARED BY: ~-~Y B,J~L~$, CHIEF PLANNER CU~T PLANNING SECTION DATE REVIEWED BY: .//~USAN MURRAY, AICP, MANAGER PLANNING SEC,TI~N MARGAR~ WUEKSTLE. AICP, DIKECTO PLANNI~/~//SERVICES DEPARTMENT APPROVED BY: ~' CVUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 19, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY~HAIRMAN RVB/rb/STAFFREPORT/AR- 1204 DATE DATE I~AT~ REZONE FINDINGS PETITION RZ-01-AR-1204 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: me Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) and the Office and In-fill Commercial Criteria of the GMP should be considered a positive relationship. The proposed "C-2" Zoning is limited to office and depository institutional uses that are in compliance with the GMP (See Staff Report). 2. The existing land use pattern; There are existing commercial uses to the north across Fourteenth Avenue North and a U.S. Post Office to the south that is zoned C-1. (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed rezone is similar to the approved commercial zoning to the north and south. Therefore, the parcel if zoned to C-2 will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to similar commercial zoning. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ~ The district boundaries are logically drawn and they are consistent with the Office and In- fill Commercial criteria contained in the FLUE of the,GMP._ Adjacent lands to the north and south include commercial uses while lands to the e~st and west are zoned residential. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the existing conditions of the property while the proposed rezone serves as an extension of the existing commercial development to the north and south. Therefore, the relationship of the proposed zone change to the FLUE and the Office and In-fill Commercial criteria is a '' one subject to staff stipulations. (See Growth Management Plan Consistency in S1 EXHIBIT "A" OCT 2 2 2002 Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed commercial use will not change the development patterns in the area and is similar to the existing commercial development to the north and south. Therefore, the proposed change will not adversely influence living conditions in the adjacent residential neighborhood because the required development standards as contained in the Land Development Code have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. In addition, staff has stipulated that the petitioner provide a 6-foot tall concrete wall and landscaping to buffer the project from the residential areas. 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. The petition to rezone the property as requested is consistent with all applicable policies in the Transportation Element. (See Staff Report) The property fronts directly on a public road classified as a collector road. This road provides access to the arterial road network over which traffic from this project would be defused. Conversely, urban intensification results in greater volumes of traffic on the local, collector and arterial road system. Lastly, the evaluation of this project took into account the requirement for consistency with Policies 5.1 & 5.2 of the Transportation Element. As a result of this review, staff has determined that this petition will not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; 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. It should be noted that every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed rezone will not impact the circulation of light and air to adjacent projects in Collier County are subject to the development standards that are unic zoning district in which they are located. These development standards and oth generally and equally to all zoning districts (i.e. open space requirement, 2 ireas. All te to li~d~A rrEM rs al~aly c~ ~ corridor OCT 2 2 2002 10. 11. 12. 13. 14. management provisions, etc.) and 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; Typically urban intensification increases the value of contiguous underutilized land. This is a subjective determination based upon anticipated results that may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the LDC is that their sound application when combined with the administrative preliminary subdivision plat and/or site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The petition is consistent with the FLUE of the GMP. Therefore, the proposed change does not constitute a graht of special privilege. Consistency with the FLUE and the Office and In-fill Commercial Criteria is further determined to be a public welfare relationship because actions consistent with these plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; 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 as made possible by its consistency with the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County: District be limited to office and depository Institution uses only. Lastl' statement, which has evaluated the scale, density and intensity of land uses, be acceptable for this site. The proposed change to the C-2 zoning district complies with the Office and In-fill Commercial criteria as noted in the staff report. The proposed zoning is also similar to the commercial properties to the north and south. It should be noted that the proposed C-2 (~ a policy dee~ OCT 2 2 2002 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? 16. There are many other sites that are zoned to accommodate the commercial use. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are as follows: Consistency with all elements of the and the GMP, compatibility with adjacent land uses, and adequacy of infrastructure. The physical characteristics\of the property and the degree of site alteration, which would be required to make tl~e property usable for any of the range of potential uses under the proposed, zoning classification. Physical alte~htion is a product of developing vacant land that cannot be avoided. However, requiring a 6-foot tall concrete wall and landscaping to be installed prior to the development of the commercial structure have limited those impacts. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County. Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. AR- 1204/RVB/rb OCT 2 2 2002 F OCT 2 2 2002 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: RZ-2001-AR-1204 Date Petition Received: (CO~tPAmON TO VA-2001-AR-1205) -- MCINTOSH PROFESSIONAL OFFICE COMPLEX Planner Assigned:. PROJECT #2001040100 DATE: 7/24/01 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Shane Alan Mclntosh Applicant's Mailing Address City Naples 141 5th Street North Applicant's Telephone # (941) 436-5864 State Fax # FL Zip 34102 (941) 436-5865 Name of Agent Vincent A. Cautero, AICP, Vice President of Planning Firm Wilkison & Associates, Inc. Agent's Mailing Address 3506 Exchange Avenue City Naples State FL Agent's Telephone # (941) 643-6752 Fax # Zip 34104 (941) 643-5173 COI,I.rER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 0110 Strudel Rezom Applic~ion. do~ Wilkison & Asso~at~ OCT 2 2 2002 ,. P~e 1 July 9, 2001 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Not applicable. City State Zip City State Zip City State Zip Name of Master Association: Mailing Address Not applicable. City State Zip Name of Civic Association: Mailing Address Not applicable. 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 Shnne & Cynthia McIntosh, 141 5~ Street N., Naples, FL 34102 Pere~ntnge of Ownership 100% 0110 Standard Rezone A~pliention. doc Wmmon & Asso~a~s, Inc. !July 9, 2~~ If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Not applicable If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Not applicable do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Not applicable 0110 Standard Rezone Application.doc W~ & A~o~!~. Inc. ITEM July 9, 20m 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 Not applicable Date of Contract If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Addr~s Not applicable parties, list all Date subject property, acquired [] leased F--I Term of lease . October 14, 1996; December 20, 1996; July 19, 2000; Auaust 21, 2000. yrs./mos. If, Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and date Should any changes of ownership or changes in contracts for purchase occur subsequent to thc 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. O110 Stmda~ Rezone Application.~c Wilkison & Assodal~, Inc. OCT 002 Page a Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineers certification or sealed survey may be Legal Description of Subject Property: Section 34 Twp. ,.~ 49S Lot (s) Block (s) ' Range 25E ~ Subdivision: Gordon River Homes 84 Property I.D. # 46570560005 The east 30' of Lot 21 and the west 45' of Lot 22, Plat Book Page # Metes & Bounds Description: plus the east 30' of Lot 16 and the west 45' of Lot 15, plus the west 30' of Lot 16 and Lot 21; all of Lots 17 and 20 and the east 20' of Lots 18 & 19. Size oforooerty: 270.71 ft. X 185 ft. Address/general location of subject orooerty: = Total Sq. Ft. 50,081 Acres 1.15 1300 Goodlette Road North, Naples, Florida 34102 Adiacent zoning and land use: ZONING LAND USE N *O and C-1 . Chiropractor's Office and Single Family Home SC-1 U.S. Post Office W RSF-4 E ,R1-7.5 * City of Naples 0110 ~ ll~zone Applicatio~doc Wilkisoe & A.mx~mm, Inc. SLn~e Family Home Single Family and Elementary SchOol A6rNO~_ ITDa OCT 2 2 2002 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 Twp. Range Lot (s) ~ Block (s) Subdivision: Plat Book Page # Property I.D. # Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the C-1 and RSF-4 zoning district (s) to the C-2 zoning district(s). Present Use of the Property: family homes(s). Temporary office space in previously occupied single Proposed Use (or range of uses) of the property: Professional (approximately 21,600 squ_ore feet of useable space) office space Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Sta.d_nrd Rezone Considerations (LDC Section 2. 7. 2. 5.) 2. The existing land use pattertt 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 plar~ Ol !0 Slandard Rezone Application. doc Wilkison & Asaociat~ lac. 0CT 2 2 2002 Page 6 ly 9, ~.1 ~2 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 Ye'hether the proposed change will create or excessively increase traj~ic congestion or create types of tra. l~?c 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. Ye'hether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. I0. 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. F/hether 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. YKhether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classificatior~ 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. IIJ, as amended Pa July 9,: 0110 Standard Rtzone Application. doc :7 )01 IT'EM OCT 2 2 2002 o 18. Such other facwrs, standards, or criteria that the board of county commissioners shall deem important in the protects'on of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many ~mmunities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the sub|eot prooerOt: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A 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 8~" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading; including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing i~tility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, \ An architectural rendering of any proposed structures. b. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 0110 SUmdavd Rezom ApplicationAoe Wilkison & As~o~_t~'~. l~. Whether or not an EIS is required; two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Depa' m~nt of Tram~rtafion Land Use Cover and Forms Classification System. Addit "' 2° t;T 2 2 2002 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.). cl. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; f. 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); g. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. OCT 2 2 2002 0110 Stsnchrd Rezone Applicaion. doc July 9, 2001 Wilk~m & Associafm, Inc. TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pm-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out)Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assi~o~ment: Wifl~in Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right~of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the wanspo-tation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element ('ICE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TlS shall address aH of the items listed above (for a Minor TXS, and shall also include an nnnlysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvement 6. Proposed Schedule (Phasing)of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: P~g¢ 10 0110 Standard Rezone Application.doc July 9, 2001 Wilidson & Assoeialm, hm The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (lID0 in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existin~ Traffic: Provide a map del~icting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. o Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, instimtionai, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 - & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Aha ,lysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). O110 St~dsrd Rezone Affliction. doe Willmoo & Associm~, Inc. Background Traffic: The effects of previously approved but undeveloped or ~artially developed projects, which may affect major thoroughfares within the RDI of the I ag¢ll J"'Y "2°q CI 2 2 2002 e 10. 11. project, shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting fi~m 'potential development shall be provided. Potential development is that which may be developed ma~ximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The meflxxiology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project arc mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/IUM 10/17/97 OCT 2 2 2002 0110 Standard Rezone Applicatiomdoc ' Wilkisou & Assneiat~ lne. Page 12 July 9, 2001 STATEMENT OF UTULIT-Y PROVISIONS FOR STAND~4 i~D REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Naples Sbane Alan Mclntosh 141 5t~ Sh--~ North STATE FL ~ 34102 1300 Goodlette Road ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): North. Navies, Florida 34102 4. LEGAL DESCRIPTION: Section_ 34 Twp. 49S Range 25E Lot (s) Block (s) Subdivision: Plat Book 2 Page # 84 Property I.D. # Metes & Bounds Description: Gordon River Homes 46570560005 The e_a~ 30' of Lot 21 and the west 45' of Lot 22, plus the, east 30' of Lot 16 and the west 45' of Lot 15, plus the west 30' of Lot 16 and Lot 21; all of Lots 17 _a.d 20 and the east 20' of Lots 18 & 19. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. cOUNTY UTILITY SYSTEM [-I b. CITY UTILITY SYSTEM a. FRANCHISED UTILITY SYSTEM PROVIDE NAME ct. PACKAGE TREATMENT PLANT (GPD capacity) o. SEPTIC SYSTEM e TYPE OF WATER SERVICE TO BE PROVIDED: &. cOUNTY UTILITY SYSTEM b. CITY UTIIATY SYSTEM ~. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE'SYSTEM(WELL) TOTAL POPULATION TO BE SERVED: Not av.i__!able. OCT 2 2 2002 /.-- .Iuly 9, 2001 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 12,950 C_nd. AVERAGE DAILY B. SEWER-PEAK 12,950 Gal. AVERAGE DAILY 3,240 C~. 3,240 Gal. 9. IF PROPOSING TO BE CONNECTED TO. COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Not applicable. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be pwvided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the consUuction of these facilities in accordance with all applicable County ordinances in effect at thc at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to thc County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving thc water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be pwvided. Utility provtdon Statement RaM 10/17/97 OCT .2 2 2002 rq~ 14 O110 Stmdmxl Rezone Applic~Jou.doc Will.on & Asfo~itt~ Inc. July 9, 2001 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and aH 1 X Par~aers if a Corporation 3. Completed Owner/Agent 3,ffidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site plans 15 X 6. Environmental Impact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shah be made payable to - X Collier County Board of Commissioners 14. Other Requirements - As thc authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand thai failure to include all necessary submittal information may result §ignature Date ~ c~ (_~ O110 Standard P.m~one Application.doc Will,son & Ass~iat~. Inc. Jul '~" 2 2 2002 r~ 9, 2001 AFF1DA FIT subject ~er of the proposed he~ing; t~t al~he a~ers to the ques~o~ in this applicaYo~ t~ing t~ d~clo~e of interest info~o~ all s~tches, ~ta, ~ ot~r s~pleme~ ~Her a~ac~d to a~ ~e a p~t of this applica~o~ ~e ~nest a~ ~e to t~ best of our ~owledge a~ belief ~e/I u~ersta~ t~t the informaaon requested on this applicaaon m~t be complete a~ ac~ate ~ t~t the content of this fo~ whether computer generated or Coun~ printed s~H ~t be altered Public hearings will not be a~erHsed u~'l this ~plica~on is deemed complete, a~ aH required informaaon ~ been ~bmined As proper~ ow~r ~e/I~ther authorize ~ ~ ~ ~' ~ ~ ~0 to act ~ our/my representaHve in a~ mailers reg~ding this PeHHon. Signature ~r P~ope['ty~w~er {/ Typed or Printed Name of Owner ~ture of~r~)~r Typed or Printed Name of Owner Theforegoingi~. trumentwasacknowledgedbeforemethis ti, gL dayof J~c~ ,2o~ by ~ll~f: ~ C~'llt-I~ ~r.. l ~ who is personally known to me o~ 'bm'produced ~ ~ b ~entificaQon. ~ X~ign afure of Notary Public- State of Florida) State of Florida County of Collier (Print, J~ype, or Stamp Commissioned Name of h OCT 2 2 2002 0110 Standard Rezone Appli~oa.do~ Fag~ lO Wilkison & ~ Ino. July 9, 2001 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: July 17,2001 PETITION NUMBER ASSOCIATED WITH THE WAIVER: RZ-01-AR-1204 (To Be Completed By Planning Services Staff) PROJECT NAME: McIntosh Professional Office Complex LOCATION: (Common Description) (See att_ached Legal Description) SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. This petition is associated with a petition to rezone the subject site from C-1 and RSF4 to C-2 in order to build 21,000 square feet of office uses on a site that was previously used as a residence and office. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, s. ta~.e relation, shi~p s.ucl1 option holder, contract purchaser, lessee, trustee, etc.): vincent A. Laurer~ Wilkison and Associates. OCT 2 2 2002 C. Name of owner(s) of property, if different than applicant: Not Applicable Mailing Address: Phone: ( ) FAX: ( ) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA Ao Legal description of subject property. Answer only 1 or 2, as applicable. '1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Gordon River Homes Plat Book 2 Page 84 Unit See Attaclunent Block See Attachment Lot See Attachment Section 34 Township 49S Range 25E .... Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. If not in platted subdivision, a complete legal descfifiption must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may descr~ the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions Area: 50,081 Width along roadway: Depth: 185.0' C. Present use of property: D. Present zoning classification: , square feet, or 270.71' 1.15 acres Commercial and Reside~ti~! C-1 and RSF-4 0110 W~iver of l-Iistofi¢ & Archeological Survey & Assessmentdoo Wilkison & AssodsWs, Inc. ITEM OCT 2 2 2002 Page 2 July 9, 2001 SECTION THRE~: WAIVER CRITERIA/WAIVER REOUEST go Bo Properties located within an area of Historical/Archaeological Probability with low potential for historicaVm'chaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for an Historical/Archaeological Survey and Assessment. The Community Development and Environmental Services Administrator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonsUate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Administratoror his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the CommRRity Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regaxling a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. Waiver Request Justification 1. Interpretation of Aerial Photograph: Existing residential homes with non-native vegetation 2. Historical Land Use Description: Residentio! homes of no historical value. 3. Land, cover, formation and vegetation description: growth vege~6on n~n~aining. The site has been cleared. No old This provision is to cover instances in which it is obvious that any archaeological or historic resouroes, wfiich may have existed, has been destroyed. Examples would b~ evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Commul~ity Development and Environmental Services Administrator may seek counsel of the Chairrr Histoi-ic/Archaeological Preservation Board when it is not completely evident that the site archaeological or historic value. O110 Waiver of Historic & ~lowc.~l Survey & Assessmentdoc Wilkison & Associal~ Inc. 2002 Historic/Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. SECTION FOUR: CERTIFICATION, The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inacc~ or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. Co All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size ($ ½" X 14) folder. Signature of Applicant or Agent' Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DMSION ** SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Adrrlnistrator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditions on: 3. Denied on: see attachment) (see attachment) 0110 Waiver of Historic & Archeological Sunmy & A$$czsmentdoc Wmmon & A~oci~e~ h~ OCT 22 2002 July 9, 2001 N ORDINANCE NO. 02-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9534N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHEAST CORNER OF GOODLETTE-FRANK ROAD (C.R. 851) AND 13TH AVENUE NORTH IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM C-1 AND RSF-4 TO C-2 LIMITED TO GENERAL OFFICE USES AND DEPOSITORY INSTITUTIONS; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering Consultants Inc., representing Shan¢ A. and Cynthia H. McIntosh, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The zoning classification of the real property as more particularly described by Exhibit 'A', attached hereto and incorporated by reference herein, and located in Section 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from C-1 and RSF-4 to C-2 and the Official Zoning Atlas Map numbered 9534N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: EXHIBIT 'B" SECTION TWO~ This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of ,2002. BOARD OF COUNTY COlVIMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN OCT 2 2 2002 AII'EST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Mmjori0M. Stu&r~t ' Assistant County Attorney FIB/Io/F>,Z4~c¢20O 1-FIZ-2001- ~c:~-I OCT 2 2 2002 The East 30 Feet of Lot 21, and The West 45 feet of Lot 22, Gordon River Homes, All Recorded In Plat Book 2, Page 84 Of The Public Records of Collier CoUnty, Florida. EXHIBIT "A" OCT 2 2 20O2 CONDITIONS OF APPROVAL (RZ-01-AR-1204) a) b) c) d) e) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. At the time of site development plan review, the petitioner shall provide a sidewalk easement for that portion of the sidewalk that encroaches onto the property. A sidewalk must be provided along 14th Avenue North at the time of site development plan review as approved by the Collier County Transportation Department. The final ingress/egress points shall be reviewed and approved by the Transportation Services Department at the time of site development plan review. The subject site abuts commercial uses on both sides, so the property is eligible for the highest intensity uses of the abutting commercial zoning district. Therefore, the permitted uses include those listed in the C-l-CMO Zoning District and only depository institutions (Groups 6011-6099) of the C-2 Zoning District. A six foot tall pre-fabricated concrete wall with external landscaping shall be constructed prior to the issuance of a building permit for the 3-story commercial building. EXHIBIT "B" OCT 2 2 2002 EXECUTIVE SUMMARY COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) AMENDMENTS AS A RESULT OF THE RURAL AND AGRICULTURAL ASSESSMENT FOR THE EASTERN (RURAL) LANDS PORTION OF THE ASSESSMENT AREA, INCLUDING SOME AMENDMENTS APPLICABLE TO THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, EXCEPT THE RURAL FRINGE PORTION OF THE ASSESSMENT AREA (ADOPTION HEARING). Time-Certain at l:.q0 p.m~ OB~IECTIVE: To have the Board of County Commissioners review for Adoption the attached GMP Amendments intended to address the requirements of the Final Order issued June 22, 1999, for the Eastern Lands portion of the Rural and Agricultural Assessment (Assessment), including some amendments applicable to the entire unincorporated area of Collier County, except the Rural Fringe portion of the Assessment area. CONSIDERATIONS: Background Final Order and Assessment Pursuant to the Final Order imposed by the State of Florida Administration Commission (Governor and Cabinet) on June 22, 1999, the State has mandated certain revisions to Collier County's Growth Management Plan (GMP). The Final Order directs the County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect the appropriate data, gather public input and to develop amendments to the GMP. Major issues to be addressed by the Assessment include: protecting wetlands, wildlife and their habitats; protecting prime or unique agricultural lands from the premature conversion to other uses; and, assessing the growth potential of the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All of this is to occur while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques. The Final Order acknowledges there must be a balance between meeting these regulatory requirements and protecting private property rights. The creative techniques may include, but are not limitec~ to, public and private schools, urban villages, new towns, satellite communities, area-based allocatioh~3, clustering and open space provisions, and mixed-use development. The Final Order allows the County to conduct the Assessment ~ phases. Accordingly, Collier County has divided the Assessment into two geographical areas - the Rtlral Fringe Area, and the Eastern Lands Area (also known as the "Immokalee Area Study" and the "Rural Lands Area"). The Final Order requires that the County adopt GMP Amendments developed as a result of the Assessment process by June 22, 2002, excluding the "Eastern Lands Area", for which adoption is required by November 1, 2002. As part of this process, Collier County established the Rural Fringc Area Oversight (RFAC) and the Eas[cr~ t.~tnd~ A:ca Ovcr~i~ht Con~miltce (ELAC) to address the planning for each respective area. The Final Order notes that public participation will be the "hallmark" of this planning effort. The primary mechanisms to involve and inform the public and solicit community input during OCT 2 2. 2002 the Assessment process have included: advertised meetings of the advisory committees; an interactive Rural Assessment web site containing all pertinent documents, meeting agendas and minutes; presentations to various BCC advisory committees and community, civic, and professional organizations; presentation to various stakeholder groups; and, several special public meetings and workshops. The ELAC, for example, held 33 advertised meetings over the past three years. Data Collection and Analysis Within the Eastern Lands Area, the County previously authorized a scope of services wherein WilsonMiller, as consultant to several large property owners in the area, collectively known as the Eastern Collier Property Owners (ECPO), was to collect and analyze data that would form the basis for the proposed amendments in the Eastern Lands Area. Accordingly, WilsonMiller provided a series of data sets addressing land use, land cover, wildlife and other resource information that were updated and field verified to establish a Geographical Information System-(GIS) data base that is current to November 2001. These data were used in the study to address the requirements of the Final Order, to guide the design of various planning alternatives (scenarios), and to assist in the formulation of Goals, Objectives and Policies (GOPs). That information was summarized in a document (entitled "Report and Recommendations of the Collier County Rural Lands Assessment Area Oversight Committee for the Immokalee Area Study, May 2000") that was included in the Transmittal hearing packets. The Eastern Lands portion of the Rural Assessment encompasses approximately 195,000+ acres, the vast majority supporting agricultural uses. Approximately 113,000 acres (58%) of the area is classified as Agriculture with infrastructure. Grazing leases account for another 63,600 acres (33%). Public lands account for approximately 13,000 acres (7%). Other uses such as residential, commercial, mining, etc. account for 3,600 acres (2%). Water accounts for 2,000 acres (1%). As to land cover classifications in the Study Area, wetland land cover comprises 74,586 acres (38% of the area's land cover), and includes 18,300 acres of permitted agricultural water retention areas; uplands comprise 20,578 acres (10%); agricultural land cover was mapped at 93,800 acres (48%); and. other land cover classifications account for 6,000 acres (3%). The major Public areas in the Study Area are the Corkscrew Marsh (Corkscrew Regional Ecosystem Watershed Lands) and the Okaloacoochee Slough State Forest; both are designated Conservation on the Future Land Use Map. Existing preservation lands account for about 7% of the Study Area. Privately held lands account for approximately 182,300 acres (93%). The Florida Panther National Wildlife Refuge and the Big Cypress National Preserve abut the southern boundary of the Study Area. The interim NRPAs (Natural Resource Protection Areas) comprise approximately 41,000 acres, or 21% of the Study Area. The Study has recommended the interim NRPAs be replaced by the delineation of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), and Water Retention Areas (WRAs), all described below. These areas now total almost 89,500 acres. Rural Lands Stewardship Area Overlay Strategy The primary basis for providing natural resource protection and addressing other Final Order requirements in the Study Area is the establishment of a Rural Lands Stewardship program through the creation of the Collier County Rural Lands Stewardship Area (RLSA) Overlay. This Overlay - consisting of policies, maps, tables and worksheets - will be incorporated into the Future Land Use Element (FLUE). An attachment to the EAC/CCPC Staff Report titled "Glossary" orovides useful information/definitions pertaining to the proposed Rural Lands Stewardship Area Over ay. ~iENO~, ITEM 2 0CT 27.. 2002 The Rural Lands Stewardship Program is incentive-based - it rewards property owners for voluntarily agreeing to protect important natural or agricultural features. For example, the program compensates owners for preserving environmentally sensitive land, open space and/or certain types of agricultural operations. Compensation to the property owner occurs through the awarding of "stewardship credits" which can then be used in "receiving" areas that will require the credits in order to be developed. Stewardship Credits (Credits) are created from any lands within the Overlay area that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas (SSAs). Credits are calculated using a specific methodology set forth in a Stewardship Credit Worksheet. Natural resource values of the land are measured by the Natural Resource Stewardship Index as specified on the Worksheet. Credits can be transferred only to lands within the Overlay area that meet defined suitability criteria. These lands are defined as Stewardship Receiving Areas (SRAs). SRAs are the target areas for a compact mixed use development pattern, rather than the traditional single-family 5-acre tract development that characterizes rural residential uses. SRAs have the least environmental sensitivity and must have a Natural Resource Index value of 1.2 or less to receive Credits. A minimum of eight (8) Credits must be expended to develop each acre of an SRA. An individual SRA must be at least 40 acres in size and meet various development criteria. Although there are 93,000-k acres of potential SRAs (private lands less FSAs and HSAs), it is estimated that the "8 credit requirement" will set aside approximately 16.800 acres, or 95~ of the Study Area, for clustered development. It is estimated that only 6,700 acres would be needed to meet the Study Area's population projections for the year 2025. Mapping areas of highest ecological value, using the best available data and analysis established in Stage One of the Immokalee Area Study, led to the mapping of wetland flowways and native habitat areas. Wetland flowways are mapped as Flowway Stewardship Areas (FSAs) and natural habitats are mapped as Habitat Stewardship Areas (HSAs). Within the Stewardship Overlay System, FSAs and HSAs are defined as Stewardship Sending Areas (SSAs), and are precluded from being Stewardship Receiving Areas (SRAs). Combined, FSAs and HSAs represent over one third of the Study Area. The Stewardship Overlay also has identified Water Retention Areas (WRAs), areas that are part of the permitted stormwater management system for agricultural operations, yet typically are considered wetlands and have an important ecological function. The proposed policies will allow WRAs, which comprise 18,300 acres, to be incorporated into SRAs. If they are incorporated into SRAs, then any modifications to the WRA must ensure that there will be no net loss of habitat functions. Of the approximately 74,600 acres of wetland land cover mapped in the Study Area, approximately 57,800 acres, or 77%, are located in FSAs, HSAs and WRAs. Exhibit B to the ORC Response document, within this Executive Summary packet, provides an acreage breakdown by native vegetation land cover and Stewardship classification. Minimum Regulatory Requirements The basic premise of the Stewardship Overlay Program is that the economic incentive for generating credits by preserving environmentally sensitive land, open space and/or certain types of agricultural operations, will discourage landowners from developing land within FSAs and HSAsl or~ conversely~ OCT 22 2002 will encourage landowners to transfer development rights out of FSAs and HSAs. Thus, the primary focus of the strategy is an incentive-based program designed to direct incompatible land uses away from wetlands and listed species habitats in addition to preventing the premature conversion of agricultural lands. However, not all landowners will choose to participate in the Stewardship Overlay Program. All of the Group 5 policies would apply to those properties thereby assuring minimum regulatory standards; these include site clearing and alteration limitations for FSAs, HSAs and WRAs. Lands within the Area of Critical State Concern (ACSC) - approximately 63,700 acres, or 33% of the Study Area - will still be subject to the ACSC regulations, e.g. 10% clearing standard. Additionally, the design of SRAs must demonstrate that ground water table draw-down will not adversely impact adjacent FSA, HRAs, WRAs or Conservation land. An attachment to the EAC/CCPC Staff Report titled "Protections in Place Where Stewardship Credit System Not Utilized" provides a useful summary of protection measures for non-participating properties. Allowable Land Uses Landowners not participating in the program will continue to be allowed the uses in the Agricultural/Rural designation, including residential density at 1 unit per 5 acres. However, as noted above, if located within an FSA, HSA, or WRA, certain site alteration limitations will apply (for non- agricultural uses). However, once a landowner has voluntarily designated property as a Stewardship Sending Area (SSA), by petitioning the Board of County Commissioners, the allowable land uses on that property become strictly defined. SSA designation is considered to be perpetual; in essence, it runs with the land and cannot be removed. Properties designated as Stewardship Receiving Areas (SRAs) are allowed higher residential density, and other types of land uses as well, depending upon the number and types of credits used and the size of the receiving property. Attachment C, Stewardship Receiving Area Characteristics, to the RLSA Overlay sets forth the allowable uses, intensities and densities. Densities within SRAs cannot be less than I unit per 2 acres (0.5 units per acre), and cannot exceed 4 units per acre - except when providing affordable housing or using the density and intensity blending provision. An individual SRA must be at least 40 acres m size. An SRA is established via a petition submitted by the property owner to the Board of County Commissioners; the location, size, and density of each SRA will be determined on a case-by-case basis. This petition must include a master plan that demonstrates the SRA: complies with applicable policies of the Overlay; is designed to direct incompatible land uses away from wetlands and critical habitat areas; and, is designed to discourage urban sprawl. The SRA master plan must also identify the mixture of uses to be provided, which, in addition to residential uses, must include necessary support services and facilities. The uses allowed vary depending upon the size of the SRA, but include: residential, commercial, light industrial, schools, parks, recreational facilities, churches, civic and governmental, libraries, and essential services. The form of development for SRAs - which are to be compact and contain a mixture of uses (or be proximate to) - include towns, villages, hamlets, and compact rural developments. ORC Report and Response On June 12, 2002, the BCC approved the Eastern Lands GMP amendments for Transmittal to the Florida Department of Community Affairs (DCA). On September 16, 2002, DCA issued their Objections, Recommendations and Comments (ORC) Report based upon their review of the Transmitted GMP amendments for compliance with Florida Statutes. "Objections" w_hich are. no! 4 OCT 29_ 2002 addressed (by revising the proposed amendments, providing additional data and analysis, or both) may result in a determination of non-compliance. "Comments" are advisory in nature and will not form the bases for a determination of non-compliance. "Recommendations" offer one or more ways to address an objection or comment. Within this Executive Summary packet is an "ORC Response" document containing the various objections, recommendations and comments from DCA, each followed by a response and analysis. The entire ORC Report from DCA is also included within this Executive Summary packet. Many revisions have been made to the RLSA Overlay in response to the ORC Report. These are shown in strike through/underline format so as to easily identify changes made since the BCC Transmittal. Generally, they consist of increased environmental protection measures, both for properties where the Stewardship Credit System is utilized and for those where it is not; and, greater detail about the forms of development allowed (towns, villages, hamlets, compact rural developments). NOTE: Due to the volume of materials involved, including some documents in color and/or over-sized, thus not suitable for reproduction in the full BCC agenda packet, some materials are not included in this Executive Summary packet. Instead, a complete packet (notebook) will be provided to each Commissioner in advance of the October 22 hearing. Additional Changes The Rural Fringe amendments were adopted on June 19, 2002, and included some policies and provisions with countywide applicability (less the Eastern Lands area). However, those amendments have not become effective due to the two challenges filed to DCA's determination that those amendments are "in compliance" with Florida Statutes. Rather than await the outcome of those challenges, staff recommends the re-adoption of those amendments with countywide applicability, less those for the Rural Fringe area. Accordingly, the attached GMP Adoption amendments apply to the Eastern Lands portion of the Assessment Area, and include the re-adoption of some amendments that are applicable to the entire unincorporated area. less the Rural Fringe portion of the Assessment area. The amendments proposed to be re-adopted primarily pertain to the protection of vegetative communities, including wetlands, and listed species and their habitats. Also, as a result of this Overlay, related amendments are needed to the Conservation and Coastal Management Element, other portions of the FLUE, the Immokalee Area Master Plan Element, and the Potable Water and Sanitary Sewer Sub-Elements of the Public Facilities Element. Staff Conclusions It is believed that the adoption and implementation of the Rural Lands Stewardship Area Overlay will not result in an increase to the total number of allowable dwelling units or population in the Eastern Lands area, but rather result in a re-allocation of the density and population allowed under the pre- Final Order conditions from a land-consuming checkerboard pattern into compact, mixed-use developments. The potential exists for an increased amount of commercial development - and other non-residential development in the allowed compact, mixed-use developments - beyond that presently permitted in the Agricultural/Rural designation; however, under the 1 DU/5A scenario, as development/population increased the demand for support services would increase and inevitably result in GMP amendment requests to provide for those support services. Staff recognizes that the proposed Stewardship Credit Program is an innovative 5 and incentive-based 2O02 approach for protection of agricultural land and natural resources in the Eastern Lands Area. The Program is designed to provide landowners incentives to direct incompatible land uses away from wetlands, listed species and their habitats, but also contains minimum standards for protecting the area's natural resources. In staff's opinion, adoption of the RLSA Overlay, and its subsequent implementation, should result in a more efficient development pattern that helps to better protect natural resources and important agriculture. FISCAL IMPACT: Implementation of these GMP amendments will require a significant number of Land Development Code revisions. Development of these revisions may require consulting services in addition to staff time. In addition, there will be future operational impacts that will likely necessitate additional staff resources, particularly in the area of ~nvironmental review. GROWTH MANAGEMENT IMPACT: These amendments are necessitated by Final Order No. AC-99-002 issued June 22, 1999. EAC and CCPC R~commendations The EAC will meet to consider these amendments on October 16, 2002; the CCPC hearing will be held on October 17, 2002. Their recommendations will be presented at the BCC hearing. STAFF RECOMMENDATION: That the Board Adopt the attached GMP Amendments and transmit them to the Florida Department of Community Affairs. PREPARED BY: David Weeks, AICP, Chief Planner Comprehensive Planning Section Date ~Sta9 Litsinger, AI~P ~~ng~~ Margaret V~u}erstle, AICP Planning Sei%ices Director C~" y ' p ' ' ' Services Division BCC ExSum E. Lands Adoption G, Comp, David, Eastern Lands GMPAs 6 /0 Date Date ITEM OCT 27_ 2002 JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" STEVEN M. SEIBERT Secretary September 16, 2002 The Honorable Jim Coletta Chairman, Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: The Department has completed the review of the proposed amendments for the Collier County Rural Lands Stewardship Overlay Area (DCA No. 02-R2), which was received on July 5, 2002. Based on Chapter 163, Florida Statutes (F.S)., we have prepared the attached report which outlines our findings concerning the amendment, and our report is enclosed. These amendments represent Phase Two of the Rural Lands Assessment ordered by the Governor and Cabinet in 1999. Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. We have also included a copy of local, regional and state agency comments for your consideration. For your assistance, our report outlines procedures for final adoption and transmittal. The rural lands stewardship program is a milestone in the development of alternative strategies for the preservation of Florida's heritage. Clearly, an appreciable amount of thought and creative energy went into the development of this program. As the report accompanying the submittal package makes clear, the results are attributable to the work of the consultant, staff, appointed and elected officials, the Oversight Committee, and the public. As with the Rural Fringe amendment process, Collier County has made public participation a hallmark throughout this effort. The area of Collier County covered by the Stewardship Overlay has a stron, g and resilient agricultural base, which plays an important role in Florida's economy. At the same time, it contains some of the most sensitive environmental lands in the state and is home to many significant species of wildlife, including the Florida Panther, an endangered species unique to Florida. This program seeks to promote the protection of both of these important resources through a voluntary, incentive based system. It has multiple objectives: protection of prime agricultural lands, discouraging urban sprawl, protection of private property rights, and preservation of critical wildlife habitat. The Stewardship Overlay approach is proba .,,/one of 2555 SHUMARD OAK BOULEVARD · TALLAHA55EE, FLORIDA 32399-2100 Phane: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncorn 291,0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OF~CE COMMUNI1Y PI.~NNING EMEI1GENCY MANAGEMENT HOUSING & COlg 2796 Overseas H~hway, Suite 212 25.55 ShurnarO O~k Boulevard 2555 Shumard O~k Boulevard 2555 Shumord O Marathon, FL 33050-2227 Tallahassee, FL'32399-2100 Tallahossee, FL 32399-2100 Tallal~assee, FL 32 (305) 289-24[]2 0150) 488-2356 (850) 413-9969 (850) 485-7956 CCT 2 2 2002 INIT~ DEV~LOPIV~ Bouievard I I 9-210~.,~.. ~J JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to ca//home" The Honorable Jim Coletta September 16, 2002 Page Two STEVEN M. SEIBERT Secretary the few planning strategies that could manage to balance these competing aims. We are impressed with the program that has resulted. At the same time, we believe additional improvements are necessary. To ensure the Collier Rural Stewardship program works as intended, the Department recommends that the criteria specifying the mixed use form of development and the location of the towns, villages, and hamlets be more sharply defined. We also recommend that the protections for the Habitat Stewardship Areas be strengthened. These, as well as related recommendations, are discussed in more detail in the enclosed Objections, Recommendations, and Comments Report. As the Report should make clear, these objections and comments are not directed to the Stewardship concept itself, but rather to the lack of sufficient guidance for development once the Stewardship program is implemented. While we are aware the goal has been to make the Stewardship Overlay program as voluntary and incentive based as possible, we do not believe the recommended changes fundamentally thwart that goal. Rather, the Stewardship Overlay program already has a certain level of minimum requirements contained within it; we are recommending those criteria be expanded and a richer mix of incentives and regulatory control be included. We believe our recommendations will help to assure the system works and achieves its intended purpose. The Department is committed to working closely with Collier County in responding to our Report. We will continue our collaborative efforts to ensure the final product is one that can be recommended to the Governor and Cabinet with confidence. Please feel free to call either me at 850-487-4545 or Mike McDaniel at 850-922-1806 if you have any questions. Sincerely, H. E. "Sonny" Timmerman Director, Division of Community Planning 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488,8466/Suncom 278.8466 FAX: 850.921.0781/Suncorn 291.0781 Internet address: http://www.dca.state.fl.us CRITlCAL STATE CONCERN FIELD OFFIC~ COMMU~iI'Y PI.ANNING EMERGENCY MANAGEMENT HOUSING & COMt~ 2796 Overseas Highway, Suite 212 2555 Shumal'cl Oak Boglevarci 2555 Shurnard Oak Boulevard 2555 Shurnord Oc Marathon, FL 33050-2227 Tallahassee, FL-32399-2100 Tallaha,s,see. FL 32399-2100 Tallahassee, FL 323 (305) 289-2402 (850) 488-2356 (850) 413-9959 ('850') 488-7956 OCT 2 2 2002 HET/bp Enclosures: Review Agency Comments CC: Mr. David Burr, Acting Director, Southwest Florida Regional Planning Council Mr. David Weeks, Collier County Planning Department Mr. Stan Litsinger, Collier County Planning Department Ms. Nancy Linnan, Esquire, Carlton Fields Mr. Alan Reynolds, Wilson Miller, Inc. Mr. Bob Mulhere, 2002 TRANSMITTAL PROCEDURES Upon receipt of this letter, Collier County has 60 days in which to adopt, adopt with changes, or determine not to adopt the proposed comprehensive plan amendment. The process for adoption of local comprehensive plan is outlined in Section 163.3184, F.S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, County must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the plan, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted plan directly to the Executive Director of the Southwest Florida Regional Planning Council. Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted amendment. As discussed in our letter sent to you on May 25, 2001, outlining the changes to Section 163.3184(8)(b), F.S., which were effective July 1, 2001, and providing a model sign-in information sheet, please provide these required names and addresses to the Department when you transmit your adopted plan for compliance review. For efficiency, we encourage that the information sheet be provided in electronic format. OCT 2 2 2002 DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT 02-R2 September 16, 2002 Division of Community Planning Bureau of Local Planning This report is prepared pursuant to Rule 9J- 11.010, F.A.C. 2002 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of Collier County's proposed Comprehensive Plan amendment, pursuant to Section 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. The objections include a recommendation of an approach that~might be taken to address the cited objection. Other approaches may be more suitable in s~ecific situations. Some of these objections may have initially been raised by one of the othe¥ external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's object!t)n would take precedence. The County should address each of these objections when the plan is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the . amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the County considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. The~e comments are advisory to the Department and may not form bases of Departmental objecti..~ns unless they appear under the "Objections" heading in this report. OCT 2 2 2002 Department of Community Affairs' Objections, Recommendations, and Comments Report for Collier County Comprehensive Plan Amendment 02-R2 The current proposal consists of numerous amendments to the text and map series of the Collier County Comprehensive Plan, about which the Department offers the objections, recommendations, and comments noted below COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA Introduction In 1999, the Governor and Cabinet issued a Final Order in the case styled Department of Community Affairs v. Collier County. This Order directed the County to undertake an assessment of its rural lands, and to adopt in its Comprehensive Plan provisions to protect agriculture, direct incompatible uses away from wetlands and upland habitat, and appropriately direct and manage the potential conversion of rural lands to other uses in a manner which combats urban sprawl. As expressly contemplated in 1999, the County has undertaken a phased approach to implement these Final Order requirements. The amendment here under review proposes to establish the "Collier County Rural Lands Stewardship Area" as the final phase in this implementation. General Comments and Recommendation The County is commended for its extraordinary efforts in crafting the Stewardship program. This program generally does an excellent job in identifying the precious natural resource areas in eastern Collier County and providing a manner in which landowners are encouraged to voluntarily surrender their development rights on this property in exchange for the ability to develop elsewhere in the rural area of the County. This concept is excellent and provides a firm foundation for the future of rural Collier County.' At this point in the process, the Department is to review the amendment, identify in this Report any issues with the text and map amendments, and suggest adjustments which will address those issues. Collier County will review the Report, alter the amendment to the extent deemed necessary in response to the Report, and then adopt the amendment and send it to the Department for final compliance review. The County may also send the Department additional data and analysis with the adopted amendment if relevant to identified issues. The Department is then charged with reviewing the adopted amendment and determining whether it is in compliance with the State's growth management laws. The Department has identified in this Report several objections and comments to the amendment package. As this Report should make clear, these objections and comments are not directed to the Stewardship concept itself, but rather to the lack of sufficient guidance for development once the Stewardship program is implemented. The amendment package does not contain specific policies to direct the form of development in the Stewardship Receiving Areas in a manner that will discourage urban sprawl, does not adequately guide the location of potential development in the potential Receiving Areas, and contains other vague policies for the implementation of the program. The solution to these issues is rather simple. The County should include within the adopted amendment policies to guide the form and location of development in the rural lands, a plan for the infrastructure necessary to serve this development, and clarifications to the vague policies cited below. Such specificity is necessary because of the manner in which the amendments are crafted. The County is requesting that the Stewardship program be self- executing, and not require further map amendments to allow development on portions of the 110,000 acres that are eligible to be Stewardship Receiving Areas. For this endeavor to pass muster under State law, further refinements are necessary. Department staff is prepared to work with the County to reach this goal. Objections. Recommendations and Comments The Department has the following objections, recommendations, and comments for the proposed Collier County Rural Lands Stewardship Area Growth Management Plan Goals, Objectives, and Policies relative to the requirements of Chapters 163 and 187, Florida Statutes, and Rule 9J-5, Florida Administrative Code. 1. FORM OF DEVELOPMENT IN STEWARDSHIP RECEIVING AREAS The CounO' shall "prevent the premature conversio~ of agricultural lands to other uses" and "[a]ssess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl." Final Order at 5. The proposed amendment does not include specific guidelines and criteria to ensure that development in the Stewardship Receiving Areas will discourage urban sprawl and prevent the premature conversion of agricultural land. Because development under the Stewardship program will proceed without future land use map amendments - the time at which questions regarding urban sprawl, infrastructure availability, and the premature conversion of agricultural land are usually answered - including these policies within the Collier County Comprehensive Plan is necessary to achieve compliance with State law. Examples of the lack of specificity are set forth below. Policy 4.5 states that a master plan will be created for each Stewardship Receiving Area (SRA) and will be designed "to discourage urban sprawl as it is defined in Florida planning law." However, neither Policy 4.5 nor any other )rovision in the OCT 2 2 2002 Stewardship program contains any specifics as to the manner in which urban sprawl will be discouraged. The mention of "Florida planning law" does not incorporate by reference some set of policies that could be relied upon to address the potential of urban sprawl. Policy 4.6 allows Towns, Villages and Hamlets, as well as commercial uses in the SRAs. This Policy does not establish the guidelines and criteria for these development forms, and does not address urban sprawl. The Policy instead refers to Attachment C, a table which does not include certain essential standards (e.g., the composition of land uses), is merely illustrative, and is not to be adopted as part of the comprehensive plan. Policy 4.6 also leaves development patterns open to unspecified alternatives. While listing Towns, Villages, and Hamlets as allowable, the Policy 4.6 provides that development "is not limited to" these forms, and that "these policies shall not preclude the use of other forms not specified herein." Policy 4.18 is similarly open-ended in its listing of allowable land uses. Additionally, Policy 4.15 notes ' that some of the uses needed within the Stewardship Receiving Area may be located some distance away in the Town of Immokalee. Policy 4.7 establishes a cap of 4 dwelling units per acre which may limit the construction of multifamily and high density housing. Such housing could discourage urban sprawl, and enhance the supply of affordable housing in Collier County. The twenty acre minimum size requirement for a Stewardship Receiving Area, when coupled with an allowable minimum density of one unit per two acres, will not discourage urban sprawl or ensure a functional mixed-use center, especially since no limitation has been placed on the number of these Receiving Areas. The Stewardship Receiving Areas appear to be mixed use categories, yet the amendment does not establish a percentage mix of uses or other objective measure. The Stewardship Receiving Areas allow non-residential uses, but do not establish intensity standards for these uses. Sections 163.3177(6)(a) & (d); (9)(f) and (g), Florida Statutes (FS); Rules 9J-5.003(90); 9J-5.005(6); 9J-5.006(3)(b); (3)(c)1., 5., 6., & 7., (4)(c) and (5)(a)-(g), Florida Administrative Code (FAC). Recommendation: Revise the relevant policies to provide adequate guidelines, standards and criteria within the comprehensive plan that will clearly define the form of the Towns, Villages AGENDA iT'-1~4 OCT 2 2 002 and Hamlets to ensure a cohesive, balanced development that will produce a viable community. The guidelines should clearly define residential density, the minimum acreage of each type of community, the intensity of the non-residential uses, the pementage or other measure of the mix of uses allowed, as well as other relevant guidelines in a predictable and meaningful manner that will ensure a compact development and demonstrate the County's ability to control urban sprawl. The proportion of mix and intensity standards may be established in the form of a range based on data and analysis in order to allow flexibility. The clustering of allowable uses in rural Collier County, which is not allowable under the existing comprehensive plan, should be mandated as a component of the development forms. Alternatively, revise the policies to require a comprehensive plan amendment whenever a new town, village or hamlet is proposed, and at that time provide the relevant information to support the amendment. 2. LOCATION OF THE RECEMNG AREAS The County shall "[d]irect incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats." Final Order at 5. According to Policy 4.9, Stewardship Receiving Areas shall be sited only on lands that receive a Natural Resource Stewardship Index value of 1.2 or less. However, no justification have been provided regarding the choice of an index value of 1.2 or less as the cut off point for the location of SRAs. Some of the areas designated as Stewardship Receiving Areas include the Big Cypress Area of Critical State Concern (ACSC). Considering the environmental sensitivity and statutory recognition of the ACSC, it is inappropriate to designate these areas for the location of Towns, Villages, or Hamlets. In addition, the area to the immediate northwest of Oilwell Road and State Road 29 contains a large number of water retention areas. According to panther telemetry, this area is a corridor for panther movement and other wildlife, and therefore should not be included as a Stewardship Receiving Area. Sections 163.3177(6)(a) & (d), (9)(f) & (g), FS; Rule 9J-5.006(3)(b)l., (3)(c)1., and 6., FAC. Recommendation: Provide data and analysis justifying the choice and suitability of areas that score 1.2 or less on the Natural Resources Index Score for the location of Stewardship Receiving Areas, so as to enable the determination of the County's effort to direct incompatible land uses away from environmentally sensitive natural resources. Revise the policies and the relevant maps to remove the ACSC and the area.in the vicinity of Oilwell Road and State Road 29 from the Stewardship Receiving Area. 4 OCT 2 2 2OO2 LACK OF INFRASTRUCTURE PLANNING The County shall "provide for the cost-efficient delivery of public facilities and services." Final Order at 5. The proposed amendment is not supported by an analysis of the public facilities that will be needed to support development within the Stewardship Receiving Areas, nor does it demonstrate that the facility capacity exist for the maximum level of development proposed. These facilities include potable water, central sewer, and roads. The level of development discussed in the amendment and its supporting data and analysis lead to the conclusion, though not stated in the amendment, that central services will be utilized. However, the Collier County Comprehensive Plan prohibits the provision of central services outside of identified service areas, which are currently limited to the urban area and the rural fringe. Additionally, recreational uses including golf courses are allowed in Towns, Villages and Hamlets, with no numerical limitation. According to the South Florida Water Management District (see comment attached), in the Southwest region, recreational water use outstrips the residential water supply needs. The potential water consumption by these uses has not been addressed. Sections 163.3177(6)(b), (c), & (e); (8) and (9)(f) and (g), FS; Rule 9J-5.005(2)(a)-(c) & (e)l.; 9Jo5.006(3)(c)3.; 9J-5.01 l(1)(a)-(e), (2)(b)l., - 3., (2)(c)1.; 9J-5.019(4)(b)2., FAC. Recommendation: Revise the amendment to include an analysis of the infrastructure demand (i.e., impact on potable water, sewer, and roads) created by the amendment based on the maximum development allowed and the adopted level of service standards. The analysis should show the possible amount of water to be consumed by the golf courses and the overall impact of the amendment on the regional water supply, indicating if there is a surplus or deficit. 4. INCOMPATIBLE USES IN HABITAT STEWARDSHIP AREAS The County shall "[d]irect incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats." Final Order at 5. A key component of the Rural Lands Stewardship Program is the segregation of land based on environmental sensitivity and suitability into sending areas and receiving areas. Habitat Stewardship Areas are identified as sending lands based on their relatively high environmental and habitat values. In the report accompanying the proposed amendments it is stated that "the Habitat Stewardship Areas were defined primarily by spatial patterns of land cover/land use as 5 OCT 2 2 2002 reflected by FLUUCS maps, Florida panther radiotelemetry data points, and other listed species occurrence points. The goal was to create extensive, inclusive, contiguous areas of the landscape that are dominated by natural cover, which would not only provide important habitat functions for listed species but would also allow wildlife movement across the landscape. In some areas, significant areas of active agricultural lands were included ..... "Policy 3.6 proposes to allow golf courses, general conditional uses, mining and processing in all parts of the Habitat Stewardship Areas. These uses are not consistent with the protection of listed animal and plant species and their habitats within all portions of the Habitat Stewardship Areas. In addition, Policy 3.6 allow~ thirty percent cleating of native vegetation while Policy 5.3 allows twenty percent of site clearin~ in the Habitat Stewardship Areas. Any land clearing in excess of 10 percent of native vegetation is too high for a habitat area and is inconsistent with the purpose of protecting critical habitat areas. Sections 163.3177(6)(a), & (d), FS.; Rule 9J-5.006(3)1., & (3)(c)1., - 6.; 9J-5.013(2)(b)3., & 4.; (2)(c)3., 5., & 6., FAC. Recommendation: Revise the amendment to ensure that residential uses, golf courses, earth and rock mining, and conditional uses are etinfinated from Habitat Stewardship Areas that contain native habitat or serve as functioning wildlife habitat and habitat corridors, and concentrate them instead in the Stewardship Receiving Areas in order to ensure that incompatible uses are directed away from critical habitat areas. 5. DATA AND ANALYSIS "All elements of the comprehensive plan, whether mandatory or optional, shall be based upon data appropriate to the element involved." Section 163.3177(8), Florida Statutes. The amendment is not supported by adequate and relevant data and analysis demonstrating the basis for the values assigned to the various natural feature?onsidered[ in the Stewardship Index. Water Retention Areas, which for practical and permitting reasons are likely never to be developed, are given a factor of 0.6. Es~pecially considering that WRAs can be included within SRAs, their value as habitat areas could be significantly compromised. Habitat Stewardship Areas are also assigned a natural resource index value of .6. This assignment of values does not recognize the importance of the HSAs as discussed in the data and analysis and fails to encourage the transfer of Stewardship Credits from HSAs as opposed to transferring them from WRAs. No justification is provided regarding why conditional use should be the next to be eliminated following residential use instead of recreational use. Conditional 6 OCT 2 2 2002 use has a lesser impact on resources than recreational use. Sections 163.3177(6)(a), (d) & (8); Rule 9J-5.002(90); 9J-5.005(2)(a)-(c), & (e)l.; 9J- 5.006(3)(c) 1., FAC. Recommendation: Since it is from the HSAs that Stewardship credits should first be transferred, it should be assigned a higher index factor than the Water Retention Areas. The layers of uses to be eliminated should be revised to establish recreational uses as the next layer to be eliminated after residential use. 6. VAGUENESS "Goals, objectives and policies shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations." Rule 9J-5.005(6), Florida Administrative Code. Policies 1.21 does not provide meaningful guidance regarding the early bonus credit that will be offered in order to jumpstart the program. Policy 3.11 allows additional credits to be awarded for restoration "on a case-by-case basis," but provides not standards for this bonus in the comprehensive plan. Density Blending: Policy 4.7 states that "the individual SRA shall include not less than twenty acres and achieve gross residential density of not less than one unit per two acres and not more than four units per acre, unless increased through density blending process." This proposal makes the identification of development within the Stewardship Receiving Area undefined and unpredictable. Furthermore, the provision is not supported with adequate data and analysis justifying the need for density blending in the Rural Stewardship area and demonstrating that it will result in directing more intense development away from environmentally sensitive lands within the Stewardship area. Sections 163.3177(6)(a), (c), (d), (9)(f), (g), Rule 9J-5.002(90), 9J-5.005(2), & (6), 9J- 5.006(3)(b)10., (3)(c)1., & (3)(c)7., FAC. Recommendation: Revise the policies to clearly establish the formula for deriving the amount of credits to be earned from a sending land. In addition, revise Policies 1.21 and 3.11 to establish meaningful guidelines regarding the amount of bonus credits to be awarded at the start of the program, and to promote restoration. In addition, density blending should be disallowed in the Stewardship area because it is unnecessary since the Stewardship area has been mapped and appropriate uses directed to the areas that are more suitable for development. OCT 2 2 2002 7. Lack of Wetland Policies for Eastern Lands: Objective 6.2 of the Conservation and Coastal Management Element, as modified by the Rural Fringe Amendments, states that the wetland policies included under that objective do not apply to the Eastern Lands Study Area "for which pohcies are required to be adopted by November 1, 2002." While the Stewardship Overlay approach identifies the large connected wetland systems of the Okaloacoochee Slough and Camp Keis Strand, and disallows residential, earth mining and conditional uses within these areas, the balance of the Eastern Lands are not covered by any wetland policies of the comprehensive plan. According to the data and analysis, of the 74,900 wetland acres included in the Eastern Lands area, 83% are included in the FSAs, HSAs, and WP, As, leaving 12,733 wetland acres not protected by any comprehensive plan policies. Even within the HSAs, these wetlands are vulnerable to development since golf courses and mining are allowed. Sections 163.3177(6)(a) & (d); (9)(f) and (g), FS; Rules 9J-5.003(90); 9J-5.005(6); 9J- 5.006(3)(b); (3)(c)1., 6., & 7., 9J-5.013(2)(c)6., (3)(a) & (b)., FAC. Recommendation: Revise the amendment to include guidelines and criteria that will apply to all wetlands in the Eastern Lands Area consistent with the requirements of Rule 9J-5 FAC. Comments: The proposed objective for the Eastern Lands amendment simply describes the group of policies pertaining various subject matters covered by the amendment, and does not state the specific and measurable endpoint, such as the extent of the natural resource protection, to be achieved during the planning timeframe. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendments are not consistent with the State Comprehensive plan including the following goals and policies (163.3177(9):) Water Resources Goal (8)(a) and Policy (b)8., regarding the preservation of wetlands and other hydrological features; Natural systems and Recreational Lands Goal (10)(a) and Policies (b)1., 3., & 7., regarding the protection of wetlands and wildlife; Land Use Goal (16)(a) and Policies(b)2., 3., & 6., regarding the regulation of land uses; Public Facilities Goal (18)(a) and Policies (b)1., & 2.; regarding the provision of public facilities; AC, E~A rr~.M OCT 2 2 2002 ..... Recommendation,: Revise the proposed amendments as indicated in the objections and recommendations of this report in order to be consistent with the above goals and policies of the State Comprehensive Plan. 9 OCT 2 2 2002 CCPC Item 7.I. Memorandum TO: FROM: DATE: RE: ENVIRONMENTAL ADVISORY COUNCIL and COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION October 11, 2002 COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) AMENDMENTS AS A RESULT OF THE RURAL AND AGRICULTURAL ASSESSMENT FOR THE EASTERN (RURAL) LANDS PORTION OF THE ASSESSMENT AREA, INCLUDING SOME AMENDMENTS APPLICABLE TO THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, EXCEPT THE RURAL FRINGE PORTION OF THE ASSESSMENT AREA (Adoption Hearings - October 16 EAC, and October 17 CCPC) I. Background Final Order and Assessment Pursuant to the Final Order imposed by the State of Florida Administration Commission (Governor and Cabinet) on June 22, 1999, the State has mandated certain revisions to Collier County's Growth Management Plan (GMP). The Final Order directs the County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect the appropriate data, gather public input and to develop amendments to the GMP. Major issues to be addressed by the Assessment include: protecting wetlands, wildlife and their habitats; protecting prime or unique agricultural lands from the premature conversion to other uses; and, assessing the growth potential of the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All of this is to occur while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques. The Final Order acknowledges there must be a balance between meeting these regulatory requirements and protectimg private property rights. The creative techniques may include, but are not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development.. The Final Order allows the County to conduct the Assessment in phases. Accordingly, Collier County has divided the Assessment into two geographical areas - the Rural Fringe Area, and the Eastern Lands OCT 2 2 ZOO2 CCPC Item 7.I. Area (also known as the "Immokalee Area Study" and the "Rural Lands Area"). The Final Order requires that the County adopt GMP Amendments developed as a result of the Assessment process by June 22, 2002, excluding the "Eastern Lands Area", for which adoption is required by November 1, 2002. As part of this process, Collier County established the Rural Fringe Area Oversight Committee (RFAC) and the Eastern Lands Area Oversight Committe~e (ELAC) to address the planning for each respective area. The Final Order notes that public participation will be the "hallmark" of this planning effort. The primary mechanisms to involve and inform the public and solicit community input during the Assessment process have included: advertised meetings of the advisory committees; an interactive Rural Assessment web site containing all pertinent documents, meeting agendas and minutes; presentations to various BCC advisory committees and community, civic, and professional organizations; presentation to various stakeholder groups; and, several special public meetings and workshops. The ELAC, for example, held 33 advertised meetings over the past three years. Data Collection and Analysis, Within the Eastern Lands Area, the County previously authorized a scope of services wherein WilsonMiller, as consultant to several large property owners in the area, collectively known as the Eastern Collier Property Owners (ECPO), was to collect and analyze data that would form the bas~s for the proposed amendments in the Eastern Lands Area. Accordingly, WilsonMiller provided a series of data sets addressing land use, land cover, wildlife and other resource information that were updated and field verified to establish a Geographical Information System (GIS) data base that is current to November 2001. These data were used in the study to address the requirements of the Final Order, to guide the design of various planning alternatives (scenarios), and to assist in the formulation of Goals, Objectives and Policies (GOPs). That information was summarized in a document (entitled "Report and Recommendations of the Collier Count. Rural Lands Assessment Area Oversight Committee for the Immokalee Area Study, May 2000") that was included in the Transmittal hearing packets. The Eastern Lands portion of the Rural Assessment encompasses approximately 195,000+ acres, the vast majority supporting agricultural uses. Approximately 113,000 acres (58%) of the area is classified as Agriculture with infrastructure. Grazing leases account for another 63,600 acres (33%). Public lands account for approximately 13,000 acres (7%). Other uses such as residential, commercial, mining, etc. account for 3,600 acres (2%). Water accounts for 2,000 acres (1%). As to land cover classifications in the Study Area, wetland land cover comprises 74,586 acres (38% of the area's land cover), and includes 18,300 acres of permitted agricultural water retention areas; uplands comprise 20,578 acres (10%); agricultural land cover was mapped at 93,800 acres (48%); and, other land cover classifications account for 6,000 acres (3%). The major Public areas in the Study Area are the Corkscrew Marsh (Corkscrew Regional Ecosystem Watershed Lands) and the Okaloacoochee Slough State Forest; both are designated Conservation on the Future Land Use Map. Existing preservation lands account for about 7% of the Study Area. Privately held lands account for approximately 182,300 acres (93%). The Florida Panther National Wildlife Refuge and the Big Cypress National Preserve abut the southern boundary of the Study Area. The interim NRPAs (Natural Resource Protection Areas) comprise approximately ~ .nar, ....... ',, % 2 OCT 2 2 2002 CCPC Item 7.I. of the Study Area. An objective of the Assessment is to evaluate the interim NRPAs as suitable natural resource protection mechanisms for the Study Area. The interim NRPAs and Special Study Areas approved by the BCC in November 1999 were evaluated in the Immokalee Area Study. As further described, the Study has recommended the interim NRPAs be replaced by the delineation of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), and Water Retention Areas (WRAs). These areas now total almost 89,500 acres. Rural Lands Stewardship Area Overlay Strateg'/ The primary basis for providing natural resource protection and addressing other Final Order requirements in the Study Area is the establishment of a Rural Lands Stewardship program through the creation of the Collier County Rural Lands Stewardship Area (RLSA) Overlay. This Overlay - consisting of policies, maps, tables and worksheets - will be incorporated into the Future Land Use Element (FLUE). Please note the Natural Resource Index Map contained in the Adoption notebook is a single map; the adoption will actually consist of a map series so as to provide greater detail. (An attachment to this Staff Report titled "Glossary" provides useful information/definitions pertaining to the proposed Rural Lands Stewardship Area Overlay.) The Rural Lands Stewardship Program is incentive-based - it rewards property owners for voluntarily agreeing to protect important natural or agricultural features. For example, the program compensates owners for preserving environmentally sensitive land, open space and/or certain types of agricultural operations. Compensation to the property owner occurs through the awarding of "stewardship credits" which can then be used in "receiving" areas that will require the credits in order to be developed. Stewardship Credits (Credits) are created from any lands within the Overlay area that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas (SSAs). Credits are calculated using a specific methodology set forth in a Stewardship Credit Worksheet. Natural resource values of the land are measured by the Natural Resource Stewardship Index as specified on the Worksheet. Credits can be transferred only to lands within the Overlay area that meet defined suitability criteria. These lands are defined as Stewardship Receiving Areas (SRAs). SRAs are,.~[he target areas for a compact mixed use development pattern, rather than the traditional singlg-family 5-acre tract development that characterizes rural residential uses. SRAs have the least environmental sensitivity and must have a Natural Resource Index value of 1.2 or less td[ receive Credits. A minimum of eight (8) Credits must be expended to develop each acre of an SRA. ipm individual SRA must be at least 40 acres in size and meet various development criteria. Although there are 93,000-!-_ acres of potential SRAs (private lands less FSAs and HSAs), it is estimated that the "8 credit requirefnent" will set aside approximately 16,800 acres, or 9% of the Study Area, for clustered development. It is estimated that only 6,700 acres would be needed to meet the Study Area's population projections for the year 2025. Mapping areas of highest ecological value, using the best available data and analysis established in Stage One of the Immokalee Area Study, has led to the mapping of wetland flowways and native habitat areas. Wetland flowways are mapped as Flowway Stewardship Areas (FSAs) and natural OCT 2 2 2002 CCPC Item 7.I. habitats are mapped as Habitat Stewardship Areas (HSAs). Within the Stewardship Overlay System, FSAs and HSAs are defined as Stewardship Sending Areas (SSAs), and are precluded from being Stewardship Receiving Areas (SRAs). FSAs comprise approximately 31,000 acres; HSAs comprise approximately 40,000 acres. Combined, FSAs and HSAs represent over one third of the Study Area. The Stewardship Overlay also has identified Water Retention Areas (WRAs) as having a unique status. These areas (18,300 acres) are part of the permitted stormwater management system for agricultural operations, yet typically are considered wetlands and have an important ecological function. The proposed policies will allow WRAs to be incorporated into SRAs. If they are incorporated into SRAs, then any modifications to the WRA shall ensure that there will be no net loss of habitat functions. Of the approximately 74,600 acres of wetland land cover mapped in the Study Area, approximately 43,300 acres are located in FSAs and HSAs, and another 14,500 acres of wetland land cover are located in WRAs. Thus approximately 57,800 acres, or 77%, of the Overlay's wetland land cover is located in FSAs, HSAs and WRAs. (Exhibit B to the ORC Response document, in the Adoption notebook behind the tab titled "Additiorial Data & Analysis", provides an acreage breakdown by native vegetation land cover and Stewardship classification.) Minimum Regulatory Requirements The basic premise of the Stewardship Overlay Program is that the economic incentive for generating credits by preserving environmentally sensitive land, open space and/or certain types of agricultural operations, will discourage landowners from developing land within FSAs and HSAs; or, conversely, will encourage landowners to transfer development rights out of FSAs and HSAs. Thus, the primary focus of the strategy is an incentive-based program designed to direct incompatible land uses away from wetlands and listed species habitats in addition to preventing the premature conversion of agricultural lands. However, not all landowners will choose to participate in the Stewardship Overlay Program. All of the Group 5 policies would apply to those properties thereby assuring minimum regulatory standards. Key among those policies for habitat protection is the requirement thht site clearing and alteration within FSAs, HSAs and WRAs - outside the Area of Critical State Concern (ACSC) - will be limited to 20% of the property, of which no more than 50% may be non-permeable surfaces. Areas within the ACSC (approximately 63,700 acres, or 33% of the Study Area) will still be subject to the ACSC regulations, e.g. 10% clearing standard. Additionally, the design of SRAs must demonstrate that ground water table draw-down will not adversely impact adjacent FSA, HRAs, WRAs or Conservation land. An attachment to this Staff Report titled "Protections in Place Where Stewardship Credit System Not Utilized" provides a useful summary of protection measures for non-participating prbperties. Allowable Land Uses, Landowners not participating in the program will continue to be allowed the uses in the Agricultural/Rural designation, including residential density at 1 unit per 5 acres. However, as noted above, if located within an FSA, HSA, or WRA, certain site alteration limitations will apply (for non- agricultural uses). However, once a landowner has voluntarily designated property as a Stewardship 4 OCT 2 CCPC Item 7.I. Sending Area (SSA), by petitioning the Board of County Commissioners, the allowable land uses on that property become strictly defined. SSA designation is considered to be perpetual; in essence, it runs with the land and cannot be removed. Properties designated as Stewardship Receiving Areas (SRAs) are allowed higher residential density, and other types of land uses as well, depending upon the number and types of credits used and the size of the receiving property. Attachment C, Stewardship Receiving Area Characteristics, to the Ri, SA Overlay sets forth the allowable uses, intensities and densities. Densities within SRAs cannot be less than 1 unit per 2 acres (0.5 units per acre), and cannot exceed 4 units per acre - except when providing affordable housing or using the density and intensity blending provision. An individual SRA must be at least 40 acres in size. An SRA is established via a petition submitted by the property owner to the Board of County Commissioners; the location, size, and density of each SRA will be determined on a case-by-case basis. This petition must include a master plan that demonstrates the SRA: complies with applicable policies of the Overlay; is designed to direct incompatible land uses away from wetlands and critical habitat areas; and, is designed to discourage urban sprawl. The SRA master plan must also identify the mixture of uses to be provided, which, in addition to residential uses, must include necessary support services and facilities. The uses allowed vary depending upon the size of the SRA, but inc~lude: residential, commercial, light industrial, schools, parks, recreational facilities, churches, civic and governmental, libraries, and essential services. The form of development for SRAs - which are to be compact and contain a mixture of uses (or be proximate to) - include towns, villages, hamlets, and compact rural developments. The perimeter of each SRA must provide for a transition to uses outside the SRA; the transition area may consist of setbacks, landscape buffers, recreation/open space uses, and other appropriate uses/techniques. Where agricultural uses exist on the adjoining lands outside of the SRA, the SRA must be designed so as to allow for the continuation of the agricultural use and to minimize potential conflicts between the agricultural use and SRA uses. Where an FSA, HSA or conservation land exists on the adjoining lands outside the SRA, open space and recreational uses must be provided as a buffer. II. ORC Report and Response On June 12, 2002, the BCC approved the Eastern Lands GMP amendments for Transmittal to the Florida Department of Community Affairs (DCA). It should be noted that those amendments approved for Transmittal were more restrictive than those viewed by the EAC and CCPC, as result of discussions and agreement between the ECPO representatives and the Florida Wildlife Federation and Collier County Audubon Society. On September 16, 2002, DCA issued their Objections, Recommendations and 'Comments (ORC) Report based upon their preliminary review of the Transmitted GMP amendments for compliance with Florida Statutes. "Objections" which are not addressed may result in a determination of non- compliance. An objection might be addressed by revising the text and/or map change; providing additional data and analysis to support the amendment; a combination of the two; or, justification that missing data and analysis is not applicable (where DCA's objection is based upon lack of sufficient data and analysis). "Comments" are advisory in nature and will not form the bases for a determination OCT 2 2 2002 CCPC Item 7.I. of non-compliance. "Recommendations" offer one or more ways to address an objection or comment. Within the Adoption notebook, behind the tab labeled "Additional Data & Analysis," is an "ORC Response" document containing the various objections, recommendations and comments from DCA, each followed by a response and analysis. Behind that document, and referenced in it, are various exhibits that help to support the GMP amendments and provide explanation to address the ORC issues. The entire ORC Report from DCA is also included within the Adoption notebook behind the tab labeled "ORC Report." Many revisions have been made to the RLSA Overlay in response to the ORC Report. These are shown in strike through/underline format so as to easily identify changes made since the BCC Transmittal. Generally, they consist of increased environmental protection measures, both for properties where the Stewardship Credit System is utilized and for those where it is not. III. Additional Changes The Rural Fringe amendments were adopted on June 19, 2002, and included some policies and provisions with countywide applicability (less the Eastern Lands area). However, those amendments have not become effective due to the two challenges filed to DCA's determination that those amendments are "in compliance" with Florida Statutes. Rather than await the outcome of those challenges, staff recommends the re-adoption of those amendments with countywide applicability, less those for the Rural Fringe area. Accordingly, the attached GMI:' Adoption amendments apply to the Eastern Lands portion of the Assessment Area, and include the re-adoption of some amendments that are applicable to the entire unincorporated area, less the Rural Fringe portion of the Assessment area. The amendments proposed to be re-adopted primarily pertain to the protection of vegetative communities, including wetlands, and listed species and their habitats. Also, as a result of this Overlay, correlated amendments are needed to the Conservation and Coastal Management Element, other portions of the FLUE, the Immokalee Area Master Plan Element, and the Potable Water and Sanitary Sewer Sub-Elements of the Public Facilities Element. IV. Staff Conclusions and Recommendations It is believed that the adoption and implementation of the Rural Lands Stewardship Area Overlay will not result in an increase to the total number of allowable dwelling units or population in the Eastern Lands area, but rather result in a re-allocation of the density and population allowed under the pre-Final Order conditions from a land-consuming checkerboard pattern into compact, mixed-use developments. The potential exists for an increased amount of commercial development - and other non-residential development in the allowed compact, mixed-use developments - beyond that presently permitted in the Agricultural/Rural designation; however, under the 1 DU/5 A scenario, as development/population increased the demand for support services would increase and inevitably result in GMP amendment requests to provide for those support services. Staff recognizes that the proposed Stewardship Program is an innovative and incentive-based approach for protection of agricultural land and natural resources in the Eastern Lands Area. The Stewardship Credit program is designed to provide landowners incentives to direct incompatible land uses away AGENDA 2 2 CCPC Item 7.I. from wetlands, listed species and their habitats. Much of the areas' natural resources are found within the FSAs, HSAs and WRAs. In addition to the incentive program, the Overlay also contains some minimum standards for protecting the areas' natural resources. In staff's opinion, adoption of the RLSA Overlay, and its subsequent implementation, should result in a more efficient development pattern that helps to better protect natural resources and important agriculture. Staff recommends that the EAC forward the proposed GMP amendments to the CCPC and BCC with a recommendation for adoption; and, that the CCPC consider the EAC's recommendation in their deliberations and forward the proposed amendments to the BCC with a recommendation for adoption. (As the EAC headng will be the day before the CCPC hearing, their recommendation will be given at the CCPC hearing.) PREPARED BY: David Weeks, AICP, Chief Planner Comprehensive Planning Section Date: Stan Litsinger, AICP ~ ~_.~ n!prehensive Planning M~anager /1,? Margar toi/)Vuerstle; AICP Planning'~Services Director Date: Date: APPROVED BY: Josep~~ Community Development and Environmental Services Division Staff Report for October 16, 2002 EAC & October 17, 2002 CPCC meeting. NOTE: This petition has been advertised for the October 22, 2002 BCC meeting. Date: COLLIER COUNTY PLANNING COMMISSION: MR. KEN ABERNATHY, CHAIRMAN E.Lands Adoption EAC-CCPC Staff Rpt. 7 G, Comprehensive, David, E. Lands GMPAs dw/10-10-02 OCT 2 2 2002 AGENDA ITrr, J~4 PROTECTIONS IN PLACE WHERE STEWARDSHIP CREDIT SYSTEM NOT UTILIZED All land: Wildlife protection o Survey where known listed species o Habitat management plans where listed species utilize site or site is capable of supporting listed species o Coordination with FWCC & USFWS · Wetlands protection o Wetland utilized by listed species or serving as corridors preserved o Wetland flowway functions maintained o No drawdowns/diversions affecting the hydroperiod of preserved wetlands on or offsite o Uplands may be utilized to meet preservation requirements when wetlands score less than 0.65 o Buffering: 50 feet from natural water body & 25 feet from other wetlands (structural buffer in certain instances) o Mitiqation · No loss of wetland function · Compensation for any loss of storage/conveyance capacity · Conservation easement over mitigation/restoration areas · Maintained · No clustering Within WRAs: · No more than 20% site clearing/alteration (preservation preference to wetlands with 0.65 or above) · Within 1 year: criteria establishing when more preservation of wetlands of 0.65 or above required · No more than 50% nonpermeable surface of area cleared/altered · Nonpermeable surfaces greater than 1 acre must approximate natural surface water flow · Revegatation/lanscaping with native vegetation · ElS · Roads designed to allow passage of surface water Within FSAs: TAL~525966.01 No residential or conditional uses No more than 20% site clearing/alteration (preservation preference to wetlands of 0.65 or above) OCT 2 2 2002 · Within 1 year: criteria establishing when more preservation of wetlands of 0.65 or above required · No more than 50% nonpermeable surface or area cleared/altered · Nonpermeable surfaces greater than 1 acre must approximate natural surface water flow · Revegatation/landscaping with native vegetation · ElS · Roads designed to allow passage of surface water · Priority for wetlands mitigation Within HSAs: · No more than 20% site clearing/alteration (preservation preference to wet~ands of 0.65 or above) · Wit~iin 1 year: criteria establishing when more preservation of wetlands of 0.65 or above required · No more than 50% nonpermeable surface of area cleared/altered · Nonpermeable surfaces greater than 1 acre must approximate natural surface water flow · Revegatation/landscaping with native vegetation · ElS · Roads designed to allow passage of surface water · Priority for wetlands mitigatioh Protection when not using Credit System G, Comp, David, E. Lands GMPAs /!0-9-02 TA.1.~525~.01 OCT 2 2 2002 GLOSSARY Rural Lands Stewardship Area (RLSA) - Eastern Lands area; consists of 195,846 a.; of this 182,334 a. private Rural Lands Stewardship Area Overlay program - System which provides incentives to participate. Requires designation of SSAs (see below) and SRAs (see below). Planning horizon of 2025 but reviewed and assessed every 5 years based on stated criteria. Stewardship Overlay Map (Overlay Map) - all rural designated lands within RLSA; serves as Overlay Map to FLUM. Contains delineations of FSAs, HSAs and WRAs and provisions for property to be designated as SSAs and SRAs. Overlay Map based on Stewardship Natural Resource Index. Baseline Standards - what's in effect in terms of density/intensity today; owner follows Baseline Standards unless participate in Overlay system; owners who use this subject to regulatory limits of Policy 5 and no clustering. If delineated FSA, can only do agriculture. Stewardship Overlay District - will be new section of LDC which implements Overlay program. TAL~525961.01 1 Stewardship Natural Resource Index - establishes natural resource value by measuring 6 different characteristics: Stewardship Overlay Designation; Sending Area Proximity; Listed Species Habitat; Soils/Surface Water; Restoration Potential; and Land Use/Land Cover. Natural Resource Index Map Series (Index Map Series) - Shows Index score for RLSA area on better scale than Overlay Map and adopted as part of RLSA Overlay. Land Use Matrix (Attachment B) - uses and activities allowed today. Also shows sequential layers of uses to be removed under Stewardship system if property owner participates. Stewardship Receiving Areas (SRA) - lands where credits can be transferred and used under Overlay system. 74,500 a. eligible outside of ACSC; 18,300 a. within ACSC. Only 2% of lands within SRA score greater than 1.2. SRAs limited to Towns. Villages, Hamlets and Compact Rural Development, with additional in ACSC. Characteristics set out in Attachment C. No non-agricultural uses in 2% of SRAs that score greater than 1.2. Flow-way Stewardship Areas (FSA) - 31,100 a of privately owned wetlands within Camp Keais Strand, Okaloacoochee Slough. Primary flow-way systems in RLSA 96% score greater than 1.2. Only allowable use is agriculture. Habitat Stewardship Acres (HSA) 40,000 a of privately owned agricultural acres with and without natural characteristics beneficial for listed species habitat. 13,800 a of cleared TAL~525961.01 2 agricultural lands within HSAs. If designated as SSA, lose residential. Can elect to give up conditional uses and recreational uses as additional layers. No non-agricultural use on property designated greater than 1.2. Restrictions on conditional and recreational uses if not given up. Water Retention Areas (WRA) - 18,200 a. privately owned lands; permitted by SWFWMD. 74% score greater than 1.2; 26 score less than 1.2. Not part of SRAs. If such change through permit modifications, must protect functions. Stewardship Sending Areas (SSA) - land delineated FSA, HSA or WRA may be designed as SSA by owner seeking to participate in Overlay system. RLSA Glossary Carlton Fields TAIJ525961.01 G, Comp, David, E. Lands G~IPAs /10-9-02 OCT 2 2 2002 0 ..C L t- ,.l- c''' ..t-- c' I'--I E 0 · 0~0 0 0 01~ 0 qq~q~qq~ ddddddd 0~ 00000~ d~ 'gSl~ EE ~OOO~ 2 2 200~ ORC RESPONSE; Response to DCA's Objections, Recommendations, and Comments Report for Collier County Comprehensive Plan Amendment 02-R2 (Eastern [Rural] Lands Rural and Agricultural Assessment Area) This report provides a detailed response to each Objection and Recommendation provided by the DCA in their ORC Report dated September 16, 2002. Each Objection and Recommendation is indicated below in italics, and responses are provided immediately following each item. I. FORM OF DEVELOPMENT IN STEWARDSHIP RECEIVING AREAS The County shall "prevent the premature conversion of agricultural lands to other uses" and "assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl." DCA Obiection: The proposed amendment does not include specific guidelines and criteria to ensure that development in the Stewardship Receiving Areas will discourage urban sprawl and prevent the premature conversion of agricultural land. Because development under the Stewardship program will proceed without future land use map amendments - the time at which questions regarding urban sprawl, infrastructure availability, and the premature conversion of agricultural land are usually attswered - including these policies within the'Collier Count5.' Comprehensive Plan is necessa~' to achieve compliance with State law. Examples of the lack of specificity are set forth below. DCA Recommendation: Revise the relevant policies to provide adequate guidelines, standards and criteria within the comprehensive plan that wi Il clearly define the form of the Towns, Villages and Hamlets to ensure a cohesive, balanced development that will produce a viable communio'. The guidelines should clearly define residential density, the minimum acreage of each ~,pe of community', the intensits., of the non-residential uses, the percentage or other measure of the mix of uses allowed, as weli as other relevant guidelines in a predictable and meaningful manner that will ensure a compact development and demonstrate the County's ability' to control urban sprawl. The proportion of mix and intensi~, standards may be established in the form of a range based on data and analysis in order to allow fiexibilirv. The clustering of allowable uses ill rural Collier County', which is not allowable under the existing comp-rehensive plato should be mandated as a component of the development forms. Alternatively, revise the policies to require a comprehensive plan amendment whenever a new town, village or hamlet is proposed, and at that time provide the relevant information to support the amendment. 1. Policy 4.5 states that a master plan will be created for each Stewardship Receiving Area (SRA) and will be designed "to discourage urban sprawl as it is defined in Florida planning law." However, neither Policy 4.5 nor any other provision in the Stewardship program contains any specifics as to the manner in which urban sprawl will be discouraged. The mention of "Florida planning law" does not incorporate by reference some set of policies that could be relied upon to address the potential of urban sprawl. Response,;, The reference to "Florida planning law" has been removed. A more specific reference to 9J- 5.0006(5)(I) FAC; has been included in a revised Policy 4.6. The Policy now provides language relative to planning strategies and techniques that have been incorporated into the RLSA. The AGENDA ITEM Page 2 FAC citation specifically states: "the Department encourages innovative and flexible planning and development strategies and creative land use planning techniques in local plans". The compact and self-sufficient techniques used in the RLSA Overlay meet this definition. Under the RLSA Overlay, towns, villages, hamlets and compact rural developments are the alternative to single use Iow-density rural subdivisions that, prior to the adoption of this RLSA Overlay, are the only form allowed. These strategies and techniques are "recognized as methods of discouraging urban sprawl", as provided in the rule. Analysis: 9J-5.006(5)(g) FAC describes th~ primary indicators of sprawl. When taken in its entirety, the GMP and the specific provisions ~)f the Overly clearly discourage the proliferation of urban sprawl. The primary features of thle RLSA Overlay that discourage the proliferation of urban sprawl are summarized below. 1' · The OverlayY;reates an innovative, incentive based system to encourage the establishment of compact, mixed-use rural development as an alternative to Iow-intensity, Iow-density, single-use development. Policy 1.2 states: 'q'he Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to Iow-density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177 (11) F.S." · The population to be accommodated under the Overlay is the same population projected by Collier County for the RLSA prior to the amendment. The premise of the RLSA study has been consistent since its outset with respect to its reliance on previously projected population data. The form of compact rural development established as a result of the Overlay reduces the potential for sprawl by allowing that population to be accommodated on a development footprint that is approximately 90% less than required without the Overlay. unique attributes of Collier County's Rural ~,/~ea as recognized The Overlay deals with the by the Final Order. The RLSA is discrete from established urban area§ of Collier County. The population and development accommodated by the Overlay is based on the projected population of the RLSA, and does not include or accommodate projected urban population. The Overlay protects the rural character of the RLSA Q~y restricting the amount and ocation of "urbanization" to rural towns, villages, hamlets, and CRDs that occupy a small fraction of the total RLSA acreage through the use of the Overlay's Credit program. The undeveloped lands that will be protected from development and "leaped over" are less suitable for development than potential stewardship receiving areas (SRAs) due to natural resource characteristics or are in viable agricultural production. These areas have been identified, are delineated on the Overlay Map, and become stewardship sending areas, or SSAs. · The protection of important natural resources, such as wetlands, listed saecies habitats, environmentally sensitive areas, and natural groundwater aquifer rechar OCT 2 2 2002 3¢8/O2-113190 VIc 02t- MPERRY "'"~b ~"~ 113190 V~: 02~- MPERRY 03312-002-000- PtNRK. 26564 Page 3 RLSA is accomplished by the establishment of FSAs, HSAs, WP, As and by the continued protections afforded to existing public and private conservation areas and the ACSC. There are approximately 121,300 acres of such land, representing 62% of the RLSA, protected under the RLSA Overlay. Potentially incompatible uses are prohibited in each classification according to its specific character, as described in Policies 3.5, 3.6, 3.7, and 3.14 and additional uses can be eliminated through use of the Credit system. The Overlay creates an incentive based model for discouraging premature and poorly planned conversion of rural land to other uses through many of its Policies. Policies 1.2, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.9, and 3.10 specifically address the protection of agriculture. The RLSA contains no unique or prime farmlands or soils, but does serve as the home of Collier County's significant agricultural industry. Existing public facilities in Collier County's urban areas are substantially maximized, and are generally not oriented to serving the RLSA. The RLSA currently has limited existing public facilities and services, as one would expect in a rural agricultural area. Therefore these facilities must be provided to an acceptable level of service within SRAs as the demands are generated in accordance with Policies 4.2, 4.7, 4.14, 4.15, 4.16, and 4.17. These policies work in conjunction with Collier County's Adequate Public Facilities Ordinance to assure the availability and adequacy of necessary facilities and services to future residents of the RLSA. The data and analysis provided in the Study demonstrates that the compact rural development form of SRAs significantly reduces the cost of infrastructure. The Committee Report contains the results of a comparative impact analysis comparing the demands of existing land use policies and those created by the RLSA Overlay. Across the board, the Overlay demonstrates substantial advantages over the Baseline Standards on this point. As an example, using the most conservative assumptions, the vehicular miles traveled in the RLSA will be reduced by approximately 5% as a result of the mixed-use provisions of the Overlay. Policy 4.17 requires a specific analysis of each SRA to demonstrate this prior to approval. Policy 4.17 requires that each SRA will be planned and designed to be fiscally neutral or positive to the Collier County tax base. Techniques that support fiscal self-sufficiency such as Community Development Districts are encouraged and development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the County Concurrency Management System. Policies 4.11 and 4.13 establish requirements for transitions, edges and appropriate buffers between SRAs and rural areas. Pursuant to these policies, the perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs must be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. Where existing agricultural activity adjoins a SRA, the design of the SRA must take this activity into OCT 2 2 ZOO2 Page 4 account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. The Overlay protects and retains functional open space by the establishment of SSAs (Policies 1.6 - 1.10), the retention of agriculture (Policy 2.1), and the requirement to include open space within SRAs (Policy 4.10). At full implementation, approximately 90% of the entire RLSA will be open space. Virtually all of the 31,100 acres of FSAs and 18,300 acres of WRAs will remain as open space. Site alteration in the approximate 63,700 acres located in the ACSC is limited to 10% of the site area, and impervious surfaces are limited to only 50% of that area. Clearing in the HSA for the limited non-agricultural uses allowed is limited to 15% of the native vegetation per Policy 3.7. Group 5 Policies, which protect wetlands and listed species and their habitats on land that is developed under the Baseline Standards and not voluntarily included in the Rural Lands Stewardship Area Overlay program, have been significantly expanded to provide detailed standards and regulations. These policies provide assurance that the goal and objective of the RLSA will be accomplished even if the provisions of the incentive based stewardship program are not used by alt property owners in the RLSA. Policy 4.6 allows Towns, Villages and Hamlets, as well as commercial uses in the SRAs. This Policy does hot establish the guidelines and criteria for these development forms, and does not address urban sprawl. The Policy instead refers to Attachment C, a table which does not include certain essential standards (e.g., the composition of land uses), is merely illustrative, and is not to be adopted as part of the comprehensive plan. Response: Policies 4.6, 4.7, 4.15, and Attachment C, Stewardship Receiving Area Characteristics, have been revised to establish specific guidelines and criteria for land uses in SRAs. Attachment C (labeled as Exhibit "A" to this document) will be adopted as part of the GMP, and is binding. There are now four specific forms of SRA permitted within the Overlay: Towns, Villages, Hamlets, and Compact Rural Development (CRD). SRAs now have specific size ranges, densities, floor area ratios, utility requirements, recreation and open space requirements, and transportation requirements. Analysis: As requested by DCA, SRAs are now required to include an appropriate mix of retail, office, civic, governmental, and institutional uses to serve the daily needs and community wide needs of residents, based on minimum standards appropriate to each form. The composition of land uses is described in Attachment C, Stewardship Receiving Area Characteristics, and further described in response to Objection 6 below. Policy 4.6 also leaves development patterns open to unspecified alternatives. While listing Towns, Villages, and Hamlets as allowable, the Policy 4.6 provides that development "is not limited to" these forms, and that "these policies shall not preclude the use of other forms not specified herein." Policy 4.18 is similarly open-ended in its listing of allowable land uses. Additionally, Policy 4.15 notes that some of the uses needed within the Stewardship Receiving Area may be located some distance away in theTownoflmmokalee. ~~ OCT 2 2 2002 10/8/02-113190 Vet: 02f- MPERRY CA~43 03312-002-000- FSNRK- 26564 Page 5 Response: Policy 4.6 has been revised, and unspecified alternatives have been eliminated. Compact Rural Development is now the specific fourth form of SRA, and standards and criteria have been added. Policy 4.15 has been revised to better explain uses that may not be needed in every SRA. Analysis: Each Village or Town shall provide for neighborhood retail/office uses to serve its population as well as appropriate civic and institutional uses and each hamlet must contain convenience retail services, however the combined population of several Villages and Hamlets may be required to support community scaled retail or office uses in a nearby Town. The reference to the Immokalee Urban Area merely recognizes that Immokalee is home to many uses that will serve the residents of the RLSA, and that such uses are not necessarily replicated within SRAs. Examples include the Immokalee Airport, the Immokalee Industrial Park, Immokalee High School, and numerous other retail office, civic, governmental and institutional facilities. It is important to recognize that self sufficient SRAs do not exist in total isolation from their surroundings, and the RLSA Overlay is a tool to provide opportunities that can help Immokalee further expand and diversify its economic base. Policy 4.7 establishes a cap of 4 dwelling traits per acre which may limit the construction of multifamily and high densi~, housing. Stu:h hcmsi/lg could discottrage u/'ba/~ sprawl, and enhance the supply of affordable housing in Collier ~'()lt/iFv. Response: Policy 4.7 and Attachment C, Stewardship Receiving Area Characteristics, have been revised to make it clear that the 4 units per acre limit on base density is a gross acre calculation. Policy 4.7 has been revised to allow for an increase in the base density through the density blending process or the Collier County affordable housing density bonus referenced in the FLUE Density Rating System. Analysis: Net residential densities within SRAs are not restricted, which is consistent with general policies of the GMP. Multifamily housing is a permitted use in each type of SRA and the typical range of net density for multifamily housing is accommodated by this policy. A base density of 4 upa translates into a net residential density range of 6-12 upa on multifamily parcels. Allowing for higher base and net densities and use of the affordable housing bonus are techniques that help to discourage the proliferation of urban sprawl. The twenty acre minimum size requirement for a Stewardship Receiving Area, when coupled with an allowable minimum density of one unit per two acres, will not discourage urban sprawl or ensure a functional mixed-use center, especially since no limitation has been placed on the number of these Receiving Areas. Response: Both Policy 4.7 and Attachment C, Stewardship Receiving Area Characteristics, have been revised to double the minimum size of a hamlet to 40 acres. A minimum required convenience IAGE.~A I'I'~.M lO/B/02- 113190 Vel': 02!- MPERRY 03312.002-000- I:WVRK- 26564 OCT 2 2 2002 Page 6 retail use (10 s.f. per unit) and a public green space (1% of the gross acreage) are now included in hamlets. Analysis: Hamlets provide a more compact, efficient and sustainable alternative to conventional 5-acre lot rural subdivisions in those instances where a larger village is not warranted. At the lowest allowed density, a hamlet will occupy only two-fifths of the land that would be necessary for an equivalent number of homes under conventional rural subdivision, at the upper end of the range a hamlet occupies one tenth of the land. In both cases, the level of support services and quality of infrastructure is enhanced. The total number of acres of SRAs is controlled by the number of credits that can be generated under the Overlay and the amount of land eligible for SRA designation. The 100-acre maximum size of a hamlet ensures that the scale of this form is appropriate to its lower-density character. This is a more rational approach than selecting an arbitrary number of SRAs allowed for each category, and accomplishes the same anti-sprawl objective. The Stewardship Receiving Areas appear to be mixed use categories, yet the amendment does not establish a percentage mix of uses or other objective measure. Response: Attachment C, Stewardship Receiving Area Characteristics, has been revised pursuant to the DCA recommendation to provide an objective measure, in the form of a minimum required floor area or site area per dwelling unit for community and neighborhood retail/office, convenience retail, civic, governmental, and institutional uses, and community parks. SRAs are now required to include an appropriate mix of retail, office, civic, governmental, and institutional uses to serve the daily needs and community wide needs of residents, based on minimum standards appropriate to each form. The composition of land uses is described in Attachment C and Policy 4.7. Analysis: Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support compact, mixed use, and human scale development. Towns are comprised of several villages and/or neighborhoods that have individual identity and character. Towns have a mixed-use town center that will serve as the focal point for community facilities and support services. Towns have at least one community park and also have parks or public green spaces within neighborhoods. Towns include both community and neighborhood scaled retail and office uses, and may also include compatible corporate office and light industrial uses. Towns are the preferred location for schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. AC.~d~A rr~ OCT 2 2 ZOO2 Page 7 Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages have parks or public green spaces within neighborhoods and neighborhood scaled retail and office uses. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets are a more compact alternative to traditional five- acre lot rural subdivisions currently allowed in the Baseline Standards. Hamlets will have both a public green space and convenience retail uses to serve its residents. A Compact Rural Development (CRD) will provide a degree of flexibility with respect to the mix of uses and design standards in a SRA but shall otherwise comply with the standards of a Hamlet or Village comparable in size to the CRD, as shown on Attachment C, Stewardship Receiving Area Characteristics. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the broad range of services that support permanent residents. The Stewardship Receiving Areas allow non-residential uses, but do not establish intensity standards for these uses. Response: The following non-residential maximum intensity standards have been included in Attachment C, Stewardship Receiving Area Characteristics: Retail .5 FAR Office: .5 FAR Civic, governmental, institutional uses: .6 FAR Transient lodging: 26/acre Manufacturing/light industrial: .45 FAR Group Housing: .45 FAR Changes to Policies 4.7, 4.15 and Attachment C provide assurance that an appropriate mix of non-residential uses is provided for, at intensity levels compatible with the character of the SRAs. LOCATION OF THE RECEIVING AREAS The County shall "[ d] irect incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats." 10/8/O2-113190 Vet: 02f- MPERRY O3312-OO24X30- PWRK- 26564 OCT 2 2 2002 Page 8 DCA Obiections: I. According to Policy 4.9, Stewardship Receiving Areas shall be sited only on lands that receive a Natural Resource Stewardship Index value of 1.2 or less. However, no justification have been provided regarding the choice of an index value of l.2 or less as the cut off point for the location of SRAs. 2. Some of the areas designated as Stewardship Receiving Areas include the Big Cypress Area of Critical State Concern (ACSC). Considering the environmental sensitivity and statutory recognition of the ACSC, it is inappropriate to designate these areas for the location of Towns, Villages, or Hamlets. In addition, the area to the immediate northwest of Oil Well Road and State Road 29 contains a large number of water retention areas. According to panther~¢elemetry, this area is a corridor for panther movement and other wildlife, and therefore should not be included as a Stewardship Receiving Area. DCA Recommendation: Provide data and analysis justifying the choice and suitability of areas that score 1.2 or less on the Natural Resources Index Score for the location of Stewardship Receiving Areas, so as to enable the determin~ion of the County's effort to direct incompatible land uses away from environmentally sensitive natural resources. Revise the policies and the relevant maps to remove the ACSC and the area in the vicinity of Oil Well Road and State Road 29from the Stewardship Receiving Area. Response to point 1: Policy 4.9 has been revised in response to the objection to clarify the applicability of the Index, additional analysis is provided below. Analysis: The data and analysis supports use of the Index as a suitability factor for restricting more intensive uses in SRAs, and also supports the selected threshold for the specific application in Policy 4.9. It is incorrect to assume that Policy 4.9 constitutes the primary means of directing development away from wetlands and upland habitat, as less than 2% of potential SRA land in the RLSA has environmental characteristics that result in an Index score of greater than 1.2. The primary means of directing incompatible uses away from wetlands and upland habitat is the outright prohibition of locating any SRAs in FSAs, HSAs, and WRAs, per Policy 4.2 and the protections that these areas receive as Stewardship Sending Areas as described in the Group 3 policies. Additional protection is provided by the provisions of ~olicy 3.4 relative to existing public or private conservation lands, and existing ACSC regula~ons, which limit the amount of site alteration to 10%. The combined area of the FSAs, HSAS, WRAs, (89,459 acres); conservation land (13,512 acres); and ACSC land not otherwise classified (18,339 acres) total approximately 121,300 acres, or 62% of tl~ RLSA. These areas include virtually a I of the significant wetland flowways and interconnecf~d listed species habitats in the RLSA. Analysis has shown that approximately 90% of all native upland and wetland land cover, whether part of a interconnected system or not, is included in one or more of these protected land use designations (refer to Exhibit "B"). 13190 Vet 02!- MPERRY 033124~02-000- PWRK- 26564 Of the approximate 74,500 acres of remaining land in the RLSA, nearly all is improved agriculture land. Within this land, Policy 4.9 prohibits residential, commercial, institutional, civic and community service uses on lands that receive a Natural Resource Index value of greater than 1.2. as a supplemental protection to Policy 4.2. That index value was selected after evaluation of the data and an analysis of both the natural resource lands (F,q ~.~ ~^~ OCT 2 2 2002 Page 9 WRAs) and the remaining SRA-candidate lands. The Index value of greater than 1.2 represents the resulting score of naturally vegetated, isolated and fragmented wetlands within potential receiving lands which were not part of a contiguous natural system warranting delineation as a FSA or HSA, but which have other environmental characteristics such as listed species value. Using a threshold index value for this purpose ensures that those lands with the highest natural resource value that are not part of a sending area designation would still receive protection under the Overlay. Such areas are also protected by SFVVMD rules, and other state federal environmental regulations. These areas are shown on the Natural Resource Index Map series, which will be adopted as a part of the RLSA Overlay amendment. Response to point 2:, Revisions have been made to Policy 4.7 and Attachment C, Stewardship Receiving Area Characteristics, so that towns are no longer allowed within the ACSC. A new Policy 4.20 has been added which includes location and size limitations for other forms of SRA within the ACSC. New Policy 4.20 reads as follows: "Policy 4.20 Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits used to entitle a SRA in the ACSC must be generated exclusively from SSAs within the ACSC. Further, the only form of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, that two Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of these amendments, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. This policy is intended to assure that the RLSA Overlay is not used to increase the development potential within the ACSC but instead is used to promote a more compact form of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy of the RLSA Overlay shall take precedence over the Big Cypress ACSC regulations and all regulations therein shalt apply." Areas that are delineated as Water Retention Areas shall be protected as SSAs in accordance with Policy 3.3, 3.12, and 3.13. Policy 3.3 has been revised to further clarify the nature of WRAs, and prohibit their designation as SRAs. 10/8~02-113190 Ve~: 02!- MPERRY Analysis: There are no specific areas in the Big Cypress Area of Critical State Concern (ACSC) designated as SRAs as suggested in the objection. Within ACSC, only land that is not delineated as an SSA may be desiqnated as an SRA and only if it meets all applicable criteria of the Overlay and all existing ACSC regulations. Approximately 18,300 acres of the ACSC land in the RLSA are potentially eligible for designation, while 45,400 acres are protected as SSAs. When the boundaries of the ACSC in the RLSA were established, they followed survey section lines and the Right of Way of State Route 29, not lines demarking environmentally sensitive OCT 2 2 2002 Page 10 ~312-O02-00(~-PWRK. 26564 land. The ACSC boundary was not established with the same level of detailed data and analysis used in the RLSA Study. Many of the lands within the ACSC are not environmentally sensitive, having been previously converted to agricultural, mining, and other land uses decades ago. Land cover in the ACSC within the RLSA ( approx. 63,700 acres) is currently comprised of approximately 37,000 acres of naturally vegetated landcover and approximately 26,700 acres of agricultural row crops, citrus, pastures, and other land. The natural resource values of ACSC lands were evaluated using the same methods applied throughout the RLS^ to determine the boundaries of FSAs, HSAs and WRAs. The data and analysis confirms these delineations as accurate. FSA, HSAs, and WRAs include approximately 45,400 acres or 71% of the total RLSA/ACSC, and cannot be designated as SRAs. The acreage of these SSAs exceeds the total acreage of native vegetation cover because large areas of agricultural fields are included in the HSA. Approximately 90% of the natural vegetation in the RLSA/ACSC is included in these SSAs. The 18,300 acres of ACSC land not part of a SSA is eligible to be designated as a SRA. The average Index score of these lands is .8, and half of that value is due solely to their ACSC designation. If these lands were outside of the ACSC, the average Index score would be .4. This score confirms the limited environmental value of these lands. In addition to the provisions of the Overlay, all land within the ACSC remains subject to the strict site alteration limits of ACSC regulations, which restrict land clearing and alteration to 10% of any parcel. The Big Cypress ACSC regulations are already adopted as part of Collier County's GMP and LDC. Some of the regulations that will apply to SRAs in the ACSC are summarized as follows: "Site Alteration. (1) Site alteration shall be limited to 10% of the total site size, and installation of nonpermeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. (2) Except for roads, any nonpermeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. (3) Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. (4) No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. (5) Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximately the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. OCT 2 2 2002 Page 11 (6) Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. (7) Finger canals shall not be constructed in the Critical Area. Drainage. (1) Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. (2) New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structure or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, sl~3ugh, or estuarine area. Transportation. (1) Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand or slough waters through the use of bridges, culverts, piling construction or performance equivalent structures or systems. Channelization of such areas shall be the minimum length necessary to maintain reasonable flow and prevent weed blockage. (2) Transportation facilities, constructed substantially parallel to the local surface flow, shall maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. (3) Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or pedormance equivalent structures or systems. Structure Installation. (1) Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. (2) Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. 10/8/02-113190 VIc 02!- MPERR¥ 03312-002-0~0- PWRK- 26.~64 Variances. Variance procedures provided in local ordinances shall apply to the Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the Critical Area unless such development is designed, consistent with Critical Area regulations, to have minimum adverse impact on the Area's water storage capacity, surface water and estuarine fisheries. The applicant shall have the affirmative burden of establishing that the development will not have an adverse impact on such resources. Local Codes. In case of a conflict between Big Cypress Critical Area regulations and other regulations which are a proper exercise of authority of a governmental jurisdiction, the more restrictive of the provisions shall govern." Clearly the multiple layers of protection afforded by the Overlay and ACS(::; establish an extraordinarily high level of environmental protection, well beyond any required standard of 9J- AGENDA ITEM OCT 2 2 2002 Page 12 5. It must be recognized, however that existing ACSC regulations still allow land to be converted to residential uses at one unit per five acres. Allowing SRAs in appropriate locations of the ACSC provides a more sustainable, less impactful, and more compact alternative to such uses. From a planning perspective, it is a reasonable policy to allow Credits generated from environmentally sensitive sending areas within the ACSC to be applied to lands with Iow natural resource value that are within the ACSC but outside of the stewardship sending areas. Allowing a village, hamlet, or CRD to locate in the ACSC limited to the 10% site alteration requirement is a reasonable and prudent policy for reasons previously stated, provided that the entitlement credits for such area is generated within the RLSNACSC boundary. The additional restriction of Policy 4.20 means that 90% of any total site will remain in open space. With respect to the concern about the area northwest of Oil Well Road and State Route 29, the areas that are delineated as Water Retention Areas shall be protected as SSAs in accordance with Policy 3.3, 3.12, and 3.13. Policy 3.3 has been revised to further clarify the nature of WRAs, and prohibit their designation as SRAs. On the issue of panther telemetry, general or specific panther movements cannot be correctly interpreted from telemetry points alone and must be viewed sequentially or connected by lines to deduce movement patterns. In the case of this specific area, an analysis of sequential panther movements was performed. Nine panthers have entered this area over a ten-year period. Six did not move through the area but returned to their point of origin. Three panthers did move through the area from south to north and crossed State Route 29, however, all three remained within the local area and did not initiate any regional dispersal. There are several compelling arguments for not enhancing and promoting this area as a preferred panther corridor over time. First, movement through the area requires panthers to cross two busy highways without the protection of highway wildlife crossings. Second, the main routes for panther movement currently occur south of Oil Well Road, between the Florida Panther National Wildlife Refuge and Big Cypress National Preserve. The USFWS, FWC, and FDOT have validated this regionally significant panther movement corridor by having already committed planning efforts and allocated funds to the construction of two panther wildlife crossings across State Route 29, just south of the study area and within this main corridor area. These wildlife crossings will soon be a reality on the ground and are designed to limit panther-vehicle collisions and panther mortality. Third, a perpetual federal easement (USDA EQIP program) has been placed upon a 130-acre agricultural parcel on the west side of the Okaloacoochee Slough, just north of Oil Well Road and east of SR 29. The perpetual federal easement establishes a wetland restoration program for the parcel, which serves to widen the slough at its most narrow point, and facilitates north-south panther movements along the slough through restored natural communities. This restoration, coupled with the two additional crossings of SR 29 south of Oil Well Road, will establish a preferred corridor route both east- west and north-south. The most significant opportunity for the protection of existing panther habitat and potential enhancement of areas to increase panther habitat exists where the largest contiguous areas of land are found with a minimum of roadways and human influences. Based on input from the Florida Wildlife Federation, the Conservancy, and other interested parties, the HSA areas south of Oil Well Road were significantly expanded to include large areas of agricultural and ITEM OCT 2 2 2002 Page 13 natural areas. This expansion of HSA areas will be more beneficial to panthers than designating HSA status on the relatively disjointed lands northwest of the Oil Well Road/SR 29 junction. By focusing protection south of Oil Well Road,.the long-term habitat values will be better protected since this land is contiguous to land with a relatively uninterrupted connection to the Florida Panther National Wildlife Refuge. The protection of these lands, in conjunction with the scheduled construction of two regional panther wildlife crossings and the enhancement of the Okaloacoochee Slough connection, will provide a coordinated and regionally significant benefit to panther. Any future diminution of habitat values of the disjointed habitat area northwest of Oil Well Road/SR 29 will be more than offset by increased HSA designations on lands elsewhere in the study area which were selected based on considerations of the overall and coordinated efforts to increase regional and overall panther benefits. LA CK OF INFRASTRUCTURE PLANNING The County shall "provide for the cost-efficient deliver, of public facilities and services." Final Order at 5. DCA Obiection: The proposed amendment is not supported by an analysis of the public facilities that will be needed to support development within the Stewardship Receiving Areas, nor does it demonstrate that the faciliD, capaci~, exist for the maximum level of development proposed. These facilities include potable water, central sewer, and roads. The level of development discussed in the amendment and its supporting data and analysis lead to the conclusion, though not stated in the amendment, that central services will be utilized. However, the Collier County Comprehensive Plan prohibits the provision of central services outside of identified service areas, which are currently limited to the urban arefi and the rural fringe. Additionally, recreational uses including golf courses are allowed in Towns, Villages and Hamlets, with no numerical limitation. According to the South Florida Water Management District (see comment attached), in the Southwest region, recreational water use outstrips the residential water supply needs. The potential water consumption by these uses has not been addressed. DCA Recommendation: Revise the amendment to include an analysis of the infrastructure demand (i.e., impact on potable water, sewer, and roads) created by the amendment based on the maximum development allowed and the adopted level of service standards. The analysis should show the possible amount of water to be consumed by the golf courses and the overall impact of the amendment on the regional water supply, indicating if there is a surplus or deficit. Response:, Infrastructure demands have been analyzed and adequate provisions have been incorporated into the RLSA Overlay to guide decisions over the 25-year planning horizon of the RLSA. Infrastructure is now addressed in Policies 4.16 and 4.17. A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the type of development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation 1~&'02-1131gO Ve~ 0~.- MPERRY 03312-002-000- PWRK- 265~4 0CT222002 i Page 14 process in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. A detailed analysis is required prior to the designation of each SRA. Analysis: The data and analysis previously submitted did provide the results of a specific analysis for the sub-area performed during the Study. The sub area included approximately 10% of the RLSA acreage and approximately 10% of the projected population. The existing transportation system, water management sYStems system, and irrigation are the only existing systems currently in place. Among the findings of the sub area analysis of the stewardship scenario on transportation were the following! (keep in mind that this analysis was applied to a portion of the RLSA with one possible mix of SRAs): Public Ser~'ices · The stewardship scenario provides approximately 200 acres for civic, cultural, parks, preserves, open spaces, and governmental facilities; the baseline scenario has no allocation, although civic-use land may be randomly developed throughout the area using the conditional use process. · The stewardship scenario accommodates public and retail service sites within 1/~ to Y2 mile of village residents; the baseline reference range averages approximately 5 miles. Utilities The stewardship scenario will serve 97% of the 2025 population with central potable water and wastewater treatment utilities; the baseline reference scenario has no provision for central utilities, which would be cost prohibitive, and would therefore require 1614 wells and septic tanks. 10,~8/02- 1131~O Vel'; 02f- MPERRY Water Resources The stewardship scenario will reduce the estimated impervious surfaces by approximately 5o ;; Jt~/e~di~,~l,~ r~ ~ ~ ~jpUer fr va ~oeuSs i ~ uSr~;~v;;1 ~h~Pc ~(~-!~ oac~aet; U~vS~ca, n~ ~ 'tluYl,I~ da r~eed 'c ~Nnhj ~T~ ~ S development uses. The stewardship scenario will reduce the demand f(~r residential irrigation by approximately 68%. ~ The stewardship scenario will allow for approximatelY 300,000 gallons per day of potential water re-use from the distribution of treated effluent. Transportation The stewardship scenario reduces the average trip length for all trips generated by rural land uses by and average of 1-2 miles. The stewardship scenario reduces the number of trips required to use the arterial/collector roadway network to satisfy shopping and personal business needs by 25%. OCT 2 2 2002 Page 15 · The stewardship scenario reduces the number of employment trips required to use the arterial/collector roadway network by 27%. · The stewardship scenario reduces the number of new roadways intersecting the arterial collector network. · The stewardship scenario reduces the number of new driveway connections intersecting the arterial collector network. The stewardship scenario reduces the needed miles of local roadway construction from approximately 75 miles to approximately 8 miles. · Land area cleared for new local roadways is reduced tenfold from approximately 458 acres to 44 acres. · The average annual maintenance costs of local roads is estimated by County staff to be $50,000 per mile; therefore the annual overall maintenance cost will be reduced by approximately $3.3 million. Transportation Infrastructure Evaluation - Additional Analysis To augment the transportation analysis performed and summarized in the committee report, and additional analysis has been prepared to respond to the DCA concerns. This analysis applies to the entire RLSA and is projected to a 25-year horizon. The methodology is consistent with that used throughout the Immokalee Area Study. The projected 2025 population is based on the County's adopted long range transportation plan, was established and agreed upon at the outset of the RLSA study, and remained constant throughout all of the Scenarios developed during the course of the study. Residential trip generation characteristics remain constant for single-family development while new multi- family land uses in mixed-use SRA developments will have a lower trip rate per dwelling than their single-family counterpart. What changes with the Overlay are the trip length and external trip characteristics (actual impacts to the arterial/collector network) as the benefits to trip making and travel patterns are realized from compact mixed-use developments. As compact mixed-use rural developments emerge over time, in lieu of conventional 5-acre home sites, many of the trips generated (employment, shopping, personal business, etc.) by a residential unit (or cluster of units) are satisfied within the compact rural development without ever traveling the major roadway network. Many residents of the future compact mixed-use development will find employment opportunities within their own communities, reducing the need to travel long distances to reach employment opportunities and further reducing the demand on public arterial/collector road infrastructure. Within compact mixed-use developments, many retail and personal business trips are satisfied on site, and at the same time employment trips are satisfied on site. The compact, mixed-use characteristics of Stewardship Receiving Areas further enhance the trip making experience by creating jobs in close proximity to residential uses, allowing walking and bicycling as an effective mode of travel. To empirically quantify the benefits of compact mixed-use development, the Collier County 2025 MPO Travel Demand Model was used to estimate its travel demand characteristics, the results of which could be compared to the Baseline Condition. Since the exac location and OCT 2 2 2002 1~8/02-113190 Vet: 0~- MPERRY CA143 03312-002-000- PWRK- 26F~4 Page 16 size of future compact mixed-use developments is unknown, the model's zone structure was left unchanged, however the land use contents of each zone was modified to reflect projected future development of mixed-use rural development patterns. Retail and office/service commercial parameters were estimated for each town, village, and hamlet such that the total equaled the dwelling unit and population control totals provided by Collier County in the model. In developing the Stewardship Scenario model, the TAZ land use data in the Baseline Condition was replaced by the town, village and hamlet data. In those zones not receiving any form of compact mixed-use development, the land use values were set to zero. Additionally, several of the TAZs contained employment that could only be attributed to farming activities. In order to eliminate masking of the retail and business trips during the comparative analysis, the farm employment was zeroed out and removed from the data set in both the Baseline Condition and the Stewardship Scenario. The travel model was run with the RLSA Overlay parameters and the results were compared to those of the Baseline Condition. As shown in the table below, compared to the 2025 Baseline Condition, the data set representing compact mixed-use development produced an overall reduction in both vehicle miles of travel (VMT) and vehicle hours of travel (VHT) within the study area. Baseline Condition RLSA Overlay 1,861,258 58,874 1,760,761 I -5.4% 56,892 -4.5% The RLSA Data Set is one example of a blend of parameters, similar to that developed during the initial stages of the Scenario Qne development process and used in the Sub-Area analysis described in the previously submitted GMP Amendment Report. For this supplemental analysis, the parameters were extended over the entire Study Area. The RLSA Data Set represents a testing of the minimum allocations being included in the GOPs for compact mixed-use forms of development in Policy 4.7. Analysis of model output (see Exhibit "C") revealed that on individual road segments, decreases or increases in traffic varied due to the loading of traffic onto the segments from the TAZs with higher concentrations of development. It is important to note that in the test analysis, none of the individual increases in segment volumes would significantly alter the lane-call requirements from that shown in the County's adopted long-range transportation plan. Two short segments of Oil Well Road (CR-858) reflected increases that would be marginal in terms of needing a future improvement. Since individual segment impacts will be based on the location of the compact mixed-use developments, the appropriate time to examine the segment impacts would be during the designation of SRAs. Such an examination would be through the Traffic Impact Statement (TIS) process required by Collier County of all new developments as required in Policy 4.14. As part of a long-range system-level planning analysis, as is appropriate in this case, the most important result is that of the overall reduction in system network travel realized when mixed- 10/8/02-113190 Ve~ 02~- MPERRY 03312~02-O00- I~NRK- 26564 OCT 2 2 2002 Page 17 use developments are introduced into the plan as opposed to conventional 5-acre tract developments. Water Resources - Additional Data and Analysis Water consumptive use is addressed in a technical memorandum titled: "The Immokalee Area Study Staqe II Technical Memorandum Groundwater Issues~ prepared by CDM-Missimer (Exhibit "D"). This analysis provides an evaluation of current water use and identifies areas where additional water supply may be feasible for both current and future uses. A general assessment of potential impacts to water demand resulting from converted land uses is part of the analysis. The analysis concluded that "there is sufficient freshwater supply in the water- table, Lower Tamiami, and Sandstone aquifers in most if not all of the ECPO study area to provide water resources for potential residential/commercial development due to the net reduction in water demand when land use changes from agriculture to residential" A specific analysis of irrigation water demand for future golf courses cannot be prepared without knowing the specific location and design of each course, and the specific characteristics of the site, available irrigation supply sources and other detailed parameters. All of this detailed information is required by the SFVVMD during the consumptive use permitting process. Generally, irrigation water demand for golf courses will supplant irrigation water demand for agriculture. In any event, such water is retained within the RLSA hydrologic regime and is not exported. The data and analysis in the technical memorandum clearly supports the conclusion that there is an abundant supply of groundwater available in the study area to serve agricultural demands and future demands, and that the conversion of land to uses allowed in the RLSA Overlay will likely result in a net decrease in consumptive use. Potable Water LOS Standard As provided for in proposed Policy 4.16 of the RLSA Overlay, and proposed policies in the Potable Water Sub-Element, some form of central potable water system (or "decentralized" system) is allowed in all SRA forms, and is required in Towns, Villages, and CRDs >100 acres, and may be required in CRDs <_100 acres, depending upon the uses proposed. The County is allowed to serve all SRAs, but is not required to do so; the entire RLSA is far removed from existing County service areas and, at this time, the County does not anticipate providing service to the RLSA. The Overlay and Sub-Element also provide for (allow) service by the private sector - including Community Development Districts - or other governmental or non- governmental utility authorities (for example, the Immokalee Water and Sewer District). Existing Policy 1.3.1 of the Potable Water Sub-Element establishes a LOS standard of 185 gpcd; this figure includes residential and non-residential demand. Based upon the 2025 population projection - far beyond the mandated 5 and 10 year planning horizon required in Ch. 163.3177(5) - for the RLSA of 36,800 persons, this yields an average daily demand of 6.8 million gallons of potable water facility capacity in 2025. 10~8/02-113190 Vel': 02!- MPERRY 03312-002-0(30- PWRK- 26564 Sanitary Sewer LOS Standard As provided for in proposed Policy 4.16 of the RLSA Overlay, and proposed policies in the Sanitary Sewer Sub-Element, some form of central sanitary sewer system (or "decentralized" system) is allowed in all SRA forms, and is required in Towns, Villages, and CRDs >100 acres, and may be required in CRDs <100 acres, depending upon the uses proposed. The County is OCT 2 2 2002 Page 18 allowed to serve all SRAs, but is not required to do so; the entire RLSA is far removed from existing County service areas and, at this time, the County does not anticipate providing service to the RLSA. The Overlay and Sub-Element also provide for (allow) service by the private sector - including Community Development Districts - or other governmental or non- governmental utility authorities (for example, the Immokalee Water and Sewer District). Existing Policy 1.2.1 of the Sanitary Sewer Sub-Element establishes a LOS standard of 121 gpcd; this figure includes residential and non-residential demand. Based upon the 2025 population projection - far beyond the mandated 5 and 10 year planning horizon required in Ch. 163.3177(5) - for the RLSA of 36,800 persons, this yields an average daily demand of 4.45 million gallons of sanitary sewer facility capacity in 2025. Solid Waste LOS Standard The Solid Waste Sub-Element does not contain a LOS standard comparable to most other category A public facilities, e.g. potable water, sanitary sewer. Instead, Policy 1.2.5 of the Solid Waste Sub-Element requires landfill disposal capacity based upon the average of the most recent 5 years of actual lined cell tonnage usage. Collier County has two landfills, one located in the Immokalee Urban area, and the other located just outside of the coastal (Naples) Urban area. The Immokalee landfill is operated under contract with Immokalee Disposal Company, and the Naples landfill is operated under contract with Waste Management, Inc. Collier County has no plans to expand the landfills. The Board of County Commissioners has discussed disposal options including transporting solid waste to another jurisdiction for disposal, and constructing a waste-to-energy facility - which would result in a greatly reduced disposal volume. Just recently, the County finalized plans to begin transporting construction debris to Lee County for disposal; given Collier County's rapid growth, the volume of construction debris is significant. And, Collier County continues to strive towards increasing our recycling rate, which also results in a reduced disposal volume. As provided in proposed Policy 4.16 in the RLSA Overlay, during the SRA designation process, the capacity of infrastructure to serve the SRA must be demonstrated in accordance with the County's concurrency management system. Such infrastructure components include solid waste. 4. INCOMPA T1BLE USES IN HABITAT STEWARDSHIP AREAS The County shall "[d]irect incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats." Final Order at 5. DCA Objection: A key component of the Rural Lands Stewardship Program is the segregation of land based on environmental sensitivity and suitability into sending areas and receiving areas. Habitat Stewardship Areas are identified as sending lands based on their relatively high environmental and habitat values. In the report accompanying the proposed amendments it is stated that "the Habitat Stewardship Areas were defined primarily by spatial patterns of land cover~land use as reflected by FLUUCS maps, Florida panther radiotelemetry data points, and other listed species occurrence points. The goal was to create extensive, inclusive, contiguous areas of the landscape that are dominated by natural cover, which w: OCT 2 2 2002 I0/8/02-113190 Vet: 02~- MPERRY P~. ~Z Page 19 important habitat functions for listed species but would also allow wildlife movement across the landscape. In some areas, significant areas of active agricultural lands were included .... "Policy 3.6 proposes to allow golf courses, general conditional uses, mining and processing in all pans of the Habitat Stewardship Areas. These uses are not consistent with the protection of listed animal ancl plant species and their habitats within all portions of the Habitat Stewardship Areas. In addition, Policy 3.6 allows thirty percent clearing of native vegetation while Policy 5.3 allows twenty percent of site clearing in the Habitat Stewardship Areas. Any land clearing in excess of 10 percent of native vegetatio~t is too high for a habitat area and is inconsistent with the purpose of protecting critical habitat areas. DCA Recommendation: Revise the amendment to ensure that residential uses, golf courses, earth and rock mining, and conditional uses are eliminated from Habitat Stewardship Areas that contain native habitat or serve as functioning wildlife habitat and habitat corridors, and concentrate them instead in the Stewardship Receiving Areas in order to ensure that incompatible uses are directed away from critical habitat areas. Response: Policy 3.7 has been modified so that golf courses, mining, and general conditional uses are eliminated from Habitat Stewardship Areas that contain native vegetation and serve as listed species habitat or corridors, through an additional restriction to allow such uses only on lands that have a Natural Resource Index of 1.2 or less, and subject to review and approval of an Environmental Impact Statement and Conditional Use. The ElS must demonstrate that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats, and the use will not significantly and adversely impact aquifers. Golf Course design, construction, and operation in any HSA must comply with the best management practices of Audubon International's Gold Program and the Florida Department of Environmental Protection. Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel, and areas previously cleared shall be used preferentially to native vegetated areas. 1(Y8,'02- 113190 VI': 02!- MPERRY CAi43 03312-002-000- PWRK- 26564 Analysis: The primary means of directing development away from critical habitat is the outright prohibition of locating any SRAs in FSAs, HSAs, and WRAs, per Policy 4.2 and the protections that these areas receive as Stewardship Sending Areas as described in the Group 3 policies. Additional habitat protection is provided by the provisions of Policy 3.4 relative to existing public or private conservation lands, and existing ACSC regulations. The combined area of the FSAs, HSAs, WRAs, conservation land, and ACSC land total approximately 121,300 acres, or 62% of the RLSA. These areas include all of the significant interconnected listed species habitats in the RLSA. Analysis has shown that approximately 90% of al.._Jl native upland and wetland land cover in the RLSA is included in one or more of these protected stewardship land use designations (refer to Exhibit "B"). Golf courses and mining are currently allowed conditional uses throughout the RLSA under baseline Standards. Group 5 policies have been significantly expanded to ensure protection of listed species habitat. Under the RLSA Overlay program, Policy 3.6 has been modified so that golf courses, mining, and general conditional uses are eliminated from Habitat Stewardship Areas that contain native vegetation and serve as listed species habitat or corridors. Policy 3.6 now restricts these uses to lands that have a Natural Resource Index of 1.2 or less. Policy 3.6 OCT 2 2 2002 Page 20 already prohibited residential uses in the HSA. Since all lands within the HSA start with an index score of .6 due to their inclusion in the HSA, any land with native vegetation and listed species utilization will score greater than 1.2. The average Index score of native vegetation in the HSA is 1.5. The Policy also requires that both a Conditional Use approval and an Environmental Impact Statement approval must accompany such use. Exhibits "E" and "F" provide the standards and requirements for CU and ElS approval contained within the LDC. As noted in the ORC Report, the goal in creating Habitat Stewardship Areas (HSAs) was '~o create extensive, inclusive, contiguous areas of the landscape that are dominated by natural cover, which would not only pro~'ide important habitat functions but would also allow wildlife movement across the landscapet~" A breakdown of landcover/land use within the HSAs reveals that 65% of the total area is comprised of natural vegetation, 17% is in intensive agricultural production (row cops, citrus, etc.), 17% exists as pasture or fallow agricultural land, and 1% exists as roads~,power lines, and other infrastructure. HSAs were delineated where large contiguous blocks of land contained a predominance of natural vegetation, and where natural vegetation bordered the major flowways. The detailed landcover/land use (FLUCCS) map and aerial photography were the two primary data sets utilized for the delineation. Additionally, agricultural lands were deliberately included with the HSAs where native vegetation corridors were narrow or where significant "holes" existed, thus creating more continuous blocks of stewardship lands and more viable wildlife corridors. Policy 3.2 notes that the average Index score of all HSA lands is 1.3. This average is lower than FSAs and WRAs because of the large proportion of cleared agriculture land within the HSA. The average Index score of naturally vegetated HSA land is 1.5. Collier County agrees that golf courses, general conditional uses, and mining/processing are not appropriate in some portions of HSAs, but disagrees with the opinion that such uses are necessarily inconsistent with listed species protection. The US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) have long maintained that a landscape "matrix" of natural vegetation, agricultural uses, open space/golf courses, mining areas, etc. are not incompatible with the panther's use of the landscape, as long as natural vegetation predominates. Areas within the HSAs that are not dominated by natural vegetation (e.g., existing agricultural lands) can be converted to rr~ny uses with no net impact upon listed species. Panthers do not appear to differentiate between various types of such open space within the landscape, so long as human activity at night'is minimal. Because the panther is an "umbrella species," providing a suitable proportion of land uses for panther usage and movement also provides suitable habitat for I~abitat usage and movement by other species. ~ As one specific example, the Sunniland mine in the southeast corner of the RLSA existed long before the installation of any radio collars on panthers. Panther telemetry points occur more densely around this active mine than any other portion of the study area, with heavy panther utilization immediately surrounding the mine and with several telemetry points on the mine operation itself. Our conclusion is that the permanent water body created by the mine attracts prey base for the panther. Another example is a tomato field adjacent to forest that is converted to a golf course would be expected to support more deer due to better vear-round OCT 2 2 2002 Page 21 grazing opportunities, and therefore increase the prey base and hunting opportunities for panthers. 5. DATA AND ANALYSIS "All elements of the comprehensive plan, whether mandatory or optional, shall be based upon data appropriate to the element involved." Section 163.3177(8), Florida Statutes. DCA Objections: The amendment is not supported by adequate and relevant data and analysis demonstrating the basis for the values assigned to the various natural features considered in the Stewardship Index. 1. Water Retention Areas, which for practical and permitting reasons are likely never to be developed, are given a factor of O. 6. Especially considering that WRAs can be included within SRAs, their value as habitat areas could be significantly compromised. Habitat Stewardship Areas are also assigned a natural resource index value of.6. This assignment of values does not recognize the importance of the HSAs as discussed in the data and analysis and fails to encourage the transfer of Stewardship Credits from HSAs as opposed to transferring them from WRAs. DCA Recommendation: Since it is from the HSAs that Stewardship credits should first be transferred, it should be assigned a higher index factor than the Water Retention Areas. Response: Collier County does not concur with the conclusion of DCA staff. As stated in Policy 3.3, the primary function of WRAs is to protect surface water quality and quantity, not to provide habitat value. The Final Order gives no greater or lesser emphasis to the importance of protecting water quality and quantity than it does to protecting listed species habitat, both are equally important. The Policy has been revised to make it clearer that WRAs are not to be converted to SRAs. 10/8/02-113190 Vet 0~- MPERRY CA,43 03312-002-000- I;~VRK- 26564 Analysis: The development of the Stewardship Natural Resource Index Factors started with the identification of characteristic index factors, followed by the evaluation of the relative weighting of the factors, both comparatively to other categories and within each indices. With input from the County Staff, TAC, the Committee, and the public, the list of indices and their respective values were fine tuned through an iterative process to produce a result that, by consensus, addressed the most important natural resource characteristics in the RLSA. The Index Factors were designed to evaluate, as objectively as possible, the existing natural resource value of a given location within the study area. Scores for Water Retention Areas (WRAs), Habitat Stewardship Areas (HSAs), and Flow way Stewardship Areas (FSAs) were dictated by the ecological and/or hydrologic functions, as they presently exist, and not based upon any presumed future. The average Index score of WRAs is 1.5, the same average score of the natural vegetated areas in HSAs. One change resulting from public input was to increase the index designation factor for WRAs from .5 to .6. The score of .6 for lands designated WRA was not meant to diminish the value of HSAs, rather it was to elevate WRAs to a comparable level due to recogn :ion of their OCT 2 2 2002 Page 22 important surface water management functions. Given the spatial arrangement of the WRAs with other stewardship lands, their predominantly natural landcover, their typically large sizes, the habitat value, and the protections afforded to those functions, scoring the WRAs the same as HSAs is justified. The water management functions that WRAs provide are not compromised by changing the area they serve from agriculture to SRA, as allowed by Policy 3.12. By retaining the flexibility of allowing a WRA to provide water management functions to SRAs, their long-term protection is assured as they provide a reasonable economic value to the private property owner while retaining their environmental value. Such is the underlying basis of stewardship. Policy 3.13 specifically protects the habitat functions that WRAs do provide in the event that a WRA is modified during permitting. The policy language has been modified to clarify that WRAs will remain as SSAs even if they are permitted to serve a SRA. The opinion that such areas should not be valued for their important function because they "are likely never to be developed" is both incorrect and unsubstantiated. Such an opinion appears to contradict the entire basis for requiring the County to impose any new standards for wetland or listed species protection, for presumably the inability to develop such areas rests upon the existing State and Federal regulatory process. If such regulations act to prohibit the development of WRAs or other sensitive lands, what is the basis for the Final Orders requirement for additional wetland protections at the County level? No justification is provided regarding why conditio/zal use should be the next to be eliminated following residential use instead of recreational use. Conditional use has a lesser impact on resources than recreational use. DCA Recommendation: The lavers of uses to be eliminated should be revised to establish recreational ttses as the next layer to be eliminated after residential use. Response: Collier County does not concur with the stated opinion and recommendation, nor is it substantiated by data and analysis. Conversely, the RLSA study specifically evaluated the layering tool and concluded that it was reasonable and appropriate. This objection does not appear to be founded on any provision of 9J-5 and deference should be given to the local government and the collaborative process that lead to the Policy. Analysis: The RLSA layering system was first proposed over one year ago and has been subject to thorough evaluation, public input and refinement. The Committee, general public and County Commission provided significant input to the ranking and endorsed it. The conditional uses (family care facilities, resource recovery transfer sites, communication towers, landing strips, etc.) are generally representative of more urban related uses than the recreational uses (golf courses, sporting and recreational camps). Such conditional uses typically require a substantial degree of site clearing, alteration, impervious area and demand on services. The recreational uses are customary rural uses and provide a more compatible I0/8~2.113190 V~ 02~- MPERRY CAI43 03312-002-000- I:;NVRK- 26564 OCT 22 2002 Page 23 use within the landscape matrix than do the conditional uses, particularly now that they are limited to locations that score 1.2 or less on the Index per Policy 3.6. 6. VAGUENESS "Goals, objectives and policies shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations." Rule 9J-5.005(6), Florida Administrative Code. DCA Obiections: 1. Policy 1.21 does not provide meaningful guidance regarding the early bonus credit that will be offered in order to jumpstart the program. Policy 3.11 allows additional credits to be awarded for restoration "on a case-by-case basis," but provides not standards for this bonus in the comprehensive plan. Density Blending: Policy 4.7 states that "the individual SRA shall include not less than twenty acres and achieve gross residential density of not less than one unit per two acres and not more than four units per acre, unless increased through density blending process." This proposal makes the identification of development within the Stewardship Receiving Area undefined and unpredictable. Furthermore, the provision is not supported with adequate data and analysis justifying the need for density blending in the Rural Stewardship area and demonstrating that it will result in directing more intense development away from em, ironmentally sensitive lands within the Stewardship area. DCA Recommendation: Revise the policies to clearly establish the formula for deriving the amount of credits to be earned from a sending land. Itt addition, revise Policies 1.21 and 3.11 to establish meaningful guidelines regarding the amount of bonus credits to be awarded at the start of the program, and to promote restoration, ltl addition, densi~.' blending should be disallowed itt the Stewardship area because it is unnecessary since the Stewardship area has been mapped and appropriate uses directed to the areas that are more suitable for development. Response to point 1: Policy 1.21 has been revised to provide clear standards. A maximum number of bonus Credits has been identified. Such Credits may not be either generated or used in the ACSC. The Policy now makes clear that Credits need not be used immediately but can be "banked". Policy 3.11 has been revised to provide a specific number of Credits for restoration land dedication and restoration implementation. Implementation Credits are now conditioned upon meeting success criteria. Response to point 2: Based upon the DCA's Objection, staff is of the opinion that perhaps the Density Blending concept, as it is intended to be applicable to certain properties within the Immokalee Urban Area and the Rural Lands Stewardship Areas (RLSA), was not adequately explained in the Transmittal Document. The Density Blending language that was transmitted was placed in the FLUE under the Density Rating System. In actuality, this language should have been set forth in the Immokalee Area Master Plan (lAMP). The proposed language below has been revised I(YB/02- 113190 Ve~ 02f*MPERRY CA~43 03312-002-0~O- PWRK- 26564 OCT 2 2 2002 Page 24 to clarify the Immoka'lee Urban Area Density and Intensity Blending provision, and is recommended by staff for adoption. In addition, please note the following. Background: Mr. Robert Duane, AICP, made a presentation to the Eastern Lands Area Oversight Committee (ELAC) regarding some +/- 2500 acres of land of which + 2270 acres are within the RLSA (a significant portion of which may qualify for SRA designation) and +/- 235 acres are within the Immokalee Urban Area. The Urban lands contain a high degree of wetlands and have significant habitat value. These wetlands are adjacent to Lake Trafford and to the Camp Keais Strand (and FSA). The Wetlands are within the Immokalee Urban Area; the balance of the property is located within the RLSA, the majority of which is eligible to Receive Stewardship Credits (scoring 1.2 or less on the Natural Resource Index.) Staff has worked with Mr. Duane to develop a Density and Intensity Blending provision, which was approved for transmittal to DCA by the ELAC, Environmental Advisory Council, Collier County Planning Commission, and BCC. This provision, amended for inclusion in the lAMP rather than the FLUE Density Rating System, is set forth below. This Density and Intensity Blending provision is similar in concept as the Density Blending provision included in the Rural Fringe amendments that was found to be "in compliance" by DCA; that concept allows the transfer of development rights away from environmentally sensitive lands in the Urban area to contiguous lands of lesser environmental value outside of the Urban area (in the Agricultural/Rural area) that are appropriate for development. IMMOKALEE AREA MASTER PLAN, Land Use Designation Description Section, Residential Designation, Special Provisions: 2.d, Density and Intensity Blendine This provision is intended to encourage unified plans of development and to preserve the high oualitv wetlands. wildlife habitat, and other natural features that exist within areas of the Immokalee Urban Area. which are proximate to Lake Trafford and Camp Keais Strand. In the case of oroperties which are contieuous to Lake Trafford or Camo Keais Strand. which straddle the Immokalee Urban Area and the Rural Lands Stewardshio Area Overlay (RLSA) as demcted on the countywide Future Land Use Mao. and which were in existence and under unified control as of October 22. 2002. the allowable gross density and/or intensity may be shifted from the Urban desi~,nated lands to lands within the RLSA which are contiguous and under unified control, and which are designated as a Stewardshio Receiving Area (SRA) in the RLSA. The density and/or intensity may be shifted on an acre oer acre basis. This Density and Intensity Blending orovision is further subject to the following conditions 10/8/02-113190 V~r: 02t- MPERRY cam 03312-002-000- F~NRK- 26564 ITEM OCT 2 2 2002 Page 25 6a4 a~ The project in aggregate must be a minimum of 200 acres in size and the Urban oortion must be zz, r.:~ desienated Rz:]~zr.::.:2. Recreational/Tourist District (RT) in the Immokalee Area Master Plan.- (.b.) b. It must be demonstrated the lands designated Urban have a high natural resource value as indicated by the presence of Group 1 or Group 2 FLUCCS Codes (az ~.f:,'_~::) and a score of greater than 1.2 (both as identified on the Stewardship Credit Worksheet in the RLSA); 6~ c. Density and Intensity may only be shifted from lands within the Immokalee Urban Area conta~nine this hieh natural resource value (as measured above) to the lands within a conti~uous SRA. on an acre oer acre basis, orovidin~ such lands were under unified control as of October 22. 2002: and (,4.) cl. Lands within the Urban area, from which the density and/or intensity has been shifted~shail be placed in a conservation easement in perpetuity, Text with single underline or single strlkct~rc~:g~ reflects Transmittal language as proposed changes to the current GMP - originally proposed to the FLUE, now proposed to the lAMP. Text with double underline or double a:ff2:z:.'-..-z-agE reflects proposed changes to the Transmittal language primarily in response to the ORC Report. Given all of the above conditions and restrictions, the application of this provision is practically limited to the +/- 2500 acres of land referenced above; the only other land designated RT in the lAMP is a small amount of land located adjacent to the referenced +/- 235 acres. Data and analysis indicates that the subject +/- 2500-acre property is the only property which: (a) is under unified control on or before October 22, 2002; and, (b) contains more than 200 acres of high quality wetlands which are adjacent to Lake Trafford/Camp Keais Strand and which have significant habitat value; and, (c) are designated RT. Staff believes it is important to preserve these valuable wetlands, and that by requiring any density or intensity that is to be shifted be located within a designed SRA, it is assured that this density and intensity will be directed away from wetlands and habitat for listed species, thus will be located on lands that have been identified as suitable for such development. 7. LACK OF WETLAND POLICIES FOR EASTERN LANDS: DCA Objection: Objective 6.2 of the Conservation and Coastal Management Element, as znodified by the Rural Fringe Amendments, states that the wetland policies included under that objective do not apply to the Eastern Lands Study Area "for which policies are required to be adopted by November 1, 2002." While the Stewardship Overlay approach identifies the large connected wetland systems of the Okaloacoochee Slough and Camp Keais Strand, and disallows residential, earth mining and conditional uses within these areas, the balance of the Eastern Lands are not covered by any wetland policies of the comprehensive plan. According to the data and analysis, of the 74,900 wetland acres included in the Eastern Lands area, 83% are included in the FSAs, HSAs, and WRAs, leaving 12, 733 wetland acres not protected by any comprehensive plan policies. Even within the HSAs, these wetlands are vulnerable to development since golf courses and mining are allowed. DCA Recommendation: Revise the amendment to include guidelines and criteria that will apply to all wetlands in the Eastern Lands Area consistent with the requirements of Rule 9J-5 FAC. Response: lCY8~2-113190 Vet: 02~- MPERRY 03312-002-000- PWRK- 26~ OCT 22 Page 26 Policies 5.5 and 5.6 have been added to the Goals, Objectives, and Policies to provide guidelines and criteria for listed species habitat protection and wetlands protection in the Rural Lands Area that are applicable to land that is not voluntarily included in the RLSA program by its owners. For lands that are included in the Overlay Program, the Group 3 Policies (as revised) provide adequate guidelines and criteria to protect wetlands. Analysis: In addition to the guidelines and criteria for wetlands protection provided by Policies 5.1, 5.2 and 5.3, the County has added Policy 5.6 to the Group 5 Policies to provide additional guidelines and criteria for wetla, nds protection in the RLSA that are applicable to land that is not included in the RLSA Overlay Program. Policy 5.6 provides protection for the "minor percentage" of wetlands not within a FSA, HSA, WRA, or the Area of Critical State Concern in a manner consistent with the policies adopted for wetland protection in the Rural Fringe. The term "minor p~rcentage" is used advisedly, as of the 74,500 acres of wetlands in the RLSA, approximately~5,600 are not within an FSA, HSA, WRA, the Area of Critical State Concern, or public or private conservation lands. As Exhibit "B" demonstrates, DCA's calculation of wetland acreages apparently does not take into account public or private conservation lands. When these are taken into account, the wetlands remaining total approximately 5,600 acres rather than 12,733. State or Federal wetland protection regulations sti;I apply to such areas. ORC Response WM-cc-cf G, Comp, David, E. Lands GMPAs /10-11-02 1(Y8/O2-113190 Vet 021- MPERRY CA4~3 03312-0<32-0(X)- PWRK- 26564 OCT 2 2 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 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, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, THE IMMOKALEE AREA MASTER PLAN, AND THE POTABLE WATER AND SANITARY SEWER SUB-ELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE EASTERN LANDS ASSESSMENT AREA PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE INTERIM NATURAL RESOURCE PROTECTION STUDY AREAS LOCATED WITHIN THE EASTERN LANDS ASSESSMENT AREA AND TO READOPT DEVELOPMENT REGULATIONS FOR THE PROTECTION, PRESERVATION AND CONSERVATION OF NATURAL RESOURCES FOR THE ENTIRE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98- 0324GM): BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. Whereas, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (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 the County's EAR-based amendments, and 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, following a hearing 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 Administration Commission on June 22, 1999 found the EAR-based amendments not in compliance and entered a Final Order directing Collier County to perform a 3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures to protect agricultural areas, direct incompatible land uses away from wetlands and upland habitat and assess the growth potential of the area; and Whereas, the Final Order provides that the County may conduct the Assessment in phases; and Whereas, the County has divided the Assessment into two geographical areas, the Rural Fdnge Area and the Eastern Lands Area; and Whereas, on August 3 and September 14, 1999 the BCC created the Rural Eastern Lands Area Oversight Committee (ELAC) to assist in the assessment of the area of the County commonly referred to as the Rural Eastern Lands Area; and Whereas, the ELAC, with the collaboration of the public, and county planning and environmental staff have completed the Assessment for the Rural Eastern Land~ Area and have developed amendments to the County's Growth Management Plan; and Whereas, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on July 2, 2002; and OCT 2 2 2002 Whereas, the Department of Community Affairs did review and issue its Objections, Recommendations and Comments Report (ORC) to these amendments 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 this ORC Report from the Department of Community Affairs, to adopt or adopt with changes the proposed amendments to the Growth Management Plan; 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; 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 October , 2002, and the Collier County Board of County Commissioners held on October 22, 2002; and Whereas, the Collier County Planning Commission has considered the proposed Rural Eastern Lands Assessment Area Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Rural Eastern Lands Assessment Area Amendments to the Board of County Commissioners; 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 these amendments to the Growth Management Plan on October 22, 2002; and Whereas, upon receipt of Collier County's proposed Rural Eastern Lands Assessment Area Amendments, the DCA will review the Rural Eastern Lands Assessment Area Amendments as set forth in Section 163.3184, Florida Statutes. Whereas, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT RESOLVED 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 CONSERVATION AND COASTAL MANAGEMENT ELEMENT, AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map series, the Conservation and Coastal Management Element, and the Potable Water and Sanitary Sewer Subelements of the Public Facilities Element of the Collier County Growth Management Plan attached hereto and incorporated by reference herein as Exhibit A. SE~CTION 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 remainin I portion. SECTION THREE: .EFFECTIVE DATE. OCT 2 2 2OO2 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, Flodda Statutes, whichever occurs eadier. No development orders or development permits dependent on these amendments may be issued or land uses dependent on these amendments commence before they have 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 ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: ~'{V~Marjorie M. Student, Assistant County Attorney JAMES N. COLETTA, CHAIRMAN M PJf:\compplan rurallandsordinance02 O£T 2 2 2002 DRAFT COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTyRE LAND USE EI.. MENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol. Date Amended ** May 9, 2000 *** May 9, 2000 (I) May 9, 2000 (11) May 9, 2000 (111) May 9, 2000 (IV) December 12, 2000 **** March 13, 2001 (V) March 13, 2001 (VI) May 14, 2002 Ordinance No. Ordinance No. 2000-25 Ordinance No. 2000-26 Ordinance No. 2000-27 Ordinance No. 2000-30 Ordinance No. 2000-33 Ordinance No. 2000-87 Ordinance No. 2001-11 Ordinance No. 2001-12 Ordinance No. 2002-24 Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. **** Scrivener's Ordinance correcting omissions on Flue Map (VI) = Plan Amendments CP-2001-3,4,5,6 & 7 by Ordinance No. 2002-24 on May 14, 2002 AGENDA tTEM OCT 2 2 2002 SUMMARY OVERVIEW A. B. C. TABLE OF CONTENTS PURPOSE BASIS UNDERLYING CONCEPTS Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Usi~ Regulatory Process Protection off`Private Property Rights SPECIAL ISSUES Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights FUTURE LAND USE MAP DRAF~ 1018/02 Page 2 3 3 3 3~Z 7-9 II. *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES 10-!~17 * FUTURE LAND USE DESIGNATION DESCRIPTION SECTION 18~-1-7-4-149 Urban Designation -- Density Rating System Agricultural/Rural Designation Estates Designation Conservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES 4-1- 4.~9 *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.11) *Natural Resources - Wetlands (I)* Wellhead Protection Areas (IV)* Bayshore/Gateway Triangle Redevelopment Overla,~, Map * Stewardship Overlay Map IH. Rural Lands Study Area Natural Resource Index Maps Support Document: Public Facilities Natural Resources - Waterwells, ~3ones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils III, SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) NOTE: PAGE NUMBERS WILL CHANGE- NOT ALL MAPS INCLUDED IN THIS DOCUMENT Indicates adopted portions Note: the support document will be updated as current information becomes available. Text with underline is added, text with ............... 0";' .... ~ .... g~' is deleted - all since June 12, 2002 BCC [Transmittal r~l I hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing) ! 1 L DRAFT ~0/8102 SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, And Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. Text with underline is added, text with ztri!:cthrcugh is deleted - all since June 12. 2002 BCC Tra hearing. (the RI.SA Overlay was the only amendment proposed to the FLUE at Transmittal hearing 2 AGENDA ITEM OCT 2 2 2002 ;mittal I)Rfia~"~ 10/8/02 !. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for: protection and management of natural resource~;_public facilitiesT_;_ coastal and rural development~; and, housing and '--'?tv. community character and design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan, and with the strateqies to protect and conserve natural resources as found in the Conservation and Coastal Manaqement Element. B. BASIS This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strateqy for the protection of natural resources and aqri-business in the Rural Lands Stewardship Area by employin.q various requlations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of aqri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through the followinq: · Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, · The Rural Frinqe Area Oversi.qht and Eastern Lands Area Oversiqht Committees; · The Environmental Advisory Council; · Tthe Collier County Planning Commission, which is the local planning agency,;, and, · Other groups and individuals~ throuqh both written and verbal input, at, or as a result of, hundreds of duly advertised public workshops and meetinqs. C. UNDERLYING CONCEPTS . .__.._..._. The land use strategy established by this Element is based on a series of concepts whictl em~x~ I Text with underline is added, text with :L-i!:.~-L~.r~.L;gy. is deleted-all since June 12, 2002 BCC Tra,fmitJ.~T 2 2 2002 hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) ! DR~F ~o/8/o2 from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Protection of Natural Resource Systems Collier County is situated in aR unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna, includinq many species that are Federally and/or State listed, warrantina Sl:)ecia! protection,.; extensive and highly productive estuarine systems; and, many miles of sandy buach. In addition to their habitat value, :T-these natural resources perform functions ,;:h~ch that are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future ILand Use Element is designed to protect and manage natural resource systems in several ways= :. · Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. · Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations (LDRs}, lend c!tor=t!cn ~nd .... * .... *i'-'n development is guided to the portions of the property that is of, lesser environmental quality, moro to!omni *" '~ ....~ .....* thus, in effect, constituting an on-site transfer or clustering of development rights. A!cc, a · A broader "off-site" Transfer of Development Rights provision, set forth in this Element and primarily applicable to the Rural Lands Stewardship Area ox!crc !n thc L=nd Dcvc!cpmcnt Rcgu!at!cns is a key component of the County's overall sLrate.qy to direct incompatible land and uses away from important natural resources, inc uding large connected wetland systems and listed species and their habitat. · An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. · The County's Land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water supply wells ac czp~=Lqcd bv implementinR policies set forth in the Natural Groundwater Aquifer Recharge Element. · Natural resources are also protected throuqh close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water SuDPlv, sewaqe treatment, and management of solid waste. This coordination is accomplished throuqh the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and throuqh the Level of Service Standards (LOS) found herein. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed mE plans will have implications for both water management and land use practices. Text with underline is added, text with str;,!'.c-thrc'.'-~,h is deleted - all since June 12, 2002 BCC T hearing, (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearin 4 ,s%'-1 2 2oo2 P~..~ DRA..q~ ~0/8J02 Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through ~ LOS Ss_tandards. The ~ LOS Ss_tandards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding Love! of ~ LOS Sstandards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the S_standards serve to assure the availability of adequate facilities=whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for the provision of roads, water supply, sewage treatment and water management. Also, Never-the-less, facilities and services such as parks, govcrnmcnt buildings, schools, and emergency and other essential services, and improvements to the existinq road network '""'"'"'"" '"'""*"~ "'~*~':" ' "~"" ,-,w,u ...... are anticipated Ooutside of the Urban Designated Areas, primarily within the area known as North Golden Gate Estates. only,v,,~,l is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Manaqement of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt water inundation from tropical storms or hurricanes. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. Text with underline is added, text with str!!:c-thrcugh is deleted - all since June 12, 2002 BCC Trans hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) 5 This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal Mcr, cGcmcnt Hi.qh Hazard Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category I SLOSH area (potential for salt water flooding from I storm in 12 years) and evaguation planning areas. Within the Coastal Management Hiqh Hazard Area maximum permissible A~ITEM residential density is limited in recognition of the level of risk, the existing deficiency of eva :uatilaa~ DRAFT shelter space and existing patterns of density. A The. Coastal High Hazard Area is also identified in the Conservation and Coastal Management Element and policies are provided therein. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housinq An emerging issue in Collier County is the availability of adequate and affordable housing for Iow and moderate income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. Attainment of Hiah Quality Urban Desi,qn The report of the Regional/Urban Design T=am for the Naples area, dated April 1987, and subsequent recommendations of the R/UDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency and Effectiveness in the Land Use Re.qulatorv Process. Attention has been devoted to improving the land use regulatory process througl~ straightforward requirements and procedures. This has led to the style and structure of this Plan; a rI orq~,rlization of the development review process; and the compilation of all Land Development Re, single, unified Land Development Code. Text with underline is added, text with strike-through is deleted - all since June 12, 2002 BCC i hearing. (the RLS~' Overlay was the only amendment proposed to the FLUE at Transmittal heari] ~iati(~I~ r an~ttal2 2 2002 g.) DRA~ 1018/02 Protection of Private Property Riahts Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planninn It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: - An internally inconsistent Plan; Failure to reserve adequate right-of-way at time of zoning; ~i - Condemnation of land after zoning or after development in order to obtair~ adequate right of way; Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and - Progressive lowering of Level of Service Standards. ~, The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities are~ ITEM Text with underline is added, text with ctril:c-thrcugh is deleted - all since June 12, 2002 BCC Tr hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing 7 sm~ 22 ~ DRAFT 1018102 subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to lessen the impact on the transportation system. Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination W~s the 2015 Transportation Plan which forecasts future land use based on existing development, ~otential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as ~'ell as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with ~bublic acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zoning. Level of Service Standards. Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project-Specific Capacity Test. It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the provider, adjustment to the regulatory effort may be forced. For example, if the State Transportation allows a road to fall below its "funding" standard, (which is the same as Text with un_._derlin..____e is added, text with ctr;.!-.c-tk, rcugh is deleted - all since June 12, 2002 BCC mit~T 2 2 2002 hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) DRAFT 10/s/u2 "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; The Gounty may improve the road; - The private sector may improve the road; or - The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Riqhts The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning (C-1-C-5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning.. Within three years after Plan was adopted, all zoning was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses crc is permitted based upon specif c standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future Land Use Map series includes additional map series: · Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers · Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11) · Future Land Use Map - Natural Resources: Wetlands; · Future Land Use Map - Stewardship Area Overlay; · Future Land Use Map - Rural Lands Study Area Natural Resource Index Maps The following Future Land Use Maps are located in the Support Document: · Future Land Use Map - Public Facilities, which shows existing and planned public facilities; · Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); · Future Land Use Map - Natural Resources: Soils. Text with underline is added, text with ztri!:c-thrc'.:gh is deleted - all since June 12, 2002 BCC hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hear 9 AGENDA IT'EM OCT 2 2 2002 Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL' MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL- INDUSTRIAL DISTRICT C. RURAL- SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B..__~. Airport Noise Area Overlay C. Rural Lands Stewardship Area Overlay. (IV) D. Bayshore/Gateway Triangle Redevelopment Overlay OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. =GFJ~ITEM 2 2 2O02 Text with underline is added, text with ctri:'~c-thrc'-'-gk is deleted - all since June 12, 2002 BCC Tr hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing 11 Policy 3.1: D~ ;10/8/02 Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in part through integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code, and in part throu.qh implementation of the Rural Lands Stewardship Area Overlay. This shall also be accomplished throuqh regulations such as minimum open space and native veqetation preservation requirements, and/or throuqh incentives that encourage the use of creativn land use planninq techniques and innovative approaches to development in the County's Agricultural/Rural Desiqnated Area. (I)d. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller properties, definitions and establishment of an amortization schedule for non-conforming signs. The safe and convenient on-site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. Ensure the availability of suitable land for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public facilities and other Essential Services. Text with underline is added, text ' with ............ ug.. is deleted - all since June 12, 2002 BCC T~ hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearin 12 The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an inter-local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height st~ ,rJ~arrJ~ established by the Federal Aviation Administration. AC,~A ITEM ns' tW 2 2 2002 DRAFT 1018102 No development orders shall be issued which are inconsistent with the Growth Management Plan, except for where a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Program. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to GOodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selel Text with underline is added, text with ctr;.kc-thrzugh is deleted - all since June 12, 2002 BCC Trz hearing. (the RI.SA Overlay was the only amendment proposed to the FLUE at Transmittal hearing. 13 ,ITEM ,~ted ~ tsmittal OCT 2 2 2002 O) 1018102 time frame for completion. Policy 4.5: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4.6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Pa~rkway; and, g. Bonita Beach Road between Vanderbilt Drive and the we'1~t end of Little Hickory Shores #1. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any )hase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commis: un Text with underline is added, text with ~tr;.kc-thrcugh is deleted - all since June t2, 2002 BCC Tr; hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.', 14 ~smittal O~ ! OCT 2 DRAFT 1018102 new.. areas. Policy 5.6: · Permit the use of clustere~d residential development, hcuc:ng, Planned Unit Development techniques, mixe.~d use develo ment rural villa es new towns satellite communities transfer of develo ment rights, aqricultural and conservation easements~ and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encouraqe such innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoo~l, s. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living F!acility, and Nursing Homes, shall be permitted within the Urban Designated Area subject to the defilpitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the Iocational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in Policy 3.1 K, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Policy 5.11: Properties determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12 Properties rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial provision as adopted in Ordinance 89-05 in January, 198[ o:,~d~DA ITEM the~.uture deemed consistent with the Future Land Use Element. These properties are identified o ~ Text with underline is added, text with ~ is deleted - all since June 12, 2002 BCC Trm hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) 16 2002 Land Use Map Series as Properties Consistent by Policy. 10/8102 Policv $.13 The following properties identified by Ordinance #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; 99-33; and 2000-20; located in Activity Centers #1, 2, 6, 8, 11 8, 18 were rezoned pursuant to the Activity Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land Use Element not "in compliance". Those properties, identified herein, which have modified the boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element. Text with underline is added, text with ctrikc-tk_"cugh is deleted - all since June 12, 2002 BCC T: hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearin 17 OCT 2 2 2002 ansmittal DR~I' lo/8/o2 individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. I. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive of open space and conservation areas. z,~P 5 A GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT MAP (purposely omitted) VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT MAP (purposely omitted) HENDERSON CREEK MIXED USE SUBDISTRICT MAP (purposely omitted) (IV)¢Vl) DENSITY RATING SYSTEM. This Density Rating System is only applicable to areas designated'_. Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Aqricultural/Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housi a D~nRitv Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe ;ubd~~ smi~T 2 Tee ...... ;,~. ,,,,a,=~li,,~ i~ ~dded text with .~tril:c-thrczgh is deleted - all since June 12, 2002 BCC Tr~. h a~in"g'~'~t~'-'~ RLS~'~'"~'(5~e~r'iaY ~as the only amendment proposed to the FLUE at Transmittal hearing.] DRAb~ to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoninq If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Proximity to Mixed Use Activity Center or Interchanqe Activity Center If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 3. Affordable Housinq To encourage the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991 ). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. Additionally, the Affordable Housing Density Bonus may be utilized within the Aqricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.7.7 of the Land Development Code. Text with underline is added, text with ztri!:c-thrcugh is deleted - all since June 12, 2002 BCC Tr~ hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.i 28 4. Residential In-fill To encourage residential in-fill in areas with existing development, 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 10 acres or less in size; (b) At time of development, the project will be served by central public water E~nd s~C~lJFe'~,A ITEM 'sm~}[~m 2 2 2002 Dl~FT ~o~o2 (c) The project is compatible with surrOUnding land uses; (d) The property in question has no common site development plan with adjacent property; (f) There is no common ownership with any adjacent parcels; and (g) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 6. Transfer of Development Riqhts To encourage preservation/conservation of natural resources, density transfers are permitted within that portion of the Urban designated area subject to this Density Rating System. In no case Hc;ucvor, '~"""~*" shall density ncr be transferred into the Coastal ~ ........ * Hiqh Hazard Area from outside the Coastal M ........ * Hi.qh Hazard Area. ~ ........ ~ identified on the Lands lying seaward of the Coastal Hi.qb Hazard Boundary, Future Land Use Map, are within the Coastal ~ Hiqh Hazard Area. Density may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Con.qestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Density Conditions: C. ' densit condition a lies to all properties subject to the Density Rating System. The following y PP 1. Maximum Density 2~..~ 'l'he maximum permitted dlnsity shall not exceed 16 residential dwelling · ' e is added text with" ";' .... ~' .... g~ is deleted - all since June 12, 2002 BCC 'l]ranS4~P~l,~ Text w~th underline ................. ~ ..... arir[z ) hearing. (the RLSA Overlay was the only amendment Pr2o~osed to the FLUE at lransm,ttat ne (i) DRAFT lo/8/o2 k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering an0 enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. (VI)2. Research and Technoloqy Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, Iow environmental impact manufacturing industry - and non- industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research an~ Technology Parks shall be allowed as a subdistrict in the Urban - Industrial District subject to the criteria set forth under the Research and Technology Park Subdistrict in the Urban Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION Rural & Agricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural/Rural Big Cypress Area of Critical State Concern Conservation lands outside the Urban Boundary South Golden Gate Estates Excludes: All Urban designated areas Northern Golden Gate Estates The Settlement District The Assessment has been completed for these areas: The Aqricultural/Rural area encompassed by the Rural Lands Stewardship Area Overlay, which includes a portion of the Biq Cypress Area of Critical State Concern; The Conservation desiqnated lands within the Eastern (Rural) Lands Study Area, known as the Okaloacoochee Slouqh State Forest - which includes a portion of the Biq Cypress Area of Critical State Concern, and the Corkscrew Marsh CREW Trust Lands; and The Conservation desiqnated lands lyinq outside of both the Eastern (Rural) Lands Study Area and the Rural Frinqe Study Area, which includes the larqest portion of the Big Cypress Area of Critical State Concern. The Assessment, or any phase thereof, shall be a collaborative, community-based efforl Text with underline is added, text with stri!:c-th:-ough is deleted - all since June 12, 2002 BCC Tra hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) 3'7 With f A ITEM smi~T 2 2 2002 DRAFT 1018/02 and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches ~o development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and s~rvices. (I) Interim Development Provisions for the Agricultural/Rural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002 for the Rural Fringe. Area and b November 1 2002 for the balance of the Assessment Area. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect, the only land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service' into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housing (12 du/ac) and other uses directly related to the management of publicly-owned land, or one single family dwelling unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. OCT 2 2 2002 Text with underline is added, text with atr..:a-',l~rct:gh is deleted - ali since June 12, 2002 BCC T, n~rnitt~l hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) 38 15. Recreational Vehicle Parks DRAFT zo/8/o2 These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. (i) Natural Resource Protection Areas (NRPAs) The following areas shall be generally mapped and identified as Natural Resource Protection Areas (NRPAs): Camp, Kccic Strc.qd, CREW Lands, ~-.-~ ...... """ S!cugh, Belle Meade and South Golden Gate Estates. v .............. Natural Resource Protection Areas (NRPAs) are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shalt also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (I) 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 and densities are .ger:erally permitted m under this Dictrict Desiqnation~ subject to the Interim Development Provisions~, where applicable - but may n~t be permitted in all Districts and Subdistricts, and may be subiect to specific criteria, conditions1 developmer,[ standards; permitted densities may be creater, or lesser, than that stated below, in some District:; and Subdistricts. Alternatively, the Rura! Lands Stewardship Area Overlay contains specific; provisions for uses. intensities and residential densities for Stewardship Receivinq Area,,; participatin.q in the Stewardship Credit System. 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. · 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. ~ Text with underline is added, text with ctri!:e-th:-c:~,,~,l~ is deleted - all since June 12, 2002 BCC hearing. (the RLSA Overlay was the only amendn~ent proposed to the FLUE at Transmittal heari ho (v) o. DRAFT 1018102 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 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 as principal uses, within the Rural Commercial Subdistrict, based upon the. criteria set forth therein; 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 Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of 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. (I) A. A,qricultural/Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for Iow density residential development, and other uses identified under the Agricultural/Rural Designation. These areas generally lack public facilities and services. 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. Residential uses are allowed as fc!!c:-:s listed below, subject to the Interim Development Provisions: a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record., b. Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support .... I,~,-,~ ~ .... ~ .... +~ ..... ;*~' conservation uses~ at Development Code; Group housing uses subject to the foiiowinq density/intensity limitations: "* · Family Care Facilities: I unit per 5 acres; · Group Care Facilities and other Care Housinq Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. Staff housing as may be incidental to, and in support of, in ccnjur, ct!cn '::!th safety service facilities and essential services,.."* ." donsity ~'~,,, ~',c'-'''-'~vv. ~, .vv ....... ..,...;*~- *~-"'...v ~..' ""'d Dcvclcpmcr. t Code; Farm labor housing limited to 10 acres in any sinqle location: ' -,~-,"- Housing ..... ~"~"" ~'' *~'" ' .,n,~ Devclcpmcnt Cede; · Sinqle family/duplex/mobile home: 11 dwellinq units per acre; · Multifamily/dormitory: 22 dweidn.q units/beds per acre. Text with underline is added, text with ctril:e-th:'cugh is deleted - all since June 12, 2002 BCC T~ hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing 4O OCT 2 2 2002 nsmittal go DRAFT 10/8/02 Sportinq and Recreation camps within which the tod.qin.q component shall not exceed 1 cabin/Iodqinq unit per 5 qross acres; as ~,',~,c~ ~,- .,,.,,4 .,, ,~,,, ,4"""~b~' "" ..... .4 ~,, ,~,,, Land Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size: b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commerc;al area or designated Mixed Use Activity Center; c. The proposed uses are limited to !~ 0~3. retail, and personal services intended to serve the rural population and the traveline .:c~¢~ic. and are identified as arc those uses permitted in the C-1, C-2 and C-3 Zoning Dist~,c~s of the Land Development Code; d. Commercial intensity shall not exc ~:>:J 10.000 square feet of .qross leasable floor area per acre: d~e_. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and ~..f_. The project is buffered from adjacent properties. '(I) B. Rural-Industrial District The Rural - Industrial District, which encom::asses approximately 600 acres of existing industrial areas outside of Urban designated areas, i~- ~::tended, and shall be reserved, for industrial type uses, subject to the Interim Development F :'ovisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shal! be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. Hiqh technoloqy; .q. Laboratories; h. Assembly: i. Computer and data processinq: Text with underline is added, text with strihc-th,: ugh is deleted - all since June 12, 2002 BCC T~ hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearin 45 ~:J~DA IIFM OCT 2 2 2002 ~nsmP~al Designation Description Section: a, D R/~-'~ 10/8/02 For privately held lands, Ssingle family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Preserve. This Plan does not allow residential densiW on publicly owned lands. For publicly and privately held lands, Ddormitories, duplexes and other staff types of housing, as may be incidental to, and in support ofLprc'';'~'''~.,~w ,,.~ .... vv,.,~,.v..v..~ .... 'I ..... ..,.,,""' conservation uses, aha , .,,,~ n,.v,,i,.,,.,m,,n~ o,,,~.~. ,.~,.,,.,.-.;,,, i ...... ,4 ....... i,~ *~,.-,* ~..,,...,.,i**.-,,~ ;,, *ko .......... ~v ~,~r., v . , Gro Coda-~subiect to the fo owin.q density/intensity limitations: · Family Care Facilities: 1 unit per 5 acres; · Group Care Facilities and other Care Housinq Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45; ,-Ia Farm Sportinq and Recreational camps incident~l to Conservation uses on public lands; or, on privately held lane;s, within which the od.qinp component shall "o d'''*~'''''~ .,, ..... ~ ~,,, ~,,-, ~ .~,~ Dsvdopmsnt r',-,~,~ not exceed 1 unit per 5 qross acres; Habitat preservation and conservation uses: Passive Pparks, ~ and other passive recreational uses; CO ................. tho St,?,t~ ~o~rd of £duc~t!om ~,,,i.,,~ uses, such ~s restaurant I Itili~-~, ,~nrl ,.-,.'.,mm, ,ni,',,~'ir, n ~,-, ~h ' ; · Agdcu!tura Aqricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Riqht to Farm Act); Essential Services necessa~ to serve permitted uses identified in Section a throu.qh .q above such as the followinq: private wells and septic tanks; utility lines, except sewer lines; sewer lines and lift stations, only if located within non-NRPA Conservation Lands, and only if located within already cleared portions of existinq riqhts-of-wa¥ or easements, and if necessary to serve a publicly owned or privately owned central sewer system providinq service to urban areas; and, water pumpin.q stations necessary to serve a publicly owned or privately owned central water system providin.q service to urban areas. Essential services necessary to ensure public safety; Oil extraction and related processinq. Where practicable, directional-drillinq techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to nati~ ~- hahitat.q jo ko ~h i) i) Text with underline is adcled, text with stri!'.c-tSrc::g!: is deleted - all since June 12, 2002 BCC T hearing. (the RLSA Overla.v was the only amendment proposed to the FLUE at Transmittal hearin 43 DRAFT ~o/s~o2 The followinq uses may be permitted as Conditional Uses: a) The followinq uses are conditionally permitted subiect to approval throuqh a public hearing process: (1) Essential services not identified above in Paraqra.qh h. Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Conservation desiqnated lands. Durinq this one-year period or if necessary until a comprehensive plan amendment identifyinq conditionally permitted essential services, no conditional uses for essential services within Conservation desiqnated lands shall be approved. (2) Staff housin.q in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code, as it existed on June 19, 2002. (3) Commercial uses accessory to permitted uses e, f and q above, such as retail sales of produce accessory to farmin.q, or a restaurant accessory to a park or preserve, so Ion.q as restrictions or limitations are imposed to insure the commercial use functions as an b) accessory, subordinate use. In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subiect to the followinq additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required ElS as specified in the Conservation and Coastal Manaqement Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to ti:e conditional use. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Co~eland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: ao Site Alteration Site alteration shall be limited to 10% of the total site size, and installatior~iof non-permeable surfaces shall not exceed 50% of any such area. Howeve¥, a minimum of 2,500 square feet may be altered on any permitted site. Any non-permeable surface greater than 20,000 square,feet shall provide for release of surface run off, collected or uncollected, in a manner ap~oximating the natural surface water flow regime of the area. \ Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Text with underline is added, text with ~,~;' .... ~- .... ............ ,,.h is deleted - all since June 12, 2002 BCC Tra hearing. (the RLSA Overlay was the only amendme~t proposed to the FLUE at Transmittal hearing.'. 44 AGENDA ITEId do go DRAFT 1018/02 Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a marker approximating the natural flow regime and designed to accommodate the 50 year stor~n. Fill areas and related ponds shall not substantially retain or divert the total flow in ~)r to a slough or strand or significantly impeded tidal action any portion of the estuarine zone. ~an-made lal~.bs, ponds, or other containment works shall be constructed with a maximum slope of 30 de~grees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except t~at whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. Finger canals shall not be constructed in the Critical Area. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or pedormance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. Text with underline is added, text with 3tri!'~c-thr:~%;h is deleted - all since June 12, 2002 BCC Tran hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing.) 45 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide f°r passage °f l[reall~~ strand, or slough water through the use of bridges, culverts, piling construction . ittdCT 2 2 21 2 DI~,~ 1018102 performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any' structure shall meet additional Federal Flood b. Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. d. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for' Areas of Critical State Concern". C~. B. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the NaPles Municipal Airport. C. Rural Lands Stewardship Area Overlay INSERT THE RLSA OVERLAY HERE - Consists of 1 Goal, 1 Objective, $ Groups of Policies, and 3 Attachments. (The RLSA Overlay Map and Natural Resource Index Maps become part of the Future Land Use Map Series.) D. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Text with underline is added, text with ~ak-~*-4hv,~4~ is deleted - all since June 12, 2002 BCC Tr. hearing. (the RLSA Overlay was the only amendment proposed to the FLUE at Transmittal hearing 46 asmittal OCT 222002 T 40 S T 62S 1 NOTE: This entire document is an addition to the FLUE. However, since the version approved by the BCC on June 12, 2002 for Transmittal to DCA did not use underline/strikethrough format, aH changes in this document made since Transmittal are reflected by single underline and single Collier County Rural Lands SteWardship Area Growth Management Plan Goals, Objectives and Policies Adopted for Transmittal by the Board of County Commissioners June 12, 2002 Revised in response to DCA ORC Report DRAFT Goal Collier County seeks to address the long-term needs of residents and property owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment. Collier County's goal is to protect agricultural activities, to prevent the premature conversion of agricultural land to non-agricultural uses, to direct incompatible uses away from wetlands and upland habitat, to enable the conversion of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques. Objective To meet the ...... ~,,v,,,' gGoal_ described above, Collier County's objective is to create an incentive based land use overlay system, herein referred to as the Collier County Rural Lands Stewardship Area Overlay, based on the principals of rural land stewardship as defined in Chapter 163.3177(11), F.S. The Policies that will implement this Goal and Objective are set forth below in groups relating to each aspect of the Goal. Group 1 policies describe the structure and organization of the Collier County Rural Lands Stewardship Area Overlay. Group 2 policies relate to agriculture, Group 3 policies relate to natural resource protection, and Group 4 policies relate to conversion of land to other uses and economic diversification. Group 5 are regulatory policies that ensure that land that is not voluntarily included in the Overlay by its owners shall nonetheless meet the minimum requirements of the Final Order pertaining to natural resource protection. Group 1: General purpose and structure of the Collier County Rural Lands Stewardship Area Overlay.. ,metieies Policy 1.1 To promote a dynamic balance of land uses in the Collier County Rural Lands Stewardship Area (RLSA) that collectively contribute to a viable agricultural industry, protect natural resources, and enhance economic prosperity and diversification, Collier County hereby establishes the Cclllc; Cc~nt'/Rural Lands Stewardship Area Overlay (Overlay). The Overlay was created throuqh a collaborative community based plannin,q process invoIvinq county residents, area property owners, and representatives of community and .qovernmental or.qanizations under the direction of a citizen oversiqht committee. TAL#_525866..06 10/11/200; Words underlined are additions, word struck through are deletions from the Goal~ and Policies adopted by the Board of County Commissioners on June 12, 2002. ~:~T 2 2 20Q2 Objectives ~ 2 Policy 1.2 The Overlay protects natural resources and retains viable a.qriculture by oromotin.q compact rural mixed-use development as an alternative to Iow-density sin.tile use development, and provides a system of compensation to private property owner~ for the elimination of certain land uses in order to rotect natural resources and viable aqriculture in exchanqe for transferable credits that can be used to entitle such compact development. The strateqies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177 (11~ F.S. __The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. Policy 1.3 This Overlay to the Future Land Use Map is depicted on the Stewardship Overlay Map (Overlay Map) and applies to a!! "';'"'*"' ........ '~ rural designated lands located within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order . No. AC-99-002. :T-~_The RLSA generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line, and includes a total of approximately 195,4~846..acres, of which approximately 182,334 acres is privately owned (Ovcr!ay Arca). The Overlay Map is an adopted overlay to the Future Land Use Map (FLUM/. Policy 1.4 Except as provided in Group 5 Policies 5.1 th;cugh 5.3, there shall be no change to the " -, .... ,+,, of land within the underlying density~ and intensity of permitted uses and (;~,e~-A~3RLSA., as set forth in the Baseline Standards, as defined in Policy 1.5 unless and until a property owner elects to utilize the provisions of the Overlay. It i~ the intent of the Overlay that a property owner will be compensated for the voluntary stewardship and protection of important agricultural and natural resources. Compensation to the property owner shall occur through one of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less than fee interest in the land, or through other acquisition of land or interest in land through a willing seller program. Policy 1.5 As referred to in these Overlay policies, Baseline Standards are the Ppermitted uses, density, intensity and other land development regulations assigned I.o land in the Ovcr!=y Ar.e~RLS .A.. by the Cc!!~cr r, .... *', Grc;;'th .M~r. agcmcr, t PI=,-.GMP, Collier County Land Development Regulations and Collier County Zoning Regulations thet-were-in effect prior to the adoption of Interim Amendments and Interim Development Provisions ,;;h!ch · . ..... ,~ :,,,,-,~ .... *--'-,*~ ..... *~'" ct=3 referenced in Final Order AC-99-002, hcrc!n rcfcrrcd tc =c b=cc~!r.o -_.t=ndard=, The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for 1 O/11/200: TAL~25866 ..06 Words underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. - ITEM 2 2 2Q02 Objectives 3 in Group 5 Policies 5.1 ""'~ = '~ No part of the ~ .... ~-,, ........ - .....· program Stewardship Credit System shall be imposed upon a property owner without that owners consent. Policy 1.6 Stewardship Credits (Credits) are created from any lands within the r~ .... '"" .^,rcaRLSA that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas or SSAs. All privately owned lands within the Ovcd:;,' ArccRLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which acknowledges the property owners request for such designation and assigns Stewardship Credits or other compensation to the owner for such designation. Collier County will update the Overlay Map to delineate the boundaries of each approved SSA. Such updates Desi,qnation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. A Stewardship Agreement shall be developed that identifies those. allowable residential densities and other land uses which remain. Once land is designated as a SSA and Credits or other compensation is granted to the owner, no fu,"thcr increase in density or additional uses unspecified in the SSA Stewardship Aagreement shall be allowed on such property. Policy 1.7 The range of Stewardship Credit Values is hereby established using the specific methodology set forth on the Stewardship Credit Worksheet (Worksheet), incorporated herein as Attachment A. This methodology and related procedures for SSA desiqnation will also be adopted as part of the Stewardship Overlay District in the Collier County Land Development Code (LDC). Such procedures shall include but not be limited to the followinq: (1) all Credit transfers shall be recorded with the Collier County Clerk of Courts; (2) a covenant or perpetual restrictive easement shall also be recorded for each SSA, shall run with the land and shall be in favor of Collier County, Department of Environmental Protection, Department of Aqriculture and Consumer Services, South Florida Water Mana.qement District, or a recognized statewide land ~rust; and (3) for each SSA, the Stewardship Aqreement will id'~ntify the specific lan~mana.qement measures that will be undertaken and the party responsible for suc'l~ measures. Policy 1.8 ~^ .... ~;~ ....*;~*"'~ ~'~""'~ '"" tThe natural reso~Jrce value nf *~--, land within the RLSA is as-measured by the Stew~'rdship Natural Resource Stc':;=rdchlp Index (Index) set forth on the Worksheet. The Index establishes the relative natural resburce value by obiectively measurinq six different characteristics of land and assi.qninq an index factor based on each characteristic. The sum of these six factors is the Index value for tho land. Both the characteristics used and the factors assiqned thereto were established after review and analysis of detailed information about the natural resource attributes of land within the RLSA so that development could be directed away from important natural resources. The six characteristics measured are: Stewardship Overlay Designation, Sendinq Area Proximity, Listed Species Habitat, Soils/Surface Water, Restora ion AGENOA ITEM TAL_~525866=06 10/11/2002;7:1! Words underlined are additions, word struck through are deletions from the Goals, O1: and Policies adopted by the Board of County Commissioners on June 12, 2002. ^M OCT 2 212002 ectives . la/ 4 Potential, and Land Use/Land Cover._,,_--"~.~"' '~'e.,, _.~. ........., ~,, ,... ,.;'-;,,,,~ .... .. ,, ?'",,~ ,_,,.'""~ ~"",v,.v..,, ,~;"" thc *-~""~"- '''~ Policy 1.9 A Natural Resource Index Map Series (Index Map Series) for all land within the RLSA. Credits from any lands designated as SSAs, will be based upon the Natural Resource Index values in effect at the time of designation. Any change in the ,".",?.t';rcl rcccurcc characteristics of land due to alteration of the land prior to the establishment of a SSA that either increases or decreases any Index Factor will result in an adjustment of the factor values and a corresponding adjustment in the credit value. The Index and the Index Map Series are adopted as a part of the RLSA Overlay. Policy 1.10 ~ In SSAs, the reater the number of uses eliminated from the property, and the higher the natural resource value of the land, the higher the priority for protection, the greater the level of Credits that are generated from such lands, and therefore the greater the incentive to participate in the Overlay and protect the natural resources of the land. Policy 1.11 The Land Use Matrix, Attachment B, lists Muses and activities allowed under the A, Rural Aqricultural Zoninq District within the Overlay. These uses --are grouped together in one of eight separate layers in the Matrix. Each layer is discrete and cc,", bc selected for by th ~, ......... ~ ...... shall be removed sequentially and rctcnticnv. ......... ,~,,,~,~,' c ~.., ,~, ....... , ........... ,..,, ~ cumulatively in the order presented in the Matrix, starting with the residential layer (layer one) and ending with the conservation layer (layer eight). If a layer is removed, all uses and activities in that layer are eliminated and are no longer available to *~,, ,~ ....... ~-, ~r-~, *".~ ewP, er. Each layer is assigned a percentage of a base credit in the Worksheet. The assigned percentage for each layer to be removed is added together and then multiplied by the ,Nct,~'rc! Rc$curcc Stcw~rdsh!p Index value on a per acre basis to arrive at a total Stewardship Credit Value of the land being designated as a SSA. Policy 1.12 Credits can be transferred only to lands within the 4~,er4ey-A~eeRLSA that meet the defined suitability criteria and standards~ whieh-a~e-set forth in Group 4 Policies-4-.~ *h ..... ~' '~ ~ ~ Such lands shall be known as Stewardship Receiving Areas or SRAs. Policy 1.13 The procedures for the establishment and transfer of Credits and SRA designation are set forth herein and will also be adopted as a part of a Stewardship District of the LDC (District). LDRs creatinq :lethe District will be adopted not !=tcr th=,", cf× me,thc within one (1) year efter-from the effective date th=t of this Plan amendment.the~ Policy 1.14 Stewardship Credits will be exchanged for additional residential or non-residential entitlements in a SRA on a per acre basis, as described in Policy 4.18~. Stewardship AGEN~TEM TAL~525866,06 10/11/2002;7 19 ARET 2 2 2002 Words underlined are additions, word struck through are deletions from the Goals, ( bjec"hves Policies adopted by the Board of County Commissioners on June 12, 2002. ~'~. and 5 density and intensity will therefereafter differ from the bBaseline 6S_tandards_. dcnsL'y cf Grcwth ,M=n:gcmcnt,DI'~"',.,. /~aD~,_,.,,/---'Th'"'-' assignment or use of Stewardship Credits shall not require a Grc::~h,.,...,ha ........ ,..~,,,.~, ,.* P!anGMP Amendment. Policy 1,15 Land becomes desi.qnated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approvin.q the petition by the property owner seekin.q such desiqnation. Any change in the residential density or non-residential intensity of land use on a parcel of land located within a SRA shall be specified in a-the resolution '.':h!ch reflectsin_.g the total number of transferable Credits assigned to the parcel of land. Density and intensity within the-~ve~ay-A~$aRLSA or within an SRA shall not be increased beyond the dcns!b/ Standards except through the ucc cf thc Ovcd-"-y =ndprovisions of the Stewardship Credit System, the Affordable Housinq Density Bonus as referenced in the Density Ratin,q System of the FLUE, and the density and intensity blendinq provision of the Immokalee Area Master Plan. Policy 1.16 Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(I). Policy 1.17 Stewardship Credits may be transferred between different cwncrc parcels or within uti!!."cd bt,' a single parcel c';;ncr/"'"~v,~.v,'~'*"-;"'"'~,, ,~, subject to compliance with all applicable provisions of these policies. Residential clusterinq shall only occur within the RLSA throuqh the use of the Stewardship Credit System, and other forms of residential clusterinq shall not be permitted ^" r-,...~, o .... ~ .... ~...,, ~. ...... ~..~ ,.,~,~ .... r.,...~,... OU, ,,.~ ....................... ~, · · i-,~, t-, ....................................... rcccrded ~ ..... ~, ~e^. ,.,~,~,,~, *h .... ,~'.*,- h .... ~'""" * .... ~ .... M, ' .... ~ ..... ~'~' thc ,.,ill ~,,, ~,,-+~,~.'~,~,~ *~,-,* ,.,m i,~,,,..'~,, .~,,~ SpCC!f!C ~""'~ ..~.~..~.C~t ........ .~,,,. ,.,a. Policy 1,18 A blend of Local, State, Federal and private revenues, such as but not lirflited to Florida Forever, Federal and State conservation and stewardship programs, foundation grants, private conservation organizations, local option taxes, general county revenues, and other monies can augment the Stewardship program through the acquisition of conservation easements, Credits, or land that is identified as the highest priority for natural resource protection, including, but is not limited to, areas identified on the Overlay Map as Flow way Stewardship Areas (FSAs), Habitat Stewardship Areas AGENDA I'IT:J~4 TAL#525866.06 lO/11/2002 Wo~ds underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. 0CT 2 2 2002 c jec l.es 6 (HSAs), Water Retention Areas (WRAs) and land within the Big Cypress Area of Critical State Concern (ACSC). Policy 1.19 All local land or easement acquisition programs that are intended to work within the Gtewa,~sh~RLSA Overlay shall be based upon a willing participant/seller approach. It is not the intent of ~ollier County to use eminent domain acquisition within this system. Policy 1.20 The County may elect to acquire Credits through a publicly funded program, using sources identified in Policy 1.18. Should the County pursue this option, it shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within Stewardship Receiving Areas. Policy 1.21 The incentive based Stewardship Credit system relies on the proiected demand for Credits as the primary basis for permanent protection of flovvways, habitats and water - retention areas. The County recognizes that there may be a lack of significant demand for Credits in the early years of implementation, and also recoqnizes that a public benefit would be realized by the early desiqnation of SSAs. To address this issue and to promote the protection of natural resources, the implementation of the Overlay will include an early entry bonus to encourage the voluntary establishment of SSAs within the G, ve~ey-/~r, eaRLSA. The bonus shall be in the form of an additional eRe-one-half Stewardship Credit per acre of land designated as a FSA, HSA or WRA located outside of the ACSC. The early entry bonus shall be available for three years from the effective date of the adoption of the O .... ~,-~, Stewardship District in the LDC.~ un!ccc ,-,v,,..,.,4..,4 ~,, ,~,-, ~r-r- ..~,~ ..~,..,, ,-,~, "'""'~" to t,...,4 .... ,..;,4,-, ,-.~ ,~.,. ^c,~r- The early desiqnation of SSAs, and resultinq protection of flowways, habitats, and water retention areas does not require the establishment of SRAs or otherwise require the early use of Credits, and Credits ,qenerated under the early entry bonus may be used after the termination of the bonus period. The maximum number of Credits that can be qenerated under the bonuu is 21,200 Credits, and such Credits shall not be transferred into the ACSC. Policy 1.22 The RLSA Overlay was desiqned to be a Ion.q-term strateqic plan with a planning horizon year of 2025. Many of the tools, techniques and strateqies of the Overlay are new, innovative, incentive based, and have yet to be tested in actual implementation. A comprehensive review of the E,~,ewa,'~sh~f~verlay shall be prepared for and reviewed by Collier County and the Department of Community Affairs upon the five-year anniversary of the adoption of the Ovcr!:~,' ~District in the LDC. The purpdse of the review shall be to assess the participation in and effectiveness of the Oveday implementation in meeting the Goal, Objective and Policies set forth herein. The specific measures of review shall be as follows: 1. The amount and location of land designated as FSAs, HSAs, WRAs and other SSAs. 2. The amount and location of land designated as SRAs. 10/11/20 TAL#_525866..06 Words underlined are additions, word struck through are deletions from the Goal., and Policies adopted by the Board of County Commissioners on June 12, 2002. ;7:19 AM ~ Obiectives 'P~,,_ 7 3. The number of Stewardship Credits generated, assigned or held for future use. 4. A comparison of the amount, location and type of Agriculture that existed at the time of the Study and time of review. 5. The amount, location and type of land converted to non-agricultural use with and without participation in the Stewardship p:c;:=m Credit System since its adoption. 6. The extent and use of funding provided by Collier County and other sources of Local, State, Federal and private revenues described in Policy 1.18. 7. The amount, location and type of restoration through participation in the ~* ...... ~'~;~' ~ .... ' ........ '~'"' Stewardship Credit System since its adoption. 8. The potential for use of Credits in urban areas. Group 2 - Policies to protect agricultural lands from premature conversion to other uses and continue the viability of agricultural production through the Collier County Rural Lands Stewardship Overlay. Policy 2.1 Agriculture lands will be protected from premature conversion to other uses by creating incentives that encourage the voluntary elimination of the property owner's right to convert agriculture land to non-agricultural uses in exchange for compensation as described in Policy 1.4 and by the establishment of SRAs as the form of compact rural development in the RSLA Overlay. Thc fcrm'd!~ for dctcrmining thc Stcwcrdship Crcdit ,,.~, ,,-, ;,. o,-,+ ~,-,~, ;,~ +~,~ ~, ...... ,4,.~,;,-, ~,,~,4;+ Wcrkchcct. Analysis has shown that SRAs will allow the proiected population of the RLSA in the Horizon year of 2025 to be accommodated on approximately 10% of the acreaqe otherwise required if such compact rural development were not allowed due to the flexibility afforded to such development. The combination of stewardship incentives and land efficient compact rural development will minimize two of the primary market factors that cause premature conversion of a.qriculture. Policy 2.2 Agriculture lands protected through the use of Stewardship Credits shall be designated as Stewardship Sending Areas (SSAs) as described in Policy 1.6. The protection measures for SSAs are set forth in Policies 1.61 1.7 and 1.17. Policy 2.3 -~""' v.,' .... ,v ~,, ~v~v'~r'r"~, Within one (1) year from the effective date of these amendments, Collier County will establish an Agriculture Advisory Council comprised of not less than five ncror more than nine appointed representatives of the agriculture inddstry, to advise the BCC on matters relating to Agriculture. The Agriculture Advisory Council (AAC) will work to identify opportunities and prepare strategies to enhance and promote the continuance, expansion and diversification of agriculture in Collier County. The AAC will also identify barriers to the continuance, expansion and diversification of the agricultural industry and will prepare recommendations to eliminate or minimize such barriers in Collier County. The AAC will also assess whether ~xceptions from standards for TAL_~525866._06 10/11/2002 Words underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. Ibjectives //p~ 8 business uses related to agriculture should be allowed under an administrative permit process.....,v~."' '~';""' *.v ..... ~........v~';" ~._.,-*'-"'~""~,.__. ~-- and make recommendations to the BCC. Policy 2.4 The BCC will consider the recommendations of the AAC and facilitate the implementation of strategies and recommendations identified by the ACC that are determined to be r,.'~,',. ,; r,-.,,-I appropriate. The.BCC may adopt amendments to the LDC that m:y ~'~' implement policies that support agriculture activities. Policy 2.5 e; ...... ;,-, ,,+ .... Agriculture is .... ~' ~,~ important aspect of Collier County's quality of life and economic well-being.~,~,.v..... v-,'--;"' '~* .... ; ..... - ~..v.~,.~-' .... '~ -v.....,"~'+;"~" ,.. ~' t~'~',,~ Rurc!/.~.gr~cultur=! D!:tr!ct and A.qricultural activities shall be protected from duplicative regulation as provided by the Florida Right-to-Farm Act. Policy 2.6 Notwithstanding the special provisions of Policies 3.9~- and 3.@1._~0, and 3. !0, nothing herein, ,nor o._.cr in the implementing LDRs, LDC Di:tdct shall restrict lawful agricultural activities on lands within the ~.~y-A~-ea.RLSA that have not been placed into the Stewardship program: by, ~.~ .......... ~,, ~-~, ,j ........ Group 3 - Policies to protect water quality and quantity and maintain the natural water regime, as well as listed animal and plant species and their habitats by directing incompatible uses away from wetlands and upland habitat through the establishment of Flow way Stewardship Areas, Habitat Stewardship Areas, and Water Retention Areas= where lands are voluntarily included in the Rural Lands Stewardship Area proqram. Policy 3.1 Protection of water quality and quantity, and the,.,,~,,'"'"~"*";";"",.,~,, ,,, ,~ maintenance of the natural water regime shall occur through the establishment of Flow-way Stewardship Areas (FSAs), as c tcc!SSAs within the Stewer-~,h~-RLSA Overlay Syctcm. FSAs are delineated on the Rura!~-~,'''''~'',-~ ~.~..~, ~* ...... '~-;'-~.., ,,~. Overlay Map and contain approximately 3~, ,v~--r'n'~ 311100 acres. FSAs are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee S ouqh. These lands form the primary wetland flow-way systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated FSAs are comparable in terms of their natural resource value; therefore the Index shall be used to differentiate hiqher va~lue from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Serie~ shows that FSA lands score within a range of 0.7 to 2.4; approximately 96% score greater than 1.2 while 4% score 1.2 or less. The average Index score of FSA land is 1.8. Policy 3.2 Listed animal and plant species and their habitats shall be protected through the establishment of Habitat Stewardship Areas (HSAs), as a too~SSA.s., within the TAL#525866..06 10/11/2002;7:' Wo~ds underlined are additions, word struck through are deletions from the Goals, OI and Policies adopted by the Board of County Commissioners on June 12, 2002. AMOCT 2 2i2002 }ectives 9 ~.v.._,e' ...... '~"~';"wv, ,,~. RLSA Overlay-System. HSAs are delineated on the ~ S~,va,~-Oveday Map and contain approximately 36,000 40,000 acres. HSAs are privately owned a.qricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiquous to habitat and help form a continuum of landscape that can auqment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credit~ resultin,q in the elimination of incompatible uses and the establishment of protection measures described in Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat value; therefore the Index shall be used to differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that HSA lands score within a ranqe of 0.6 to 2.2. There are approximately 13,800 acres of cleared agricultural fields located in HSAs. The averaqe Index score of HSA desiqnated lands is 1.3, however the averaqe index score of the naturally vegetated areas within HSAs is 1.5. Policy 3.3 Further protection for surface water quality and quantity shall be through the establishment of Water Retention Areas (WRAs), as RLSA Overlay Systcm. WRAs are delineated on the R'.:ra! Lands Stewardship Overlay Map and contain approximately 18,000 18,200 acres. WRAs are privately owned lands that have been permitted by the South Florida Water Manaqement District to function as a.qricultural water retention areas. In many instances, these WRAs consist of native wetland or upland veqetation; in other cases they are excavated water bodies or may contain exotic veqetation. The Overlay provides an incentive to permanently protect WRAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated WRAs are comparable in terms of their natural resource value; therefore the Index shall be used to differentiate hiqher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that WRA lands score within a ranqe of 0.6 to 2.4; approximately 74% score qreater than 1.2 while 26% score 1.2 or less. The averaqe Index score of WRA land is 1.5. Policy 3.4 Public and private conservation areas exist in the RLSA and serve to protect natural resources. Corkscrew Marsh and Okaloacoochee Slouqh State Forest include approximately 131500 acres. Analysis shows that the.~ score within an Index ranqe of 0.0 to 2.2; with an average Index score of 1.5. Because tl~ese exist n.q publ c areas, and any private conservation areas, are already protected, they are not delineated as SSAs and are not eliqible to qenerate Credits, but do serve an important role in meefinq the Goal of the RLSA. ~;+k~.een~., ~ - ~;~cor~cr2+C~,,,;+h;~ eoA .... k;~++~+k~U~;+~+; .... *_~,, ~D~Uc"~ 4~ I ~.~ ow~or TAL{5258~,~ 10/11/2m Words under{ined are additions, word struck through are deletions from the Goa{i and Policies adopted by the Board oi Goun~ Gommiss}oners on Oune 12, 2002. 2 2 200 Z Objectivesl:,g. ~0 ~ 10 6uch ~"":.~ .... aSS:~.qS ............ ~. ............. fcr .... ~' Policy 3.5 Residential uses, General Conditional uses, Earth Mining and Processing Uses (except as provided in Policies 3.6 and 3.7bclcw), and Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in FSAs in exchange for compensation to the property owner as described in Policy 3.:7-8_. Other layers may also be eliminated at the election of the property owner in exchar~e for compensation. The elimination of the Earth Mining layer shall not preclude the e~cavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within a FSA. Policy 3.6 Residential L_~nd .uUses (a~eye,~qisted in the Matrix shall be eliminated in Habitat Stewardship Sending Areas in exchange for compensation to the property owner as described in Policy 3.7-8_. Other layers may also be eliminated at the election of the property owner in exchange for compensation. Policy 3.7 General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. In addition to the requirements imposed in the LDC for approval of a Conditional Use, such uses will only be approved upon submittal of an ElS that cc,.,~,;.-,--,, ............ ~ by r-,,,,... County '"~'~"~' '~ ..... *rates which demunstrates clearing of native vegetation has been minimized, and that such th__~e uses will not significantly and adversely impact listed species and their habitats, and the use will not siqnificantly and adversely impact aquifers~.., or that As an alternative to the fore.qoin.q, the applicant may demonstrate that ssuch uses is-is an integral part of an approved restoration or mitigation program..-wi~:A~M=lS~-. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's ~Gold Program and the Florida Department of Environmental Protection. Compliance with the following ,~_~:~ed-standards shall be considered by Collier County as meeting the requirement for minimization of impact: · Clearing of native vegetation shall not exceed a01_.~5% of the native vegetation on the parcel. · Areas previously cleared shall be used preferentially to native vegetated areas. · Buffering to Conservation Land shall comply with Policy 4.13. ,,- *~-.- ~'"'""-- County fast ~,..,.u I .... ,;,," process acquisition of land or interest in land through a willing seller program. Policy 3.7-8_ Compensation to the property owner ch=!! may occur through one or more.of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less than fee interest in the land, or t rnllgh otheI' 10/11/2002 TAL#525866.06 Wo~ds underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. OCT 2 2 2002 ':19 AM .,.~ ~ 11 Policy 3.9 A.qriculture will continue to be a permitted use and its supporting activities will continue tn be permitted or conditional uses within FSAs and HSAs, pursuant to the A.qriculturo Group classifications described in the Matrix. The Ag 1 group includes row crops, citrus, specialty farms, horticulture, plant nurseries, improved pastures for grazing and ranching, aquaculture and similar activities, including related agricultural support uses. In existing Ag 1 areas within FSAs and HSAs, all such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable permits. Once the Stewardship Overlay is utilized and an owner receives compensation as previously described, no further expansion of Ag 1 will be allowed in FSAs and HSAs beyond existing or permitted limits within property subject to a credit transfer. Policy 3.10 Ag 2 includes unimproved pastures for grazing and ranching, forestry and similar activities, including related agricultural support uses. In existing Ag 2 areas within FSAs and HSAs, such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable permits. Once the Stewardship Overlay is utilized and an owner receives compensation as previously described, no further expansion of Ag 2 or conversion of Ag 2 to Ag 1 will be allowed in FSAs or HSAs beyond existing or permitted limits within property subject to a credit transfer. Policy 3.11 In certain locations there may be the opportunity for flow-way or habitat restoration. Examples include, but are not limited to, locations where flow-ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall be qiven to restoration within the Camp Keais Strand FSA or contiquous HSAs. Should a property owner cf c',.:'ch ~,",d be willing to dedicate land for restoration activities within the Camp Keais Strand FSA or contiquous HSAs, ,four additional Stewardship Credits shall be assigned ~ ..... *,',-~*~ ..... i ........... bacicfor each acre of land so dedicated. An additional two Stewardship Credits shall be assiqned for each acre of land dedicated for restoration activities within other FSAs and HSAs. The actual implementation of restoration improvements is not requ~ed for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also ';c!untccr to undertake complete restoration improvements, this ma:,' shall be rewarded with four additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizin.q said restoration.~ This policy does not preclude other forms of compensation for restoration which may, or be addressed through public-private partnersh 3 aareemept TAL_~525066_.06 10/11/2002 7:19~1;T 2 220p2 Words underlined are additions, word struck through are deletions from the Goals rbjective?~)(~ and Policies adopted by the Board of County Commissioners on June 12, 2002. 12 such as a developer contribution agreement or stewardship agreement between the parties involved. r.c~tcr~t~c.", 'MthL". FS,~,~, HS'~-~ ~.",d thc C~mp Kc=!~ Str~.",d. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDO, Policy 3.-1-a1_.~2 Based on the data and analysis of the Study, FSAs, HSAs, a-r~-WRAs~ public/private conservation -land include the land appropriate and necessary to accomplish the "~'~""+i'"~n~ p~rtaininq to natural resource protection.. To further direct other uses away from and to provide additional incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand, all land within 500 feet of the delineated FSAs that comprise the Slough or Strand that is not otherwise included in a HSA or WRA shall receive the same natural index score (.5) that a HSA receives if such property is designated as a SSA and retains only agricultural, recreational and/or conservation layers within the matrix. (Subject +" '~'" 10/11/2002;7:' T AL_t_t_t_t_t_t_t_t_t_~525866,06 Words underlined are additions, word struck through are deletions from the Goals, O and Policies adopted by the Board of County Commissioners on June 12, 2002. Policy 3.-1413 Water Retenti---on Areas (WRAs) as generally depicted on the Overlay Map have been permitted for this purpose and will continue to function for surface water retention, detention, treatment and/or conveyance, in accordance with the South Florida Water Management District (SFWMD) permits applicable to each WRA. WRAs can also be permitted to provide such functions for new uses of land allowed within the Overlay. WRAs may be ~"""""'"+'"'~ "" ~^" ""'~ racy be incorporated into a SRA master plan as dc,-,-,I~,,-," ~,, Pc!!cy '!..5 to provide water management functions for properties within such .......... WRA SRA but are not be re uired to be desi hated as a SRA in such instances. boundaries are understood to be approximate and are subject to refinement in accordance with SFWMD permitting. I Policy 3.-1~14 During permi'"'~ing to serve new uses, additions and modifications to WRAs may be required or desired, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the Overlay that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or ~ .... , contiquous.to that Strand or Slough. OCT 2 2 2002 ,jectM~--~-~-~---- - 13 Group 4- Policies to enable conversion of rural lands to other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas. Policy 4.1 Collier County will encourage and facilitate thc cstcbgchmc,",t cf uses that enable economic prosperity and diversification of the economic base of the rural-emaRLSA~-.. Collier County will also encouraqe development that utilizes creative land use planning techniques~-and :;'!!! c.".cc-'-';=gc =.".d facilitates a compact form of development to accommodate population growth by the establishment of Stewardship Receiving Areas (SRAs). Incentives to encourage and support the diversification and cnhm".ccmc.".t vitality of the rural economy such as flexible development regulations, expedited permitting review, and targeted capital improvements shall be incorporated into the LDC Stewardship District. Policy 4.2 All privately owned lands within the Ovor!cy ArccRLSA which meet the criteria set forth herein are a--eaRdkCateeliqible for designation as a SRA, except land dcsign~tcd ~lelineated as a Flow ...... ~* ...... ,~,-~-~p Ar~FSA, a Habitat Stc;.:crdchip ^,,,~4.q~. WRA or ~c'''~ .,~,,,.,,4 .... *;~;-,;~, ~^ Ov3r!cy *~'~ ~nd that has been designated as a Stewardship Sending Area Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies_ 4.7 through 4.!4 Due to the Ion.q-term vision of the RLSA Overlay, extendinq to a horizon year of 2025, and in accordance with the quidelines established in Chapter 163.3177 (11 ) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eliqible to be desi.qnated as SRAs .qenerally have similar physical attributes as they consist predominately of aqriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eli.qible for SRA desiqnation include approximately 74,500 acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score qreater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional Iocational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for desi.qnat n,q a SRA follows the principles of the Rural Lands Stewardship Act as further described herein, Policy 4.3 Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such designation and the adoption of a resolution by the Ccgbr r.~..., ,.~" ~-,.'~'"'~'~ ,-,~, Ccunty Ccmm~cc!cncm (BCC,-) granting the designation. The petition shall include a SRA master plan as described in Policy 4.5. The basis for approval shall be a finding of consistency with the policies of the Overlay, including required suitability criteria set forth herein, compliance with the LDC Stewardship District, and assurance that the applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses. TAL_~525866,06 10/11/2002;7:1c. Words underlined are additions, word struck through are deletions from the Goals, Ob and Policies adopted by the Board of County Commissioners on June 12, 2002. 14 Policy 4.4 Collier County will update the Overlay Map to delineate the boundaries of each approved SRA. Such updates shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. Policy 4.5 To address the specifics of each SRA, Aa_ master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as a SRA. The master plan will demonstrate that the SRA complies with all applicable policies of the Overlay, and the LDC Stewardship District, and is designed so that incompatible land uses are directed away from wetlands and critical habitat identified as FSAs and HSAs on the Overlay Map Policy 4.6 SRA characteristics shall be crc based upon innovative a~planning and development strategies des~mbed-referenced in Chapter 163.3177 (11), F.S. ~-and 9J-5. 006(5)(I).~These planninq strateqies and techniques include urban villaqes, new towns, satellite communities, area-based allocations, clusterinq and open space provisions, and mixed-use development that allow the conversion of rural and aqricultural lands to other uses while protectinq environmentally sensitive areas, maintainin.q the economic viability of aqricultural and other predominantly rural land uses, and providinq for the cost-efficient delivery of public facilities and services. Such development strateqies are recoqnized as methods of discouraqinq urban sprawl. Tn .... ;,~..,.,;,.~ ....... ;+,, ~,-.~, ;,-,-h,,~oo ~., ,, :.. not i;,~;,,.,~ ,,. Towns ...... ~ ................................ Policy 4.7 There are four specific forms of SRA permitted within the Overlay.+ These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of SRA Towns, Villages, =,",d Hamlets, and CRD -are set forth in Attachment C and are .qenerallv described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County may shall establish .................... ~ .......... more specific requlations, guidelines and standards within !to the LDC Stewardship District to .quide the desiqn and development of SRAs c,".d thecc ....,;,.;......~..~,, .,.., .... ,, ,,~,. *h ...... ~ "*~'~" ~ .... to include innovative plannin,q and development strateqies ""* .... m,,,~ h,...,;,. ..... ~, ............... as set forth in Chapter 163.3177 (11 ), FS and 9J-5.006(5)(I). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth TAL_~525866_.06 10/11/2002;7:19 Words underlined are additions, word struck through are deletions from the Goals, Obi, and Policies adopted by the Board of County Commissioners on June 12, 2002. in Attachment C may only be exceeded throuqh the density blendinq process as set forth in density and intensity blendinq provision of the Immokalee Area Master Plan or throu.qh the affordable housin.q density bonus as referenced in the Density Ratin.q System of the Future Land Use Element. The base residential density is calculated by dividin.q the overall area of the SRA by the total number of residential units therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis durinq the SRA desiqnation review and approval process, jGrrJl~ OCT 2 20{32 ctives I I ~'~ 15 4.7.1 Towns are the lar.qest and most diverse form of SRA, with a-fu i-range of housin.q types and mix of uses.-Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several vii a.qes and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as the focal point for community facilities and support services. Towns shall be desi.qned to encouraqe pedestrian and bicycle circulation by includin.q an interconnected sidewalk and pathway system servinq all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwellinq unit in the Town. Towns shall also have parks or public .qreen spaces within neiqhborhoods. Towns shall include both community and nei.qhborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and liqht industrial uses as those permitted in the Business Park and Research and Technoloqy Park Subdistricts of the FLUE. Towns shall be the preferred location for the full ranqe of schools, and to the extent possible, schools and parks shall be located adiacent to each other to allow for the sharing of recreational facilities. Desiqn criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. 4.7.2 Villaqes are primarily residential communities with a diversity of housinq types and mix of uses appropriate to the scale and character of the particular villa.qe. Villa.qes shall be not less than 100 acres or more than 1,000 acres. Villaqes are comprised of residential neiqhborhoods and shall include a mixed-use villaqe center to serve as the focal point for the community's support services and facilities. Villages shall be desiqned to encouraqe pedestrian and bicycle circulation by includin.q an interconnected sidewalk and pathway system servinq all residential neiqhborhoods. Villaqes shall have parks or public green spaces within nei.qhborhoods. Villaqes shall include neiqhborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Design criteria for Villaqes shall be included in the LDC Stewardship District. 4.7.3 Hamlets are small rural residential areas with primarily single-family housinq and limited ranqe of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. Hamlets shall have a public .qreen space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Policy 4.15. Hamlets may be an appropriate location for pre-K throu.qh elementary schools. Desiqn criteria for Hamlets shall be included in the LDC Stewardship District. Hamlets may be allowed in the ACSC. 0CT222002 TAL#525866~06 10/'11/2002;7:19 AM t ~'~ Wo~ds underlined are additions, word struck through are deletions from the Goals, C~3jec¥~es J ~ and Poiicies adopted by the Board of County Commissioners on June 12, 2002. IL - I 16 4.7.4 Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Villaqe. An example of a CRD is an ecotourism villaqe that would have a unique set of uses and support services different from a traditional residential village. It would contain transient Iod.qinp. facilities and services appropriate to eco-tourists, but may not provide for the broad ran.qe of services that support permanent residents. Policy 4.8 An SRA may be contiguous to a FSA or HSA, but shall not encroach into such areas1 and shall buffer such areas as described in Policy 4.13. A SRA may contain be contiquous to and served by a WRA without requirinq the WRA to be desi.qnated as a SRA in accordance with Policy 1.113.12 and 3.13., cubjcct to thc rcquiromcnts cf Policy 4.!3. Policy 4.9 A SRA must contain sufficient suitable land to accommodate the planned development in an environmentally acceptable manner. The primary means of directinq development away from wetlands and critical habitat is the prohibition of Iocatinq SRAs in FSAs, HSAs, and WRAs. To further direct development away from wetlands and critical habitat+, residential, commercial, manufacturinq/li.qht industrial, group housing, and transient housing, institutional, civic and community service uses within a SRA shall not be sited only _on lands that receive a Natural Resource Stcw=rdchip Index value of .qreater than 1 2-er. gees. , ..,.,4 ..~...n ..,..+ ~.....;+...~ ,.~, , ~ .. ,4 ,4 ,. ,. ; ,. ,. ~ +..,4 ,..... :CA, '~^ ,-,, ~^;~^ The Index value of ,qreater than 1.2 represents those areas that are not delineated as either a FSA or HSA but which have a hiqh natural resource value as measured pursuant to Policy 1.8. Less than 2% of potential SRA {and achieves an Index score of greater than 1.2 Policy 4.10 Within the RLSA Overlay, open space, which by definition shall include public and private conservation lands, undeveloped areas of designated SSAs, agriculture, water retention and mana,qement areas and recreation uses, will continue to be the dominant land use, therefore ~ ~"'^ ,,,;" ..... "'~" co_pen space, '"'-*'--management ""'" ...... ;;""'~' '"-"~" adequate to serve the forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas proximate to their homes, ~en space~ '::atcr managamcnt and tsars:tithe! lands shall also comprise not !ccc thana minimum of thirty_five percent of the gross acreage of an individual SRA Town, Villaqe, or those CRDs exceedinq 100 acres.~ cnd shall ip, c!udcLands contiguous lands within a SRA greater than one acre witC&~SRA-with ,N'~tura! Rc$curcc Stc'.":ardch!p Index values of greater than 1.2 shall be retained as open space. As an incentive to TAL#_525866..06 10/11/2002;7:1 ! Words underlined are additions, word struck through are deletions from the Goals, Obj and Policies adopted by the Board of County Commissioners on June 12, 2002. OCT 22 2002 17 space, such uses within a SRA, located outside of the ACSC, exceedin,q the required thirty- five percent shall not be required to consume Stewardship Credits. Policy 4.11 The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. Where existing agncultural ach¥~ty adjoins a SRA, the design of the SRA must take this activity into account to allow for ~he continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. Policy 4.12 '~ Where a SRA djoins a FSA, HSA, WRA or existing public or private conservation land delineated on the Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the adjacent FSA, HSA, WRA or conservation land. Detention and control elevations shall be established to protect such natural areas and be consistent with surrounding land and project control elevations and water tables. Policy 4.13 Open space ""'~ ~c .... *~"'""~' ...... ~,,.,, ~ ..... ~ * ...... ~,- ', ~',,~'-- within or contiquous to a SRA shall be used to provide a buffer between the SRA and any adjoining a.--FSA, H'-'~A, or existing public or private conservation land delineated on the Overlay Map. Open space cnd, ...... ~, ~_.,~,*;,-.,,,-~,_, ~ .... contiguous to or within 300 feet of the boundary of the ouch =rccca FSA, HSA, or existinq public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other tud areas within the first 300 feet. Policy 4.14 The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. No SRA shall be approved unless the capacity of County collector or arterial road(s) servinq the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Mana.qement System in effect at the time of SRA desiqnation. A transportation impact assessment meetin.q the requirements of Section 2.7.3 of the LDC, or its successor requlation shall be prepared for each proposed SRA to provide the necessary data and analysis. 10/11/2002;7:' TAL#525866.06 Wo~ds un'derlined are additions, word struck through are deletions from the Goals, O1: and Policies adopted by the Board of County Commissioners on June 12, 2002. OCT 2 ~ ZOOZ 18 Policy 4.15 SRAs are intended to be mixed use and shall be allowed the full ran,qe of uses permitted by the Urban Desiqnation of the FLUE, as modified by Policies 4.7, 4.7.1,4.7.2, 4.7.3, 4.7.4, and Attachment C. An appropriate mix of retail, office, recreational, ....... i,~, ..-, --.,~.*;"""',-,, -,""'~.. civic, Rovernmental, and institutional -uses.-will be available to serve the daily needs and community wide needs of residents of a-SRAthe RLSA. Depending on the size~ ~nd scale, and character of thc spccifica SRA, ~ .... ,,;....,~ i...~., ,-,......i..i..,. Arca Chcrcctcdstlc Tcblo, such uses may be provided either within the specific SRA, e~sewher-e~ithin other SRAs in the ''~v.v.,_,'-,, ArcaRLSA or within the Immokalee Urban Area. By example, each Village or Town shall provide for neiqhborhood retail/office uses to serve its population as well as appropriate civic and institutional uses, however the combined population of several Villaqes and Hamlets may be required to support community scaled retail or office uses in a nearby Town. Tn.. ~..,, .... ; ..... ~ .... ,. ..... I, stcndcrds cbc!! bc '--'sod to Standards for the estabi, ish-the minimum amount of such non residential uses in each cate.qory~ are set forth in Attachment C, and shall be also included in the Stewardship LDC District.'- Policy 4.16 A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the type of development, in ~cccrd~ncc with tho D,--,,-,,~i,,i,,-,,.-~ ^ ,,--,,.~ Pi,., .... +,-,,-;~-+ir, T=F,h,-, ~n,.-I accepted civil engineering practices, and LDC requirements. The capacity of infrastructure servinq the SRA must be demonstrated durinq the SRA desi.qnation process in accordance with the Collier County Concurrency Manaqement System in effect at the time of SRA desiqnation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irriqation water, stormwater manaqement, and solid waste. Transportation infrastructure is discussed in Policy 4.14. VV-I:~ce~Centralized or decentralized community water and wastewater utilities are required in-a-$RA Towns, Villa.qes, and those CRDs exceedinq 100 acres in size.~ thccc Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other .qovernmental entity. Innovative alternative water and ~astewater treatment systems such as decentralized community treatment systemit shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. An" potable water supply wells and septic systems, limited ~o a maximum of 100 acres of any .... ~'" are permitted on an interim basis until Town, Villa.qe or CRD of 100 acres, .... , _... services from a centralized/decentralized community system are available; Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less !00 ccrcc !ccc in size, Policy 4.17 The SRA will be planned and designed to be fiscally neutral or positive to the Collier County tax base at the horizon year based on a modified per capita cost/benefit fiscal analysis (Modified per capita cost/benefit fiscal analysis per Burchell et.al.,1994, D~/elo~ment AGENDA ITEkt TAL_~525866.06 10/1112002: Words underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. )bjectives 19 Impact Assessment Handbook, ULI.). The BCC may grant exceptions to this policy to accommodate affordable housing, as it deems appropriate. Techniques that support fiscal self-sufficiency such as Community Development Districts shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater manaqement, solid waste, parks, law enforcement, and schools. Development phasing and fundin.q mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the County Concurrency Management System. Policy 4.18 Eight Credits shall be required for each acre of land.....~,~""""""~"'~,-.~- =sincluded in a SRA. except for open space in excess of the required thirty -five percent as described in Policy 4.10 or for land that is designated for a public benefit use described in policy 4.19. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation entitles a full range of rcc!dcnt!=! uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of a SRA, as provided for in Policies 4.7,- 4.15 and Attachment C., p ..................................................... uses shall be identified, located and quantified in the SRA master plan., =nd !nc!udc but Policy 4.19 The acreaqe of a public benefit use shall not count toward the maximum acrea.qe limits described in Policy 4.7. For the purpose of this policy, public benefit uses include: public schools (preK-12) and public or private post secondary institutions, including ancillary uses; community parks exceedinq the minimum acreaqe requirements of Attachment C, municipal qolf courses; re.qional parks; and-qovernmental facilities excluding essential services as defined in the LDC. The location of public schools shall be coordinated with the Collier County School Board, based on the interlocal agreement 163.31777 F.S. and in a manner consistent with 235.193 F.S. Schools and related ancillary uses shall be encoura.qed to locate in or proximate to Towns, Villaqes, and Hamlets subiect to applicable zoninq and permittin.q requirements. Policy 4.20 Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits used to entitle a SRA in the ACSC must be qenerated exclusively from SSAs within the ACSC. Further, the only form of SRA allowed in the ACSC east of the Ok~loacoochee Slou.qh shall be Hamlets and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villaqes and CRDs of not more than 300 acres and Hamlets. Provided, however, that two Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontaqe on State Road 29 and that1 as of the effective date of these amendments1 had been predominantly cleared as a result of A.q Group I or Earth Mininq or Processinq Uses. This policy is intended to assure ~GENDA ITEM TAL_~25866,06 10/11/2002;7:1 Words underlined are additions, word struck through are deletions from the Goals, Ct and Policies adopted by the Board of County Commissioners on June 12, 2002. ,',~O£T 2 21 21Xi2 ectives 2O that the RLSA Overlay is not used to increase the development potential within the ACSC but instead is used to promote a more compact form of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy of the RLSA Overlay shall take precedence over the Bi,q Cypress ACSC re,qulations and all requlations therein shall aDDIv. Group 5 - Policies that protect water quality and quantity and the maintaining of the natural water regime and protect listed animal and plant species and their habitats on land that is not voluntarily included in th= '~ .... ' ~ in the Rural Lands Stewardship Area pro.qram. Policy 5.1 To protect water quality and quantity and thc mc!r,t~n!ng maintenance of the natural water regime in areas mapped as FSAs on the Overlay Map prior to the time that they are designated as SSAs under the Overlay, all residential uses and conditional uses allowed by the bBaseline sStandards referenced in Policy 1.5 shall be prohibited by Collier County through an amendment to the LDC. A property owner shall be entitled to receive compensation for the loss of these rights by voluntary participation in the Overlay or by the receipt of other compensation described in Policy 3.7. Policy 5.2 To protect water quality and quantity and t~maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay Map that are within the ACSC, all ACSC regulatory standards shall apply, including those that strictly limit non-agricultural clearing. Policy 5.3 To protect water quality and quantity and thc mair, t~ir, lr, g maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay Map that are not within the ACSC, if a property owner proposes to utilize such land for a non-agricultural purpose under the l~_Baseline sS_tandards referenced in Policy 1.5 and does not elect to use the Overlay, the following regulations are applicable, shall be incorporated into the LDC, and shall supercede any comparable existing County regulations that would otherwise apply. These regulations shall only apply to non-agricultural use of land prior to its inclusion in the Overlay system: 1. Site clearing and alteration shall be limited to 20% of the property.and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic specie i shall prohibited. AGEt~A IT~ TAL#525866.06 10/11/2002;7:1 Wo~ds underlined are additions, word struck through are deletions from the Goals, O1: and Policies adopted by the Board of County Commissioners on June 12, 2002. OCT 2 2 2002 AM ecti'~l~ I 21 4. An Environmental Impact Statement shall be prepared by the applicant and reviewed by Collier County in accordance with -County regulations. 5. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance .equivalent structures. Spcc!c= ^"+ ""'~ "P~.'"""~'~" ¢~c'~'~" ' ..... Policy 5.4 Collier County will coordinate with appropriate State and Federal agencies concerning the provision of wildlife crossings at locations determined to be appropriate. notify the FFWCC and USFWS of the existence of any listed species that may be discovered. Wildlife habitat manaqement plans for listed species shall be submitted for County approval. A plan shall be required for all proiects where the wildlife survey indicated listed species are utilizinq the site, or the site is capable of supportinq wildlife and can be anticipated to be potentially occupied by listed species. These plans shall describe how the proiect directs incompatible land uses away from listed species and their habitats. a. Manaqement plans shall incorporate proper techniques to protect listed species and their habitat from the ne.qative impacts of proposed development. Open, space and veqetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencinq, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encouraqe wildlife to use wildlife corridors. Appropriate roadway crossin.qs, underpasses and s qna,qe shall be used where roads must cross wildlife corridors i. The followinq references shall be used, as appropriate, to prepare the required management plans: 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Mana,qement Guidelines for the Bald Eaqle in the Southeast Reqion, USFWS, 1987. 3. Ecolo.qy and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for L. arqe Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987 Policy 5.5 For those lands that are not voluntarily included in the Rural Lands Stewardship proc~ram, non-aqricultural development, excludin.q individual sinqle family residences, shall be directed away from listed species and their habitats by complyin.q with the following quidelines and standards: 1. A wildlife survey shall be required for all parcels when listed species are known to inhabit bioloqical communities similar to those existinq on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USF-WS) .quidelines. The County shall TAL#_525866.06 10/11/2002;7:1 Words underlined are additions, word struck through are deletions from the Goals, O and Policies adopted by the Board of County Commissioners on June 12, 2002. ,^MOCT 2 2 iZO02 ectives 22 4. Ecoloqy and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 5_. E.-colo.qy and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Non.qame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. ii. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph (3) of this policy. iii. When listed species are directly observed on site or indicated by evidence, such as denninq, fora.qinq or other indications, priority shall be given to preservin.q the listed species habitats first, as a part of the retained native veqetation requirement of a minimum of 40%. The County shall also consider the recommendation of other aqencies, subject to the provisions of paragraph (3) of this policy. For parcels containinq qopher tortoises (Gopherus polyphemus), priority shall be .qiven to protectin.q the lar.qest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent .qopher tortoise preserves. Habitat preservation for the Florida scrub lay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required manaqement plan shall also provide for a maintenance pro.qram and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness proqram to educate residents about the on-site preserve and the need to maintain the scrub veqetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paraqraph (3) of this policy. For the bald earle (Haliaeetus leucocephalus), the required habitat manaqement plans shall establish protective zones around the eaqle nest restrictinq certain activities. The plans shall also address restricting certain types of activities durinq the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, subiect to the provisions of paragraph (3) of this policy. For the red-cockaded woodpecker (Picoides borealis}, the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraqin.q habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitiqate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provision of paragraph (3) of this policy. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that qarbage be placed in bear- proof containers, at one or more central locations. The manaqement plan shall also identify methods to inform local residents of the concerns related to NO. ~'~ .. TAL_~25866._06 10/11/2002;7:1~ Words underlined are additions, word struck through are deletions from the Goals, Ob and Policies adopted by the Board of County Commissioners on June 12, 2002. 0CT 2 2 Z002 23 interaction between black bears and humans. Mitiqation for impactin.q habitat suitable for black bear shall be considered in the mana.qement plan. .q. For proiects located in Priority I and Priority II panther Habitat areas, the manaqement plan shall discoura,qe the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor corvi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by usin,q Iow intensity land uses (e.,q., parks, passive recrea~tional areas, ,qolf courses). Golf courses within the Rural Lands Area shall be d~esiqned and mana,qed usinq standards found within this Overlay. The manaqeynent plans shal identify appropriate liqhtinR contro s for these permitted uses and shall also address the opportunity to utilize prescribed burninq to maintain fire-adapted preserved ve,qetative communities and provide brow~e for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, subject to the provisions of paraqraph (3) of this policy. h. The Manaqement Plans shall contain a monitoring program for developments .qreater than 10 acres. The County shall, consistent with applicable policies of this Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuinq development orders on property containinq listed species. It is recognized that these aqency recommendations, on a case by case basis, may chanqe the requirements contained within these wildlife protection policies and anv such chanqe shall be deemed consistent with the Growth Manaqement Plan. Policy 5,6 For those lands that are not voluntarily included in the Rural Lands Stewardship proqraml Collier County shall direct non-aqricultural land uses away from high functioning wetlands by limitinq direct impacts within wetlands. A direct impact is hereby defined as the dredqinq or fillinq of a wetland or adversely chanqin.q the hydroperiod of a wetland. This policy shall be implemented as follows: 1. There are two (2) maior wetlands systems within the RLSA, Camp Keais Strand and the Okaloacoochee Slouqh. These two systems have been mapped and are desiqnated as FSA's. Policy 5.1 prohibits all non-aqricultural uses within the FSA's, thus preservin.q and protectinq the wetlands functions within those wetlands systems. 2. The other siqnificant wetlands within the RSLA are WRA's as described in Policy 3.3. These areas are protected by existing SFVVMD wetlands permits for each area. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have strinqent site clearinq and alteration limitations, nonpermeable surface limitations, ~ind requirements addressinq surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RSLA are isolated or seasonal wetlands. These wetlands will be protected based upon: the native ve.qetation, open space and site preservation requirements specified within this Overlay; the wetland functionality assessment described belows; and the final permittinq requirements of the South Florida Water Manaqement District. TAL_~525866_.06 10/11/2002 Words underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. a) 24 The County shall apply the ve.qetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native ve,qetation on site. Wetlands shall be preserved as part of this veqetation requirement accordin,q to the followinq criteria: i.) The acrea,qe requirements specified within this Overlay shall be met by preservinq wetlands with the hi.qhest wetland functionality scores. Wetland functionality assessment scores shall be those described in paraqraph (b) of this policy. The ve.qetative preservation requirements imposed bv Policy 5.3.. shall first be met throuqh preservation of wetlands havin,q a functionalit~ assessment score of 0.65 or .qreater. Within one year, from the effective date of this Amendment, the County shall develop specific criteria in the LDC to be used to determine those instances in which wetlands with a functionality assessment score of 0.65 or qreater must be preserved in excess of the preservation required by Policy 5.3. ii) Wetlands utilized by listed species or servinq as corridors for the movement of listed species shall be preserved on site. iii) Wetland flowway functions throu.qh the project shall be maintained. iv} Proposed development shall demonstrate that qround water table drawdowns or diversions will not adversely chanqe the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect c) d) e) 10/11/2002;7:19 A TAL~525866._06 Words underlined are additions, word struck through are deletions from the Goals, Obje~ and Policies adopted by the Board of County Commissioners on June 12, 2002. surroundinq wetlands and be consistent with surroundin.q land and project control elevations and water tables. In order to meet these requirements, proiects shall be desiqned in accordance with Sections 4.2.2.4.6.11 and ~.12 of SFWMD's Basis of Review, January 2001. v) Upland ve.qetative communities may be utilized to meet the veqetative, open space and site preservation requirements of this Overlay when the wetland functional assessment score is less than 0.65. in order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands usin.q the South Florida Water Manaqement District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Req-001, dated September 1997, and updated Auqust 1999, until such time as the District adopts the proposed Unified Wetland Mitiqation Assessment Method, described in draft form~a.nd identified as F.A.C. Chapter 62-345-Uniform Wetland Mitiqation Assessmen{~ethod. The applicant shall submit to county staff WRAP scores. County staff shall review this functionality assessment as part of the CoMnty's ElS provisions and shall use the results to direct incompatible land uses aw~y from the hiqhest functioninq wetlands accordinq to the requirements found i~ paraqraph (1) above. All direct impacts shall be mitiqated for pursuant to the requiremen, ts of paraqraph (f) of this policy. Sinqle family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Manaqement Element. The County shall separate preserved wetlands from other land uses with appropriate bufferin.q requirements. The County shall require a minimum 50-foot veqetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25-foot veqetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction witha veqetative buffer that would red, ce 0CT 2 2 2002 f) g) 25 ve.qetative buffer width by 50%. A structural buffer shall be required adiacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: i) The buffer shall be measured landward form the approved iurisdictional line. ii) The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native ve.qetation compatible with the existing soils and expected hydrologic conditions shall be planted. iii) The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. iv) The followin.q land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Miti.qation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoinq uses. v) A structural buffer may consist of a stem-wall, berm, or veqetative hed.qe with suitable fencing. Mitiqation shall be required for direct impacts to wetland in order to result in no net loss of wetland functions. Mitiqation Requirements: (i) "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitiqation equals or exceeds the wetland functional score of the impacted wetlands. Priority shall be given to mitiqation within FSAs and HSAs. (ii) Loss of storaqe or conveyance volume resultinq from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adiacent to the impacted wetland. ~.Protection shall be.provided for preserved or created wetland or upland veqetative communities offered as mitigation by placinq a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal aqenc¥ along with sufficient fundinq for perpetual manaqement activities. (iv) Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (f)i, ii, and iii of this policy. If a,qency permits have not provided miti.q'ation consistent with this policy, Collier County will require miti.qation exceedinq that of the jurisdictional a.qencies. Wetland preservation, buffer areas, and mitiqation areas shall be identified or platted as separate tracts.f iln the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in TAL#._525866,06 10/11/2002;7:19" OCT 212 2002 Words underlined are additions, word struck through are deletions from the Goals, Obje ;tives and Policies adopted by the Board of County Commissioners on June 12, 2002. Pt. ~'~ · 26 these areas shall be limited to those listed above (3.e.iv.) and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. RLSAO Adoption Draft2 for EAC-CCPC G, Comp, David, E. Lands GMPAs /10-10-02 TAL#_525866._06 10/11/2002;7: Words underlined are additions, word struck through are deletions from the Goals, and Policies adopted by the Board of County Commissioners on June 12, 2002. AGENDA ITEM OCT 2 2 Z002 ii !! x COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT [Relative Portions Only: Goals 1, 6 and 7] Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symbol Date Amended May 9,2000 May 9, 2000 May 9, 2000 Ordinance No. Ordinance No. 2000-25 Ordinance No. 2000-26 Ordinance No. 2000-27 Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. ~No. 97-66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-6.7~ and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Ordinance No. 99-82, amended Ordinance No. 89~05, as amended, the Collier County Growth Management Plan, pursuant to th~ Final Order dated June 22, 1999, in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). This Ordinance was found "in compliance" by DCA, that determination was Challenged, an Administrative Law Judge issued a Recommended Order that sided with DCA, and DCA issued a Final Order finding the Ordinance "in compliance." Indicates adopted portions Note: the support document will be updated as current information becomes available. AGENDA 0£t 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element GOAL1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of. Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination betwee.n the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Text with single underline or single s:riP, c'..a.,'a::gh reflects changes to the current Growth Management Plan Page -1 - Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. Text with single underline or single c:riP~'.~rc::$,a. reflects changes to the current Growth Management Plan Page -2 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resource Protection Area /NRPA). program as part of the required Collier County Rural and Agricultural Assessment. -r~,...v .......... ~.-, ~-v-- ~.~ .k'~'D^.. ,. · ... .... --,,.n' .~'~' *^.~ ~n~n~,,~ ~ .... ~,~ti~ ~;~;~-~ ~-~ *~;- ~;*~ Through this Assessment, the County has determined that the NRPA proRram is not the only mechanism to protect significant environmental systems. Accordingly1 within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sendinq Areas that will function to protect larqe environmental systems. Pursuant to the followinq policies, the CounW shall protect identified environmental systems throuqh the NRPA and Rural Lands Stewardship proRrams. ****,Policy 1.3.1: The purpose of---~the NRPA program is to direct incompatible land uses away from si.qnificant environmental systems that exist at a landscape scale, contain lar.qe systems of connected wetland and upland habitats, and support a wide variety of listed species. The pro.qram will~ include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map,; Pursuant to the Final Order, the general areas of Camp Kca!: Strand, CREW Lands, Okc!cachccchcc S!cugh, Belle Meade and South Golden Gate Estates have been mapped and identified as NRPAs on the Future Land Use Map. These areas shall be further refined as the Assessment is implemented as a collaborative and community-based effort. Text with single underline or single ::H..~c:krc'.~£.a. reflects changes to the current Growth Management Plan Page -B - OCT 2 2 2002 Collier County Growth Management Plan (Goals I, 6 and 7) October I0, 2002 Conservation and Coastal Management Element All available data shall be further considered and refined during the Assessment to determine the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the merits of including additional areas into these boundaries including, but not limited to, the area of Northern Belle Meadc, thc ar~a known ac thc "Stcv=p!p=" tc the ncrth, ncrthwect and ~ These additional study areas are shown on the Future Land Use Map. Within these study areas, the following shall be the primary focus of addition study: North Belle Meade Study Area (a) examine the extent to which existing agricultural operations, improvements and facilities have impacted water flow and quality, wetlands and habitat for the Florida panther and other listed species; (b) examine the impacts of abutting urban and Estates development; (c) examine access into the area and connectivity to other habitat as it relates to the Florida panther; (d) examine opportunities for restoration of flow-ways, buffering from abutting development and improvements for listed species habitat through actions to include consideration of the addition of underpasses to Interstate 75; (e) examine the impacts of potential earth mining activities on the above resources; and (f) examine whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be any restrictions on their use; (g) examine the possibility of public acquisition of these properties. !i~tcd spoc!~s and their habitat; prctact!on to ~!stad species and tha!r habitat; Text with single underline or single str~'~c:~.'c'.~$.t: reflects changes to the current Growth Management Plan Page -4 - AGENDA ~ OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs of all applications to develop or otherwise impact the above special study areas. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for ~tevelopment of NRPAs including conservation guidelines to protect natural resource vl~lues, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses within NRPAs are found within the Future Land Use Element. d. A review proces~ integrated into the normal development application review, to ensure that the guidelines ~,nd standards are being met and, in thccc casco '::hcr~ En':!rcnm~nta! Impact imp~ctc of d:voJopm:nt ~rc being adcqu:t:~y :ss:cc:d ~nd addr:cc:~; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and fundinq purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permi~ing agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and suppo~ State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. .......... , recogn:zes that thc MOD^ .,;11 o,-,I,-I ..... II ,-.~ ,h~ : ...... i,-,I,.,,-,+:~i,~,-I ,~1~ ...... POLICY 1.3.2 The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A Stewardship Credit system has been established as the primary basis for the protection of Flowway Sending Areas (FSAs), Habitat Sending Areas (HSAs) and Water Retention Areas (WRAs). The RLSA Overlay also contains policies to direct incompatible land uses away from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA. Text with single underline or single str~:c:hrc'a£h reflects changes to the current Growth Management Plan Page -$ - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Policy 1.3.23_: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.34_: Guided by the Technical Advisory Committee, designate and adopt management guidelines and pedormance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.45: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. Text with single underline or single stri~.~'.~.-a::£5 reflects changes to the current Growth Management Plan Page -6 - OCT 2 2 2002 Collier County Growth Management Plan (Goals I, 6 and 7) October 10, 2002 Conservation and Coastal Management Element GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. All Text with single underline or single strlkc:Sr.c"£.t: reflects changes to the current Growth Management Plan Page -7 - AGENDA ITEM OCT 2 2 ZOO2 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element c,l~,all ,',tan,,~ ,ac, ;r~tta,-irw ,',r;*,~ri'a ft~r iP-~t'~t-4rr~t*4r'a~it~r~ il~,~ ~11 ,qt~,e~l,~r~,-~,-~n+ ~,rt-4t~rc` Text with single, underline or single s:ri~c:kra"£k reflects changes to the current Growth Management Plan Page -8 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element ^Il c ....~.;,.,.,~ ,~,o, ............ · ,,,.,.,4 ~i,;go,; ...... ,i,,, ..h..u ~,,. dosignatod ,,,,.p~.,,,Jkl,, * .... ...~....~.i+'"' the ccmp!ianco cf tho mitigation stipulation. flow ...... +rc,~t-.i+;,-,rn,'al -',,'nnta ~a,,~'l,'Jn/'4 ~,holl h,a ,-Iai;naN ,'~e, on .-~r,,,,,'~ ^~c ~uhie. h .'~) I,-,,aot ~/'~0/_ i~, ;rnln,al, nH,~,-I I~ Tho ....................................................................................... Dcp:r!mcnt of FEnv!rcnm:nt:! Text with single underline or single stri~c:,t:.rc=£h reflects changes to the current Growth Management Plan Page -9 - OCT 2 2 2002 Collier County Growth Management Plan (Goals I, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Wet!ands cha!! be dc!!neatcd acccrd!ng tc Section 373.0!9 F!cr!da Statutcc and Sect!an Text with single, underline or single s:riP~:.a, rc~$~ reflects changes to the current Growth Management Plan Page - ~ 0 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October I0, 2002 Conservation and Coastal Management Element ~-~,~ ,,,~'" ...... ~''~' ' ~11 h~ ;~I,,H~ ........ open "~"~ larger ~ ........ p:!!cy .................. P ~ .............................. presence an _~.~ ..... P .............. pro~oPvO ...... P ............................ ' ....~ ....~ ....... "~ Ag ' ~ ............ ...... ~ ........... ~ ............... + ........ any C ....'y imposed O_aJECT~VE" ~. g landscape dcdg ~,, fd~:w:: ~+;~1~, .......... Text with single underhne or stngle ............ o.. reflects changes to the current Growth Management Plan Page -11 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element submerged '"'~-~'-" habitat: that ar= d==m=d !mp=:'t. ant. OBJECTIVE 6.1 The County shall protect native veqetative communities throuqh the application of minimum preservation requirements. The followinq policies provide criteria to make this obiectivP. measurable. Policy 6.1.1: For the County's Urban Desiqnated Area, Estates Desiqnated Area, Conservation Des~qnated AreaT and A.qricultural/Rural Mixed Use District~ Rural-Industrial District and Rural-Settlement Area District as desiqnated on the FLUM, native veqetation shall be preserved on-site throu,qh the application of the followinq preservation and veqetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstandinq the ACSC requirements, this policy shall apply to all non-aqricultural development except for sinqle-family dwellin.q units situated on individual lots or parcels. The standards and criteria provided for in this policy may chan.qe for the area governed by the Golden Gate Area Master Plan, which is currently under restudy, by Plan amendment. Residential and Mixed Use Development Golf Course Coastal Hi,qh Hazard Area Less than 2.5 acres 10% Equal to or .qreater than 2.5 ac. 25% 35% Non-Coastal Hi,qh Hazard Area Less than 5 acres. 10% Greater than 5 acres and less than 20 acres. 15% Equal to or qreater than 20 ac. 25% 35% Text with single underline or single s:ri£c:hrc:~£~ reflects changes to the current Growth Management Pla Page - 11> - AC-~.NDA ITEM OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% Development Equal to or qreater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. The followinq standards and criteria shall apply to the veqetation retention requirements referenced above: (1) For the purpose of this policY1 "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The ve.qetation retention requirements specified in this policy are calculated based on the amount of "native veqetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizinq the largest contiquous area possible. (3) Areas that fulfill the native veqetation retention standards and criteria of this policy shall be set aside as preserve areas. All on-site or off-site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. Selection of preservation areas shall reflect the followinq criteria in descendinq order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife throu.qh the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containinq gopher tortoises shall protect the lar,qest, most conti.quous gopher tortoise habitat with the .qreatest number of active burrows, and provide a connection to off site adjacent ,qopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the followinq descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. d. Exceptions to these priorities are noted in (7) below. Passive recreational uses such as pervious nature trails or boardwalks are allowed within (4) (5) (6) the preserve areas, as long as any clearinq required to facilitate these uses does not impact the minimum required ve,qetation. A mana,qement plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire mana.qement, and maintenance of permitted facilities. Text with single underline or single s:HP.c:~rcugh reflects changes to the current Growth Management Plan Page -13 - OCT 2 2 ZOO2 Collier County Growth Management Plan (Goals I, 6 and 7) October 10, 2002 Conservation and Coastal Management Element (8) (9} (lO) (~7) Exceptions, by means of miti,qation in the form of increased landscape requirements sha. l!. be .qranted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowin,q these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harmin.q or reducinq the survivability of the native vegetation in its existinq locations; (b) Where the existina ve.qetation required by this policy is located where proposed site improvements are to be located and such improvemehts can not be relocated as to protect the existin,q native ve,qetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (qround covers, shrubs and trees), utilizina larcler plant materials so as to more quickly re-create the lost maturu vegetation. Parcels that were le,qally cleared of native ve,qetation prior to January 1989 shall be exempt from this requirement, Preservation areas shall be interconnected within the site and to adioinin.q off-site preservation areas or wildlife corridors. Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland veqetation havin.q significant habitat or hydrologic value is encoura.qed. Increased preservation shall be fostered throu.qh incentives includin.q, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Si.qnificant habitat or hydrolo.qic value is determined by wetland function, not the size of the wetland. Policy 6.1.2 Reserved for the County's Rural Fringe Area. Policy 6.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, native vegetation shall be preserved pursuant to the RLSA policies found in the Future Land Use Element, Policy 6.1.4. Prohibited invasive exotic ve.qetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for i[wasive exotic plant removal and long-term control. (2) Maintenance plans shall describe specific techniques to prevent re-invasion by prohibited exotic ve.qetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. Text with single underline or single s.*ri,.c:..rc'-'£., reflects changes to the current Growth Management Plan Page -14 - Policy 6.1.5 Agriculture shall be exempt from the above preservation requirements contained in Policies 6.1.1', and 6.1.2 of this element provided that any new clearing of land for a,qriculture shall not be converted to non-a,qricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6. 1.1 and 6.1.2 of this element shall be applied to tho site at the time of the conversion. The percenta,qe of native veqetation preserved shall bo calculated on the amount of veqetation occurring at the time of the a.qricultural earinq~ and ii ' ' ' ACtA Ii i~ O£T 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata {ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Aqricultural clearing within the Rural Lands Stewardship Area {RLSA) Overlay shall be allowed and guided by the RLSA policies found in the FLUE. Policy 8.1.$ The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encouraqe water conservation. This shall be accomplished by: {1) Providing incentives for retaining existing native veqetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, {3) Wet detention ponds shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. (4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay shall be desiqned pursuant to the RLSA policies found in the Future Land Use Element. Policy 6.1.7 An Environmental Impact Statement (ELS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or proiect upon the resources and environmental quality of the proiect area and the community and to insure that planning and zoninq decisions are made with a complete understandinq of the impact of such decisions upon the environment, to encoura.qe proiects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the .qreater community. An ElS shall be required for: 1. Any site with an ST or ACSC-ST overlay, or within the boundaries of Sending Lands or NRPAs. 2. All sites seaward of the Coastal Hiqh Hazard Area boundary that are 2.5 or more acres. 3. All sites landward of the Coastal Hiqh Hazard Area boundary that are ten or more acres. 4. Any other development or site alteration, which in the opinion of the development services director, would have substantial impact upon environmental quality. The ElS requirement does not apply to a single family or duplex use on a single lot or parcel. The ElS requirement may be waived subject to the followinq: 1. Agricultural uses as defined in 9J-5.003(2), including aquaculture for native species. 2. After inspection by County staff and filing of a written report, any land or parcel of land has been so altered as to have irreparable damage to the ecological, drainage, or qroundwater recharge functions; or that the development of the site will improve or correct the existing ecological functions or not require any major alteration of the existing landforms, drainage, or flora and fauna elements of the property. For the purpose of this policy, major alteration shall mean greater than 10% of the site. 3. Exemptions shall not apply to any parcel with an ST or ACSC-ST overlay, or within the boundaries of Sending Lands or NRPAs except for single family homes or as otherwise allowed by the ST or ACSC-ST criteria. Policy 6.1.8 The County shall provide for adequate staff to implement the policies supportin.q Objective 6.1. Text with single underline or single s'.ri~'.~ra:£h reflects changes to the current Growth Management Plan Page -15 - OCT 2 2 2O02 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. fo lowing policies provide criteria to make this objective measurable. The Policy 6.2.1 As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. Policy 6,2.2 Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of iurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. Policy 6.2.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary. Many fall within public lands or lands tarqeted for acquisition. Hi.qb quality wetlands systems located on private property are primarily protected through native veqetation preservation requirements, or through existing PUD commitments, conservation easements, NRPA designations, or Stewardship Sending Area Designations. Within the Urban and Estates desi.qnated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Wheru permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitiqation for such impacts, this shall be deemed tu preserve and protect wetlands and their functions. The larqe connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict hiqher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems by the followinq mechanisms: (1) Conservation Desi,qnation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary of the land designated as Conservation on the Future Land Use Map. The overall purpose of the Conservation Designation is to conserve atld maintain thu natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservatio[~ Desi,qnation (Reference FLUE Land Use Des~qnation Section IV.) will accommodate limited residential development and future non-residential development. These limitations suppo[t Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) B~q Cypress Area of Critical State Concern Overlay (ACSC) i~C,E~ITEM Text with single underline or single stri!:c:.a, rc:;£,a. reflects changes ,o the current Growth Management Plan OC ? 2 ~ 2002 Page-16- I~. ] .~_ Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Best available data indicates that 74% of the County's wetlands are within the Biq Cypress Area of Critical State Concern Overlay. The land development re,qulations contained in tho ACSC Overlay District on the Future Land Use Map provide standards that facilitate the ,qoal of directina h Qher intensity land uses away from wetland systems. The development standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the total site. A lar,qe percenta,qe of the land contained within the ACSC is also within the Conservation Desi,qnation and thus is subject to the land use limitations of that Land Use Desi,qnation. (Land Use Desiqnation Section V.) (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and re,qional flow-ways were used as criteria to establish the NRPA Overlay District as shown on ',~the Future Land Use Map. These areas identify hi,ql~ funct onin,q wetland systems in ~he County and represent an additional 12%+_ of County wetlands that are not located in Conservation Lands. Based on the relatively hi,qt~ concentration of wetlands within NRPA desiqnated lands, incompatible land uses shall be directed away f~m these areas. Allowable land uses for NRPAs are also subiect to native ve,qetation and I:~eservation standards of 90%. (Reference the NRPA Overlay in the FLUE.) (4) F/owway Stewardship Areas Within the Rural Lands Stewardship Area (RLSA) Overlay as desi,qnated on the Future Land Use map, Flowway Strewardship Areas (FSAs) are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slou,qh. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an incentivu to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures Collier County shall allow for more intensive development to occur in Rural Frin.qe Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas accounL for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion ol the Urban Desi.qnated Area, the County finds that the wetland systems in these areas are moru fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sendin.q Lands. On a proiect-specific basis, wetlands and wetland functions shall be protected throuqh the roi owin.q mechanisms: (1) Federal and State jurisdictional a.qency review and wetland perm ttin.q; (2) Vegetation preservation policies supporting CCME Objective 6. 1; (3) Wetland protection policies supportin.q CCME Objective 6.2; and Policy 6.2.4 Within the Urban Desi.qnated area, the County shall rely on the wetland iurisdictional determinations and permit requirements issued by the applicable iurisdictional agency. This policy shall be implemented as follows: (1) Where permits issued by such jurisdictional a.qencies allow for impacts to wetlands within this desi,qnated area and require miti,qation for such impacts, this shall be deemed to mee[ the obiective of protection and conservation of wetlands and the natural functions ol wetlands within this area. AGENDA ITEM Text with single, underline or single stri~.%~:hraugh reflects changes to the current Growth Management Plan Page -17 - 0CT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element {2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permittin,q site improvements, except in the case of sin,qle-family residences which are not part of an approved development or are not platted. {3) Collier County will work with the iurisdictional a,qencies and applicants to encoura,qe miti,qation to occur within tar,qeted areas of the County includin.q, but not limited to: Natural Resource Protection Areas {.NRPAs); lands tar,qeted for a acquisition by a public entity such as CREW lands; public or private miti.qation banks; and other areas appropriate for miti.qation, such as flow ways and areas containin,q habitat for listed species {4) Within the Immokalee Urban Desi,qnated Area, there exists hiqh quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require ,qreater protection measures and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. As part of the County's Evaluation and Appraisal Report {'EAR), the County shall identify this area and map its boundaries on the Future Land Use Map. Policy 6.2.5 Reserved for the County's Rural Frin.qe Area Policy 6.2.6 Required Wetland preservation, buffer areas, and miti,qation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Cate.qory I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed shall not include any other activities that are are detrimental to drainaqe, flood control, water conservation1 erosion control or fish and wildlife. habitat conservation and preservation. The followinq land uses are considered to be compatible with wetland functions and are allowed within these areas: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water manaqement structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the fore.qoin.q uses. Policy 6.2.7 Within the Estates Des~qnated Area and the Rural Settlen~nt Area, the County shall rely on the wetland jurisdictional determinations and permit requirdments issued by the applicable iurisdictional a.qency. This policy shall be implemented as follows: (1) For sin.qle-family residences within Southern Golden Gate Estates or within the Biq Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a buildin.q permit. (2) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual sin.qle-family buildinq permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. Text with single underline or single s'.riP, c:.a. rc:~£h reflects changes to the current Growth Management Plan Page - 18 - 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element (3) Within one (1) year of the adoption of these amendments, Collier County shall work with federal and state agencies to identify properties that have a high probabilities of wetlands or listed species occurrence. The identification process will be based on Hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it is sufficiently accurate to require federal and state wetland approvals prior to issuing a building permit within these areas. The County shall use this information to inform property owners of the potential existence of wetlands on their property. Policy 6.2.8 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. Policy 6.2.9 The County shall provide for adequate staff to implement the policies supporting Objective 6.2. OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats. Policy 6.3.1 The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more than 100 square feet of sea-grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. Policy 6.3.2 Impacts to sea-qrass beds shall be minimized by locating boat docks more than 10 feet from existing sea-grass beds. Where this is not possible1 boat docks shall be sited to impact the smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. Policy 6.3.3 The protection of sea-grass beds shall be a factor in establishing new, or revising existinq, speed zones to regulate boat traffic. OBJECTIVE 6.7-~_ The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.74.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Text with single underline or single s:ri.~c:hrc.:~gh reflects changes to the current Growth Management Plan Page -19 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Policy 6.7.4.._2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.7-4._3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8.: The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Obiective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and desiqnated Conservation Lands on the Future Land Use Map; and, development shall include all projects except for permitting and construction of sinqle-family dwellin.q units situated on individual lots or parcels. Policy 6.8.1: All requests for !and development within !000 feet of conti,quous to natural reservations shall be reviewed as part of the County's development review process, tc insure nc un=cceptab!e Policy 6.8.2: Criteria contained in o-'-'""~'~" "~';'~"+; ...... ~ ,.,,-d;,.;~,,. ,-,,~ ,1~;~ ~m .... + the County's Rural Lands ~l..t.,,,~,~ v~j~ ......... ~ I..,~,,~,~v ......~ ~,~ ........... Stewardship Area (RLSA) Overlay shall apply to development within the RLSA that is contiguous to ,near natural reservations. Text with single underline or single stri!:c:hrc:~£h reflects changes to the current Growth Management Plan Page -20 - AGENDA rrEM OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element GOAL 7: WILDLIFE. THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND OBJECTIVE 7.41 The County shall direct incompatible land uses away from listed animal species and their habitats. Policy 7.4-1.1 Incompatible land uses are directed away from listed species and their habitats by the followin.q mechanisms: (1) Conservation Desi,qnation on the Future Land Use Map The overall purpose of the Conservation DesiRnation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have hi,qh wildlife value. The allowed land uses specified in the FLUE's Conservation Desi.qnation will accommodate limited residential development and future non-residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Desi.qnation. (Reference FLUE: Future Land Use Desi.qnation, Description Section.) (21 Bi.q Cypress Area of Critical State Concern Overlay (ACSC) The land development re.qulations contained in the ACSC Overlay district provide standards that facilitate the ,qoal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Desi,qnation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal aqencies' efforts to protect endanqered or potentially endan.qered species and their habitats (Reference CCME: Objective 1.3). These areas describe larqe, intact and relatively unfra.qmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Habitat Stewardship Areas (HSAs) Listed animal and plant species and their habitats shall also be protected throuqh the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits Yesultin,q in the elimination of incompatible uses and the establishment of protection measures. (Reference FLUE: RLSA Overlay.) (5) All other policies supportin,q Obiective 7.1 of this element. Text with single underline or single stri!:c:hra::£,a. reflects changes to the current Growth Management Pla~ Page -21 - OCT 7_ ? 2007 Collier County Growth Management Plan (Goals I, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Policy 7.4-1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the followin,q guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat manaqement plans for listed species shall be submitted for County approval. A plan shall be required for all proiects where the wildlife survey indicated listed species are utilizin.q the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and ve.qetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencinq, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encouraqe wildlife to use wildlife corridors. Appropriate roadway crossinqs, underpasses, and si.qna.qe shall be used where roads must cross wildlife corridors 1. The followinq references shall be used, as appropriate, to prepare the required management plans; a. South Florida Multi-Species Recovery Plan, USFWS, 1999. b. Habitat Manaqement Guidelines for the Bald Eaqle in the Southeast Reqion, USFWS, 1987. c. Ecoloqy and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Larqe Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. d. Ecoloqy and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. e. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Non.qame Techincal Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subiect to the provisions of parac~raph (3) of this policy. When listed species are directly observed on site or indicated by evidence, such as denninq, fora.qin.q or other indications, priority shall be ,qiven to preservinq the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this policy. Text with single underline or single s:riP~c:.t:.rc:~£.t: reflects changes to the current Growth Management Pla~ Page -22 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous .qopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the .quidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required manaqement plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness pro.qram to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Pla~, May 1999, subject to the provisions of paragraph (3) of this policy. ' (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall estabysh protective zones around the eagle nest restricting certain activities. The plans shallg so address restricting certain types of act vities durinq the nestin,q season. These requirements shall be consistent with the UFWS South Florida Multi-Species (e) Recovery Plan, May 1999, subject to the provisions of para.qraph (3) of this policy. For the red-cockaded woodpecker (Picoides borea/is), the required habitat protectiOn plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraqin.q habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitiqate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi- (f) Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that .qarba.qe be placed in bear-proof containers, at one or more central locations. The manaqement plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and (,q) humans. Mitiqation for impacting habitat suitable for black bear shall be considered in the management plan. For proiects located in Priority I and Priority II Panther Habitat areas1 the mana,qement plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coq//') by directinq intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. (h) In turn1 these areas shall be buffered from the most intense land uses of the project by using Iow intensity land uses (e.g.1 parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and manaqed using standards found in that district. The management plans shall identify appropriate li.qhtin.q controls for these permitted uses and shall also address the opportunity to utilize prescribed burninq to maintain fire-adapted preserved veqetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. In order to protect the West Indian Manatee (Trichechus manatus) and its habitat, a marina sitinq rating system based on water depth, native marine habitat and manatee abundance shall be used to limit new or expanded wet-slip densities to no more than 18 boat slips per 100 feet of shoreline for all multi-slip docking facilities with ten (10) slips or Text with single underline or single s*.riP~?.rc:;£h reflects changes to the current Growth Management Plan Page -23 - OCT 2 2 Z002 Collier County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element more, and for all marina facilities. All multi-slip dockin,q facilities with ten slips or more, and all marina facilities, shall adopt and implement a Manatee Awareness and Protection Plan to include an Education and Public awareness pro,qram and the postin.q and maintainin.q of Manatee awareness siqns. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subiect to the provisions of Policy 7.1.2(3) of this element. (i) In order to protect Ioo.clerhead (Caretta caretta) and other listed sea turtles that nest alon,q Collier County beaches, proiects within 300 feet of the MHW line shall limit outdoor liRhtin,q to that necessary for security and safety. Floodli,qhts and landscape of accent li,qhtin,q shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subiect to the provisions of Policy 7.1.2(3). (i) The Mana,qement Plans shall contain a monitorin,q proqram for developments .qreater than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in ssuin.q development orders on property containing listed species. It is reco.qnized that these a.qency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such chan.qe shall be deemed consistent with the Growth Management Plan. Policy 7.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay~ as des~qnated on the FLUM, listed species shall protected pursuant to the RLSA policies found in the Future Land Use Element. Policy 7.1.4. All development shall comply with re.qardin.q listed species protection. applicable federal and state permittin,q requirements Policy 7.1.5 The County shall provide for adequate staff to implement the policies supportinq Objective 7.1. OBJECTIVE 7,2 ', Historical data from 1990-1996 shows that the average ymber of manatee deaths in Collier County due to incidents with-watercraft s approximately 3.2 per year per 10,000 boats. Throu.qh Policies 7.2.1 throu.qh 7.2.4, the County's obieCtive is to minimize the number of manatee deaths due to boat related incidents. Policy 7.2.1: Ch_. .... _v.v.'~";._v .... _, ,_'~ map '~"~;g,v-, . ._.v_ v....v_, .............................................. .... ,~,o* ,,,,*,-,,*;-, *~-'--*" The County shall apply the marina sitin.q criteria contained in Policy 7.1.2 (2)(h) of this element in order to direct increased boat traffic away from sensitive manatee habitats. with single underline or single s:ri!:c:.a, ra:~£h reflects changes to the current Growth Management Plan Page -24 - OCT 2 2 2002 Collie)' County Growth Management Plan (Goals 1, 6 and 7) October 10, 2002 Conservation and Coastal Management Element Policy 7.2.2: ,.,~...... ,h ..... ,...-, ,h..--.* *-. ~..i ..... ~ .... ,.....- i.- ~..... ~...~,.- qea-nrass beds shall be protected throuqh the application of Policies 6.3.1,6.3.2 and 6.3.3 of this element. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5).The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan and make revisions as needed. ~The County w!!! shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or will-be prohibited:, or wl~ere speed zones may need to be changed. ............................................... ~ ....... public ~, ~.~, Text with single underline or single stri~c:F, rc:;g,a. reflects changes to the current Growth Management Plan Page -25 - OCT 2 2 2002 Collier County Growth Management Plan (Goals 1, 6 and 7) October I0, 2002 Conservation and Coastal Management Element .... may Tho County '";" ...... by g .......... .... ~ ....... tho Ccun~/Futur~ U:nd Uco M:p. OBJECTIVE 7.3 Historical data from 1996-1999 shows that the averaqe number of sea turtle disorientations is 5% of total nests. Throuqh the fo Iowin.q policies, the County's objective is to minimize tho number of sea turtle disorientations. Policy 7.3.1 The County shall apply the liahtin.q criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlin,qs from adverse i,qhtin,q conditions.: Policy 7.3.2:, County staff shall conduct re,qular inspections to ensure coastal properties comply with proper li,qhtinq conditions and with applicable prohibitions of overni,qht storaqe of furniture and othe~ equipment durin,q sea turtle season (May 1 throu,qh October 30)~ Policy 7.3.3: The County shall update the public awareness materials desi.qned to inform coastal residents and visitors how they can protect sea turtles. Text with single underline or single s:r;..~2:~rc::£h reflects changes to the current Growth Management Plan Page -26 - OCT 2 2 2002 Collier County Growth Management Plan (Goals I, 6 and 7) October 10, 2002 Conservation and Coastal Management Element OBJECTIVE 7..1.~_ The County shall artificial reefs. continue to improve marine fisheries productivity by building additional Policy 7.;1.~_.1: The County should continue to apply for materials on the existing permitted sites. reef construction grants and annually place more Policy 7.;1.~_.2: The County will coordinate its activities with the Florida Department Protection, the Marine Extension Office and other appropriate agencies. of Environmental Text with single underline or single ~ reflects changes to the current Growth Management Plan Page -27 - OCT 2 2 2OO2 DRAFT 10-4-02 IHHOKALEE AREA HA~;TER pLAN (Excerpt of relevant portion) LAND USE DESIGNATION DESCRIPTION SECTION The following section describes land use designations shown on the Immokalee Master Plan Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Residential Desiqnation This designation is intended to accommodate a variety of residential land uses including single-family, duplexes, multi-family, and mobile homes, which does not preclude seasonal, temporary and migrant farmworker housing. 1. Low Residential District The purpose of this designation is to provide for a Iow density residential district. Residential dwellings shall be limited to single-family structures and duplexes. Multi-family dwellings shall be permitted provided they are within a Planned Unit Development. Mobile home development shall be permitted in the form of mobile home sub-divisions or parks and as a mobile home overlay as defined by the Land Development Code. A density less than or equal to four (4) dwelling units per gross acre is permitted. 2. Mixed Residential District The purpose of this designation is to provide for a mixture of housing types within medium density residential areas. Residential dwellings shall include single-family structure, multi-family dwellings, individual mobile homes, and duplexes on a lot by lot basis. A density less than or equal to six (6) dwellings units per gross acre is permitted. 3. Hiqh Residential District The purpose of this designation is to provide for a district of high density residential development. Residential dwellings shall be limited to multi-family structures and less intensive units such as single family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. A density less than or equal to eight (8) dwelling units per gross acre is permitted. Nonresidential Uses Non-residential uses permitted within the Residential designation are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and essential services as defined in the Land Development Code. Special Provisions 1. Density Bonuses a. Proximity to Neighborhood Center and Commerce If 50% or more of a project is within a Neighborhood Center or the Commerce Center-Mixed Use District, then the maximum density allowed within the Neighborhood Center or Commerce Center-Mixed Use District of twelve (12) units per acre can be averaged in with the density of the Text with single underline or single striket~rm:gh reflects Transmittal language as proposed changes to the current GMP - originally proposed to the FLUE, now proposed in the IAMP. Text with double underline or dot hie z:r'2::.:Srzxg~ reflects proposed changes to the Transmittal language primarily in response to the ORC R~ port. OCT 2 2 ZOOZ DRAFT 10-4-02 portion of the project outside of the Neighborhood Center for the entire project; however, appropriate buffering to adjacent lower intensity uses must be achieved. b. Affordable Housing Provision of Affordable Housing as defined in the Housing Element would add eight (8) dwelling units per gross acre above the maximum density of the district; however, no density may exceed sixteen (16) units per acre. This bonus may be applied to an entire project or portions of a project provided that the project is located within Neighborhood Center (NC), Commerce Center Mixed Use (CC-MU), and ail residential districts. c. Residential In-fill To encourage residential in-fill, three (3) residential dwelling units per gross acre may be added if the following criteria are met: the project is ten (10) acres or less in size; at the time of development, the project will be served~by central public water and sewer; at least one abutting property is developed; the project is corflpatible with surrounding land uses; the property in question has no common site development plan with adjacent property; there is no common ownership with any a~acent parcels; and the parcel in question was not created to take advantage of the in-fillYesidential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. d. Roadway Access If the project has direct access to two (2) or more arterial or collector roads or if there is project commitment for provision of interconnection of roads with existing or future adjacent projects, one (1) residential dwelling unit per gross acre may be added above the maximum density of the district. Density and Intensity Blendin.q This provision is intended to encouraqe unified plans of development and to preserve the hiah quality wetlands, wildlife habitat, and other natural features that exist within areas of the Immokalee Urban Area= which are proximate to Lake Trafford and Camp Keais Strand. In the case of orooerties which are contiguous to Lake Trafford or Camo Keais Strand. which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay fRLSA'~ as depicted on the countywide Future Land Use Map, and which were in existence and under unified control as of October 22. 2002. the allowable oross density and/or intensity may be shifted from the Urban desionated lands to lands within the RLSA which are contiguous and under unified control, and which are desionated as a Stewardship Receivino Area (SRA) in the RLSA. The densit.v and/or intensity may be shifted on an acre Der acre basis. This Density and Intensi~ Blendino provision is further subject to the following conditions and limitations: Text with single underline or single =*~.cthrc'-'-g~ reflects Transmittal language as proposed changes to the curre~ GMP - originally proposed to the FLUE, now proposed in the IAMP. Text with double underline or do' ble ~ reflects proposed changes to the Transmittal language primarily in response to the ORC R port. 2 OCT 2 2 2002 DRAFT 10-4-02 The project in a,q.qreqate must be a minimum of 200 acres in size and the Urban portion must be ae~ed desianated 4;14~lep, t~ Recreational/Tourist District (RT) in the Immokalee Area Master Plan,; It must be demonstrated the lands desiqnated Urban have a hi,qh natural resource value as indicated by the presence of Group I or Group 2 FLUCCS Codes ;.~A_,:~:^.~ ~- ,-A I nn~' ''~ °' ...... -,~-:- ,~,.;v~ and a score of qreater than 1.2 (both as identified on the StewardshiD Credit Worksheet in the RLSA): -Na. tur.~ Density and Intensity may only be shifted from lands within the Immokalee Urban Area containing this high natural resource value (as measured above) to the lands within a contiguous SRA: on an acre per acre basis, orovidino such lands were under unified control as of October 22. 2002: and Lands within the Urban area, from which the density and/or intensity has been shifted~shall be placed in a conservation easement in perpetuity. E. Lands lAMP Adoption Draft G, Comp, David, E. Lands GMPAs dm~lw~ct. 2002 Text with single underline or single str;.keuhrcag~ reflects Transmittal language as proposed changes to the GMP - originally proposed to the FLUE, now proposed in the IAMP. Text with double underline or dot :,;-:.I:::.'-.:z,:ag~ reflects proposed changes to the Transmittal language primarily in response to the ORC Re 3 current ~ort. OCT 22 DRAb~lO/3/o2 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Symbol DATE AMENDED ** October 28, 1997 ORDINANCE NO. Ordinance No. 97-57 This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: the support document will be updated as current information becomes available. Text with underline is added, text with str:.ke t~.rcug~ is deleted - all since June 12, 2002 BCC Transmitta were no amendments to this Sub-Element proposed at Transmittal hearing). OCT 2 2 2002 hearing (there ! ~ D ~A~-"T 10/3/02 V. GOALS~ OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the needs of the County owned and operated systems for the five (5) and ten (10) year planning time frames of this Plan, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: By June 1998 complete the pilot ASR ( Aquifer Storage and Recovery) system Study as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: Identify sufficient quantities of brackish water to meet the County's estimated 10 year growth related needs. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the followinq policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water and Sewer District Map (PW-1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served bv central potable water facilitic -' 'r'-~AelTE ~/illaqes, and those Compact Rural Developments qreater than one hundred (100) acr~ s in No. ~ PW- 1 Text with underline is added, text with :'..-:.kc ',.~,reugh is deleted - all since June 12, 2002 BCC Transmitt: (there were no amendments to this Sub-Element proposed at Transmittal hearing). hearT 2 2 D R.A..RT 3.0/3/02 required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, dependin.q upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies 1.2.4, 1.5.1 ,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1,2,3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, replacement, and/or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Policy 1.2.4: , v,,,,,L ~.~,~!.-,,,~,,. v, i,,.~.~,v ..~, ~1"'!"".7 ~,.T~,.,~ ~, "'~'''~'~"'"~ I'''~'~ '~' ~'"~"1""~ ~'~ Permit development of potable water supply systems as follows: within the Desiqnated Urban Areas of the Plan, includinq the outl¥inq urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water and Sewer District Map (PW-1); in Towns, Villaqesl Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has leqal commitments to provide facilities and services as of the date of adoption of this Plan, For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water and Sewer District Map (PW-1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban desiqnated areas outside of the areas depicted on Map PW-1 on an interim basis until a potable water supply system is. available; and, individual potable water supply wells may be permitted on lands outside of the Urban desiqnated areas, outside of areas depicted on Map PW-1, and outside of Towns, Villaqes and those Compact Rural Developments qreater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, dependin.q upon the uses permitted within the Compact Rural Development. Aisc, in Towns, Villa.qes, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. PW- 2 Text with underlin~ is added, text with str~; t.~.rc.'-'-g~ is deleted - all since June 12, 2002 BCC Transmittal (there were no amendments to this Sub-Element proposed at Transmittal hearing). .OCT 22 2002 anng DRAFT 10/3/02 Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable~ to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of water usage data since 1989 indicated the LOS standard for finished water should be increased to 185 gpcd. Review of the historical ratio of residential to non-residential demand indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITY/SERVICE AREA COLLIER COUNTY FACILITIES County Water and Sewer District Marco Water and Sewer District Goodland Water District LEVEL OF SERVICE~ STANDARD 185 gpcd 200 gpcd 163 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area 163 gpcd EVERGLADES CITY FACILITIES Unincorporated Service Area 163 gpcd INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "sewage" flow design standards, unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems · (Source: Chapter 10D-6, Florida Administrative Code) TYPE OF ESTABLISHMENT COMMERCIAL Airports a. per passenger b. add per employee Barber and Beauty Shops (per chair) GALLONS PER DAY (GPD) PW- 3 Text with underline is added, text with r,~ike-theough is deleted - all since June 12, 2002 BCC Transmitt~ (there were no amendments to this Sub-Element proposed at Transmittal hearing). 5 2O 10( Bowling Alleys (toilet wastes only per lane) Country Club a. per resident member b. per member present c. per employee Dentist Offices a. perwet chair b. per non-wet chair Doctors Offices (per doctor) Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided ~t b. showers provided ~ Food Service Operations a. Ordinary Resta~.rant (per seat) b. 24 hour Restaurant (per seat) c. Single Service articles only (per person) d. Bar and Cocktail Lounge (per person) e. Drive-in Restaurant (per car space) f. Carry Out only i. per 100 square feet of floor space ii. add per employee g. Institutions (per meal) DRAFT 10/3/02 100 100 25 2O 20O 5O 250 20 35 5O 75 25 3O 5O 5O 2O 5 Hotels and Motels a. Regular (per room) b. Resort Hotels, Camps, Cottages (per person) c. add for establishments with self service laundry facilities (per machine) 150 75 4OO Office Building (per employee per 8 hour shift) Service Stations (per water closet and per urinal) 2O 250 Shopping Centers without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) 0.1 5 Stores per square foot of floor space Swimming and Bathing Facilities, public (per person) 0.1 10 Theaters a. indoor, Auditoriums (per seat) 5 b. Outdoor, Drive-ins (per space) 10 Trailer/Mobile Home Park (per trailer space) 200 Travel Trailer/Recreational Vehicle Park a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) PW- 4 Text with underline is added, text with st.-:.~e ~.:c~:?=~ is deleted - all since June 12, 2002 BCC Transmittal (there were no amendments to this Sub-Element proposed at Transn~ttal hearing). DRAFT 10/3/02 b. Travel Trailer (overnight), with water and sewer hook-ups (per trailer space). 100 INSTITUTIONAL Churches (per seat) Hospitals (per bed) (does not include kitchen wastewater flows) 3 2O Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 100 Parks, Public Picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) 5 10 Public Institutions other than Schools & Hospitals (per person) 100 Schools (per student) a. day-type 15 b. add for showers 5 c. add for cafeteria 5 d. add for day school workers 15 e. boarding-type 75 Work/Construction Camps Semi-permanent (per worker) 50 RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) 1 bedroom and 600 square feet or less heated or cooled area bedrooms and 601 - 1000 square feet heated or cooled area 3 bedrooms and 1001 - 2000 square feet heated or cooled area bo 150 3OO 450 4 or more bedrooms and more than 2000 square feet heated or cooled area 600 Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six percent (66%) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants aihd service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilitiesc Policy 1.3.2: \~ in order to ensure these Level of Service Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: These Level of Service Standards are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. PW- 5 Text with underline is added, text with :tr;.kc tSrcagh is deleted - all since June 12, 2002 BCC Transmitt~ (there were no amendments to this Sub-Element proposed at Transmittal hearing). ~earzng .,. [ DRAFT 10/3/02 Policy 1.3.4: Annually review historical potable water demand records and adjust these Level of Service Standards if so indicated by said annual review. OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy 1.4.3: Continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when economically feasible. Policy 1.4.4: Pursuant to general law (Chapter 91-68, Laws of Florida), by November 1, 1992, adopt a resolution promoting the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation. Policy 1.4.5: By January 1, 1998, develop a public water conservation program for reducing potable water use. Policy 1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. Policy 1.4.7: By January 1998 complete a study to determine the feasibility of using treated effluent to create a salinity barrier to reduce the potential for salt water intrusion in to the County current and future wellfields. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only:_ in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villa,qes, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Are~ ~w[.J~.__~L~.. ? ' PW- 6 Text with underline is added, text with s::;.ke thrcug~ is deleted - all since June 12, 2002 BCC Transm (there were no amendments to this Sub-Element proposed at Transmittal hearing). tal l~g2 2 DRAFT 10/3/02 areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outlyinq urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Villa.qe, Hamlet, and Compact Rural Development is desiqnated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay1 and in Policies 1.2.2 and 1.2.4, central potable water systems are permitted in Towns, Villaqes, Hamlets, and Compact Rural Developments Thou.qh not anticipated, it is possible that central potable water system distribution lines may extend throu.qh lands not desiqnated as a Town, Villaqe, Hamlet or Compact Rural Development; no properties desi.qnated other than as a Town, Villaqe, Hamlet or Compact Rural Development is permitted to connect to these distribution lines. MAP PW-1 Collier County's Three (3) Water and/or Sewer Districts - Boundaries (purposely omitted) MAP PW-2 Collier County Water and Sewer (CWS) District - Potable Water Facilities (purposely omitted) TABLE PW-11 Collier County Water and Sewer (CWS) District Potable Water Facilities FY88/89 - FY94/95 (purposely omitted) MAP Collier County Water and Sewer District Revised Potable Water Facilities FY 90/91 - FY 93/94 (purposely omitted) E. Lands PWS-E Adopl~on Draft NO MAPS G, Comp, David, E.Lands GMPAs PW- 7 Text with underline is added, text with s..r;.~.e ...~.re::g.~. is deleted - ali since June 12, 2002 BCC Transm (there were no amendments to this Sub-Element proposed at Transmittal hearing). d rrroa al hearing DRAFT10/3/02 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN. PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub-Element Symbol DATE AMENDED ** October 28, 1997 ORDINANCE NO. Ordinance No. 97-58 This ia the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: the support document will be updated as current information becomes available Text with underline is added, text with ~ is deleted - all since June 12, 2002 Transmittal hearing amendments to this Sub-Element proposed at Transmittal hearing). DRAFTlo/3/o2 V o GOALS,OBJECTIVES AND POLICIEg GOAL I: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth, as provided for in the followinq policies. Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer System consistent with the Capital Improvements element to provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water and Sewer District Map (PW-1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villa.qes, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities; Towns, Villaqes and those Compact Rural Developments qreater than one hundred (100) acres in size are required to bn served by central sewer facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central sewer facilities, dependinq upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent wastewater authority, or some other non-County utility provider. For the purposes of this policy and policies 1.1.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central sewer facilities includes decentralized community treatment systems; and, innovative alternative wastewater treatment systems such as decentralized community' treatment systems shall not be prohibited by this policy provided that they meet all applicable requlatory criteria. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for f __ __ within their respective service areas. Also, County Ordinance 80-112 requires and n, iw -AC, Er~^ nT~i SS- I No, ~ Text with underline is added, text with strike through is deleted - all since June 12, 2002 BCC Transmi~ were no amendments to this Sub-Element proposed at Transmittal hearing). DRAFT 10/3/02 development connecting to private STP submit capacity availability information with building permit applications. Policy 1.1.4: Permit development of package sewage treatment plant systems only within the Designated Urban Area of the Plan in areas where County wastewater service is not currently available, and allow only on an interim basis until County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. Within the Rural Lands Stewardship Overlay, consistent with policy 1.1.2: septic systems ar_e mitted within Hamlets; septic systems may or may not be permitted in Comoact Rural per ...... ,4,.,,,, ~..a,,. ,,, les~mitted u,:es !n. the velo ments one nunereu /uu a,., o ,-,, t.;om act Hural ueve .,,'-" Corn act Rural Develo ments reater than one hundred 100 acres in size. However in Towns · es. ~evelo ments .[e~ater !h_an_ one hundred 100 acres in.. size. ~'~ l~)~)-~'res o~'an int~ onl until central service is available. ~ Policy 1,1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. Policy 1.1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202,, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used a~ for determining the availability of facility capacity and the demand generated by a devel( SS- 2 Text with underline is added, text with str;.kc tkr~ug~ is deleted - all since June 12, 2002 BCC Transmittal were no amendments to this Sub-Element proposed at Transmittal hearing). ear~h~e2 Z00Z D]~z~"T 10/3/02 [Note: The County Standard of 100 gpcd (gallons per capita per day) plus the 21% non- residential adjustment factor discussed in Section III is presented below as 121 gpcd (100 x 1.21 = 121) for simplicity.] LEVEL OF SERVICE FACILITY/SERVICE AREA STANDARD Collier County Facilities North Sewer Service Area Central Sewer Service Area South Sewer Service Area Marco Sewer Service Area City of Nar)les Facilities Unincorporated Service Area Ever,qlades City Facilities Unincorporated Service Area Independent Districts/Private Sector Systems 121 gpcd 121 gpcd 121 gpcd 121 gpcd 121 gpcd 121 gpcd The standards hereby adopted are the following sewage flow design standards (Source: Chapter 10D-6, Florida Administrative Code) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT GALLONS PER DAY (GPD) Commercial Airports a. Per passenger 5 ]o. add per employee 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) lO0 Country Club a. per resident member ~; 100 :b. per member present i~ 25 ¢. per employee 20 Dentist Offices \ a. perwet chair ~ 200 ~b. per non-wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided ]3. showers provided 2O 35 Food Service Operations a. ordinary restaurant (per seat) SS- 3 Text with underline is added, text with :~-ike :hrcugh is deleted - all since June 12, 2002 BCC Trans~ were no amendments to this Sub-Element proposed at Transmittal hearing). DRAFT lO13/o2 b. 24 hour restaurant (per seat) 75 c. single service articles only (per person) 25 ct. bar and cocktail lounge (per person) 30 e. drive-in restaurant (per car space) 50 ~=. carry out only 3.. per 100 square feet of floor space 50 :2. add per employee 20 Hotels and Motels a. Regular (per room) b. Resort hotels, camps, cottages (per person) c. add for establishments with self service laundry facilities (per machine) 100 75 4OO Office Building (per worker) Service Stations (per bay) 2O 5OO Shopping Centers without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) TYPE OF ESTABLISHMENT 0.1 5 GALLONS PER DAY (GPD) Stores (without food service) a. private toilets, for employees only (per employee) t:>. public toilets (per square foot of floor space) 20 0.1 Theaters t~. Indoor, auditoriums (per seat) Outdoor, drive-ins (per space) 5 10 Trailer/Mobile Home Park (per trailer space) 2OO Travel Trailer/Recreational Vehicle Park a. Travel trailer (overnight), without water and sewer hook-up (per trailer space) t:>. add for water and sewer hook-up (per trailer space) 5O 100 Swimming and bathing facilities (per person) 10 Institutional Churches (per seat) 3 Hospitals (per bed) 2OO Nursing, rest homes (per person) 100 Parks, public picnic a. with toilets only (per person) ;b. with bathhouse,showers and toilets (per person) Public institutions other than schools and hospitals (per person) SS- 4 Text with underline is added, text with :*.r;,be '..~.rcu?=~ is deleted - all since June 12, 2002 BCC Transmit were no amendments to this Sub-Element proposed at Transmittal hearing). 5 10 <y, ezo02 ,,.l'-!l DRAFT~o/3/o2 Schools (per student) a. day type b. add for showers c. add for cafeteria ct. add for day school workers e. boarding type 15 5 5 15 75 Work/Construction camps semi-permanent (per worker) 50 Residential Residences a. Single family (per bedroom) b. apartment (per bedroom) ¢. Mobile home not in a trailer park (per bedroom) ct. Other (per occupant) 150 150 150 75 Footnotes: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six percent (66%) of the total establishment wastewater flow. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. Policy 1.2.4: Annually review historical sanitary sewer demand records and adjust these LOS standards if so indicated by said annual review. Objective 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de-watering and stabilization facilities with all County wastewater treatment plants to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. OBJECTIVE 1.4: The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive the following Policies. SS- 5 Text with underline is added, text with :~.e :k:c',:'gk is deleted - all since June 12, 2002 BCC Transmil were no amendments to this Sub-Element proposed at Transmittal hearing). DRAFT 10/3/02 Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater plants. Policy 1.4.2: Connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.3: Connect existing and future privately owned land suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water systems to the county's effluent system (i.e., separate potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villa.qes, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map PW-1 of the Potable Water Sub-element, except the outlyinq urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Villaqe, Hamlet and Compact Rural Developmunt is desi.qnated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. .~..,ENDA ITEM SS- 6 Text with underlin__ e is added, text with :'.r~.~e *.~r.~'--'?~ is deleted - all since June 12, 2002 BCC Transmit were no amendments to this Sub-Element proposed at Transmittal hearing). DRAFT 10/3102 Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.1.2, central sewer facilities are permitted in Towns, Villa.qes, Hamlets, and Compact Rural Developments. Thouqh not anticipated, it is possible that central sanitary sewer collection lines may extend throuqh lands not ..desi.qnated as a Town, Villa.qe, Hamlet or Compact Rural Development; no properties desiqnated other than as a Town, Villa.qe, Hamlet or Compact Rural Development is permitted to connect to these collection lines. MAP SS-3 North Sewer Service Area - Sanitary Sewer Facilities (purposely omitted) MAP SS-5 North Sewer Service Area - Sanitary Sewer Facilities (purposely omitted) MAP SS-6 Marco Sewer Service Area - Sanitary Sewer Facilities (purposely omitted) TABLE SS-18 COLLIER COUNTY SANITARY SEWER FACILITIES FY88/89 - FY94/95 (purposely omitted) MAP SS-34 Collier County Sanitary Sewer Facilities, Capital Improvements FY88/89 - FY94/95 (purposely omitted) E. Lands SSS-E Adoption Draft NO MAPS G, Comp, David, E. Lands GMPAs dw/Oct. 2002 SS- 7 Text with underline is added, text with s*~!kc '-~-~'-'-gh is deleted - all since June 12, 2002 BCC Trans~ wcr~ no amendments to this Sub-Element proposed at Transmittal hearing). N~A ITEM EXECUTIVE SUMMARy APPOINTMENT OF COMMISSIONER TO THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL OBJECTIVE: To appoint 1 commissioner to serve on the Southwest Florida Regional Planning Council to fill Commissioner James D. Carter's vacant position. CONSIDERATIONS: The Southwest Florida Regional Planning Council is a locally formed regional planning agency serving six counties: Charlotte, Collier, Glades, Hendry, Lee, and Sarasota. Its mission is to protect and ,improve the Region's physical, economic, and social environment. The agency is directed b~( a thirty-four member Council composed of local elected officials and gubernatorial appointees. \ The Southwest Florida Regional Planning Council acts as a regional information clearinghouse, conducts research to ~velop and maintain area wide goals, objectives, and policies, and assists in implementing a number of local, state, and federal programs. The Council serves as an advocate for the Region with State and Federal agencies, including the Legislature and Congress. Collier County currently has 2 seats on the SWFRPC and 1 vacancy will occur upon the completion of Commissioner James D. Carter's term as County Commissioner. FISCAL IMPACT..: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 1 commissioner to serve as a member of the SWFRPC, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 22, 2002 CST PS.- About the SWFRPC Page 1 of 4 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Council On this Page: About the Council, Current, Long-Range, and Transportation Information planning, About the Region and the SRPP. Contact Us ABOUT THE cOUNCIL Emplo.~ment Links of Interest Library & Information Systems Meetings & Agendas Search ~Vhat's Nc~ Communit.x Traffic Safct} Team Economic Data Ha. zardou~ Materials Hurricanes Maps & GIS MPO Publications Transportation Disadvantaged HOME http://swfrp c. org/ab out_the_swfrpc-htm Council Membership and Staff The Southwest Florida Regional Planning Council is a locally formed regional planning agency serving six counties: Charlotte, Collier, Glades, Hendry, Lee, and Sarasota. Its mission is to protect and improve the Region's physical, economic, and social environment. The agency is directed by a thirty-four member Council composed of local elected officials and gubernatorial appointees. The Southwest Florida Regional Planning Council acts as a regional information clearinghouse, conducts research to develop and maintain area wide goals, objectives, and policies, and assists in implementing a number of local, state, and federal programs. The Council serves as an advocate for the Region with State and Federal agencies, including the Legislature and Congress. The Council is assisted by a professional staff of twenty-six. Staff members sit on a varlet3' of reeional committees representing the Council's programs and policies. The activities of the C(~uncil and its staff can be grouped into five broad categories: current planning, long-range planning, transportation planning, information services, and libra~~ services. CURRENT PLANNING Current planning includes the four areas of developments of regional impact, emergency preparedness, hurricane planning, and intergovernmental coordination and review. Development__s of Regional Impact. The development of regional impact program provides a process for comprehensively assessing developments that will produce substantial multi-count' impacts. Under this process, the Council reviews the proposed project and provides recommendations to the local government on development order conditions deemed necessary to address regional impacts. E__mergency Preparedness. The Council periodically updates the Regional Hurricane Evacuation Study originally prepared in 1983. This study provides data and assistance to local emergency management officials for use in their Comprehensive Emergency Management Plans. Additionally, the study integrates and coordinates the evacuation needs of each of the counties in Southwest Florida. Other studies which have facilitated local emergency preparedness are the 1991 and 1995 hurricane storm surge atlases for coastal Southwest Florida and Lake Okeechobee, respectively, a Refuge of Last Resort Strategy Study for the region and state, the Southwest Florida Regional Hurricane Shelter Deficit Reduction Project, the Business Organizations Active in Response to Disasters (BOARD) project, and assistance on Local Mitigation Strategies. Hazardous Materials Plannina. The Council periodically updates the Regional Comprehensive E~mergency Management Plan for Hazardous Materials for the Region. The Council also staffs the Local Emergency Planning Committee and provides a centralized location for Commumt3' Right-to-Know information. Intergovernmental Coordination and Review. The intergovernmental coordination and re_view process ensures that projects being reviewed' for permitting br ~~levels ,~' OCT 2 2 9/25/2002 About the SWFRPC Page 2 of 4 government m'e consistent with the Strategic Regional Policy Plan and the comprehensive plans of the local governments in the Region. LONG-RANGE PLANNING Long-range planning includes the five areas of comprehensive/strategic planning, dispute resolution, economic development, housing, and environmental protection. Comprehensive/Strategic Planning. The Council provides technical assistance to local governments in preparing and ~mending their comprehensive plans. Staff reviews local comprehensive plan amendments to ensure consistency with the Strategic Regional Policy Plan (SRPP). Volume One of the SRPP describes the demographic, social, economic, and natural characteristics of the Region. Volume Two contains goals, issues, and policies for the Region. The goals and policies provide a coordinated strategy, bv which the Region's quality, of life can be maintained while still accommodating forecasted growth. Dispute Resolution. From its beginning, the Council has served as a forum for the resolution of intergovernmental disputes and collective problem-solving by local governments. The Council has a dispute resolution process that was adopted in cooperation with the local governments of Southwest Florida, as well as the other ten regional planmng councils, to ensure consistency throughout the state. Economic Development. In 1992, the Council was designated an Economic Development District by the Economic Development Administration of the U.S. Department of Commerce. The Council staffs the Southwest Florida Regional Economic Development Coalition, which includes representatives from the Region and was established to address the area's economic problems and challenges from a regional perspective The Council also offers a loan program in conjunction with the Small Business Administration. Loans may be used by businesses to purchase, construct, or renovate a facility or to purchase equipn~ent. The minimum loan amount is $125,000. Housing. The Council staffs the Housing Providers Coalition of Southwest Florida which sen'es as a forum for shanng information among local housing planners and providers. The Council also hosts workshops on housing issues and provides technical assistance to area housing planners. Environmental Protection. The Council staffs the Estero Bay Agency on Bay Management, an advisory, committee for Estero Bay. The Council hosts the ~harlotte'Harbor National Estuary' Program, an eight-county study effort to improve the management of the natural resources o~f the Charlotte Hafoor Watershed. Council also provides staff support to the five-county Beach and Inlet Convocation, an association for coordinating beach and inlet management. Similarly, support is given to the five-county Regional Anchorage Committee, an association estabiished to ensure navigation rights and environmental management are coordinated. TRANSPORTATION PLANNING Transportation planning encompasses the following three areas, the Transportation Disadvantaged Program, the Traffic Safety Program, and the Lee County Metropolitan Planning Organization. Transportation Disadvantaged Program. http://swfrpc.org/about the swfrpc.htm The Council performs planning activities for the transportation disadvantaged in Collier, Glades, t tendry and Lee Counties. These activities include preparing long-range plans, establishing county coordinating boards, coordinating monthly meet ngs, and providinl~ technical assistance for grant applications. ~,10.i~_~ OCT 2 2 9/25/2002 About the SWFRPC Page 3 of 4 Traffic Safety_ The Council in partnership with the Florida Department of Transportation, staffs traffic safety programs for seven counties. The programs focus on local safety programs and ways to address Lee County Metropolitan Planning Organization (Iv[PO). . il rovides staff to the Lee County MPO, a policy board .o_f.thirteen 1 .°c. al elected, ~ .Co. unc~_u~p~romv,a develo,'s a long-range transportation plan identifying those highway ann. OIIlClalS. lll~: lV~t x., V transit improvements that can be afforded through the year 2002, and endorses a Transportatmn Improvement program that identifies the projects to be implemented over the next few years. Each year, the MPO also adopts transportation project priorities, which guide the Florida Department of Transportation in the annual update of its five-year work program. Staff schedules and conducts regular meetings of the MPO, the Citizen Advisory Committee, and the Technical Advisory Committee. ABOUT THE REGION The Southwest Florida Region includes the six counties of Charlotte, Collier, Glades, Hendry, Lee, and Sarasota. The physical size of the Region is 6,021 square miles or 11.2% of Florida's total land area. Over the past forty years, thc Region has experienced substantial population growth. In 1950, the population was iust 70,000. In 2000, it was more than 1.2 million people. By thc year 2020, thc Region's pop~ation is expected to reach 1,629,200. Much of thc population groxx~h results from migration, especially among retirees who enjoy thc warm weather and natural resources which include unique wildlife and vegetation, salt and fresh water resources, and miles of beaches, barrier islands, and natural coastline. Thc weather and natural resources have also attracted tourists, thereby creating an economy that is heavily influenced by tourists and retirees. The main employment sectors in the Region are services, construction, retail trade, and. to a lesser extent, government and agriculture. Given Southwest Florida's mare' natural assets, it is little wonder thc area is expected to experience continued growth. It'is this growth and its impact on the area's natural resources, however, that make responsible planning and growth management such critical issues. Strategic Regional Polio' Plan (SRPP) Background: At thc February Council 2001 meeting, the Council directed staff to begin updating the Strategic Regional Policy Plan based on the strategic issues identified at the Council sponsored workshops. Staff presented thc various strategic plan sections to the Council during the months of March through August. At the September 2001 meeting thc Council authorized staff to distribute the draft SRPP for general public review and to schedule a series of public workshops on the draft SRPP. It is anticipated that thc SRPP will be finalized by April 2002. Format: The Strategic Plan follows a format that is somewhat different than previous plans, which required that Regional planning Councils prepare plans that were comprehensive in nature. Under thc old format, the Regional Comprehensive Policy Plan was required to address each of the 26 goals in the State Comprehensive Plan. Due to changes in the rule that governs regional plans, however, Regional Planning Councils are now required to address only five issues. Additional issues can be inchided if thc Regional Planning Council so chooses. Content: The Strategic Plan revised draft updated Sep! http ://swfrpc. org] ab out_the_swfrpc, htm 0CT 2 2 2gg2 9/25/2002 About the SWFRPC Page 4 of 4 Volume One, the Description of the Region, is an updated version of Volume One of the Comprehensive Plan. As its name implies, the Description of the Region contains a variety of information and statistical data about Southwest Florida. Within the Description, there are four sections. Demographics, discusses the human Region. This section contains demographic information for the Region. Economic Conditions, addresses the economy of the Region. Topics include income, labor force and employment, major economic sectors, and tourism. Natural Systems, addresses the physical or natural resources of the Region. This Natural Systems section contains information on topics such as climate, geology, topography, water resources, vegetation and wildlife. Urban and Rural Setting, discusses land uses in the Region. Volume Two, Goals, Strategies, and Actions, addresses the five mandatory regional issues of affordable housing, economic development, emergency preparedness, natural resources, and transportation. Under each issue, the Plan contains information regarding current trends and conditions related to the issue. Also included is a description of why the issue is of importance to Southwest Florida. Each section contains goals and strategies designed to address the conditions and trends stated earlier. Once the SRPP is finalized the Strategies will be incorporated m the Council's overall work plan. SRPP Comments/Suggestions: All comments and suggestions are welcome and encouraged. Go to feedback form Web site and contents created by the Southwest Florida Regional Planning Council Copyright ~ 2001 Southwest Florida Regional Planning Council, All rights reserved. Revised: July 12, 2002. 2002 http://swfrpc, orgtabout_the_swfrpc.htm 9/25/2002 SWFRPC Membership Page 1 of 2 SO~ RE I__G_LO_~_AL PLANNING cOUN~CIL MEMBERSHIP CHAIRMAN .......... Commissioner James D. Carter VICE CHAIRMAN .......... Ms. Janice Groves SECRETARY .......... Commissioner Bob Janes TREASURER .......... Mayor Nola Theiss ~CHARLOTTE COUNTY Commissioner Sara Devos Commissioner Adam Cummings Mayor Marilyn Smith Mr. Frederick R. Leonard Mr. John R. Watts ~COI.LIER COIJNTY _ Commissioner James D. Carter Commissioner Jim Coletta Councilman Clark Russell Mr. Michael J. Volpe Ms. Adria D. Parsons GLADES COUNTY Commissioner Kenneth S. Jones Commissioner Robert Giesler Vice Mayor Gerry, Hams Ms. Kathy Adams lfENDRY COUNTY Commissioner Bill Maddox, Jr. Commissioner Darrell Hams Mayor Mali Chamness Ms. Janice E. Groves LEE COUNTY Commissioner Bob Janes Commissioner John Albion Mayor Arnold Kempe Mayor Nola Theiss Councilman Mike Flanders Councilman Bill Thomas Councilman Jay Arend Ms. Margaret Emblidge Mr. James H. Crumbie SARASOTA COUNTY Commissioner Jon Thaxton Commissioner Shannon Staub Commissioner Rue Berryman Vice Mayor Jit~ Myers Mr. James A. Paulmann Mr. Alan Mmo http:#swfrpc.org/membership'htm 9/25/2002 SWFRPC Membership Page 2 of 2 EX-OFFICIO MEMBERS Ms. Carol Senne, SFWMD Ms. Janet Watermeier, Lee County Economic Development Mr. Richard Cantrell, FDEP Mr. Steve Minnis, SWFWMD Mr. Mike Rippe, FDOT SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL STAFF DAVID Y. BURR .......... EXECUTIVE DIRECTOR i KEN I-[EATHERINGTON ......... PLANNING DIRECTOR DAVID E. BRUNER ........ LEGAL COUNSEL Glen H. Ahlert Lisa Beever Darcv Bowen Rick Carpenter Cathv Corbett David Crawford Nancy D'Alessandro Julia B. Davis Bob Diogo John L. Gibbons Ron Gogoi Nichole Gwinnett Ken Heatherington Maran Hilgendorf Deborah A. Holly David Hunt Jamie Levans Mad ssa Moor Brian Raimondo Deanne Robison Danielle Rosenthal Jennifer Stein Daniel L. Trescott Timothy Walker Janice Yell n. 7 http://swfi'pc.org/membership, htm 9/25/2002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 4, 2003, pins a full 4 year term expiring on April 4, 2007, on the Immokalee Enter~ Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee CommuNity to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting °fa broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. Ms. Lucy Ortiz resigned from this committee on July 24, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY I Ann Olesky f Resident of the Z°ne COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM~, 5 Yes I RuralLandsAssessment Oversight Committee Ann Olesky FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution co~ing the appointment. Prepared By: Sue Fikson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 22, 2002 OCT 2 2 2002 TO: FROM: DATE: RE: MEMORANDUM Sue Filson, Administrative Assistant Board of County, Commissioners Helene Caseltin~CEcD, Economic Development Manager Financial Administration and Housing September 27, 2002 Immokalee Enterprise Zone Development Agency ~ZDA) The State has enacted a program, the Florida Enterprise Zone Program, to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, which was approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. This Board has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. The Committee was created through Ordinance 95-22 as the Immokalee Enterprise Zone Development Agency (EZDA). In addition, the County Commission appointed members to the EZDA under Resolution 95-249. As you know, Ms. Lucy Ortiz recently resigned from this board. By a unanimous vote at its 9/26/02 meeting, the EZDA is recommending the following person for Board approval: Ms. Ann Olesky, Owner of Lake Trafford Marina and Immokalee resident, to complete the remaining term of Ms. Ortiz. This position must be filled with a resident of the Zone, and Ms. Olesky meets this requirement. By the nature of its relationship with the CRA, Ms. Olesky will also serve as a member of the Immokalee Local Redevelopment Advisory Board. Please prepare an Executive Summary for the Board' s consideration of this recommendation and let me know if any further information or assistance is needed to initiate the process. Thank you for your help. CC: Raymond Holland, EZDA Chairman Fred Thomas, Immokalee CRA Advisory Board Chairman Joe Schmitt, Administrator, Community Development and Environmental Services Margaret Wuerstle, Director, Planning Services Department . Denton Baker, Director, Financial Administration and Housing Tom Tomerlin and Aaron Blair, Planning Services Department 20,02 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd F. ocp. Date Term 'Home Phone DateRe-appt 2ndF_.xpDate 2nd Term Mr. Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, FL 34142 District: 5 Category: Non Profit Organization 657-3649 04/04/95 04/04/96 I Year 09/11/01 04/04/05 4 Years Ms. Lucy Ortiz 606 Roberts Avenue Immokalee, FL 34142 District: 5 Category': Non Profit Organization 262-4404 04/04/95 04/04/99 657-5617 03/23/99 04/04/03 Mr. Ira J. Malamut 11990 Wedge Drive Ft. Myers, FL 33 913 District: Category: Non-profit Organization 4 Years 4 Years Mr. Jerry Hubbart P.O. Box 267 Felda, FL 33930 District: Category: Business in Zone 658-3560 03/23/99 04/04/03 4 Years Mr. Raymond T. Holland P.O. Box 5324 Immokalee, FL 34143 District: 5 Category: Finanical Entity 658-3505 03/23/99 04/04/03 675-3747 Ms. Cara Ayala 5720 Copper Leaf Lane Naples, FL 34116 District: 3 Category: Local Business in the Zone 4 Years 657-3171 04/01/97 04/04/01 ~4 Years 6574568 09/11/01 04/04/05 ,i~4 Years Wednesday, Jtme 12, 2002 348-7221 04/09/02 04/09105 348-8790 Page I of 3 3 Ye. ars 2002 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 65'/-2429 11/24/98 04/04/99 2 Years 03/23/99 04/04/03 4 Years Mr. Floyd Crews P.O. Box 610 Immokalee, FL 34143 District: 5 Category: Resident/business Mr. Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 3391~ District: 5 Category: Private Industry Council 481-8020 Mr. Charlie Esquivel 703 Taylor Lane Lehigh, FL 33936 District: Category: Local Business in the Zone 825-3591 368-6827 Mr. H. B. (Benny) Starling, Jr. 657-3237 720 N. 15th Street 657-7797 Immokalee, FL 34142 District: 5 Category: Business in the Zone - B-Hive Flowers Lt. Mark W. Baker 112 South 1 st Street Immokalee, FL 34143 District: 5 Category: Local Law Enforcement 08/05/97 04/04/99 2 Years 03/23/99 04/04/03 4 Years 04/09/02 04/04/06 4 Years 06/11/02 04/04/03 10 Mos. 657-6168 04/09/02 04/04/06 4 Years Mr. John Kirchner 352-6575 3311 Golden Gate Boulevard, E. Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce 07/28/98 04/04/99 8 Months 03/23/99 04/04/03 4 Years gl/edn~ay, June 12, 2002 Page 2 of 3 2002 Immokalee Enterprise Zone Development Agency Ms. Dora Vidaurri 106 S. First Street, Suite 103 Immokalee, FL 34142 District: Category: Local Code Enforcement gYorlt Pkone Appt'd Exp. Date Term Home Phone Dat~~ 2ndExpDate 2nd Term 657-2525 09/11/01 04/04/03 2 Years Ms. Denise Blanton 657-3306 14700 Immokalee Road Immokalee, FL 34120 District: 5 Category: non-voting ex-officio member 12/09/97 00/00/00 unlimited Mr. Tony Sanchez, Jr. 658-1313 506 South First Street Immokalee, FL 34142 District: 5 Category: Business/Minority/EX OFFICIO 12/14/99 This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit, community-besed organizations, local private industry council, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97-81 Trams are 4 years. This committee also serves as the Immokalee Redevelopment Board. FL STAT 290.001 - 290.016 Staff: Helene Caseltine, Economic Development Manager, HUI: 403-2398 Wednesday, June 12, 2002 Page 3 of 3 OCT 2 2 2002 .5"- MEMORANDUM DATE: September 20, 2002 TO: FROM: Elections Office Sue Filson, Executive Manager~ ' Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individoai-~ 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. COMMISSION DISTRICT IMMOKALEE ENTERPRISE ZONE DEV AGENCY ' Ann Olesky ~ ~ 6001 Lake Trafford Road Immokalee, FL 34142 Thank you for your help. CCT 2 2 2002 MEMORANDUM DATE: TO: FROM: September 20, 2002 Helene Caseltine, Economic Development Manager Sue Filson, Executive Manager~~ Board of County Commissioners Immokalee Enterprise Zone Development Agency As you know, we curremly have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ann Olesky 6001 Lake Trafford Road Imrnokalee, FL 34142 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 OCT 2 2 2002 OB~lB/20B2 89:S7 2396582401 LAKE TRAFFORD MARINA PAGE Board of County Commissioners :3301 East TamJami Trail Naples, FL :34112 (94~) ~9'~ Fax: (941) 774~3602 81 Application for Advisory Committees/Boards Name ABa ~ 239 6S7-2401 Immnbi~ lq MI4~ FtxNoZ396S8.-2401 ~~~9~-~1 or ~14 ~le)L Are you a regtsbwed voter ht Colibr Count, Yes~X No. Do you currently bald public ~? Yes. No If so, ~dmt i~ ~ ]Do yon mow serve, ~' bare ~m ewe oervtd, mt m Ce~Jer Ceum~ botrd or commsJttee? Yes__X I thluk tlmt b Acm Chamb~ mmlm' pas, re~ ~. ti~ Tom. i~ ~ M~CdMm' ~ ~ Aromi tl~ World member Immolu~ Foundation Scb01orddp comm. Comer EXECUTIVE SUMMARY APPOI]XlTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES MASTER PLAN AD HOC ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on June 26, 2003, on the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. CONSIDERATIONS,: The Golden Gate Estates Master Plan Ad Hoc Advisory Committee has 1 vacancy due to a resignation in the category of Environmentalist. This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the development of any necessary Request fOr Proposals (RFP's) for consulting services; aid and assist in the restudy of the Golden Gate ~rea Master Plan. This would include assisting staff with the review and development ofpoli~y recommendations from the rural Fringe Committee and the Community C ,h~r,. acter Plan findings relative to .the.Go!den Gate ..Ar.ca C,o~m, merc!a!.~do Industrial Land Use St~.y, and assessment of locational criteria for Condit~onm uses. A mst oz the current membershiP is included in the backup. Dr. Kris Thoemke, represeming the category of Environmentalist, resigned on August 1, 2002. A press release was issued and one resume was received from the following interested citizen: .APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Ed Carlson Environmentalist 5 Yes I EAC Lake Trafford Advisory Comm COMMITTI~.~ RECOMMENDATION: Ed Carlson NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than two County Boards simultaneously. If application is made or service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Ed Carlson currently serves on the Environmental Advisory Council and the Lake Trafford Restoration Task Force. If Mr. Carlson is appointed the Board will have to waive Section Five (D) of the ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confa'ming the appointment. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners OCTOBER 22, 2002 2002 10/03/02 ~5:04 FAX 9416436968 COLLIF~ CO ¢O~f6NIT~ DEV ~002/002 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SEI%"~CF.B DEP~ 2800 NORTH HORSESHOE DRIVE NAPLES, FL 341O4 Octobe~ 3, 2002 Ms. Sue Pilson Executive Msnagcr, BCC 3301 East Tamiami Trail, 3rd Floor NAPLES, FL 34112 RE: Appointment of Ed Carlson to the Golden Gate Area Master Plan Restudy Committ~. D~x Ms- F/lson: Ou Wednesday, September 18, 2002, at its regularly scheduled meeting, the Golden Gate Area Master Pla~ Restudy Committee unanimously recommended the appointment of l~d Carlson ro the vacant scat on the Committee. 1~ recommending Mr. Carlsou's appointment, Committee members expressed thc opinion that Mr. Carlson would serve as a strong advocate for the natural resources of the grea~er Golden Gate Area. With a copy of this letter, I am inviting Mr. Carlson to attend the Committee meeting scheduled for October 9, 2002, at 5:00 p.m. - 7:00 p.m., at the Golden Crate Estates Fire Station 71, located at the intersection of Golden Ga~ Boulevard and 13th Street, SW. It is understood that Mr. Carlson will altend as a non-voting member, until such time as the Board of County Commissioners has confirmed his appointment- Since, rely, Glenn 15. Heath, AICP Principal Plooner Comprehensive Play-lng Section Collier County Board of County Commissioners 2800 North Ho~esho¢ Dr/ye Naples, P-'L 34114 Mr. F_,d Carlson Mr. Mark Slrain, AICP, Chairman, Golden Gain Area Mastiff Plan Restudy Commlt.[c~ Mr. Stan Litsinger, Manager, Comprehensive Planning Section Ms. Margaret Wuerstle, AICP, planning Scrvices Director Mr. Jos~h Schmitt, Director, Community Development and Envixonmemta Fax (941) 643-6968 Phone (~41) 40a-2400 ... Golden Gate Estates Master Plan Ad Hoc Advisor/Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 District: 5 Category: Civic Leader 06/26/01 06/26/02 1 Year 455-8318 06/25/02 06/26/03 1 Year Mr. Robert Ducharme 354-1592 3121 Orange Grove Trail 353-6879 Naples, FL 34120 District: 5 Category: Real Estate/Business Admin & Manage 01/22/02 06/26/02 6 mo. 06/25/02 06/26/03 1 Year Ms. Linda Hartman 794 17th Street, N.W. Naples, FL 34120 District: 5 Category: Civic Leader 261-8009 06/26/01 06/26/02 1 Year 455-1739 06/25/02 06/26/03 1 Year Chief Don Peterson 2996 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Fire Chief 455-2121 06/26/01 06/26/02 1 Year 455-3015 06/25/02 06/26/03 1 Year Mr. Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34117 District: 5 Category: Attorney 262-0061 06/26/01 06/26/02 I Year 455-1682 06/25/02 06/26/03 1 Year Ms. Ann Ward 455_1~.a.~ 460 39th Avenue, NE 455-1729 Naples, FL 34120 District: 5 Category: Civic Leader/Community Activities 01/22/02 06/26/02 6 mo. 06/25/02 06/26/03 1 Year Thurtday, June 20, 2002 Page I of 3 OCT 2 2 2002 I:~...Y Golden Gate Estates Master Plan Ad Hoc Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 District: 5 Category: Developer/Planner Dr. Kris Thoemke 3570 21st Avenue, S.W. Naples, FL 34117 District: 5 Category: Environmentalist 404-01o4 06/26/01 06/26/02 I Year 455-7858 06/25/02 06/26/03 1 Year 643-4111 06/26/01 06/26/02 1 Year 455-8383 06/25/02 06/26/03 1 Year Mr. Russell Tuff 353-04~4 06/26/01 06/26/02 1 Year 2642 44th Terrace, S.W. 353-1687 06/25/02 06/26/03 1 Year Naples, FL 34116 District: 3 Category: Civic ~.~a~,~ Mr. James Streeter ¢~ ,v3a, 793-9501 06/11/02 06/26/03 I Year 3191 Golden Gate Boulevard 353-9193 06/25/02 06/26/03 I Year Naples, FL 34120 District: 5 Category: Law Enforcement Thursday., June 20, 2002 Page 2 of 3 OCT 2 2 2002 Golden Gate Estates Master Plan Ad Hoc Advisory Committee F~ork Phone /lppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the development of any necessary Request for Proposals (RFP's) for consulting sen/ices; aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fdnge Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; and identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, and assessment of Iocafional criteda for Conditional Uses. Terms are I Year FL STAT Staff: Amy Taylor, Principal Planner:. 403-2400 Tharsday, Jttne 2~. 2~02 Page 3 of 3 No. ye_ ~' '" 2002 C£T: ~._ MEMORANDUM I \. \ DATE: September 9, 2002 TO: FROM: Elections Office. Sue F~lson, Executive Manage~ Board of County Commission~i~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG AREA MASTER PLAN AD HOC ADV COMM Ed Carlson 3331 1~ Avenue, N.W. Naples, FL 34120 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: September 9, 2002 Glenn E. Heath, AICP, Pt;,,cipal Planner Planning Services f)~ Sue Filson, Executive Manag Board of County Commi.~sioners Golden Gate Area Master Plan Ad Hoc Advisory Committee As you know, we cu~remly have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resutne for consideration. I have attached the resumes received for your review as follows: Ed Carlson 3331 1 ~: Avenue, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, and I will prepare an executive summary for the Board's consideration. Please categorize the applieanta 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 OCT 2 2 RUG. ?. ~ 1: 15PM ~TIO~L ~UDUBO~ Board of County Co. mmi~ioners ~01 g. tst Tamiauu Trail N~I~, ~ ~112 ~4~) 77~7 ~: (~1) 77~2 Application for Advisory Committees/Boards ~.m,: ~D Bo,,do, - Are you a registered volr. r in Collier County: Yes ~ No '-- ..... o~ . _ ,.sc ~' Pleme ~ your community aetiviti~ (civic clubs, neighborhood associations~ etc. and positions .-kL.-o_ (,~,~ "' r: rL ~_ '" '- ;4 !..--? z ,::.:02 MEMORANDUM DATE: TO: FROM: October 2, 2002 Jim Mudd, County Manager Board of County Commissioners Fred W. Coyle Commissioner, District 4 Right-of-way costs OCT - 2002 ACTION, Ft:.E Because right-of-way costs represent such a large component of road construction costs, I think it is important that we consider alternatives to condemnation in an attempt to lower costs. I believe we should take the following action: · Consider providing incentives to landowners to donate right-of-way; · Define the tax benefits to the landowner of donation of right-of-way to the County: · Evaluate the possibility of a "Roadway Land Trust" which would permit us to obtain and hold land in anticipation of fitture roadway use; · Conduct a comprehensive review of afl_[ land parcels that might be needed for future roadway development or expansion; and · Define any opportunity for land swaps or transfer of development rights (TDR). This can best be accomplished by designating a temporary advisory committee with members who possess the requisite skills to evaluate the complex issues involved and make recommendations to the Board of County Commissioners. I believe this approach would be more proactive and result in the savings of millions of taxpayer dollars. I would like to request that this issue be placed on the next BCC agenda for discussion. Commissioner, District 4 FWC:vgr EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD ~: To appoint 2 members to serve on the Parks and Recreation Advisory Board. CONSIDERATIONS: The Parks and Recreation Advisory Board had 2 resignations, 1 representing the Urban Area and 1 representing the Immokalee area. Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Cowmunity Park District. This 7-member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. Mr. Samuel E. Wellborn representing the Urban Area resigned on August 8, 2002 and Mr. Edward Olesky representi~the Immokalee area resigned after becoming a candidate for elective office. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DiST ELECTOR ADV. COMM. John MaeDousall Urban 2 Yes None Carlos Aviles Immokalee 5 Yes Hispanic Affairs Advisory Board Ronald W. Moore Urban I Yes None COM1V~xlTTEE RECOMMENDATION: John MacDonald - Urban - expiring 12/31/03 Imm0kal~e Area vacancy: the committee is recommending that we re-advertise for the Imxi~0kalee position because the applicant was unable to attend the last two meetings to be interviewed. If appointed the term will expire December 31, 2006. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMI~N-DA'FION; ,That the Board of County Co .m..m?. io .her? consider the reco _m~.ndation for appointmm~ make appointments, and direct ~ County Attorney to prepare a re~olution confirming thc appointments. prepared By: Sue Filson, Executive Manager Board of County Commi~ioners Agenda Date: OCTOBER 22, 2002 Memorandum To: From: Date: Subject: Sue Fiison, Administrative Assistant Board of County Commissioners Maris Ramsey, Director Depar~m®nt of Parks and Recreation October 10, 2002 Parks and Recreation Advisory Board At yesterday's meeting of the Parks and Recreation Advisory Board, applicants were considered for appointment to this Board. The following recommendation, in order of expertise, was made for the Urban District: 1. John MacDougall 2. Ronald W. Moore (he has just been appointed to another Board that meets the same days and times that PARAB does). Immonakee District: Carlos Aviles not recommended. He accepted, and then was unable, to attend the September PARAB meeting and did not respond to the invitation for an interview at the October PARAB meeting.. (Letter and e-mail sero as well as a telephone message) Please re-advertise the Immokalee District position. If you have any questions, please call 353-0404. F)ar~s and Recreation Department Parks and Recreation Advisory Board St~me Ms. Lindy D'Amico 1303 Solana Road Naples, FL 34103 District: 4 Category: Urban Ms. Mary EUen Rand 550 110th Avenue,IN. Naples, FL 34108 ~' District: 2 Mr. Samuel E. Wellbom~l ~.~ 815 Nursery Lane Naples, FL 34119 District: 3 Category: Urban Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 403-5130 06/22/99 12/31/02 649-4093 Tel'm 2nd Term 3 Years 4374601 10/26/99 12/31/01 2 Years 514-3763 12/11/01 12/31/05 4 Years 02/08/00 12/31/03 4 Years Mr. John P. Ribes 218 Woodshire Lane Naples, FL 34105 District: 4 Category: Urban 455-4694 Mr. Frank Donohue 5961 Westport Lane Naples, FL 34116 District: 3 2614007 10/24/00 12/31/03 3 Years Mr. Edward Olesicy 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee 5974575 05/28/02 12/31/02 353-8584 l, Vedntsday, May 29, 2002 05/26/98 12/31/98 657-2401 1/12/99 12/31/02 Page I of 2 7~months J 4 Yrs. Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles M. McMahon, Sr. 4416 27th Court, S.W. Naples, FL 34116 District: 3 Category: Urban 353-2055 01/22/02 12/31/05 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of I member from the Immokatee Community Park District, and 6 members from the Naples and Urban. Area Community Park District. Terms are 4 years. FL STAT Staff: Maria Ramsey, Parks and Recreation Director. 353-O404 Wednesday, May 29, 2002 Page 2 of 2 MEMORANDUM DATE: September 9, 2002 TO: FROM: Elections Office Sue Filson, Executive Manag~ Board of County Commissioner~' 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. PARKS AND RECREATION ADVISORY BOARD COMMISSION DISTRICT John MacDougall 9809 Whitshall Street Naples, FL 34109 Carlos Aviles 713 North 9t~ Street Immokalee, FL 34149 Ronald W. Moore 8401 Mallow Lane Naples, FL 34113 Thank you for your help. I OCT222DD2 I MEMORANDUM DATE: TO: FROM: September 9, 2002 Mafia Ramsey, Parks and Recreation Director Sue Filson, Executive Manager~, Board of County Commissioners Parks and Recreation Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John MacDougall 9809 Whitshall Street Naples, FL 34109 Carlos Aviles 713 North 9a~ Street Immokalee, FL 34142 Ronald W. Moore 8401 Mallow Lane Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fxame, and I will prepare an executive stmuxary 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. 19/03/2002 21:46 Board of Cotmty Con~ission~m [~001 Do you iJow s~ve,, oe. have you ever served; ~ a:Callie, r Comaty boreal ~ committal? Ycs li~ thc' o-,,,,,.iu~=cooa~: Ify~s,*plm,' http../ / co ~.n~ g o v l app.h un 7 Carlos Aviles 713 North 9m ST. Immokalee, FL 34142 October 23,2001 Attention: Mrs. Sue Filson, Executive Manager to BCC 3301 Tamiami Trail East Naples, Florida 34112 Dear Selection Committee: The accompanying resume is in response to the currem opening for The Parks and Recreation Advisory Board, representing the area of Immokalee. I am very interested in this position- My life experiences while in the military, and as a law enforcement officer in this county have prepared me to assist with the current Parks and Recreational issues in Collier County. I am looking forward in using my training, experience, and community skills to assist with the projects in Collier County, and making our county a more prosperous and better place to live and work. My ideas on how to address the current issues being faced in Collier County will be of particular interest to the current board members and the Board of County Commissioners. For any questions, I can be reached at 986-0107 or pager 279-8372 (MrCAviles~aol.com). I look forward to hearing from you. Sincerely yours, Carlos Aviles Carlos Aviles 713 North 9th ST. Immokalee, FL 34142 239-986-0107 or 941-2 79-8372 Email: MrCAviles~aol. com Education: \ Masters of Science' (candidate) Public Admini.qlxation International College, Naples, Florida Bachelors of Science Management and Public Administration International College, Naples, Florida 2002 Diploma Florida Law Enforcemem and Corrections SW Florida Criminal Justice Academy Certificate Middle Management and First Line Supervision SW Florida Criminal Justice Academy Certificate Introduction to Community Policing-problem solving for the Police Officer and Citizen St. Petersburg Junior College, St. Petersburg, FL Certificate Sales & Management Training US Army Diploma Basic Noncommi~ion Officer Leadership and Primary Leadership Development US Army Employment History: 1997-prescm Law Enforcement Officer Collier County Sheriffs Office Performed Law Enforcement duties to combat crime in Collier County. Interact with the community to establish solutions to make the community a safer and better place to live and work- Served as a Drill Instructor in a paramilitary boot camp setting to provide Discipline and leadership tools to juvenile crime offenders so they could become law abiding and productive citizens. 1997-present Platoon Sergeant US Army and Florida National Guard Served in various leadership and managemem's positions. Managed the unit's maintenance program. Managed the Unit's Driving Program. Additional duties include: Conducting and implementing new training in aspects of professional growth and leadership development. 1994-1995 & 1996-1997 Army Instructor US Army Served as an Army Instructor to developed young recruits in their military specialties. Selected as "Best Instructor" six times, and Battalion and Brigade Noncommission Officer of the Quarter. 1995-1996 Post Project Coordinator Ft. Jackson, SC Federal ~mnaign for the United Way. Coordinated Ft. Jackson's annual Combine developm~-nt~of productive fund raising Supervised local area coordinators with thc operations. Conducted public speeches and interacted With perspective donators. The total effort resulted in raising 1.2 million dollars. Memberships/Associations: prcaident-Immokalee Jaycees, Board Member-Collier County Hispanic Affairs Advisory Board, Board Member- Collier County's Pathway Advi~.ry Member-Florida Sberi~s Association, Member-Hisponic National Law ~nt~ Association, Member-National Council of La Raza Pg. /0 Board of Coun Comm~l~el~ Naple~, FL 34112 (941) 774-8097 ~ 2 ~ ~ Fax: (941) 774-3602 'i-.: ..' ~r~ of County Comm~'/ Application for Advisory Committees/Boards C,,go~ (if a~licable): d~ Are you a revered voter ~ Co~r Co~: Yes ~. No Do you currently hold p~iie office? Ye~ ~ No If~atisthat~e? ~OARD OF ~ ' '~ ' ' . . ~ ~- ~ · ~ ~'z" ~,~r~,~.r ~ y~ now ~ or have y~ ~er ~ on a C~i~ C~ ~ or ~i~ Y~ No ~ lf~ ~ ~ ~e ~m~~: , Please list your community activities (civic clubs, neighborhood associations, etc. and positions EXECUTIVE SUMMARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY OBJECTIVE: To complete the annual performance appraisal for the County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual appraisal is conducted. An annual work plan (Action Plan) was developed. The County Attorney has provided a commentary and self-appraisal as a starting point for this year's appraisal. He has met individually with each Board member to discuss the past year's performance to determine what elements Board members recommend or direct to be performed better or differently and what aspects of the office operation were done well. A compilation of the Commissioners' written evaluations is included along with each individual assessment. As with all County employees, annual salary adjustments are to be determined. The County Attorney Employment Agreement provides that on the date general wage adjustments are granted generally to Collier County employees, the County Attorney's base salary shall be modified to reflect the general wage adjustment granted to other County employees. This year merit pay is also available if the Board feels that the County Attorney has "met," "exceeded" or "far exceeded" the Board's expectations. Merit pay can be awarded at 1%, 2.5% or 3.5% increments based on the plan in place for all County employees. FISCAL IMPACT: The County Attorney's current salary is $144,922.44 and is supported by the General Fund. Depending on the final salary adjustment determined by the Board, the cost to the general fund including cost-of-living may range from $4,523.03 to $8,222.18. Funds are available to support this range of adjustment. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners complete the annual performance appraisal process for the County Attorney and determine salary adjustment. ~~,~t~MAI~ .OARD OF COUNTY COMMISSIONERS OCT 2 2 COUNTY ATTORNEY EVALUATION SUMMARY OF RATINGS COMMISSIONER ITEM COLETTA HENNING CARTER COYLE FIALA AVERAGE Legal Advice L. 1 4.50 2.00 3.75 3.00 2.75 3.20 L.2 4.67 no rating 5.00 3.67 4.33 4.42 L.3 3.50 3.00 3.50 3.00 3.00 3.20 L.4 4.25 3.00 5.00 3.75 2.75 3.75 Communication, Public Response =& Outreach C.1 4.67 3.00 4.00 3.67 3.33 3.73 C.2 4.50 3.00 4.00 3.25 3.00 3.55 C.3 4.50 3.00 4.00 3.50 3.50 3.70 C.4 4.00 3.00 4.00 3.50 2.50 3.40 Fiscal Mana~lement F.1 4.50 3.00 3.00 3.00 4.00 3.50 F.2 4.50 3.00 4.00 4.00 4.00 3.90 F.3 4.00 3.00 3.00 3.00 3.67 3.33 Leadership / Personnel Mana.qement ;:'.1 4.50 3.00 4.00 3.00 4.00 3.70 ,P.2 4.50 3.00 4.00 3.00 2.)~ 3.30 P.3 4.00 3.00 4.00 3.50 40:(~ 3.70 P.4 3.67 3.00 4.00 3.00 3 3.33 P.5 4.00 3.00 4.00 , 4.00 3.00 3.60 IAveragesPer I 2.93 Commissioner I 4.27 3.95 3.36 3.30 Overall Average I 3.58 Evaluation performed by: Commissioner James D. Carter The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2002 through September 2003. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale [1 - Far Below Standards; 2 - Below Standards; 3 - Meets Standards; 4 - Exceeds Standards; 5 - Far Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. LEGAL ADVICE MEASURES Rating L.1 The County Attorney will provide proactive o Communication skills (written and oral) advice, and assure timely responses to both are effective, clear and concise written and oral questions from the Board of o Responsive to questions County Commissioners, County Manager, his o Advice demonstrates that the issues agencies and employees, have been thoroughly analyzed o Provides creative and proactive responses OCT 2 2 2002 ..... :*-*;-i_; * ' ' .:-*.~...~,.;.'.. The members of the County Attorney Office ......... : .... * :~*~*''' .... : .... r~ ~ have initiated contacts with Commissioners, the · ' ::'" ~-' ;-7 .-... . "?~ .:;.'-*'.,' ~:: County Manager and staff to proactively . ~ - . provide solutions to complex legal issues. The ..... . staff in the Office of the County Attorney . . -.-'. .... ..,-..:.~;.:,...~. ~.:,,¢..;¢ ......... -.... ,. -. ,.?£ :- ' -5:- - . endeavor to respond to questions and issues in .... . ~;~ ..-- ,-..~ -~ -- ., ~, ~_:.-~; .,-~... ..... ,.-~. a timely manner while providing the assurance "; ~. ,'- ~.~-:;-'--'- -,.~;'¢-;.'~ .~'': ~- ";~;~"-" '""' '.~'~ i to the client that the matter has been thoroughly researched and analyzed. ; ~'~~?,~.-~'~" "' '~-~"'~'~ r'''% L.2 The County Attorney will assure that the 63 Best utilization of in-house and outside 5 County is provided the best possible counsel representation in all litigation matters. 63 Effective selection of outside counsel / expertise in specialized fields 63 Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques Self Analysis of L.2 - .' . . · - '.. .... The Office of the County Attorney becomes - ' ' involved in a variety of types of lawsuits such ,'~ as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, animal control. Most of these cases are handled by in-house counsel when we have the expertise in the area and the personnel available to handle them. In the instances outside counsel is necessary, I am careful to choose the law firm that is best able to represent the County's interests. Additionally, I make sure that the Board is kept informed of the status of cases through a variety of types of communications: personal meetings, shade meetings, public meetings, _ memos, etc. ~L.3 The County Attorney will assure that o New legislation reviewed and copies of -'~ accurate, prompt legislative updates and appropriate bills provided to suggestions are provided to the Board Commissioners and staff in a timely members, County Manager and county staff, manner 63 Thorough analysis and its effects on the County provided to Commissioners and staff in a timely manner Self Analysis of L3. The County Attorney works closely with the County Manager and his staff regarding legislative updates and recommendations to the BCC. This office provides analysis of new legislation to staff in a timely manner and responds to any questions regarding same. ~-~ ~ have appeared before the Legislative Delegation annually and work with the 0~T ~- ~- ~- Legislative Delegation on county-related issues· ~ .... L.4 The County Attorney shall advise the Q Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on [3 Responsive to questions Ethics opinion requests, and inform the Board [] Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed Attorney shall be evaluated for opinions [] Provides creative and proactive provided relating to Chapter 112, Part III, responses Florida Statutes and the Collier County Ethics . Ordinance. Self Analysis of L.4 . . :~. ~ ...... ., ~.~ ....... . . · , . -F,:~--"~ .~...~ .:::~:.-,:--. ,'~ L~.'-~,~"~ The County Attorney has taken a proactive ,-., ....... .~:~ ~. :.~ ..-~ ..~_ ~ ~.~~. :-.' : :; :~':"" ~'..~. ~. '.~C,;;" L:.~?'~;~J:'~ ;~-;~ position with Commissioners and county staff :' ~_.~.~?-:: ..... '~-..;~-,._-?~.~, ~ '- regarding Ethics, Sunshine Law, Public ~. '-'- · . ~:-.:~-,7~-~ .- . 'L_,- · ~-. ~;: ~~ ~":' Records law, and Ex Pa~e Communicat~ns ; '.~;.r:?.;~ .... . . - :; ,~-?. issues. The County A~orney Office has ' '-~"" ~' "':'" - - "" .... ~-~'~ "-' developed and maintains a close working· ..,~'.--"z,.. ~-., ....... '"r ' : ' ~'~::"~':~? ' relationship with the ~unshine Law / Public .'}" ~'~?~ ~" :" ' ?'"~z":"~':~;""~ Records Law, Deput~A~orney General and the : ' Counsel to the Commission on Ethics. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be ~ Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as pedormed. ~ Proactive review of division / department policies and suggest possible updates. Q Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Self Analysis of C. 1 The Office of the County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. Informational workshops relating to Sunshine Law, Public Records law and Ethics have been made available to and presented for all advisory boards and County Manager staff. This office, through Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli, have been particularly diligent in educating the County Manager staff in the area of maintaining and responding to Public Records Requests and assisting in the preparation of a uniform 2rocedure for staff to follow. C.2 (Internal) The County Attorney will be [] Provide creative and proactive advice to expected to regularly communicate with the questions or issues that arise or have the County Manager, his Division Administrators potential of arising OCT 222002 and Department Directors, and the Q Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Self Analysis of C.2 ., ~ ...... . .... ,'.?~.. · -'--.:' ~?.~,,~.,-',... The County Attorney and Assistant County .......... "'-' .... "~ ...... · "'-:~'-'~':" ' Attorneys routinely meet with the Division _ ,. -.~ ~ ~- ... ~ .... Administrators and Department Directors to .... -..~-,_ ...... . ¢: ~-. ensure that their needs and expectations are · .... ,...?~,.~ ,, ,::.;. ,~.; being met. The County Attorney and/or Chief ' ......... ' ........ '-'" .... ~ Assistant County Attorney also attend the ' '" 'i:' '. ~ :: ~ ':? ' ":'~.-. :?....~..,~._.~. ~.~ ~,:. County Manager Division staff meetings in an .: ..... :, .; .... .-.: ,,~.. · · r, -: . ? '- ~. -.,. ~,-",?.~---.,-:~'~' ~ ',--, effort to maintain efficient, effective working ~ _ ,, ;~ ~, ,~'~;:~.%-~· ~, ~:~<....,.,~ ~.~.. relationships and be aware of any issues that -- ....... ~ -~' ........... ~' ...... ~'~'., :';~ ~- ' .... may be on the horizon. ... .... :...- · :- ~,·.. ..- , - .. .-~ The County Attorney and/or Chief Assistant ? '~ ' ' "' County Attorney also maintain excellent' working relationships with the Constitutional Officers. C.3 (External) The County Attorney will be Q Communication skills (written and oral) expected to provide information to the public are effective, clear and concise through public speaking engagements, Q Makes himself available to attend seminars, print and electronic media· meetings when requested Self Analysis of C.3 ~... ' "he County Attorney is the past Secretary, present Vice-President of the Florida ¢..~'~'O~ Association of County Attorneys. As Secretary, David Weigel was responsible for putt~n§ on the annual seminar which was hosted here in Collier County on Marco Island. The theme of the seminar was "How to Make Your County Attorney Office the Best It Can Be" and also included topics such as DCA Update, Liability Avoidance, Construction Contract Choices. -Iome Rule, Management, etc. Additionally, the County Attorney has made presentations at local schools and a local legal support professional organization.. 0.4 The County Attorney will be expected to Q Ability to communicate effectively, administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate Q Responsive to questions manner. Self Analysis of C. 4 Response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous proactive responses to questions and issues OCT 2 2 281 that arise from the public sector relating to county matters: 4 FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an [] Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget '-~ County Commissioners for review and approval Q Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Self Analysis of F. 1 _. :: .~ . I have been fiscally responsible and presented .: -;.;¢-;::.. .:-- ,.: .,.:~?~ well analyzed, cost effective budgets to the . '!::!~;i ~i:~:'.' '. '' -· '~ ~':~.'~'~,-' ~'~ ~'~;~ ~"'~'- ~ ' Board. When increases have been requested, ' ..... '-~:'~ .... they are in response to ever increasing legal demands placed on the office and my attempt to provide the Board with the most efficient, effective legal representation possible.: F.2 The County Attorney will assure that the [] Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally effectively administered and the Board is timely responsible informed on any extraordinary matters arising ~ Communicate in a prompt, timely manner d throughout the year. any extraordinary issues that arise during the fiscal year. Self Analysis of F. 2 I have been a fiscally responsible manager of the office and have come to the Board only when issues arise that are out of the ordinary. I have a conservative approach to cost control. F.3 The County Attorney will assure that bond r~ Responsive to questions issues and other financing matters of a legal [] Advice demonstrates that the issues nature are coordinated through the County have been thoroughly analyzed Manager, Clerk, Financial Advisor, Bond [] Demonstrates a comprehensive Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Self Analysis of F. 3 The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisory, Bond Counsel, Disclosure Counsel and county staff). OCT 2 2 2002 LEADERSHIP / PERSONNEL The County Attorney will assure that there 63 are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office. Self Analysis of P. 1 Attended national Public Law Office Management Conference / San Antonio and county management course presentations to assist my management skills development and office application. Enhanced employee morale, team building and "Solution thinking" have been emphasized. Goals and objecbves are communicated through staff meetings, individual discussions, and memos to ail staff. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney's Office in pursuit of said goals. Self Analysis of P.2 Establishing close working relationships with the Board, County Manager and client departments provide the County Attorney with effective tools to utilize in preparation of the goals and objectives of the office. P.3 The County Attorney will assure that employees are provided pedormance expectations and pedormance evaluations that are designed to enhance pedormance. Self Analysis of P. 3 In addition to the annual performance evaluations, meetings are scheduled three times per year to give and receive feedback from employees and to assure that there is a mutual understanding of expectations. From MEASURES Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions. Application of management techniques to ensure compliance with organizational policies and directives, to control quality, and costs. Rating Application of management techniques to ensure creative and proactive assistance to respective clients· Guide and direct staff to maximize legal resources with client needs· r~ Provide encouragement, gu ice and direction to subordinates with regard to their develol~merit and improvement. Coaching, c(~.unseling and helping employees o~ercome job problems and develop career plans. [] Assess pedormance strengths and deficiencies, encourage and reward employees and/or exercise appropriate disci ,iine. OCT 2 2 1002 these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. P.4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. Self Analysis of P. 4 This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are four (4) Board Certified Florida Local Government Law Attorneys, four (4) Certified Legal Assistants and two (2) legal assistants that have law degrees. P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. Self Analysis of P. 5 All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will better enhance their knowledge and skills. Attorneys and legal ass;stants also participate in professional and Florida Bar seminars in their respective areas of practice. [3 Understanding of effective interviewing techniques [3 Thorough awareness of organizational needs and desires [] Knowledge of market conditions relating to compensation and benefit packages ,q Encourage employees to attend training to better enhance knowledge and skills [] Periodic in-house training for updates and uniformity of legal performance by staff OCT 2 2 21302 The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2002 through September 2003. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale [1 - Far Below Standards; 2 - Below Standards; 3 - Meets Standards; 4 - Exceeds Standards; 5 - Far Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. LEGAL ADVICE MEASURES Rating L.1 The County Attorney will provide proactive o Communication skills (written and oral) _5- - advice, and assure timely responses to both are effective, clear and concise written and oral questions from the Board of ~ Responsive to questions County Commissioners, County Manager, his Q Advice demonstrates that the issues ~' agencies and employees, have been thoroughly analyzed a Provides creative and proactive _ _ ~resp°nses. s. OCT 2 2 2002 Self Analysis of L. 1 The members of the County Attorney Office have initiated contacts with Commissioners, the County Manager and staff to proactively :. - , ....... i.~ .'- ~rovide solutions to complex legal issues. The . . staff in the Office of the County Attorney ~ .' '. ...... endeavor to respond to questions and issues in · - ~.,:.~.~,, :., :. ~.: '~,.,~' a timely manner while providing the assurance to the client that the matter has been __ thoroughly researched and analyzed. ' "~ ....... '~'"' L.2 The County Attorney will assure thattthe County is provided the best possible ~ counsel representation in all litigation matters. ~, expertise in specialized fields Q Well chosen litigation communication ti' techniques, e.g. public meetings, shade meetings, written and spoken communiques Self Analysis of L.2 The Office of the County Attorney becomes involved in a variety of types of lawsuits such as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, animal control. Most of these cases are handled by in-house counsel when we have the expertise in the area and the : personnel available to handle them. In the instances outside counsel is necessary, I am careful to choose the law firm that is best able to represent the County's interests. . Additionally, I make sure that the Board is kept :- ..-? ~--.~:~-~,~y...-? ..... :.r--~ informed of the status of cases through a _...~ ....... . variety of types of communications: personal ' meetings, shade meetings, public meetings, . . : :. memos, etc. L.3 The County Attorney will assure that B New legislation reviewed and copies of accurate, prompt legislative updates and appropriate bills provided to suggestions are provided to the Board Commissioners and staff in a timely members, County Manager and county staff, manner County provided to Commissioners and staff in a timely manner -~ ....... -., ....... .... ..... .,~ ,,¢~., Self Analysis of L3. - The County Attorney works closely with the : ,:- L-: _~-'- ;: :~,~,~'~~~-~.':*¢.¢,.~. ~ County Manager and his staff regarding .... legislative updates and recommendations to . -... _ ,.. : %:-:'; .:: .' ¢ legislation to staff in a timely manner and .... responds to any questions regarding same. I have appeared before the Legislative -:..~:,,~ .,..~:...: . ~,::; -¢-':,'~,,~:-;,..;? ...:....~, ),; , ;~t;.-,..., Delegation annually and work with the .':-' .... Legislative Delegation on county-related " issues. L.4 The County Attorney shall advise the [3 Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on [3 Responsive to questions Ethics opinion requests, and inform the Board [3 Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed Attorney shall be evaluated for opinions [3 Provides creative and proactive provided relating to Chapter 112, Part III, responses Florida Statutes and the Collier County Ethics Ordinance. SelfAnalys~S of L.4 ...... :'~-:~i' - .... ~ "' .... The County Attorney has taken a proactive position with Commissioners and county staff regarding Ethics, Sunshine Law, Public Records law, and Ex Parte Communications ~ -. issues. The County Attorney Office has developed and maintains a close working relationship with the Sunshine Law / Public Records Law, Deputy Attorney General and the Counsel to the Commission on Ethics.. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (internal) The County Attorney will be ~ Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as pedormed. :~ Proactive review of division / department policies and suggest possible updates. ~ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Self Analysis of C. 1 The Office of the County Attorney has taken a proactive, preventative, educative approach to '";! '." ~!~ i~ -: 'i-:/: i'" assist in reducing the number of legal issue and lawsuits in the workplace. Informational ' ' .... ; '; --'+- '-~' workshops relating to Sunshine Law, Public . . : .._- .~,...;. ~ .; ..'.~ ~...~ :~ available to and presented for all advisory ..,.-. ~,.-.,,.,-..,.~ ~.~ ..:. , .=,i~....:.::.,. :~, boards and County Manager staff. This office, . ...... ..., ....... ~:- ..... .~--~ ..... ~;;~;~.~-. Pettit and Certified Legal Assistant Marian Colli, --" ................ -"~ ........ "~'~-~ ........ have been particularly diligent in educating the .,... ; ;- ;:;-:..~ .... :. ,:;~.,~ ~.~,~.;.~.,~.~;.~+~t,~.,,~ '~~; County Manager staff in the area of maintaining .. , . _,~.~ .. ..........~...k,.... -;...: .... ..~. ~.. ,,.,~.~.~...,.~..~.. and responding to Public Records Requests _....,,.... ~:, .... . .... . .. procedure for staff to follow. C.2 (Internal) The County Attorney will be [3 Provide creative and proactive advice to expected to regularly communicate with the questions or issues that arise or have the County Manager, his Division Administrators potential of arising .-.. and Department Directors, and the [3 Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Self Analysis of C.2 The County Attorney and Assistant County Attorneys routinely meet with the Division ~ i"?-: Administrators and Department Directors to ensure that their needs and expectations are being met. The County Attorney and/or Chief Assistant County Attorney also attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and/or Chief Assistant County Attorney also maintain excellent working relationships with the Constitutional Officers. C.3 (External) The County Attorney will be ~ Communication skills (written and oral) expected to provide information to the public are effective, clear and concise through public speaking engagements, ~ Makes himself available to attend seminars, print and electronic media, meetings when requested Self Analysis of C.3 The County Attorney is the past Secretary, present Vice-President of the Florida Association of County Attorneys. As Secretary, )avid Weigel was responsible for putting on the annual seminar which was hosted here in Collier County on Marco Island. The theme of ',.~:..-' the seminar was "How to Make Your County Attorney Office the Best It Can Be" and also included topics such as DCA Update, Liability Avoidance, Construction Contract Choices, - . presentations at local schools and a local legal C.4 The County Attorney will be expected to administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate [3 Responsive to questions manner ...... Self Analysis of C. 4 -_. - ...... ...~ the office. We have established a good record and reputation for providing prompt, courteous . . proactive responses to questions and issues ' ' .. - - that arise from the public sector relating to FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an ~ Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval ~ Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Self Analysis of F. 1 I have been fiscally responsible and presented well analyzed, cost effective budgets to the Board. When increases have been requested, they are in response to ever increasing legal demands placed on the office and my attempt to provide the Board with the most efficient, effective legal representation possible. F.2 The County Attorney will assure that the ~ Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally effectively administered and the Board is timely responsible informed on any extraordinary matters arising Q Communicate in a prompt, timely manner ,.~ throughout the year. any extraordinary issues that arise during the fiscal year. Self Analysis of F.2 I have been a fiscally responsible mar~ager of the office and have come to the Board only when issues arise that are out of the ordinary. I have a conservative approach to cost control. F.3 The County Attorney will assure that bond r~ Responsive to questions issues and other financing matters of a legal r~ Advice demonstrates that the i~ues nature are coordinated through the County have been thoroughly analyzed.1 Demonstrates a comprehensiVb' Manager, Clerk, Financial Advisor, Bond ~ Counsel, and Disclosure Counsel. understanding of bond issues and related financing m~tters Self Analysis of F. 3 \:' '-'~ : " '" ' ~'~ The financing issues that come to this office ,.... ,;, .r. :. ?. :- ;., .-? -': ¢:~,? ,,~:¢m are responded to and handled in a coordinated _., · ~ ;.' -. ,~ ,: .,.- :.?..~-: ¢..-:,-: ,.-.~-::~.~*~', manner with all participants (Clerk, Financial Advisory, Bond Counsel, Disclosure Counsel ,.: ~¢~,~.;-,,..,,.¢,~:,::, and county staff). . - ;?:;:;:~::;-!!;'-'.;-. r-:-~.. '. 5 2002 LEADERSHIP / PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there ~ Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate ~,~ that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. r~ Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. Self Analysis of P. 1 Attended national Public Law Office Management Conference / San Antonio and county management course presentations to assist my management skills development and office application. Enhanced employee morale, team building and "Solution thinking" have been emphasized. Goals and objectives are communicated through staff meetings, individual discussions, and memos to ali staff. J P.2 The goals of the Board of County 'q Application of management techniques to Lz" Commissioners and County Manager are ensure creative and proactive assistance effectively understood and proper assistance is to respective clients. provided by the County Attorney's Office in ;l Guide and direct staff to maximize legal pursuit of said goals, resources with client needs. Self Analysis of P.2 Establishing close working relationships with the Board, County Manager and client departments provide the County Attorney with effective tools to utilize in preparation of the goals and objectives of the office. P.3 The County Attorney will assure that r-] Provide encouragement, guidance and employees are provided performance direction to subordinates with regard to expectations and pedormance evaluations that their development and improvement. are designed to enhance pedormance. Coaching, counseling and helping employees overcome job problems and develop career plans. r~ Assess pedormance strengths and deficiencies, encourage and reward / employees and/or exercise appropriate discipline. Self Analysis of P. 3 - ~: -" ' In addition to the annual pedormance . "'..- ;:' ':'~ ' ~ -'~ -; i',¥i~:-,. evaluations, meetings are scheduled three times per year to give and receive feedback . . from employees and to assure that there is a mutual understanding of expectations. From ~' r these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. P.4 The County Attorney will assure that r~ Understanding of effective interviewing qualified applicants are recruited and selected techniques to provide the Board with superior legal advice Q Thorough awareness of organizational needs and desires and representation. :3 Knowledge of market conditions relating to compensation and benefit packages Self Analysis of P. 4 This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are four (4) Board Certifieci Florida Local Government Law Attorneys, four (4) Certified Legal Assistants and two (2) legal assistants that have law degrees. P.5 The County Attorney will assure that :3 Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills Board is being provided with the best legal :3 Periodic in-house training for updates advice and representation possible, and uniformity of legal pedormance by I staff Self Analys/s of P.5 All employees within the office are encouraged to attend training classes provicJed by the Human Resources Department that will better entrance their knowieclge and skills. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through, the assistant county attorneys and supporting staff represent the County in wide-r~nging complex litigation relating to implementation of government policies and capita~ projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the ~lrafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2002 through September 2003. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale [1 - Far Below Standards; 2 - Below Standards; 3 - Meets Standards; 4 - Exceeds Standards; 5 - Far Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. LEGAL ADVICE MEASURES Rating L.1 The County Attorney will provide proactive [] Communication skills (written and oral) advice, and assure timely responses to both are effective, clear and concise '~ written and oral questions from the Board of [3 Responsive to questions '~ County Commissioners, County Manager, his [] Advice demonstrates that the issues agencies and employees, have been thoroughly analyzed '~ [] Provides creative and proactive ~> responses Self Analysis of L. 1 The members of the County Attorney Office have initiated contacts with Commissioners, the County Manager and staff to proactively provide solutions to complex legal issues. The staff in the Office of the County Attorney endeavor to respond to questions and issues in a timely manner while providing the assurance ....... · to the client that the matter has been ........ ~ ..... " ' · thoroughly researched and analyzed. L.2 The County Attorney will assure that the [3 Best utilization of in-house and outside County is provided the best possible counsel representation in all litigation matters. [3 Effective selection of outside counsel / expertise in specialized fields gl Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques Self Analysis of L.2 The Office of the County Attorney becomes involved in a variety of types of lawsuits such as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, animal control. Most of these cases are handled by in-house counsel when we have the expertise in the area and the personnel available to handle them. In the instances outside counsel is necessary, I am careful to choose the law firm that is best able to represent the County's interests. Additionally, I make sure that the Board is kept informed of the status of cases through a variety of types of communications: personal meetings, shade meetings, public meetings, . .-_.. ~ ' · ....~. memos, etc. L.3 The County Attorney will assure that a New legislation reviewed and copies of accurate, prompt legislative updates and appropriate bills provided to suggestions are provided to the Board Commissioners and staff in a timely members, County Manager and county staff, manner [3 Thorough analysis and its effects on the County provided to Commissioners and staff in a timely manner The County Attorney works closely with the ~ -. -~',~-,' ....... -',':'~:'~'~ .... '~-' ' ~ ..... County Manager and his staff regarding . .. legislative updates and recommendations to ... the BCC. This office provides analysis of new legislation to staff in a timely manner and responds to any questions regarding same. I have appeared before the Legislative Legislative Delegation on county-related issues. L.4 The County Attorney shall advise the r-, Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise -~ General Opinion requests, or Commission on r~ Responsive to questions ~ Ethics opinion requests, and inform the Board [3 Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed ~ Attorney shall be evaluated for opinions [3 Provides creative and proactive ,,~ provided relating to Chapter 112, Part III, responses Florida Statutes and the Collier County Ethics Ordinance. Se~f Analysis of L.4 The County Attorney has taken a proactive position with Commissioners and county staff regarding Ethics, Sunshine Law, Public Records law, and Ex Parte Communications issues. The County Attorney Office has ' developed and maintains a close working relationship with the Sunshine Law / Public Records Law, Deputy Attorney General and the Counsel to the Commission on Ethics. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (internal) The County Attorney will be r~ Provide interim workshops / seminars to A expected to educate and update county staff to county staff covering work related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as pedormed. ~ Proactive review of division / department policies and suggest possible updates. ~ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Self Analysis of C. 1 The Office of the County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue - -. and lawsuits in the workplace. Informational - workshops relating to Sunshine Law, Public ' - ' :" Records law and Ethics have been made -, · , · .... ':: "~ available to and presented for all advisory ..;. boards and County Manager staff. This office, ..: ........ - ,- "'~i-i '' ~ through Assistant County Attorney Michael ' - -,: ~:' . -.~:' ~:~';~::'.~",;~.;; ..... : have been particularly diligent in educating the .. ~-~; .~ · .. ~: County Manager staff in the area of maintaining : - · '. · .... ~,,-' ..: .... and responding to Public Records Requests '- -~ ,- .' ..... '-~ -'.,'-..- and assisting in the preparation of a uniform ., procedure for staff to follow. C.2 (Internal) The County Attorney will be Q Provide creative and proactive advice to expected to regularly communicate with the questions or issues that arise or have the County Manager, his Division Administrators potential of arising 3 and Department Directors, and the Q Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Self Analysis of C.2 The County Attorney and Assistant County Attorneys routinely meet with the Division -.- Administrators and Department Directors to ensure that their needs and expectations are being met. The County Attorney and/or Chief Assistant County Attorney also attend the ..=; .... County Manager Division staff meetings in an ........ effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and/or Chief Assistant County Attorney also maintain excellent working relationships with the Constitutional Officers. C.3 (External) The County Attorney will be r~ Communication skills (written and oral) expected to provide information to the public are effective, clear and concise through public speaking engagements, ~ Makes himself available to attend seminars, print and electronic media, meetings when requested Self Analysis of C.3 The County Attorney is the past Secretary, present Vice-President of the Florida Association of County Attorneys. As Secretary, David Weigel was responsible for putting on the annual seminar which was hosted here in Collier County on Marco Island. The theme of the seminar was "How to Make Your County Attorney Office the Best It Can Be" and also included topics such as DCA Update, Liability Avoidance,Home Rule, Construction Management, Contract etc. Choices, Additionally, the County Attorney has made . · ............. presentations at local schools and a local legal support professional organization. ~,' -i-.. ':.:. ~'- C.4 The County Attorney will be expected to administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate manner. Self Analysis of C. 4 ' . ,' ' Response to the public is a high priority within the office. We have established a good record . ........ ~, ~ .- , ......... and reputation for providing prompt, courteous, proactive responses to questions and issues - that arise from the public sector relating to : county matters ..... OCT 2 Z 2002 FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an r~ Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and '~> Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval ri Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Self Analysis of F. 1 I have been fiscally responsible and presented well analyzed, cost effective budgets to the Board. When increases have been requested, they are in response to ever increasing legal demands placed on the office and my attempt to provide the Board with the most efficient, effective legal representation possible. F.2 The County Attorney will assure that the ~ Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally 43¢._ effectively administered and the Board is timely responsible informed on any extraordinary matters arising -~ Communicate in a prompt, timely manner A throughout the year. any extraordinary issues that arise during the fiscal year. Self Analysis of F. 2 I have been a fiscally responsible manager of the office and have come to the Board only when issues arise that are out of the ordinary. I have a conservative approach to cost control. F.3 The County Attorney will assure that bond Q Responsive to questions issues and other financing matters of a legal [3 Advice demonstrates that the issues nature are coordinated through the County have been thoroughly analyzed Manager, Clerk, Financial Advisor, Bond [3 Demonstrates a comprehensive Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Self Analysis of F. 3 .. The financing issues that come to this office .-::.-. ;...-.:. _-_. -. : .: : : ~ ',,:..:. are responded to and handled in a coordinated -.' :~ . -- .... . :~'~:- ~.:!:. ?'. ~-; :;':: ?,;':~.... .... manner with all participants (Clerk, Financial ' . Advisory, Bond Counsel, Disclosure Counsel . - and county staff). : ...... -:-;-'-' OCT 2 2 2002 LEADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there Q Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. r~ Application of management techniques to ensure compliance with organizational --~ policies and directives, to control quality, quantity, time and costs. Self Analysis of P. I Attended national Public Law Office Management Conference / San Antonio and county management course presentations to assist my management skills development and office application. Enhanced employee morale, team building anci "Solution thinking" have been emphasized. Goals and objectives are communicated through staff meetings, individual discussions, and memos to all staff. I P.2 The goals of the Board of County ,~ Application of management techniques to Commissioners and County Manager are ensure creative and proactive assistance effectively understood and proper assistance is to respective clients. provided by the County Attorney's Office in r~ Guide and direct staff to maximize legal pursuit of said goals, resources with client needs. Serf Analysis of P. 2 Establishing close working relationships with the Board, County Manager and client departments provide the County Attorney with effective tools to utilize in preparation of the goals and objectives of the office. . P.3 The County Attorney will assure that ~ Provide encouragement, guidance and employees are provided pedormance direction to subordinates with regard to expectations and pedormance evaluations that their development and improvement. are designed to enhance performance. Coaching, counseling and helping employees overcome job problems and develop career plans. r~ Assess performance strengths and deficiencies, encourage and reward _.~ employees and/or exercise appropriate discipline. Self Analysis of P. 3 ' ~ . . ' ~ ~. In addition to the annual pedormance ,~--~ :-':- evaluations, meetings are scheduled three times per year to give and receive feedback ' ' '~' from employees and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. P.4 The County Attorney will assure that ~ Understanding of effective interviewing qualified applicants are recruited and selected techniques to provide the Board with superior legal advice ~ Thorough awareness of organizational and representation, needs and desires r~ Knowledge of market conditions relating to compensation and benefit packages Self Analysis of P. 4 This office has maintained a very good ~ecord on applicant recruitment, selection and \ retention. Currently within the office there are four (4) Board Certified Florida Local Government Law Att~imeys, four (4) Certified Legal Assistants and~wo (2) legal assistants that have law degrees. P.5 The County Attorney will assure that ~ Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills Board is being provided with the best legal Q Periodic in-house training for updates advice and representation possible, and uniformity of legal performance by staff Self Analysis of P. 5 All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will better ennance their knowledge and skills. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. 0 C 72 2 2002 MEMORANDUM DATE: TO: FROM: October 15, 2002 David Weigel, County Attorney Tom Henning, Vice Chairman Commissioner, District 3 2002 Annual Evaluation I would like to begin by saying that in the past I have found the staffofthe County Attorney's Office to be very helpful and courtesy to me as well as others during the course of business. That lends a lot of credit to your leadership skills. Additionally, in preparation of your personal evaluation. I would like to make the following comments. L. 1 The County Attorney will provide proactive advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager. his agencies and employees. · One area that I feel needs improvement is your oral responses during Commission Meetings. I fred it very difficult to follow your oral responses. Although I get the gist of what you are saying, please keep in mind that we have the general public out there with little or no legal knowledge, much like me. For this reason I gave you a below average rating in this category. L.2. The County Attorney will assure that the County is provided the best possible representation in all litigation matters. · I left this area blank because I have no criteria to base an opinion on whether we are utilizing best management practices for our in-house or outside counsel. I have not seen any statistics or performance measures for your staff. · I would like to request that next year you provide me with a project schedule and timelines. ! would feel much more comfortable rating this category. OCT zz uuZ C.2. (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. I think the County Manager's Office should be notified well in advance of the printed agenda regarding issues such as the newsletter resolution, which was Item 12 (B) on the agenda of October 8, 2002. Just a reminder that the action taken by the Board of County Commissioners last year was above and beyond your request for merit. In addition to your request, the Board of County Commissioners gave you whole life insurance and automobile and phone allowance of $400 per month. For this reason I would support a COLA increase for your continued employment at the County. In closing, it has been a pleasure working with you this past year and I hope to continue and improve our working relationship. TH:sf Tom Henning. Vice Chairm~..._ Attachment OCT 2 2 2002 The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2002 through September 2003. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale [1 - Far Below Standards; 2 - Below Standards; 3 - Meets Standards; 4 - Exceeds Standards; 5 - Far Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. LEGAL ADVICE , MEASURES Rating L.1 The County Attorney will provide proactive o Communica~on skills (written and oral) '-'~_.~._ advice, and assure timely responses to both are effective, "clear and concise written and oral questions from the Board of r~ Responsive to questions County Commissioners, County Manager, his o Advice demonstrates that the issues agencies and employees, have been thoroughly analyzed [] Provides creative and proactive responses OCT 2 2 2002 The members of the Coun~ A~orney Office .... ~;~¥..~ ,~ ...... _,~. ~.,~-_,~..~ TM .... ~ have initiated contacts with Commissioners, the . . :~~~~ ~~~ Coun~ Manager and staff to proactively ~~'~'.'~'" ~ ...... -~~ provide solutions to complex legal issues. The . .~ - ~ ..... : ,~. ~ ~/.,~.... staff in the Office of the Coun~ A~orney ' ~. ':.'.~ :~.. -~'~:~ . .-' -':' '~':~ :'- en~avor to respond to questions and issues in ~--~<-~-~-'~.-,~ :-2~ ~..;. ~... ~,-:~. --...~.~-~ ...... :,.~ , a timely manner while providing the assurance . >. ;~.~ ~: ~;. :,::.: .. ,_; :..._ - ~ :.-. ~:-~ ~;-.:. - to the client that the ma~er has been ..: ...~-~.:,, . -~: .. --~ .- - :- ~ ,. thoroughly researched and anal~ed. - : '.=,~:-?-" '. -: ......... '~ ,,~ .- .... L.2 The Coun~ A~omey will assure that the Q Best ~ilization of in-house and o~side Coun~ is provided the best ~ssible counsel represen~tion in all litigation ma~ers. Q Eff~tive sel~tiOn of o~side counsel / expe~ise in s~ialized fields a Well chosen litigation communication techniques, e.g. public meetings, shade meetings, wri~en and spoken communiquOs Self Analysis of L.2 The Office of the County A~orney becomes involved in a variety of types of lawsuits such as: eminent domain, personal inju~, labor taw, , employment law, contract disputes, lien e~forcement, animal control. Most of these cases are handled by in-house counsel whe~ we have the expe~ise in the area an~ t~e personnel available to handle them. In the instances outsi~e counsel is necessa~, I am careful to choose the law firm that is best able to re~resent the County's interests. Additionally, I make sure that the Board is kept informed of the status of cases through a variety of types of communications: personal meetings, shade meetings, public meetings, memos, etc. L.3 The Coun~ A~orney will assure that Q New legislation reviewed and copies of accurate, prompt legislative updates and appropriate bills provided to suggestions are provided to the Board Commissioners and staff in a timely membem, Coun~ Manager and coun~ staff, manner Q Thorough analysis and its eff~ts on the Coun~ provided to Commissioners and staff in a timely manner Self Analysis of L3. The County A~orney works closely with the County Manager and his staff regarding legislative updates and recommendations to the BCC. This office provides analysis of new legislation to staff in a timely manner and responds to any questions regarding same. I have appeared before the Legislative . _' ..... Delegation annually and work with the Legislative Delegation on county-related OCT; 2 2002 issues. L.4 The County AttorneY shall advise the Q Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on [3 Responsive to questions Ethics opinion requests, and inform the Board [3 Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed Attorney shall be evaluated for opinions [3 Provides creative and proactive provided relating to Chapter 112, Part III, responses FIo#da Statutes and the Collier County Ethics Ordinance. ..... ~ ....... ~..- .... -: .. Self Analysis of L.4 ....... -' ..... ' ~,-': ..... ,':,;~.-~ ;-'~- ~':- .... .'- The County Attorney has taken a proactive ..... _ ........... ~' ........... - ': -~ position with Commissioners and county staff .... -" ;'~"-~' .'~"~:. :-.?--' -~--,~'~;-"~'-."'.~ ~'~-". " ' '; -' '?" .'?'" .' ;:.;.'-)"?: ;. '"i"" ~'tJ. ;r.: ~:;.'.'.~-,:: >:, .~ -,,:~..- regarding Ethics, Sunshine Law, Public , .,~.; ,.. ;.. .t'?;t ~ .~ Records law, and Ex Parte Communications .-. :, ,~--_?;.~ .-..¢, ;;,..> ..- .;~..;.:t~.;. :,..,. ~- - ~ .. issues. The County Attorney Office has . -- .- - - ~-.-.'~_.:' - '~-~'~'~-'- ' ~ :' developed and maintains a close working . :. :.~ .... ' .......... : ....... ' ....... relationship with the Sunshine Law / Public .... :-:% ' ~ ' :'.:-;?"' ;' Records Law, Deputy Attorney General and the ... ' :: :," - Counsel to the Commission on Ethics .... : . . COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (internal) The County Attorney will be [3 Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as pedormed. Q Proactive review of division / department policies and suggest possible updates. r~ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Self Analysis of C. 1 The Office of the County Attorney has taken a )roactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. Informational workshops relating to Sunshine Law, Public Records law and Ethics have been made available to and presented for all advisory boards and County Manager staff. This office, , through Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli have been particularly diligent in educating the County Manager staff in the area of maintaining and responding to Public Records Requests and assisting in the preparation of a uniform procedure for staff to follow. C.2 (Internal) The County Attorney will be ~ Provide creative and proactive advice to expected to regularly communicate with the questions or issues that arise or have the _County Manager, his Division Administrators potential of arising .. ' .... ~_,¢~_~ -- and Department Directors, and the [3 Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Self Analysis of C.2 The County Attorney and Assistant County Attorneys routinely meet with the Division ensure that their needs and expectations are Assistant County Attorney also attend the . .: .... ~5~ .... .::.>.~.~;.~.~ County Manager Division staff meetings\in an .... effort to maintain efficient, effective working relationships and be aware of any issues that - : '-' may be on the horizo~ · ' The County Attorney ~nd/or Chief Assistant ..- .: _~ ' .... County Attorney also maintain excellent working relationships with the Constitutional C.3 (External) The County Attorney will be [] Communication skills (written and oral) expected to provide information to the public are effective, clear and concise through public speaking engagements, ~ Makes himsetf available to at'tend seminars, print and electronic media, meetings when requested Self Analysis of C. 3 The County Attorney is the past Secretary, present Vice-President of the Florida Association of County Attorneys. As Secretary, David Weigel was responsible for putting on the annual seminar which was hosted here in Collier County on Marco IslancL The theme of the seminar was "How to Make Your County Attorney Office the Best It Can Be" and also included topics such as DCA Update, Liability Avoidance, Construction Contract Choices, Home Rule, Management, etc. Additionally, the County Attorney has made ~resentations at local schools and a local legal support professional organization. C.4 The County Attorney will be expected to [] Ability to communicate effectively, administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate [] Responsive to questions manner· Self Analysis of C. 4 Response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, ~roactive responses to questions and issues that arise from the public sector relating to county matters. OCT FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an o Oompile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget .~' County Commissioners for review and approval Q Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Self Analysis of F. I I have been fiscally responsible and presented . "-~..- . ~ ...... : Board. When increases have been requested ~, ,.,~ ....... ~ .... ,-. ~. ~ ......... :.. they are in response to ever increasing legal demands placed on the office and my attempt .. to provide the Board with the most efficient, effective legal representation possible. F.2 The County Attorney will assure that the [] Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally effectively administered and the Board is timely responsible informed on any extraordinary matters arising [] Communicate in a prompt, timely manner throughout the year. any extraordinary issues that arise during the fiscal year. Self Analysis of F. 2 I have been a fiscally responsible manager of the office and have come to the Board only when issues arise that are out of the ordinary. I have a conservative approach to cost control. F.3 The County Attorney will assure that bond [] Responsive to questions issues and other financing matters of a legal [3 Advice demonstrates that the issues nature are coordinated through the County have been thoroughly analyzed Manager, Clerk, Financial Advisor, Bond [] Demonstrates a comprehensive Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Self Analysis of F. 3 The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisory, Bond Counsel, Disclosure Counsel and county staff). OCT 2 2 2002 L;ADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there [] Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. Q Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. Self Analysis of P. 1 ..... -' '"'' . ~_ ...r~ _?.~ ;.~. .;_ ~;.~..~ ~.~ ~..!,..... Attended national Public Law Office ..... ' Management Conference / San Antonio and .-.., ~ ~.,..:;~ ~ ~-..,~., . ~ ,~, ~;:~: .~;~-.: :. county management course presentations to ' ~ - , .- · ~- - assist my management skills development and '- ': ~:~';; .... "-'"'~¥~:-:-.'~"~-~?-'~'~ -~;' ~ '-'""?" office application. Enhanced employee morale, team building and "Solution thinking" have . . . .. - been emphasized. Goals and objectives are communicated through staff meetings, individual discussions, and memos to all staff. ,~ P.2 The goals of the Board of County Q Application of management techniques to Commissioners and County Manager are ensure creative and proactive assistance effectively understood and proper assistance is to respective clients. provided by the County Attorney's Office in Q Guide and direct staff to maximize legal pursuit of said goals, resources with client needs. Self Analysis of P.2 Establishing close working relationships with the Board, County Manager and client departments provide the County Attorney with effective tools to utilize in preparation of the goals and objectives of the office. P.3 The County Attorney will assure that [3 Provide encouragement, guidance and employees are provided pedormance direction to subordinates with regard to expectations and pedormance evaluations that their development and improvement. are designed to enhance pedormance. Coaching, counseling and helping employees overcome job problems and develop career plans. [] Assess pedormance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. Self Analysis of P. 3 In addition to the annual pedormance ~,,~/", evaluations, meetings are scheduled three -!~:~ times per year to g~ve and receive feedback OCT 2. 2.002 from employees and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. P.4 The County Attorney will assure that r~ Understanding of effective interviewing qualified applicants are recruited and selected techniques to provide the Board with superior legal advice n Thorough awareness of organizational and representation, needs and desires [] Knowledge of market conditions relating to compensation and benefit packages Self Analysis of P. 4 This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are four (4) Board Certified Florida Local · Government Law Attorneys, four (4) Certified Legal Assistants and two (2) legal assistants that have law degrees. P.5 The County Attorney will assure that [] Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills Board is being provided with the best legal [] Periodic in-house training for updates advice and representation possible, and uniformity of legal pedormance by staff Self Analysis of P. 5 All employees within the office are encouraged to attend training classes provided by t~e Human Resources Department that will better enhance their knowledge and skills. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. OCT 2 z 2;;£ The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain; personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2002 through September 2003. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale [1 - Far Below Standards; 2 - Below Standards; 3 - Meets Standards; 4 - Exceeds Standards; 5 - Far Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. LEGAL ADVICE MEASURES Rating L. 1 The County Attorney will provide proactive [3 Communication skills (written and oral) ,~. advice, and assure timely responses to both are effective, clear and concise written and oral questions from the Board of [3 Responsive to questions -~ County Commissioners, County Manager, his n Advice demonstrates that the issues ~ agencies and employees, have been thoroughly analyzed (3 Provides creative and proactive ~ · responses Self Analysis of L. 1 The members of the County Attorney Office have initiated contacts with Commissioners, the County Manager and staff to proactively provide solutions to complex legal issues. The staff in the Office o! the County Attorney endeavor to respond to questions and issues in a timely manner while providing the assurance to :he client that the matter has been thoroughly researched and analyzed. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. Self Analysis of L.2 The Office of the County Attorney becomes involved in a variety of types o! lawsuits such ~s: eminent domain, personal injury, labor law, employment taw, contract disputes, lien enforcement, animal control. Most of these cases are ~andled by in-house counsel when we have the expertise in the area and the personnel available to handle them. In the instances outside counsel is necessary, I am careful to choose the law firm that is best able to represent the County's interests. Additionally, I make sure that the Board is kept informed of the status of cases through a variety of types of communications: personal meetings, shade meetings, public meetings, memos, etc. L.3 The County Attorney will assure that accurate, prompt legislative updates and suggestions are provided to the Board members, County Manager and county staff. Self Analysis of L3. The County Attorney works closely with the County Manager and his staff regarding legislative updates and recommendations to the BCC, This office provides analysis of. new legislation to staff in a timely manner and responds to any questions regarding same, I have appeared before the Legislative Delegation annually and work with the Legislative Delegation on county-related issues, Best ~il~tion of in-house and outside counsel Eff~tive sel~tion of outside counsel / ex~ise in s~ialized fields Well chosen I~igation communication t~hniques, e.g. public meetings, shade meetings, wri~en and spoken communiques New legislation reviewed and copies o~ appropriate bills provided to Commissioners and staff in a timely manner Thorough anal~is and its eff~ ~un~ provided to Commissione~ ~d staff in 'r net L4 The County Attorney shall advise the Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on Ethics opinion requests, and inform the Board n Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed Attorney shall be evaluated for opinions Q Provides creative and proactive provided relating to Chapter 112, Part III, responses Florida Statutes and the Collier County Ethics Ordinance. The County Attorney has taken a proactive position with Commissioners and county staff regarding Ethics, Sunshine Law, Public ~. Records law, and Ex Parte Communicat~ns issues. The County Attorney Office has. developed and maintains a close working relationship with the ,.~nshine Law / Public Records Law, Deputy~ttorney General and the ~..~..,~ ::~ .-. !,.;. ~_;.. ~ :'~.,r~.,~;.: Counsel to the Commission on Ethics. COMMUNICATION, PUBLIC RESPONSE & OUTREACH C.1 (Internal) The County Attorney will be expected to educate and update county staff to reduce creation of legal issues and lawsuits in the workplace and from work as pedormed. Self Analysis of C. 1 MEASURES u Provide interim workshops / seminars to county staff covering work related issues to reduce county liability r~ Proactive review of division / department policies and suggest possible updates. r~ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Rating The Office of the County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. Informational workshops relating to Sunshine Law, Public Records law and Ethics have been made available to and presented for all advisory boards and County Manager staff. This office, through Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli, have been particularly diligent in educating the County Manager staff in the area of maintaining and responding to Public Records Requests and assisting in the preparation of a uniform )rocedure for staff to follow. C.2 (Intemal) The County Attomey will be expected to regularly communicate with the County Manager, his Division Administrators Provide creative and proactive advice to questions or issues that arise or have the potential of arising and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C.2 The County Attorney and Assistant County Attorneys routinely meet with the Division Administrators and Department Directors to ensure that their needs and expectations are being met. The County Attorney and/or Chief Assistant County Attorney also attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and/or Chief Assistant County Attorney also maintain excellent' working relationships with the Constitutional Officers. C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. lysis of C.3 The County Attorney is the past Secretary, present Vice-President of the Florida Association of County Attorneys. As Secretary, David Weigel was responsible for putting on the annual seminar which was hosted here in Collier County on Marco Island. The theme of the seminar was "How to Make Your County Attorney Office the Best It Can Be" and also included topics such as DCA Update, Liability Avoidance, Construction Contract Choices, Home Rule, Management, etc. Maintain effective working relationships with County Manager staff and Constitutional Officers Communication skills (written and oral) are effective, clear and concise Makes himself available to attend meetin s when requested Additionally, the County Attorney has made presentations at local schools and a local legal support professional organization. - ;.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. Self Analysis of C. 4 Response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, proactive responses to questions and issues that arise from the public sector relating to county matters. F.1 The County Attorney will develop an annual budget for the Office of the County Attorney that will be presented to the Board of County Commissioners for review and approval through the budget process developed by the County Manager. FISCAL MANAGEMENT MEASURES Self Analysis of F. 1 I have been fiscally responsible and presented well analyzed, cost effective budgets to the Board. When increases have been requested, they are in response to ever increasing legal demands placed on the office and my attempt to provide the Board with the most efficient, effective legal representation possible. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F. 2 I have been a fiscally responsible manager of the office and have come to the Board only when issues arise that are out of the ordinary. I have a conservative approach to cost control. F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel. Compile and analyze financial, budgetary, and statistical data and present a realistic, cost effective budget Ability to prepare an annual pay plan for the Office of the County Attorney Prudent administration of County Attorney Office budget; fiscally responsible Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. Responsive to questions Advice demonstrates that the issues have been thoroughly analyzed Demonstrates a comprehensive understanding of bond issues and related financing matters Rating Self Analysis of F.3 The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisory, Bond Counsel, Disclosure Counsel and county staff). OCT 2 2 2002 LEADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there o Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. o Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. · ~- ....... '.-:--~'.,' '-: ~ -'-~,;~S~:~ I~:~+-'~A~.~.' Self Analysis of P. 1 ' '- . .-: -', !T: ; T ?" E' ; ; ' '- '-- -:":' ::' ' ~ ':' ';': ~;;--;'Y--"~:T,,.,~-.~;''- -';-.~'~F~S ::: · Law Office "...: ,'--- '~ ~ :: ,; ,- - ':'. ~"--'*~:-~:~:--'-?.-.: Attended national Pubhc · . · :.-:;" :., ." -v.; ,.' ..... : ~:,~,:,,~.~,.v. Management Conference / Sa . - . ..... .-:;, -,~. coun -mane ement course presentations to . . :.'.-:?":.-.~..; ~ ,:: ;':~ ...... ." ')'~'?~ I~,-+;~ ty g . ~. ?., ;~ .,-.,;.-,~., . . .~ .... .~ .. ,., . assist my management sk s development uno .,. ..; ..... . . .., ~ -,.:.. '. ,'~:r"~", ~*' ;~: I~~ ~". ',, ' ' n Enhancedem oyeemorale. '"~.~' "':".:~:!'-~:.;'~ ~. ~:: ~'~.,.:..'.:.: '~.'.'~-.i:~'~,~'~'."',r~ off ce apphcat~o . P . -- . .. ,...,-.., ~, :~;'~..'.-'.~.,~_ i~,~:~,,..~-._-- and So ubon th~nk~ng have - -" . --'~ ,:~-'-, .'-~, -~~E' team buddng - . . - -. .- ,- ,%,,:,,1~ ~,,.~..,~.,. ..... ~:.:~ J.*,~,-~ ? '- been emphasized ': ' .t .. :: ;2' "' :.'T 1" '_ - ...';.~'.~ I~;:;.~g · .' 7 '.:- .- · Goas and object vas are commun cated . '.' :' ---'; .~; _ i;' L'~. throu h staff meetings individual discussons, ' *" ' ' ' - "~* ' ' 7 -'- , -';~-,; :/'", :;~:~ :'-'-',' and memos to all staff. - " ' - ~ P.2 The goals of the Board of Coun~ Q Application of management techniques to · Comm ssioners and Coun~ Manager are ensure creative and proactive assistance ~ effectively understood and proper assistance s to respective clients. he Court A~orne s Office in Q Guide and direct staff to m~imize legal / rowded by t ~ ¢ . . ~ursuit of said goals, resources with chant needs. Self Analys~s of P 2 ~ · ' ' ' ' ~ ~' ~'~'~ ~ .... -.~.., .. ..-...;¢ . ~ - ~.:..;~...t . ES a g - · ~ ... .-, , -~-¢%:: · _ ............ the Board, County Manager and client ~'~,:~ ~.~- ' ' h ~, ~ .... ¢~/- .; .'4~;~t;z, :_: ,= .... , ....... ') '~?.--'.-:x'~-~ '. depadments prov de the County A~orney wit ~'; 7.; ~¢~¢¢-~¢ . . .... ,. . X~:,.~ ~'-; ~ ~ -:... ;.~,~'~4 ... -.:.,? .,~.~ ffect ve tools to ut hze ~n preparabon of the i ~'.'~ ¢~ .~"' ~ ,~<:' ods and oblecbves of the office. . P.3 The Coun~ A~orney will assure that Q Provide encouragement, guidande a~d employees are provided ~do~ance dir~ion to su~rdinates w~ r~ard to expectations and ~do~ance evaluations that their development and improv~ent. ~ ' are design~ to enhance ~dormance. Coaching, counseling and haling employes overcome job pro~le~s and develop ~r~r pl~s. _. . Q Assess ~do~an~ streng~s and def~iencies, encourage an~ reward employes anWor exercise appropriate disc~e. ~ ~ Self Analysis of P. 3 ~ In addition to the annual ~dormance evaluations, meetings are scheduled three .~ times per year to give and r~eive feedback ~ i~-~ ;- .~ _=- _:-~ from employees and to assure that there is a ~ ~ mutual understanding of expectations. From :~; ~~ I~ ....... neT these meetings, employees receive coaching and/or counseling to assist them in achieving their pedormance of goals and professional development. ~' ' ' '::' ' P.4 The County Attorney will assure that qualified applicants are recruited and selected techniques to provide the Board with superior legal advice and representation, needs and desires ~ Knowledge of market conditions relating to compensation and benefit packages Self Analysis of P. 4 . .' ~ :~'?'!i~-~, This office has maintained a very good record '. on applicant recruitment, selection and retention. Currently within the office there are four (4) Board Certified Florida Local Government Law Attorneys, four (4) Certified . :'. ":;;.L?;~. Legal Assistants and two (2) legal assistants .. that have law degrees. ' P.5 The County Attorney will assure that [] Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills Board is being provided with the best legal Q Periodic in-house training for updates representation possible, and uniformity of legal pedormance by advice and staff Self Analysis of P. 5 : ,.... _ -- ,,- :, , All employees within the office are encouraged to attend training classes provided by the . Human Resources Department that will better enhance their knowledge and skills. Attorneys and legal assistants also participate ', .... in professional and Florida Bar seminars in their respective areas of practice. OCT 2 2 ': EXECUTIVE SUMMARY APPROVE AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORA~ORATION IN THE AMOUNT OF $80,000.00. OBJECTIVE: For the Board to approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation (VI)C). CONSIDERATION: The original \erms of the Vineyards Agreement approved by the Board in February 1994, provided that the Boadt would pay the VDC a lump sum payment of $180,000 for the landscape and irrigation installation on Pine Ridge Road. In addition, the Board paid the VDC $37,000 per year for the first [,WO (2) years of the maintenance service period. The remaining eight (8) years of the maintenance service ~eriod continue to be at the VDC's expense. During the recent road-widening project, the irrigation lines were cut during construction making the system inoperable. As part of the amended Agreement, the Board will pay for the redesign and construction of a new irrigation system to replace the old system (estimated $80,000 cost to the County) and the VDC will furnish and pay for the design and installation of the landscape plant material (estimated $56,000 for plant material cost to the VDC). As part of the original agreement, the VDC will continue to maintain the landscaping and irrigation system through the duration of the contract through February 2004 at which time Collier County will assume maintenance responsibilities. FISCAL IMPACT: Funds in amount estimated to be $80,000 is required. Funds are available an ~~vI'~ ~"eeneral Fund 111 in Fiscal Year 03. After February 2004, the fiscal impact associated with maintaining landscaping and irrigation is estimated to be $60,000 per year from MSTD General Fund 111 Landscape Operations. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation, and approve the funding for irrigation design and installation_~an amount estimated~__~.to be $~_ ~_ ~ .~ PREPARED BY:~~ ~ Date:~~-~O Pamela J. ~,ulich, A~,, Landscape Operations Manager REVIEWED Y: ~'"~"~~K~ml_i,~' ~~ Date: 4~ ~ ctoron Operations Dire APPROVED BY: ,/ ~/. -' Date: No'rm~h E. Feeler, AI~P, Transportation Administrator / Attachments: No. 1 - 0fi~ended Median Landscaping Agreement Between Collier County and Vineyards Development Corporatibn No. 2 - Landscape Construction Documents OCT Z2 2002 AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORPORATION The Board of County Commissioners of Collier County, Flor/da, (hereinafter referred as "BOARD"), hereby amends the existing contract with Vineyards Development Corporation (hereinafter referred to as "CONTRACTOR") to perform all construction work and maintenance services ("Work" unless specifically limited to construction Work or "Maintenance Services") in connection with the Median Beautification Program for Pine Ridge Road ("Project"), as said Construction Work and Maintenance Services are set forth in the plans and specifications prepared by CONTRACTOR and other contract documents hereinafter specified. WHEREAS, the Board and the Contractor entered into an Agreement dated February 1, 1994 (the "Agreement") regarding the Pine Ridge Road medians referenced herein; WHEREAS, pursuant to the Agreement, the Contractor installed and paid for landscaping and irrigation on the medians; WHEREAS, employees of the BOARD cut the water irrigation lines during the construction of the widening of Pine Ridge Road, making the existing irrigation pursuant to the original agreement inoperable and, thus, damaged the landscaping; WHEREAS, the County, through the Board, xvishes to amcnd thc Agreement to rectify the issues raised abovc; WHEREAS, the County will pay for the redesign and installation of a new irrigation system and the Contractor will reinstall landscaping as described herein: NOW, THEREFORE, BOARD and CONTRACTOR, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. Ao The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, change orders and amendments relating thereto. All of the foregoing contract documents are incorporated by reference and made a part of this Agreement. AGENDA I~EM OCT 2002 Section 2. Scope of Work. CONTRACTOR agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind of type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, except the BOARD shall pay for the redesign and construction of a new irrigation system to replace the old system. Section 3. Contract Amount. The BOARD will pay for the redesign and installation of the irrigation system for the two (2) medians located on Pine Ridge Road adjacent to the Vineyards Development. Upon final completion of the irrigation installation, the landscaping described herein provided by the Contractor will be installed. Section 4. Contract Time. The commencement date shall be established in the Notice to Proceed issued by the BOARD's project manager. CONTRACTOR shall commence the re-installation of the plant material work ["Construction Work"] within twenty (20) calendar days from the completion of the irrigation installation (the "commenccment date"). No Construction Work shall he. performed at the project site prior to the commcnccmcnt date. Any Construction Work performed by CONTRACTOR prior to the commencement date shall be at thc sole risk of CONTRACTOR. The Construction Work shall be substantially complete within 90 calendar days from the commencement date. The date of substantial completion of the Construction Work is the date certified by the BOARD's project manager when construction is sufficiently complete in accordance with the contract documents for the use for which it is intended. The{BOARD will inspect the Construction Work within five (5) days of the CC~ntractor' ~ 's Notice to Inspect same. Acceptance will be given to the work if it is completed according to acceptable landsca1~ing standards. The Construction Work shall be fully completedt and ready for final acceptance by the BOARD's project manager within 120 calendar days from the commencement date. Bo The Maintenance Services shall begin upon acceptance of the Construction Work by the BOARD. CONTRACTOR will provide this service until the end of the time required in the initial Agreement. Co When any period of time is reference by days herein, it shall be computed to exclude the first day and include the last day of such period. Tetra, lair day of any such period fails on a Saturday or Sunday or on a d,lv ma~Kr',~..J)lE~,~r'''u [ No. ! OCT 2002 legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Section 5. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: General Terms and Conditions Exhibit B: Insurance Requirements Exhibit C: Maintenance Services Specification (notwithstanding anything herein to the contrary, the Maintenance Services to be performed by Contractor hereunder shall be under the same terms and conditions as set forth in the initial Agreement.) Exhibit D: Construction Work Plans and Specifications Section 6. Notices. A. All notices required or made pursuant to this Agreement by the CONTRACTOR to the BOARD shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Pamela Lulich, ASLA Landscape Operations Manager 3301 East Tamiami Trail Naples, Florida 33962 B. All notices required or made pursuant to this Agreement by BOARD to CONTRACTOR shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Michel Saadeh, President Vineyards Development Corporation 75 Vineyards Boulevard, Suite 500 Naples, Florida 33999 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 7. Modification. No modification or change to the Agreement shall be valid or binding parties unless in writing and executed by the party or parties intended to be bo OCT 20O2 Pg. ~ Section 8. _Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 9. Governing Law. This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 10. No Waiver. The failure of the BOARD to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its fight thereafter to enforce each and every such provision. Section 11. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprised the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hcrcof shall bc dccmcd merged in, integrated and superseded by the Agreement. Section 12. Severabilitxf Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 4 AGFNI')A No . OCT '2.Z 2002 EXHIBIT "A" GENERAL TERMS AND CONDITIONS Xo 1.2 1.3 INTENT OF CONTRACT DOCUMENTS. It is the intent of the Contract Documents to describe a functionally complete Project to be constructed and maintained in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When works which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in affect at the time the Work is performed, except as may be otherwise specifically stated herein. If before or during the performance of the Work CONTRACTOR discovers a conflict, error or discrepancy in the Contract Documents, CONTRACTOR immediately shall report same to BOARD in writing and before proceeding with the Work affected thcrcby shall obtain a written interpretation or clarification from the BO.MLD. CONTI:LACTOR shall takc field measul=mcnts and verif.v ficld conditions and shall caxefully compare such field measurements and conditions and other infoni~ation lmown to CONTRACTOR with the Contract Documents before commencing any portion of the Work. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications r other Contract Document provisions, CONTRACTOR shall be required to comply with the provision which is the more restrictive or stringent requirement upon the CONTRACTOR, as determined by the BOARD. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. INVESTIGATION AND UTILITIES. NoAG OCTZ 2002 2.]. 2.2. 2.3. 3.2 CONTRACTOR shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; Work area; living facilities; climatic conditions and seasons; physical conditions at the Work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work;~and all other costs associated with such performance The failure of CONTRAC~['OR to acquaint itself with any applicable conditions shall not relieve CONTRACTOR from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additiona~time or compensation. CONTRACTOR shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to as necessary for the relocation, design and construction of the new irrigation system, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". CONTRACTOR shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. CONTRACTOR shall be responsible for propcrly shoring, supporting and protecting all Utilities at all times during the course of the Work. BOARD shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site. BOARD shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the new irrigation system. BOARD shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. SCHEDULE. The CONTRACTOR, within ten (I 0) calendar days after receipt of the Notice To Proceed, shall prepare and submit to BOARD for his review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Construction Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Construction Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Construction Work. The CONTRACTOR shall update the Progress Schedule weekly. ,,AI_I weelil¥ updates to the Progress Schedule shall be submitted to the BOARD s p[oj ~qCo.tA_~_~.~ai~_...~ai Pg. 3.3 4.2 4.3 4.4 manager for review and approval. CONTRACTOR shall submit the updates to the Progress Schedule during the weekly project meetings. BOARD shall commence the process of selecting an irrigation designer immediately upon approval by the BOARD of the Amended Agreement. PAYMENTS. Prior to submitting its Application for Payment of Construction Work, CONTRACTOR shall submit to BOARD for his review and approval, a release and affidavit showing that all materials, labor, equipment, and other bills associated with the Construction Work have been paid in full. CONTRACTOR'S acceptance of payment of Construction Work shall constitute a full waiver of any and all claims by CONTRACTOR against BOARD arising out of this Agreement or otherwise relating to the project except those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Construction Work nor payment of Construction Work by the BOARD shall be deemed to be a waiver of BOARD'S right to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Construction Work not discovered at the time of final inspection. CONTRACTOR'S acceptance ofpas~ent of Construction Work shall coustitute a full waivcr of any and all claims by CONTRACTOR against BOARD arising out of this Agreement or otherwise relating to the projcct cxcept those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Maintenance Service nor payment of Maintenance Services by the BOARD shall be deemed to be a waiver of BOARD'S right to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Maintenance Services not discovered at the time of final inspection. BOARD shall be responsible for all cost to redesign the new irrigation system in the areas previously identified as having been destroyed during the widening of Pine Ridge Road. INDEMNIFICATION AND INSURANCE. CONTRACTOR agrees to save harmless, indemnify, and defend BOARD from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by CONTRACTOR under this A~,,, or by any person, finn or corporation to whom any portion of the Cons ru~}~.._n 0C T 2.Z. 2002 5.1.1 5.2 5.3 Work or Maintenance Services are subcontracted by CONTRACTOR or resulting from the use by CONTRACTOR, or by any one for whom CONTRACTOR is legally liable, of any materials, tools, machinery or other property of BOARD. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the BOARD or Design Professional or their consultants, agents officers and employees. BOARD and CONTRACTOR agree the first $100.00 of the Contract Amount paid by BOARD to CONTRACTOR shall be given as separate consideration for this indemnification, and any other indemnification of BOARD by CONTRACTOR provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by CONTRACTOR by CONTRACTOR'S execution of the Agreement. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of, sufficient insurance protection. The BOARD will ensure any contract with its subcontractors associated with this project will contain an indemnity and hold harmless paragraph which protects Contractor from the negligence of the County's subcontractors. CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. All insurance policies shall be from responsible companies duly authorizcd to do business in the Stat~ of Florida and/or responsible risk retention Soup insurance companies which arc rcgistcred with the State o f Florida. Within ten (10) calendar days after Notice of Award is received by CONTRACTOR, CONTRACTOR shall provide BOARD with properly executed Certificates of Insurance to evidence CONTRACTOR'S compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by BOARD. The Certificates of Insurance shall be original and signed by the authorized representatives of the insurance company/companies shown on theiCertificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to BOARD, on a timely basis, when r ,~1~ uested by BOAR~. The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given to BOARD of any cancellation, intent not to renew, or reduction in the policies or coverage's, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. OCT 2002 8 Pg. q 5.4 5.5 5.6 5.7 All insurance coverage's of the CONTRACTOR shall be primary to any insurance or self insurance program carried by the BOARD applicable to this Project. The acceptance by BOARD of any Certificate of Insurance does not constitute approval or agreement by the BOARD that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No Construction Work or Maintenance Services shall commence at the Project site unless and until the required Certificates of Insurance are received by the BOARD. CONTRACTOR shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in Exhibit B, unless such insurance requirements for the subcontractor is expressly waived in writing by the BOARD. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by CONTRACTOR to meet the requirements of the Contract Documents shall name the BOARD as additional insured. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and if requested by BOARD, certified, true copies of the renewal policies, shall be furnished by CONTRACTOR within thirty (3) days prior to the date of expiration. Should at any time the CONTRACTOR not maintain the insurance coverage's required herren, thc Bt)Al(t_) may terminate thC AgrccinenL or at its sole discretion shall be authorized to purchase such caveragc's and charge the CONTRACTOR for such coverage's purchased. The BOARD shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the BOARD to purchase such insurance coverag.e's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. CONTRACTOR shall submit to Board's project manager a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by CONTRACTOR under the Contract Documents. COMPLIANCE WITH LAWS. CONTRACTOR agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). IfCONTRA¢ vt)r- No.._.tU rj _____ OCT zz 2002 9 Pg. ~ 7.2 o 9.2 9.3 observes that the Contract Documents are at variance therewith, it shall promptly notify BOARD and Design Professional in writing. CLEANUP AND PROTECTIONS. CONTRACTOR agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, CONTRACTOR shall remove all debris, rubbish and waste materials, and as well as all tools, appliances, construction equipment and machinery and surplus mater/als, and shall leave the Project site clean and ready. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by CONTRACTOR from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by CONTRACTOR to the condition equal to that existing at the time of CONTRACTOR'S commencement of the Work. ASSIGN~rMENT. CONTRACTOR shall not assign this Agreement or any part thereof, without the prior consent in writing of BOARD. If CONTRACTOR does, with approval, assign this Agreement or any part lhereof, it shall require that its assi~m~ee be bound to it and to aasumc toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward BOAI~D. PERMITS, LICENSES AND TAXES. Pursuant to Section 218.80, F.S., BOARD will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). CONTRACTOR is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. BOARD may require the CONTRACTOR to deliver internal budget transfer documents to applicable Collier County agencies when the CONTRACTOR is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the CONTRACTOR. CONTRACTOR shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 10 OCT zz 2002 10. 10.1 11. 11.1 COMPLETION OF CONSTRUCTION WORK; INITIATION OF MAINTENANCE SERVICES. When the New Construction Work is ready for its intended use, CONTRACTOR shall notify BOARD in writing that the entire Construction Work is complete and request the BOARD issue a Certificate of Completion. Within a reasonable time thereafter, BOARD and CONTRACTOR shall make an inspection of the Construction Work to determine the status of completion. If BOARD does not consider the Construction Work completed, BOARD shall notify CONTRACTOR in writing giving the reasons therefore. If BOARD considers the Construction Work complete, the BOARD shall prepare and deliver to CONTRACTOR a Certificate of Completion that shall fix the date of Completion for the entire Construction Work. Upon receipt of written certification by CONTRACTOR that the New Construction Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance. BOARD will make such inspection and determine if the Construction Work is acceptable and fully performed under the Contract Documents. After Completion of the Construction Work and prior to acceptance by the BOARD, CONTRACTOR shall submit documentation establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, to the extent and in such form as may be designated by BOARD. Unless and until the BOARD is completely satisfied, Contractor shall be in default of the Amended Agreement. Aflcr CONTRACTOR completes the Conslructi¢,n Work, the ten (10) 3'ear original Maintenance Scrvicc pcriod shall continue until the amended contract is terminated on or about February, 2004. WARRANTY. CONTRACTOR shall obtain and assign to BOARD all express warranties given to CONTRACTOR or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to BOARD that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. CONTRACTOR further warrants to BOARD that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year alter final completion_of the new landscaping work, any Construction Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from BOARD. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Construction W{ ~: which may be damaged as a result of such replacement or repair. These AGENDA ITEM OCT' 2002 - warranties are in addition to'the.. as a matter of law. _plied warranties to which BOARD is entitled 12. TES Tg e3.~4T) I~,~t~ECT!~. o. ltOrd~I~ its r ,~.presentatives, agents and employees, and governmental 12.1 ' e~PeC~on over the Project shall have access at all times to the .~gen~es wi~ja~: '" · · .~_. _ . _[a,~qork, whether the Work ts being performed on or offofthe ?roject s/,e?°r observation, inspection and testing. CONTRACTOR shall nro-l'd¢ ..~oper safe conditions for such access. CONTRACTOR shall provide ~[/q,202) with timely no,ice of readiness of the New Construction Work for required inspections, test~ or approvals. 12.2 If the Contract Documents or any codes, laws, ordinances, rules or' regulations of any pul~lic authority havi_qg jurisdiction over the Project requires any portion of the Construction Work to be specifically inspected, tested or approved, CONTR.~.C £OR shall assumc full responsibility therefore, pay all costs in conne,'tiort therewith and furnish BOARD the required certificates of inspection;" testin~ or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the BO.nflLD. 12.3 13. 13.1 13.2 Neither observations nor other actions by the BOARD nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligations to perform the New Construction Work in accordancc with the Contract Documcnt~. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents shall be deemed defective Work. If required by BOARD, CONTRACTOR shall as directed, eithei correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by BOARD, remove it from the site and replace it with undefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs oi such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold BOARD harmless for SalTle. If CONTRACTOR fails, within a reasonable time after the written notice from BOARD, to correct defective Construction Work or to remove and replace rejected defective Work as required by BOARD, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any of the provisions of the Contract Documents, BOARD may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. To the extent it becomes nece '~, *n 0C] 22. 2002 12 14. 14.1 14.2 14.3 take corrective and remedial action all such reasonable costs will be the responsibility of the CONTRACTOR. TERMINATION FOR DEFAULT. CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for BOARD to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) fails to begin the New Construction Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the New Construction Work as directed by the BOARD or as provided for in the approved Progress Schedule; or (3) performs the New Construction Work unsuitably or neglects or refused to remove materials or to correct or replace such New Construction Work as may be rejected as unacceptable or unsuitable; or (4)fails to resume New Construction Work which has been suspended within a reasonable time after being notified to do so; or (5)becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (6) allows any final judgment to stand against unsatisfied for more than ten (10) days; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. BOARD shall notify CONTRACTOR in writing of CONTRACTOR'S default(s). If BOARD dctcrmincs that CONTRACTOR has not remedied and cra'ed the deFault(s) within seven (7) calendar days following receipt by CONTRACTOR of said written notice, thcn BOARD, at its option, without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR'S right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of CONTRACTOR, take assignments of may of CONTRACTOR'S subcontracts and purchase orders, and complete all or any portion of CONTRACTOR'S Work by whatever means, method or agency which BOARD, in its sole discretion, may choose. If BOARD deems any of the foregoing remedies necessary, CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including consultant and attorney's fees) or damages incurred by BOARD incident to such completion, shall be deducted from the Contract Amount, and if such expenditures excess the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to BOARD on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Co~ Amount exceeds all such costs, expenditures and damages incurred by the 13 ~trag~ OCT 2;- 2002 14.4 15. 15.1 16. 16.1 16.2 BOARD to complete the Work, such excess shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or BOARD, as the case may be, shall be approved by the BOARD, upon application, and this obligation for payment shall survive termination of the Agreement. The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by BOARD in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the work hereunder. SUPERVISION AND SUPERINTENDENTS. CONTRACTOR shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. CONTRACTOR shall keep on the Work at all times during its progress a competent resident supervisor, who shall not be replaced without prior written notice to BOARD cxcept under extraordinary circumstances. The supervisor shall be CONTtL~CTOR'S reprcscntativc at the Project site attd .,l~all have authority to act on behalf of CONTRACTOR. All communication~ given to the supervisor shall be as binding as if given to the CONTRACTOR. BOARD shall have the right to direct CONTRACTOR to remove and replace its Project supervisor, with or without cause. PROTECTION OF WORK. CONTRACTOR shall fully protect the Construction Work from l°Sk or damage and shall bear the cost of any such loss or damage until payment for future Maintenance Services has been made. If CONTRs~-CTOR or any one for whom CONTRACTOR is legally liable for is responsible't(or any loss or damage to the Construction Work or materials of BOARD or othei' contractors of BOARD, CONTRACTOR shall be charged with the same, and any monies necessary to replace such losS or damage shall be deducted from any amounts due CONTRACTOR. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. AGF_.,Nn~ No._ __ OCT zl; 2002 14 pg. 16.3 17. 17.1 18. 18.1. 19. 19.1 CONTRACTOR shall not disturb any benchmark established by the BOARD with respect to the Project. If CONTRACTOR, or its subcontractors, agents or anyone for whom CONTRACTOR is legally liable, disturbs the BOARD'S benchmarks, CONTRACTOR shall immediately notify BOARD. The BOARD shall re-establish the benchmarks and CONTRACTOR shall be liable for all costs incurred by BOARD associated therewith. EMERGENCIES. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, CONTRACTOR, without special instruction or authorization from BOARD is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give BOARD written notice within forty-eight (48) hours after the occurrence of the emergency, if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the BOARD determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If CONTRACTOR fails to provide the forty-eight (48) hour written notice noted above, the CONTRACTOR shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. USE OF PREMISES. CONTRACTOR shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with constniction equipment or other material or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the BOARD or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. SAFETY. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 19.1.1. All employees on the Work and other persons and]or organizations who may be affected thereby; OCT 2.z 2002 19.2. 19.1.2. I9.1.3. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. CONTRACTOR shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. CONTRACTOR shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of underground structures and improvements and utility BOARD when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by BOARD has occurred. 19.3. 20. CONTRACTOR shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S supervisor unless othcrwise designated in writing by CONTRACTOR to BOARD. /VlAINTENANCE. For Maintenance Services purposes, the contract administrator will be the Transportation Services Administrator or his designee. 16 OCT 2002 i7 EXHIBIT "B" INSURANCE REQUIREMENTS The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from - - any or all of which claims may arise out of, or result from, the services, work and operations by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. The Contractor shall require, and shall be responsible for assuring tlu'ouo~out the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverage's described herein as are required by law to be provided on behalf of their employees and others. The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions: Ao B. C. D. The name and type of policy and coverage's provides; The amount or limit applicable to each coverage provided; The date of expiration of coverage; The designation of the Collier County Board of County Commissioners as an additional insured and a certificate holder. (This requirement may be excerpted for Worker's Compensation and professional liability Insurance.); The following clause must appear on the Certificate of Insurance; Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives 5. If the initial, or any subsequently issued Certificate of Insurance expires pn the completion of the Work or termination of the Agreement, the Contracto 17 OCT 2002 furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. CONTRACTOR shall include the BOARD, the BOARD's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insured's. If BOARD has any objeC~on to the coverage afforded by other provisions of the insurance required to be p~rchased and maintained by Contractor n accordance with the requirements of the Contract Documents on the basis of its not comply~g with the Contract Documents; BOARD shall notify Contractor in writing ~ereof within thirty (30) days of the delivery of such certificates to BOARD. Contractor shall provide to the BOARD such additional information with respect to its insurance as may be requested. The Contractor shall obtain and maintain the following insurance coverage's as provided hereinbefore, and in the t)pe, amounts and in conformance with the following minimum requirements: WORKER'S COMPENSATION Statc: Statutory Applicable Federal: (e.g. Longshoremen's ) Statutory Employer's Liability: $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: Property Damage: $1,000,000.00 Each Occurrence $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance shall include Contractual Liability, Explosion, Collapse and Underground Coverage's and Products and Complete Operations coverage's. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: Property Damage: $1,000,000.00 Each Occurrence $1,000,000.00 Each Occurrence Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos. 18 OCT z¢ 2002 EXHIBIT "C" MAINTENANCE SERVICES SPECIFICATIONS These specifications are intended to provide the information by which CONTRACTOR may understand the requirements of Collier County relative to furnishing Maintenance Services of medians constructed on Pine Ridge Road east of 1-75 as described in the contract documents. LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in this Contract are located as described below and as shown on the plans attached to these specifications: Those median islands where curbing, landscaping, and irrigation systems have been installed in accordance with the Agreement being located as shown on the Plans. SCOPE OF WORK The work covered by this Contract requires a weekly servicing of all median islands and consists of furnishing all labor, equipment, materials and services necessary to satisfactorily perform the following items: A. S~I'REET CLEANff4'G A four foot (4') area measured from the face of the curb shall be cleaned at least once per month to remove any accumulation of debris or objectionable growth and to maintain a neat and safe condition. All curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalk/curb joints shall be kept weed-free and the sidewalks blown clean with each service. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. TRASH REMOVAL A weekly servicing of all median islands is required to clean up and remove all debris, paper, bottles, cans, other trash, fronds and horticultural debris. It is suggested that this pick-up also be done prior to mowing in all turf areas. C. TRIMMING AND PRUNING All shrubs, groundcover, and trees other than Sabal Palms shall be trimmed pruned as often as necessary to maintain the desired shape and form of the 19 md . OCT zz. 2002 Months October March June landscape material as determined by the Contract Administrator. Ornamental grasses (White Fountain Grass, Fakahatchee Grass) shall be pruned to a six (6) to eight (8) inch height the first week of October and April. This item of work shall also include removal of suckers, poison ivy or any other objectionable growth which may fix itself to the shrubs, groundcover, grasses and trees. WEEDING OF PLANT BEDS AND OTHER MULCHED AREA8 Weeding of plant beds and other mulched areas by spot spraying and hand pulling will be performed biweekly (every other week) or as necessary to provide a weed free and well-maintained area as determined by the Contract Administrator. Herbicide used for spot spraying shall be a mixture of Roundup and Surflan or other approved herbicide. All applications shall be made during the first week of the month. Applications shall be made to turf the day following irrigation when grass blades are dry. Immediately after the fertilizer is applied, the sprinklers shall be activated for thirty (30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing Iron shall be removed from curbs to avoid staining. FERTILIZATION, SHRUBS, GROUNDCOVER AND TREES (_/ranular t~rtilization of shrubs, groundcover and h ~s oth~r titan Pine Trees, Saw Palmettos and Sabal Palms shall be applied by hand in a ringcd radius of twelve inches (12") from the base of the plants and twenty-four inches (24") around the trees. The fertilizer shall be placed at a rate of two (2) lbs./100 sq. fi., three (3) times per year as set forth in the following schedule. Plants Trees 1/8 cup - 2 oz - 1 - Gal 1" Caliper/1/2/Cup - 8o~z. 1/4 cup - 4oz - 3 - Gal (8 lbs max.) 1/2 cup - 8 oz - 10 -Gal , Formulation Applic~ttion Rate 8-10-10 2 Ibs./100sq. ft. 8-10-10 2 lbs/100sq, ft 8-I0-10 2 lbs/100sq, ft. MULCHING OF PLANT BEDS Remulching of all plant beds and tree rings shall be performed twice annuallv, Before remulching, any remaining existing mulch shall be turned and mixl~d int~3~_rrEM | J OCT 2002 20 Ho the existing soil. Mulch shall not be placed over valves or valve boxes which are located within bed areas. Mulch material shall consist of shredded Eucalyptus Mulch Grade "A". The mulch shall be placed to a depth of two (2) inches of "fluffed mulch" measured from the existing soil grade. All weeds shall be removed prior to placement of the new mulch. TREE TRIMMING (Sabal Palms) All Sabal Palms shall be trimmed on an as-needed basis. The work shall be done in a professional manner in accordance with accepted trade standards. Tops of the Sabal Palms shall have all brown/dead and lower fronds removed from the tree. The trees shall not be climbed to remove the fronds. Access to the tree fronds shall be by ladder, boom truck or lift. All debris fi.om the trimming shall be removed and work site shall be left in a clean and neat manner. When this work is being performed, it may be required to close one (1) lane of traffic using traffic control devices placed a sufficient distance in advance of and beyond the work area to maintain a safe and continuous flow of traffic. ORNAMENTAL & TURF SPRAYING Overall Ornamental Spraying of plants and shrubs is included in this Contract. It is required that if a subcontractor will be performing these services said subcontractor shall possess and the CONTRACTOR shall provide the following to thc Contract Administrator: a. Valid State of Florida Pesticidc Liccnse that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience as approved by the BOARD. c. Before commencing work of any kind, the Pest Control Subcontractor shall procure the follow'lng insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Contract Administrator. All Certificates of Insurance shall include Collier County as an Additional Insured on both the Comprehensive Liability and Business Auto Liability Policies: 1. Worker's Compensation - Coverage in compliance with Florida Law. The Policy must also include Employer's Liability with the limit of $100,000.00 each accident. 2. Comprehensive General Liability (Including Contractual Liability) - Minimum limits of $100,000.00 per occurrence combined single limit for bodily Injury o Liability and Property Damage Liability Automobile Liability - Minimum limits of $100 per occurrence combined single limit for Bodily Liability and Property Damage Liability. 21 000.00 0 C T 2002 The CONTRACTOR shall provide a written spray program that shall incorporate the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. The CONTRACTOR and Subcontractor, if these services are provided by a Subcontractor, shall make on-site inspections and provide written reports to the Contract Administrator once per month from October through May and twice per month from June through September. Methods of Application: One Hundred Percent (100%) coverage and penetration shall be provided. Chemicals shall be manually applied by walking with hand held applicators. a. Insecticides and Fungicides shall be applied at a minimum pressure of 150 pounds. b. Herbicides used in turf areas shall be applied at a pressure of 20 pounds. c. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Turf, Groundcover, Shrubs and Turf Areas. d. Spray applications shall be applied during times of"no-wind" conditions. e. No ttuck~/tructors will be allowed within the median areas. Provide and place, at timc of application, traffic control meeting Florida Department f Transportation, M.U.T.C.D. Rate of Application: a. All chemicals shall be applied at the rates recommended on the manufacturer's labels. Materials List: a. All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Administrator for review and approval. b. Fungicides shall be alternated in order to reduce resistance. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Twelve (12) times per year (once a month). AGF. Nr}_a.~TEM OCT 2002 22 p~. 2.3 SERVICING THE IRRIGATION SYSTEMS Monthly Requirements o o Each zone shall be manually turned on and a thorough inspection conducted to ascertain proper operation of the system. Check entire system and repair system for any blown heads, broken lines and leaks around heads and valves. (Valve closure time not to exceed two (2) minutes). Manually run the system to ensure that no sprinkler heads/nozzles are spraying onto the roadway. Clean and adjust sprinkler heads/nozzles and concrete donuts to ensure proper coverage. Twice a month CONTRACTOR will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. A copy of the results shall be supplied to the Contract Administrator. Once every two months or as needed, CONTRACTOR will clean the wye strainer filters and inspect them for wear. Should excessive wear be found the Contract Administrator shall be notified. General Requirements Go Into Affect Upon Installation of New Irrigation System. 3. 4. 5. o Should South Florida Watcr Management District establish wat¢r restrictions, the sprinkler systcm shall bc inspected and all timers sct as stated during the mandated hours of operation set by the District. Includes replacement of heads/nozzles, installation or replacement of risers and repair of minor breaks or restricted sprinkler lines. Inspect, clean and replace if necessary, screen/filters within the sprinkler heads. Use only County approved replacement parts, and use only matched prescription head replacements. Under the direction of the Contract Manager, or his authorized representative, the main irrigation lines and quick couples shall be flushed once a year. BOARD shall hire an irrigation contractor to design the new irrigation system and shall coordinate the new design of the irrigation with CONTRACTOR so that CONTRACTOR and BOARD can proceed to secure the new landscaping as soon as possible. CONTRACTOR shall be responsible for the landscape design and installation of plant materials as set forth herein. Upon installation of the new irrigation system, the BOARD shall review the entire irrigation system and notify the CONTRACTOR that the system is complete. The CONTRACTOR shall further adjust all sprinkler heads to ensure that all landscaped are~ total (100%)irrigation coverage. OCT z2. 2002 23 Jo Total (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. Notification to the Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. MAINTENANCE LOGS The CONTRACTOR shall complete and submit log sheets on a monthly basis and may be required to conduct on-site inspections with the Contract Administrator on a weekly basis to verify sa{isfactorily completion of Contract requirements. The original forms for the log slceets will be provided to the CONTRACTOR for his reproduction purposes. TRAFFICS'CONTROL At all times while performing work required by this Contract, the CONTRACTOR shall provide and erect any traffic control devices and use procedures conforming with the FDOT Manual on Traffic Control and Safe Practices. The CONTRACTOR will be responsible to obtain a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility, approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. MISCELLANEOUS GENEP~L MAINTENACE RESPONSIBILITIES o If plants, shrubs, trees, or foliage die due to neglect or damage by the CONTRACTOR, CONTRACIOR'S employees or a Subcontractor as determined by the Contract Administrator, they shall be replaced at the CONTRACTOR'S expense. The CONTRACTOR shall provide ramps or other devices to gain access over the curb to all islands. The curb or turf areas shall not be damaged due to access. It shall be the CONTRACTOR'S responsibility to notify the Contract Administrator of any maintenance problems or additional maintenance needs. The CONTRACTOR shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation. The CONTRACTOR shall immediately notify the Contract Administrator should a disease or infestation be found. MISCELLANEOUS IRRIGATION MANITENANCE RESPONSIBILITIES It shall be the CONTRACTOR'S responsibility to notify the Cot Administrator of any irrigation problems or additional irrigation maintenance needs. 24 ~,act AGFNDAJTEM No.~ OCT L..z. 2O02 . ~ The irrigation service personnel shall provide on-site 1-way hand-held communications during all services and/or inspections. The irrigation service personnel must troubleshoot time clocks, i.e. power- in 110 volt and 24 volt fuses, 24 volt output when necessary. The irrigation service personnel must troubleshoot any pump start relay, main fuses and capacitors when necessary. N. ACCII)ENTS OR THEFTS The CONTRACTOR shall be responsible to contact the Contract Administrator of any accident or thefts involving the areas within this Maintenance Contract. O. RESPONSE TIMES On a twenty-four (24) hour basis, the CONTRACTOR may be required to travel to the site immediately to meet with the Contract Administrator or Sheriff's Department personnel to resolve an emergency and should the Contract Administrator contact the CONTRACTOR by telephone, beeper, or radio. CONTRACT TERMINATION The County shall be the sole judge of non-performance. Should the CONTRACTOR be found to have failed to perform his services in a manner satisfactory to the County as per Specifications or for any of the following points, the County may terminatc this Agreement as providcd Ibr hcrcin: Inability for any reason, of the CONTRACTOR to perform requested service. Work that is not performed on a level consistent with the industry standards. Services not rendered within a reasonable time after notification by Collier County. Non-compliance ~vith any portion of this Contract. CONTRACTOR'S EMPLOYEES Employees of the CONTRACTOR shall be properly uniformed and provide a neat appearance. All employees of the CONTRACTOR shall be considered to be at all times the sole employees of the CONTRACTOR under his sole direction and not an employee or agent of Collier County. The CONTRACTOR shall supply competent and physically capable employees and Collier County requires the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the County. 25 AG-:.;,? "~,T I:::, M OCT zz. 2002 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ATTEST: C°rp1 Witness (if not incorporated) ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk CONTRACTOR: Vin e)~ar~s ~De-x;elopment Corp~j~i'on By: Its: President Date: .?/,.n 7,/~ .2 [Co.orate Seal] , , Board of County Co~msmners of Collier Count),, Florida By: James N. Coletta, Chai~an Approved as to Form an~ Legal Sufficiency: .i~ sq.u~Jine Hubbard Robinson istant County Attorney 26 AGFND&~ITEM ,, OCT _zz. 2002 Pg. Z 0 © , N( Pc. Z ,? ,{~2002 ~ Memorandum To: From: Date: Subject: The Honorable Board of County Commissioners Edward J. Kant, Transportation Ope~'~ns Director October 9, 2002 Cost D{etails for Irrigation Associated with Vineyayds Development Corp. (VDC) Agreement Amendment Agenda Item 10F, October 8 Board Meeting (Pulled per Staff Request) At the October 8 Board meeting the subject Agenda Item was pulled at staff's request to permit a further documentation of the costs associated with the proposed Agreement Amendment. The Agenda Item indicated a total cost of$136,000, split between the County and VDC for irrigation repairs and plant material ($80K for irrigation repairs - County cost, and $56K for plant material replacement - VDC cost). The $80,000 cost was not fully explained in the Exec{itive Summary and I wish to take this opportunity to provide more detail as the item is being re-submitted for the October 22 Board Meeting. I offer the following basic work items and their associated costs with a more detailed explanation following: Repairs to the existing irrigation sub-system (including labor, material, equipment, Maintenance of Traffic, directional bore, and all contractual costs) $50,000 2. Allowance for repair/replacement of irrigation main-line $17,000 3. Professional fees for irrigation design $ 4,000 4. Allowance for contingency $ 9,000 Total cost estimate $80,000 Transportation Operation~ Department OCT 2 2 2002 The Honorable Board of County Commissioners October 9, 2002 Page 2 of 2 Staff requested that Mr. James Abney, a recognized irrigation expert and consultant, provide a detailed estimate for the irrigation sub-system repairs (please see Attachment No. 1). Mr. Abney has provided explanation for the higher than originally estimated cost ($35,000 vs. $37,000). In addition Mr. Abney points out that until we actually open the medians we cannot say with any certainty whether or not the existing main irrigation line will be usable. Therefore, I have included the entire estimated cost of repair/replacement as part of the overall request. In addition to Mr Abnev's information, we have obtained a quotation from Michael McGee, ASLA,~ for the 'i~gatiox~ design and construction phase services ($4,000). I also provided another contingency cushion in my estimate ($9,000) to round the estimate up to $80,000. .\ The desigh fees, the added contingency estimate and the allowance for the repair/replacement to the irrigation main line were not included in the original figure ($35,000) provided to the Board and to the public. For that omission, I take full responsibility. I should have been less eager to provide ~a number and taken more time to assure that the total estimate was complete and accurate. I will endeavor not to let this sort of error occur again. Please advise if there is any other information we can provide to assist in your deliberations. CC~ James V. Mudd, County Manager Leo Ochs, Deputy County Manager Norman E. Feder, AICP, Transportation Administrator Pam Lulich, ASLA, Landscape Operations Manager File: Vineyards Landscaping Agreement Attachments as stated: No. 1 - Copy of email from Abney to Lulich No. 2 - Copy of quote from McGee Transportation Services Department OCT 22m From: JAAIDC2@aol.com [mailto:JAAIDC2@aol.com] Sent: Thursday, September 19, 2002 2:00 PM To: lulich_P Subject: Re: Pine Ridge - Irrigation Preliminary Opinion of Probable Construction Cost Hi Para, I am sending a very preliminary OPC for Pineridge Road. The POPC is based on a quick layout done. It is only for the first three medians east of 1-75. The last median, 1st west of Santa Barbara/Logan Blvd. is not included. (1) Controller, assuming Irrinet MIR 5000 unit, $5,000.00 (4) 3" Isolation valves @ $300.00 ea = $1,200.00 (12) Quick Coupling Valves @ $100.00 ea. = $1,200.00 (2) Irrigation Main Line Blow-Off Pts. @ $300.00 ea. = $600.00 (4) Irrigation Main Line Pressure Check Pts. @ $100.00 ea.: $400.00 (22) 1.25" Zone Control Valves w/Isolation GV @ $200.00 ea. = $4,400.00 (95+/-) 12" High Pop-up Rotary Gear Drive Heads @ $85.00 ea. $8,075.00 (200+/-) 12" High Pop-up Spray Heads @ $35.00 ea. $7,000.00 (200+/-) 6" Pop-up Spray Heads @ $28.00 ea. $5,600.00 (30+/-) Bubblers for canopy trees @ $25.00 ea. $750.00 Subtotal (excluding irrigation main & water source) = $34,225.00 10% Contingency = $3,422.50 Preliminary Total (excluding irrigation main & water source) = $37,647.50 The project needs to have a 3" (minimum size) irrigation main. If the existing irrigation main is not a 3" line, it cannot be used. The following is a an estimate of the main line cost. , (4,300'+/-) 3" Irrigation Main Line @ $3.50 L.F. + 10% Continge~'y = $16,555.00 The preliminary OPC is coming up to an average of $.89 per S.F. including the main line piping. The average cost per S.F. without the main line is about $.62. The reazon why it is higher than what I anticipated yesterday is due to the high number of spray type hydrants, controller required, and number of short radi rotary gear ddve heads. If the medians were wider, like 30'+/-, thee number of hydrants could be reduced significantly. The current medians width (20°-24') is a width that will require a high number short radi rotary gear drive & pop-up spray hydrants. If you have any questions, feel free to contact me. James Abney OCT OCT 222002 ....... EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND SITES IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF- WAY, DRAINAGE AND/OR UTILITY EASEMENTS,. AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA BOULEVARD I LOGAN BOULEVARD ROAD IMPROVEMENT PROJECT FROM DAVIS BOULEVARD TO NORTH OF PINE RIDGE ROAD (PROJECT NO. 62081). FISCAL IMPACT: $1t,914,000. OBJECTIVE: To obtain authorization from the Board of County Commissioners to acquire by gift or purchase ali rights and interests in real property which are required for the construction and maintenance of road improvements to Santa Barbara Boulevard / Logan Boulevard from Davis Boulevard to north of Pine Ridge Road. CONSIDERATIONS: In June of 1996, Santa Barbara-Logan was identified in the Long Range Needs Plan as a six-lane arterial roadway. Upon the adoption of the Annual Update & Inventory Report (AUIR) in October 1999, the expansion of Santa Barbara-Logan to six- lanes between Radio Road and Pine Ridge Road was added to the Capital Improvement Element (CEI) by the Board of County Commissioners. Santa Barbara-Logan was listed as one of fourteen projects as needing to be addressed as part of a transportation emergency declared by the Board of County Commissioners in the spdng of 2000. On September 12, 2000, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of WilsonMiller Inc. ($2,228,072) for the design of six-lane improvements to Santa Barbara-Logan from south of Radio Road to north of Pine Ridge Road, Project No. 62081 (CIE No. 56). On February 13, 2001, the Board of County Commissioners approved Amendment Number One (for $547,503) to extend the project limits from south of Radio Road I C.R. 856 to Davis Boulevard / S.R. 84. In March of 2001, the update to the 2025 Long Range Transportation Plan was presented to the Metropolitan Planning Organization (MPO) and again identified Santa Barbara-Logan as a six-lane facility. The six-laning of Santa Barbara and Logan Boulevards from Davis to Pine Ridge Road was included in the Board of County Commissioners adopted 5-Year Work Program in the spring of 2001 and included in the subsequent update and financing plans in December of 2001. At this time, the County's design consultant has prepared a design for a six-lane facility that is approaching the 90% stage. Since the 60% public presentation of the design, modifications have been made to address various public requests regarding drainage, access and mobility, right-of-way needs, sidewalks, noise abatement, and street lighting. Also since the 60% stage, residents of Logan Boulevard have challenged the need for a six- lane facility. Since July of this year, the extent of the right-of-way and other interests in real property that must be acquired to construct the project has been known. Right-of-Way Maps and legal descriptions of the right-of-way and easement parcels along the project corridor have been prepared. Adoption of the attached Resolution will provide the Board's_ authorization and OCT 2 2 20~2 Page 1 of 3 directive to staff to secure title work, obtain independent real estate appraisals, make wdtten purchase offers for the real property interests required to construct the project, and to negotiate and close on the purchase of the afore-mentioned right-of-way and easement parcels. Such acquisition may include the complete parcel of land and all improvements contingent upon a willing seller. The County may designate these particular purchased properties for future auction to recover costs. While public input during the design phase has raised questions regarding the immediate need for six-laning rather than interim intersection improvements, the need for the six-laning in the future has been clearly indicated in all pdor planning documents. While current f'~lures indicate that intersection improvements could delay the need for $ix-laning by approximately five years, the six-lane dght of way should be purchased as the decision to phase in or pursue the construction of the full cross-section continues to be evaluated. In purchase of the right-of-way, the county will offer willing sellers that have been significantly impacted as determined by the County the option to have their whole property acquired, as previously noted. '~=ISCAL IMPACT: Total estimated costs for all right-of-way acquisition~for this project are · estimated to be $11,914,000. This figure includes all land and improvements, severance damage claims, appraisal fees, title policies, and all expenses associated with condemnation of the necessary right-of-way from Davis Boulevard to north of Pine Ridge Road. The total acquisition costs would be reduced considerably if parcels can be negotiated rather than acquired by condemnation. Where whole takes occur, the initial cost could increase, but future resale of the property should result in no increase or possible savings over the partial acquisition. All expenses will be funded from the Transportation Supported Gas Tax Fund and Transportation Impact Fee Funds. Source of funds are Gas Taxes and Impact Fee Funds. GROW'FH MANAGEMENT IMPACT: The expansion of Santa Barbara Boulevard / Logan Boulevard to six lanes from Davis Boulevard to north of Pine Ridge Road is identified as Capital Improvement Element No. 056 within the County's Growth Management Plan and is consistent with the MPO's long range transportation plan. OCT 22 ~ i Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners of Collier County, Flodda: Adopt the attached Resolution authorizing the acquisition by gift or purchase of all rights and interests in real property which are required for the construction and maintenance of a six lane section of Santa Barbara Boulevard I Logan Boulevard from Davis Boulevard to north of Pine Ridge Road; and Where property owners am willing to sell the parent tract and all improvements and the County has determined that a significant impact will occur to the parent track as a result of the project, authorize staff to acquire the parent tract at fair market value; and 3. Authorize the Chairman to ~,~(ecute same on behalf of the Board; and 4. Approve any and all budget amendments required. SUBMITTED BY: DATE: I ~ - Kevin Hendricks, Right-of-Way Acquisition Manager Transportation Engineering and Construction Management REVIEWED BY: REVIEWED BY: APPROVED BY: Ewing "~p" Mc Michael, Project Manager Transpot)~tion Engineering and Construction Management v' - DATE: / ~-/~-~ O~- Gregg Stra~kaluse, Director Trans.~po/~in~eedng and Construction Management DATE: /~)-/~ No~a~F~er, AICP, Administrator Trans~ation Sewi~s Division ,~ OCT 2 2 2002 Page 3 of 3 COLLIER COUNTY TRANSPORTATION DIVISION MEMORANDUM To: From: Date: Re: Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner James D. Carter, Ph.D., District #2 Commissioner Fred Coyle, District 04 Commissioner Donna Fiala, District #1 Norman E. Feder AICP, Administrator, Transportation Services Division October 16, 2002 Gift and Purchase Resolution for Santa Barbara/Logan Boulevards from Davis Boulevard/SR 84 to North of Pine Ridge Road/CR 896 Collier County Project Number 62081 On October 22, 2002, the Board of County Commissioners will consider the adoption of a Girl and Purchase Resolution for the property interests necessary to six-lane Santa Barbara/Logan Boulevard from Davis Boulevard/SR 84 to north of Pine Ridge Road/CR 896. This memorandum contains important information for consideration by the Board of County Commissioners. Santa Barbara and Logan Boulevards have been on the County's long range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Alternate routes The need for additional north-south arterial capacity within Collier County for travel demands west of Collier Boulevard has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments, US 41 is currently a six-lane roadway, Collier Boulevard is being studied for expansion and extending north of Immokalee Road into Lee County, and Livingston Road, a six- lane roadway, is currently under construction. Due to land development and the anticipated high cost of future right of way, it is unlikely that Santa Barbara/Logan Boulevard will be expanded beyond six-lanes; however the ??.'..dor is .o~n_e_ ~(o.~y Page I of 4 061 2 2 2002 q o three direct north-south arterial connections (other than the interstate) between Collier County and Lee County. To meet current and furore capacity needs, the only viable alternative is to improve Santa Barbara/Logan Boulevard through intersection improvements additional turn lanes and travel lanes. Safety f,,etors The design of the Santa Barbara/Logan Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation Roadway and Traffic Design Standards, Plans Preparation Manual, and related design manuals; American Association of State Highway and Transportation Officials (AASHTO); Manual on Uniform Traffic Control Devices (MUTCD); and Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as mended in Resolution 2001-247, dated June 26, 2001), and the Public Rights of Way Construction Standards Handbook (as applicable) to ensure the safe movement of people and goods within the project limits. Santa Barbara-Logan currently has several median openings in locations that, although convenient, slow traffic flow. When motorist use these median opening incorrectly, accidents occur. The proposed design of this arterial creates directional median openings and full median openings at locations better suited for motorist. The proposed design also adds street lighting, wider sidewalks, and improved drainage, all of which create a safer public right-of-way. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for six- laning Santa Barbara-Logan has been identified. The six-laning is consistent with current and near future travel demand needs and the availability of financial resources. Public comment and presentations at public meetings have further explored social and environmental impacts, safety and alternatives. The October 11, 2002 MPO meeting minutes reflect the depth of consideration given to these factors. Environmental factors Long range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. The sites Page 2 of 4 OCT ~ ~ ~ were first identified and a site visit was made by the design Consultants and County's environmentalist to determine if there were any affects on the environment. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project involves three separate typical sections which correspond to three project segments; Segment 1, from Davis Boulevard/SR 84 to the Golden Gate Main Canal; Segment 2, from the Golden Gate Main Canal to the Green Canal; and Segment 3, from the Green Canal to Pine Ridge Road/CR 896. We analyzed three scenarios; east side (right); centered, along both sides of the existing right of way line; and west side (left). These three scenarios were graded as "high", "medium", and "low" as they relate to costs associated with right of way impacts, construction, and maintaining of traffic during the construction phase. Only Segments 2 and 3 require additional right of way. The results of the analyzes are as follows: Segment 2 East side - Segment 2 is bounded by Golden Gate City to the east, the recommended typical section requires a minimum 28-feet of additional right of way. Right of way acquisition along the east side (right) would involve the partial taking on approximately 100 lots. which include multi-family and commercial properties. The average setback for the existing buildings is 30-feet, a 28-foot taking would reduce many setbacks to 2-feet and would affect parking and internal circulation significantly. Right side widening was graded as "high". Centered - Segment 2 is bounded by Golden Gate City to the east and by Golden Gate Estates lots to the west. Partial takings of 150 properties is required if this scenario were to be considered. The reduced taking on the east side would still have substantial impact to those property owners. West side - Segment 2 is bounded on the west side by Golden Gate Estates lots. Approximately 50 lots would be impacted by partial takings. These mostly residential and some commercial properties generally are 150-feet by 800-feet deep with a minimum setback of 75-feet. Due to the relatively large setbacks and somewhat minor impact to the remainder property, impacts to right of way acquisition along the west side (left) were graded as "low". East and West side - Segment 3 is bounded on the east (left) and west (right) sides by Golden Gate Estates lots. The recommended typical section requires a minimum of 34-feet of additional right of way. Although right of way acquisitio,n~along only one Page 3 of 4 OCT ~ ~- ~t~ side would minimize the number of properties involved it would reduce the existing setbacks significantly, as a result, we graded the impacts as "medium". Centered - As stated, Segment 3 is bounded by Golden Gate Estate lots on both the east and west sides, 29 partial takings would be required for this alternative. Splitting the right of way acquisition minimizes the reduction to the existing setbacks and therefore the impacts for this segment was graded "low". East and west side widening alternatives do not make efficient use of the existing pavement. The resultant centerline shift of the alignment would require a complete reconstruction of the roadway. Additionally, the maintaining of four travel lanes during construction would require that extensive temporary pavement be placed. Therefore the construction costs and maintaining of traffic during construction impacts were graded as "high". Public Participation Throughout this process, the public has been an active participant in identifying concerns regarding aesthetics, safety, convenience and the overall scope of the project. Staff has made modifications to the design to include additional directional median openings to accommodate the neighborhoods existing level of service, alternative (more expensive) drainage design to reduce the right-of-way needs for the system, full cut-offs on street lighting to reduce glare throughout the neighborhood. Public meetings regarding the design were held on June 26, 2002, September 3, 2002, and October 11, 2002. Additional public meetings are being planned. NEF:DRW:bc Jim Mudd, County Manager Leo Ochs, Assistant County Manager David Weigel, County Attorney Page 4 of 4 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 RESOLUTION NO. 2002- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFr OR PURCHASE OF RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND S1TES IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT- OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA BOULEVARD SIX-LANING PROJECT FROM DAVIS BOULEVARD TO PINE RIDGE ROAD (PROJECT NO. 62081). 16 WHEREAS, due to continually increasing traffic volumes on Santa Barbara Boulevard, and 17 due to the pending six-laning of Golden Gate Parkway, and due to the new interchange soon to be l 8 constructed by the Florida Department of Transportation at the intersection of Interstate 1-75 and 19 Golden Gate Parkway, it is now necessary and it is in the best interests of the citizens of Collier 20 County to expand the capacity of Santa Barbara Boulevard from four lanes to six lanes between Davis 21 Boulevard and north of Pine Ridge Road; and 22 WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory 23 Report), the expansion of Santa Barbara Boulevard from four lanes to six lanes between Davis 24 Boulevard and Pine Ridge Road was added to the Capital Improvement Element by the Board of 25 County comrmssioners; and 26 WHEREAS, on September 12, 2000, the Board of County Commissioners approved a 27 negotiated contract for professional engineering services with the firm of WilsonMiller, Inc., for the 28 design of six-laning improvements to Santa Barbara Boulevard / Logan Boulevard from south of 29 Radio Road / C.R. 856 to north of Pine Ridge Road / C.R. 896, Project N~ 62081 (CIE No. 56), on 30 February 13, 2001 the Board of County Commissioners approved Amendment Number One to extend 31 the project limits from south of Radio Road / C.R. ~56 to Davis Boulevard/S.R. 84; and 32 VqHEREAS, WilsonMiller, Inc., has produc~ a 60% design plan which shows the need for 33 additional right-of-way as depicted on Exhibit "A;" and ~ WItEREAS, the construction of the transportation improvements and related facilities 35 currently being designed by WilsonMiller, Inc. along the project corridor, as depicted on Exhibit "A," 36 are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and 37 will assist Collier County in meeting certain concurrency requirements of the Growth Management 38 Plan for Collier County. { C) ~ 2 2 211O2 39 40 41 42 43 44 45 46 47 48 50 51 52 53 54 55 56 57 58 59 60 61 62 65 67 68 69 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Santa Barbara Boulevard from four lanes to six lanes from Davis Boulevard to north of Pine Ridge Road is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities, such as stormwater retention and treatment ponds, is compatible with the long range planning goals and objectives or,he Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collier County for the Board to acquire fee simple parcels, as well as perpetual, non-exclusive road fight-of-way, drainage and/or utility easements, and temporary construction easements, and temporary driveway restoration easements, within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said fight-of-way, stormwater retention pond sites, and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. The Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquisition of property rights necessary for the construction of the project. 7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of properly OCT 2 2 L I02 70 rights above the staff compensation estimate or appraised value, and pay normally related costs, when ? 1 it is in the best interest of the Project, and when the difference between the proposed negotiated 72 settlement amount (purchase price) and compensation estimate (or the appraised value) is less than 73 Twenty-Five Thousand and 00/100 Dollars ($25,000.00), or the current purchasing limits established 74 by. the Collier County Purchasing Department, provided, Project funding is available. 75 8. That the settlement approval authority is delegated by the Board to the extent that such 76 approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 77 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and 78 Purchase Agreements which have been approved in the manner set forth in Paragraph 7. 79 10. Where the property owner agrees, through the execution of a "Pumhase Agreement" or 80 "Easement Agreement," to convey a necessary interest in real property to the County, and upon the 81 proper executioh by the property owner of those deeds, easements, or such other legal documents as 82 the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to 83 issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a 84 closing statement and which shall be based upon the appraisal or staff compensation estimate in 85 accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 86 11. All title to properties or interests in properties which have been obtained in the manner 87 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 88 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is 89 hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other 90 instruments as may be required to remove the lien of any encumbrance from the acquired properties. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 THIS RESOLUTION ADOPTED on this second and majority vote. ATTEST:' DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and Assistant County Attorney day of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA., CHAIRMAN -Page 3- £27 2 2 2002 // OCT 2 z 2002 EXECUTIVE SUMMARY AWARD A BID 02-3424 IN THE AMOUNT OF $12,495,051.66 TO AJAX PAVING INDUSTRIES, INC. AND ALLOCATE $600,000.00 FOR CONTINGENCY PURPOSES TO CONSTRUCT THE PROPOSED GOODLETTE-FRANK ROAD PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134 OBJECTIVE: To receive Board approval to award a contract to proceed with the construction of the Goodlette-Frank Road project for $12,495,051.66 as per certified plans to the lowest bidder, Ajax Paving Industries, Inc., and allocate $600,000.00 to manage contingency items which include those that protect public health and safety. CONSIDERATION: Four (4) bids were received on September 24, 2002 from Ajax Paving Industries, Inc., APAC-Florida, Inc., Better Roads, Inc. and David Barron Land Development, for construction improvements to Goodlette-Frank Road, from Pine Ridge Road to Vanderbilt Beach Road. Improvements include widening the existing two-lane roadway of Goodlette-Frank Road to six lanes from Pine Ridge Road to Center Street and to four lanes from Center Street to Vanderbilt Beach Road. The divided roadway will provide for the future' widening of the four-lane section with the additional lanes in the median. The project will have a six-foot sidewalk on the east side and an eight-foot pathway on the west side with the exception of the area between South Carica Road and North Carica Road. The project includes the relocation of water mains, sewage force mains and effluent mains. The drainage ditch on the west side will be piped and covered from Pine Ridge Road to 500 feet south of South Carica Road. The lowest bid was fi'om Ajax Paving Industries, Inc., which was 2% higher than the Engineer's estimate. The construction duration for this project is 720 calendar days. The $600,000.00 contingency funds will allow professional staff to manage unforeseen conditions, scope additions, modifications, or any other unanticipated task necessary to continue timely and efficient operations while ensuring the protection of public health and safety. AGENDA ITEM No. /c, C_.~- OCT 2 2 2002 Pg, / FISCAL IMPACT: The total contract award is $12,495,051.66, contingencies as delineated below. plus an additional $600,000 for Contract Award Breakdown Road Element ~ Water Element ' Wastewater Element t, Total Contract Award Amount $9,122,073.36 $1,699,683.58 $1,673,294.72 $12,495,051.66 The transportation portion of this contract amounts to $9,122,073.36, with available appropriations of $2,561,875 in Road Impact Fee District One (Fund 331) and available appropriations of $8,778,500 in the gas tax supported Road Construction Fund (313). It must be noted that bond proceeds are the principal financing mechanism in the Road Construction Fund (313). Therefore, this contract award is ultimately subject to the issuance of revenue bonds, consistent with the Board approved transportation-financing plan. To make the most effective use of available cash, staff further recommends that progress payments on this contract be made initially from available impact fees, prior to use of gas taxes and bond proceeds. Funds in the amount of $1,129,500 are available in the Water Capital Projects Fund (412) to pay for the water transmission main construction. A budget amendment is needed to transfer funds in the amount of $661,263.58 from the NCRWTP, Chlorine Gas System Conversion project to the Goodlette-Frank Road Water Main Relocate project for construction and CEI services. Source of funds are User F~s. Funds in the amount of $1,533,200 are available in the Sewer Capital Projects Fund (414) to pay for the sanitary sewer and effluent portions of the project. Budget amendments are needed to transfer funds in the a~ount of $200,814.72 from the Sewer Capital Projects Reserve Fund for construction and CEI services. Source of funds are User Fees. AGENDAITEM No._.. 0CT 2 2 2002 Pg._ 2 Agenda Item 16-B-2, which was approved by the Board on September 24, 2002, incorrectly stated that the water and sewer portions of the funds for CEI services on this project would come from Impact Fees. The correct sources are User Fees, $91,080 from Water and $60,720 from Sewer. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. The utility construction is for the relocation of existing mains and has no impact on growth management. RECOMMENDATION,:,, That the Board of County Commissioners award a contract to Ajax Paving Industries, Inc., for the construction of the proposed Goodlette-Frank Road project, Bid No. 02-3424, and authorize the Chairman to approve the standard construction agreement after County Attorney approval and approve the necessary budget amendments. SUBMITTED BY?~/~. DATE: /'~ //'~//c-z L~n R. Thorpe, P.E., Principal Project Manager, T.E. & C.M.D. Gregg R. Strakaluse, Director, T.E. & C.M.D. APPROVED BY: ' ~'b'~'~' ~ Roy B. Anderson, P.E., Director, P.U.E.D, Steve Car~eii~ DirectOr ' Purchasi4~JGeneral Serv)ces APPROVED BY: '~,~,r Z ,_ N°rman~E..Feder, AICP, Administrator Transpo~tion Division ,/ DATE: AGENDA ~,EM No, !(0 (_'.~ OCT 2 2 2002 AGENDA ITEM No.~,O ~., , OCT 2 2 2002 Pg. ~ AGEN~ ITEM OCT 22 2~ AGENDA,~TEM No. ~i'-~ [' . OCT 2 2 2002 OCT 2 2 2002 Pg. ~ z~ O_ Pg. 22 2002 Pg. ITEM 2002 /o gg~. z~ m 0.. 2 2 2OO2 AGENDA ITEM .o. OCT 2 2 2OO2 Po. ./$ OCT 2 2 2002 AGENDA IT~.M OCT 2 2 2OO2 pg.__ /(-' _ ITEM OCT 2 2 2002 Po._/7 ~ OCT 2 2 2O02 Pg. ITEM 222002 ITEM 2002 pg. ~o EXECUTI~ SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $28,98(~2~.90 TO APAC.FLORIDA, INC. AND ALLOCATE $1,0(10.000.00 FOR CONTINGENCY PURPOSES TO CONSTRUCT THE PROPOSED IMMOKALEE ROAD FOUR LANE WIDENING, FROM CR 951 TO 43rd AVENUE NE, PROJECT NO. ~ To receive Board approval to award a contract to proceed' with the construction of the lnunokalee Road project for $28,986,526.90 as per certified plans to thc lowest bidder, APAC-Fiorida, Inc., and allocate $1,000,000.00 to manage contingency items, which include those that protect public health and safety. CONSIDERATION: Three (3) Bids were received on September 17, 2002 from Ajax Paving Industries, Inc., APAC- Florida, Inc. and Better Roads, Inc., for construction improvements to Immokalee Road, from CR 951 to 43~ Avenue NE. Improvements include widening the existing two lane undivided roadway to a four lane divided roadway from Collier Blvd. to 43'a Avenue NE. This project was designed so that the additional two lanes, when required, can be added to the inside. The portion of roadway between Wilson Boulevard and 43a Avenue will have slreetlights and a sidewalk on one side. The lowest bid was from APAC-Florida, Inc., which was well below the engineer's estimate. ~ conu'actor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is 1,491 calendar days. The $1,000,000.00 contingency funds will allow professional staff to manage unforeseen conditions, scope additions and modifications, or any other unanticipated task necessary to continue timely and efficient operations while ensuring the protection of public health and welfare. FIS(~AL IMPAI~T: The total contract award is $28,986,526.90, plus an additional $1,000,000 for contingencies as delineated below. Contract Award Breakd0~ Road Element Water Element Wastewater Element Total Contract Award Amount $21,381,554.15 $ 5,768,935.75 $ 1,836,037.00 $28,986,526.90 The transportation portion of this contract amounts to $21,381,554.51, with available appropriations of $3,350,0(X) in Road Impact Fee district One (Fund 331) and available appropriations of $18,031,554.15 in the gas tax supported Road Construction Fund 313. It must be noted that bond proceeds are the principal financing mechanism in the Road Construction Fund (313). Therefore, this contract award is ultimately subject to the issuance of revenue bonds, consistent with the Board approved transportation-financing plan. To make the most effective use of available cash, staff further recommends that prog~.ss payments on this contract he nu~le initially from available impact fees, prior to use of gas taxes and bond proceeds. Funds in the amount of $5,768,935.75 are available in the Water Impact Fee Fund (411) to pay for the water transmission main conslmclion. Funds in the amount of $1,836,037.00 are available in the Sewer Impact Fee Fund (413) to pay for the sanit~y sewer portion of the project. Source of funds are Impact Fees, User Fe~ ~nd C~ T~xes. Funds for the Road portion of I1~ projnct ~re to he paid out using ali Impact Fees fir~ all Gas Taxes ~econd and Bond Procee~ Last. (~ROW'rlt MANAGI/~NT IMPACT: This Capital !mprovement Element (CIE # 71) is consistent with the Transportation C~owth M~J~¢~t Plan. The utility improvements are comiC, hr with the 2001 Water and Wastewater ~ Phm. ,Ri~COMMI~NDATION: That the Board of County Commissioners award a contract to APAC-Florida, Inc., for the commicti~ of the ~ lmmokalee Road. project, Bid No.02-3419, and authori~ the Chaimum to approve the ~ndard comuuction ~teeauent and the nece~u'y bnd~et an~ndment, after County Anorn~ ~-oval. OCT 2 2 2[I)2 SUBMITTED B~~ ~ DATE: /~/~//~z ro ect Man r T.E. 8: C.M.D. ~ R. ¢l~orpe, P.E., Principal P j age, Gregg R. ~"~akafuse, l~ir~ctor, T.E. & C.M.D. Ro~..An/~rson, P.E., Director, P.U.E.D. APPROVED steve C; :~, ~ir~cto~ ' ' / Purchag lg/General Services APPROVED BY: t~. Feder, AICP, Administrator Norm/Transportation Division DATE: ....AGFr.~DA ITEM OCT 2 2 2002 Pg. AGENDA ITEM No. OCT 2 2 2OO2 Pg. ~ OCT 2 2 2002 OCT 2 2 2002 Pg. ~ OCT 2 2 2OO2 Pg. ~ AGENDA ITEM No._ t(~ ~ OCT 2 2 2002 .o. 7 AOENDAJ.TEM OCT 2 2 2002 Po. ~ AGENDA ITEM No. ~_~ ~ , OCT 2 2 2O02 Pg. ~ AGENDAJTEM No. OCT 2 2 2002 pg. \'~ AGEND,~LITEM No. ~00 OCT 2 ~ 2002 Pg. ~,~, AGENDA No., \C~ T~L~M OCT 22 2002 pg. k'"~. AGENDA ITEM .o. [~ ~ OCl 2 ~ 2002 Pg. ~) .4QENDAJTEM OCT 2 2 2002 AGF. Ni~ ITEle No. ~.~ ..~ OCT 2 2 2002 PO- ~'-~ OCT 2 2 2OO2 Pg. EXECUTIVE SUMMARY PRESENTATION OF COLLIER COUNTY'S 2002-2003 LEGISLATIVE AGENDA FOR THE BOARD OF COUNTY COMMISSIONER'S APPROVAL ~ To adopt a number of items of interest to Collier County in the 2002 legislative process in anticipation of presentation to the local legislative delegation on November 26, 2002. CONSIDERATIONS: The 2002 Collier County Legislative Delegation Meeting has been scheduled for No"vember 26, 2002, the following list of items has been prepared for adoption as the Board of County Commissioner's agenda for the 2002-2003 legislative session. Following are Collier County's proposed legislative interests for the coming year: · Indexing of the Local Option Gas Tax · Provision for a local discretionary Real Estate Transfer Tax · Expanding the use of the fourth percent Tourist Development Tax · Authorization for counties to impose a discretionary Document Stamp Surcharge · Legislative action to amend the Florida Intrastate Highway System (FIHS) to include SR 29 from 1-75 to SR 80 in Hendry County. · Support of the following grants: Florida Communities Trust Barefoot Beach Outparcel - Goodland Boating Park FRDAP - North Naples Regional Park Proposed Special Act codifying (consolidating)all Special Acts relating to the Collier County Water-Sewer District into a single Special Act for this District. This Act also proposes to repeal several Acts of the defunct Pelican Bay Improvement District. Support of the following Florida of Association of Counties (FAC) Policy Statements regarding: · · · Opposition of legislation increasing inpatient hospital costs, and support costs Article V / Revision 7 An Act Relating To Animal Control (position recommended by FACA) Cross reporting of family violence (position recommended by FACA) the county share for nursing home and legislation that reduces inpatient hospital OCT · General position regarding infrastructure funding, support of legislation providing for additional state and local revenue sources to specifically address public infrastructure needs. An additional item for consideration, not listed on the delegation agenda is a proposal for inovmsed traffic fines for persons found guilty of red light running. FISCAL IMPACT: None. GROWTH MANAGEMENT II~ ACT:, None legislative agend~'for presentation to the local de~egauon on ~ovemoe , · APPROVED BY: Date: Beth Walsh Assistant to the County Manager ,/.~.__., .~---.-~__ ~ "~' L.~'-'~// Date:_ James V. Mudd County Manager OCT 222002 Issue #1 INDEXING OF THE LOCAL OPTION GAS TAX The state, over 10 years ago, authorized that the state motor fuel tax be annually indexed to the Consumer Price Index to allow the purchasing power of the tax to be maintained as costs increased over time. However, they did not provide for the same indexing of the Local Option Gas Taxes' imposed by the Counties. As such, the buying power of the Local tax has decreased as costs have increased while the effective yield for the 6.9 cents of state motor fuel tax has increased to approx. 9.6 cents to keep up with increased costs to build and maintain roads. The proposed legislation will provide the counties the same indexing as the state already has. REQUESTED ACTION: Support proposed legislation allowing Counties to index the Local Option Gas Tax. Issue #2 REAL ESTATE TRANSFER TAX Presently impact fees exempt sectors of the populous that are creating the need for improvement and expansion, placing an unfair burden on new development. A Real Estate Transfer Fee would equitably spread the cost of infrastructure improvements over all types of real estate. A transfer fee will provide a continuous revenue source as opposed to impact fee revenues generated with new growth, impact fee collections will diminish as a County reaches build-out. REQUESTED ACTION: Support legislation that would provide for a local discretionary Real Estate Transfer Tax. Issue #3 EXPAND THE ALLOWED USES OF THE FOURTH PERCENT TOURIST DEVELOPMENT TAX. Currently the fourth percent of the Tourist Development Tax is reserved for the financing of a professional sports facility, a retained spring training franchise and a convention center. Broadening the use of the fourth percent would allow for infrastructure improvements to areas that are impacted by tourists. REQUESTED ACTION: Tourist Development Tax. Support expanding the use of the fourth percent Issue #4 DOCUMENT STAMP SURCHARGE A documentary stamp tax is levied on documents as provided for under Chapter 201, Florida Statutes. The Legislature has authorized Miami-Dade County, but no other county, to levy the surtax on the theory that Article III, section (11)(b), Florida Constitution, allows the Legislature to make a revenue source available to a single county based on a revenue need unique to the county. A discretionary document stamp surcharge will allow counties to address recognized cdtical infrastructure needs. REQUESTED ACTION: Support authorization for counties to impose a discretionary Document Stamp Surcharge Issue #5 LEGISLATIVE ACTION TO AMEND THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) TO INCLUDE SR 29 FROM 1-75 TO SR 80 IN HENDRY COUNTY. With only 1-75 on the FIHS in Collier County, we are not in a position to compete for the increasing level of state and federal funds dedicated to FIHS projects. SR29 serves as an important corridor for goods movement, a catalyst for economic development in Immokalee and LaBelle and a by-pass of 1-75 in Collier County. While FDOT can add the segment (NOTE: SR29 from SR80 to US27 in Hendry County is already on the FIHS), this LOCAL BILL/SPECIAL ACT would raise the issue if FDOT does not act to include the segment. Collier had previously noted concern with the FIHS designation because it would require that higher Level of Service standards be maintained, but the standards will not place constraints and the option for funding needed multi-laning will be improved with the designation. REQUESTED ACTION: Support of Local Bill including SR 29 in the Florida Intrastate Highway System if not included by FDOT. OCT 2 2 Issue #6 SUPPORT FOR THE FOLLOWING GRANTS Under the Fiodda Communities Trust Program Collier County has applied for the following grants: · The Barefoot Beach "Preserve the Preserve" Outparcel. Collier County is requesting a 50% reimbursement ($2,386,500) of the purchase price. · The Goodland Boating Park, also requesting 50% reimbursement of the purchase price ($2,308,500). Under the FRDAP grant program Collier County has applied for: · A 50/50/match in funding ($200,000) for development of facilities at North Naples Regional Park. REQUESTED ACTION: Support and encourage the award of these grants to Collier County. Issue #7 AN ACT RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT, AN INDEPENDENT SPECIAL DISTRICT IN COLLIER COUNTY An Act relating to the Collier County Water-Sewer District, an independent Special District in Collier County, which was re-created by Chapter 88-499, Laws of Florida; consolidating into this Act and repealing all such prior special acts, as required by Section 189.429, Florida Statutes; affirming legislative intent, jurisdiction, and restrictions with regard to the City of Naples, Everglades City, the Immokalee Water and Sewer District, the City of Marco Island, the geographic area called Golden Gate, and other specified unincorl~rated areas of Collier County; providing definitions; affirming authority with regard to adoption of rates, fees, and charges; issuance of bonds, trust funds and trustees; affirming provisions regarding covenants of District Board with bondholders; affirming that unpaid fees constitute liens; continuing provisiort, s for publication of notice of issuance of bonds and that bonds shall have~ the qualities of negotiable instruments; continuing provisions for rights of holders and providing for annual reports of the District Board; continuing provisions for District Bonds as securities for public bodies; continuing provisions for contracts for construction of improvements and sealed bids, and special assessments; continuing prohibition against free water and free sewer service; continuing provisions regarding impact fees; continuing provisions regarding conveyances of property without consideration; continuing provisions for district approval of construction of water and sewage facilities; continuing provisions for construction of law; continuing provisions for penalties and enforcement; providing for the repeal of Chapters 73- OCT 2 437, 78-489, 88-499, 89-452 and 96-451, Laws of Florida, all relating to the Collier County Water-Sewer District; providing for the repeal of Chapters 74-462, 77-531, 78-492, 80-484 and 82-280, Laws of Florida, all relating to the defunct Pelican Bay Improvement District; and providing an effective date, it was requested that the following Items from the Florida Association of Counties (FAC) Legislative Policy agenda also be Included for consideration as part of the Collier County legislative agenda. The FAC policy statements are as follows: Issue #8 ARTICLE V I REVISION 7 Support the implementation of Article V by the constitutionally mandated deadline of July 1, 2004 in the manner expressed and intended by the framers of Revision 7, the Florida Constitutional Revision Commission. Support revising the definitions of county responsibilities to be consistent with the provisions of the Constitution for the State of Florida. Issues to be addressed include the definition of facilities, security, communication services, existing radio systems, and existing multi-agency criminal justice information systems. REQUESTED ACTION: Support the implementation of Article V / Revision 7. Issue #9 AN ACT RELATING TO ANIMAL CONTROL Legislative relief is still needed to make essential controlled drugs available to animal shelters. These agencies are already permitted by the Drug Enforcement Administration to possess Schedule II and III controlled substances, but are prohibited from possessing some essential drugs by current statute. The act would allow the Board of Veterinary Medicine to establish, by rule, the legend drugs deemed essential for euthanasia and chemical immobilization and for which agencies can be permitted by the Board of Pharmacy. The act would also standardize required training for humane officers and animal control officers. The act would revise appeal procedures for dangerous dogs as a result of lessons learned from court cases. This legislation is supported by the Boards of Pharmacy and Veterinary Medicine, FACA, FVMA, and HSUSERO. REQUESTED ACTION: Support legislation allowing animal shelters to possess Schedule II and Schedule III controlled substances for the purpose of immobilization and euthanasia, as well as standardized training for animal control officers. OCT 222002 Issue #10 CROSS REPORTING OF FAMILY VIOLENCE FACA continues to oppose this legislation. Since animal control officers are already required to report, we see no reason for this additional requirement, which includes criminal penalties for failure to report and an unspecified amount of mandatory training. More importantly it puts our officers into a high-risk situations as demonstrated by the high number of injuries incurred by law enforcement officers investigating family violence. Animal control officers do not have sufficient training, interaction with the family, nor contact time to detect anything more than obvious abuse or neglect situations. The family violence reporting system is already overloaded with reports with almost half of them being unfounded; assigning this responsibility to animal control officers would likely further overload the system. FACA supports the reporting of abuse and neglect of people or animals as required by existing laws and common sense. FACA feels that additional statutory reporting requirements are unnecessary, counterproductive, and represent an unfunded mandate. REQUESTED ACTION: Oppose legislation placing additional requirements on animal control officers to report family violence. (POSITION RECOMMENDED BY FACA) Issue #11 MEDICAID MANDATE Oppose legislation increasing the county share for nursing home and inpatient hospital costs, and support legislation that reduces inpatient hospital costs by limiting county responsibility to only the 13~h - 45~h day of hospital coverage. Moreover, support legislation requiring the Agency for Health Care Administration (AHCA) to reimburse counties the amount of mandated county contributions when AHCA recovers Medicaid costs from liable third parties. Support legislation that allows counties to re-direct their Medicaid match to fund local health care services or community-based care programs for the elderly. Finally, support legislation recognizing the disproportionate impacts at..the county level due to Medicaid caseloads and a county's limited revenue capacny. OCT 22 201~ Issue #12 INFRASTRUCTURE FUNDING Support legislation providing for additional state and local revenue sources to specifically address public infrastructure needs. To that end, Support legislation that provides for greater flexibility to local governments by removing impediments to implementing local revenue sources, minimizing use restrictions, eliminating state mandates, and enhancing county authority to pledge revenues for bonding. Oppose legislation that would adversely impact the capacity of counties to fund local infrastructure needs ~r services, particularly countywide facilities and programs, through local option taxes or state-shared revenues. Oppose legislative efforts to diminish or eliminate county home rule authority to impose impact fees. ~. OCT 222( EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH COLLIER LAND DEVELOPMENT, INC. FOR ROAD IMPACT CREDITS AND FUTURE CASH REIMBURSEMENT SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement [DCA] and a Memorandum of Understanding with Collier Land Development, Inc. for road impact fee credits and cash reimbursement for advanced construction in the estimated amount of $3,382,293.00 for the Realignment of Rattlesnake Hammock Road and Stormwater Improvements to the Lely Canal. CONSIDERATION: Collier Land Development, Inc. owns approximately 2,416 acres of real property located in unincorporated Collier County, Florida, which is the site of CDC Planned Unit Development (PUD). Collier Land Development will construct a Realignment Project consisting of a roadway; providing traffic management and drainage improvements to realign Rattlesnake Hammock Road, widen Thomasson Drive and build an intersection at US 41 and Rattlesnake Hammock Road. This will include the extension of Rattlesnake Hammock Road onto Collier Land Development land south of the existing intersection of US 41 and Thomasson Drive along with the connection of Xeric Lane from the existing Thomasson to the realigned roadway. There will be drainage and storm water improvements pertaining to the Lely Canal, the Lely-Manor Canal, the By-Pass canal and the Fern Street Relief System. This project will implement an element of the Collier County 2025 Long Range Transportation Plan by providing this connection specifically included in the 2025 Needs Assessment. Collier Development Corporation [CDC] will provide a $1,159,432 cash payment to the impact fee trust fund account prior to October 30, 2002 and will construct, by paying for the cost in advance, the Realignment Project. In exchange, CDC will possess vested rights to develop 1766 residential units upon the prepayment of road impact fees for 1766 units calculated at the current rate. In exchange for the donation of right of way, the advanced construction of the Project, a cash payment and ~he posting of a cash bond, construction bond or other guaranty acceptable to the County for the construction of the Realignment Project, the County will issue a Certificate of Adequate Public Facilities for Roads. The County has calculated the total amount of the cost of Road Impact Fees for building permits for the 1766 residential units as delineated by CDC/Developer as follows: a. 589 Single-Family Units ~ $2,433.00 per unit for a total fee of $1,433.037.00; b. 589 Multi-Family Units @ $1800.00 per unit for a total fee of $1,060,200.00; c. 588 Condo-Townhouse Units @ $1512.00 per unit for a total fee of $889,056.00. These figures amount to the costs of a total of 1766 Residential Units, as delineated above, for a total prepayment of Road Impact Fees in the amount of $3,382,293.00 for a OCT Certificate of Adequate Public Facilities for Roads. The completion of the Project shall be deemed a partial prepayment of road impact fees and the developer shall be vested in these units for a minimum of five (5) years. If the total Road Impact Fees needed for the 1766 Residential Units of the development exceed the cost of the Project, CDC/Developer shall be responsible for paying the difference in costs for fees in effect at the time the permits are applied for or issued. Payment of impact fees to obtain a building permit will be calculated at the impact fee rate in effect when the building permit is pulled. The impact fee credits will not be available for use until the roadway is completed and preliminary accepted by Collier County. As part of this agreement, CDC is required to complete construction of this facility and have it open to the public by May of 2004. FISCAL IMPACT: The developer contribution agreement shall establish a road impact fee credit in the amount of $2,222,861 for this road impact fee district. The amount of the credit is equal to the construction cost for all roadway construction minus the percentage of site related costs. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the developer contribution agreement with conditions. Prepared by: la~qu~i~n~ H~tb'b ~rd~t~ ol~in s ~) n, ~jlsistant County Attorney Reviewed and Approved by: Norman Feder, Transportation Administrator Date: G:\Transpor~afion planning~Exe~:lltiv¢ Summaries~Collier Land Development.doc 2 OCT 2 EXHIBIT "B-6" MEMORANDUM OF UNDERSTANDING: STORMWATER MANAGEMENT CONSIDERATIONS FOR COMPANION DEVELOPER CONTRIBUTION AGREEMENT WHEREAS, CDCfDeveloper and Collier County agree that within Two Hundred and Seventy [270] days of the execution of the Developer Contribution Agreement containing this Memorandum of Understanding, the parties shall enter into a Companion Agreement pertaining solely to the Lely Project and setting forth the terms as outlined below: 1. Section [8] of the CDC PUD Ordinance No. 86-77 in Section 5.06 shall be amended to read as follows: A. The Developer shall cooperate with the County Stormwater Management Department and the Big Cypress Basin Board in implementing improvements to the Lely Canal and Lely-Manor Canal as outlined in the County's Lely Area Stormwater Improvement Project (LAS~). In addition, construction of the Avalon School Outfall Canal and relief to the Fern Street drainage system shall be incorporated into the Developer's project. Specifically, the Developer, in cooperation with the County shall be responsible for the design, permitting and construction of the following primary water management facilities and shall be reimbursed for the costs in excess of its fair share of the construction cost. Canal and Outfall Waterway improvements on: A. Lely Canal B. Lely-Manor Canal Western Outfall* Bo 2. Developer agrees to construct at 100% Developer cost: A. Avalon School Outfall Canal B. Fern Street Relief System In addition, the Developer shall agree, as a cooperative endeavor, to design, permit and construct, according to reasonable County specifications, combined salt-water barrier/water level control outfall spreader structure/lakes near the downstream end of the Lely Canal and the western outfall of the Lely-Manor Canal. Upon completion and acceptance by the County, the Developer shall, by an appropriate agreement, be reimbursed for the actual cost of constructing the salt water barrier/ water level control outfall spreader structures/lakes exclusive of any engineering/inspection costs or costs associated with any proposed canal road crossing that may be an extension of the salt water barrier/water level control outfall spreader structures/lakes. OCT 2 2G 2 1 Co Do Eo Ho Collier County shall reimburse CDC/Developer for all costs and expenses incurred by CDC/Developer for the design, permitting and construction of Lely Canal and Lely Manor Canal Western Ouffall reduced by the proportionate share of the CDC PUD's share of those cost and expenses. The Companion Agreement shall determine the basis of the reimbursement. Phasing of the construction of the proposed improvements to the Lely Canal and the Lely-Manor Western Outfall Canal stormwater management facilities shall be coordinated with the various drainage systems. It is anticipated that construction will be completed one [1] year after final permitting is obtained for the amended CDC PUD. No certificates of occupancy shall be authorized, except in the PDA area, until all associated improvements to the Lely Canal or the Lely-Manor Western Outfall Canal (whichever is appropriate) have been constructed by the Developer and approved by the County. The Developer shall provide the County with appropriate easements associated with the above-described proposed Lely Canal and Lely-Manor Western Outfall Canal stormwater management facilities, including the salt water barrier/water level control outfall spreader structures/lakes, in order for the County to properly operate and maintain said facilities. The easements shall provide the County with appropriate access to maintain those easements. The County will reimburse Developer for the easements that shall be provided within three [3] years of either the Developer's construction of the Lely Canal and Lely-Manor Western Outfall Canal stormwater management facilities, including the salt-water barrier/water level control outfall spreader structures/lakes, the platting of the property, or the County's written request for the easement dedications. Valuation shall be based upon an appraisal as set forth in the Land Development Code. The parties shall determine the date of valuation within the Companion Agreement. As the above considerations relate to the LASIP improvements within the boundaries of the CDC, it shall be understood to relate to those improvements deemed appropriate by the approved permits issued by SFWMD and the USCOE. In the event of a dispute, the County's Altemative Dispute Resolution Procedures shall be utilized. The County's share of the costs of construction of the Lely Project shall be reimbursed to CDC/Developer within sixty [60] days of completion of the construction. *Cooperative effort with County, Lely Estates, Inc. and Texas Industries Corp. or assigns. OCT 2 2 2002 H ,2 AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: JAMES N. COLETTA, Chairman AS TO COLLIER LAND DEVELOPMENT: WITNESSES: Print Name: Signature Print Name: By: Title: Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this. day of ,2000, by , on behalf of , a(n) Corporation/Company. On behalf of the corporation and limited liability company. He/She is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name:. (Type or Print) Approved as to form and legal sufficiency: My Commission Expires: Jacqueline Hubbard Robinson Assistant County Attorney JHR/Collier Development/Memorandum of Understanding OCT 2C 2 02 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS No.2002- -TR-Collier Development Corporation THIS CONTRIBUTION AGREEMENT is made and entered into this of , 2002, by and between COIJJlqR LAND DEVELOPMENT, INC., a Horida corporation (hereinafter referred to as "Developer"), COIJ.IRR DEVELOPMENT CORPORATION, a Florida corporation (hereinafter referred to as "CDC"), which, along with their successors and assigns, may be jointly referred to as "CDC/Developer by and through who has been duly authorized to execute this Contribution Agreement for Road Ir~act fee Credits on behalf of CDC and Developer and THE BOARD OF COUNTY COMMISS~O~RS OF CO[JIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COt J.IE.R COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements and land donations to the County's transportation network and storm water system; and WHEREAS, CDC and its successors and assigns own approximately 2,416 acres of real property located in unincorporated Collier County, Florida, which is the site of CDC Planned Unit Development (PUD), which is also known as CDC Development of Regional Impact (DRI)/Development Order (DO), both of which were approved by County on November i0, 1986; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in the CDC DRI Development Order 86-2 and PUD Ordinance 86-77 in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WttEREAS, There are roadway, traffic management, and drainage improvements (hereinafter referred to as the "Realignment Project") to align the Rattlesnake Hammock Road/Thomasson Drive/U.S. 41 intersections, including the extension of Rattlesnake Hammock Road onto CDC's land south of the intersection of U.S. 41 and Thomasson Drive; and WHERF~S, there are drainage and storm water improvements pertaining to the Lely Canal, the Lely-Manor Canal, the By-Pass Canal, that were initially agreed upon by CDC in the CDC DRI Development Order 86-2 and PUD Ordinance 86-77 that need to be implemented by CDC/Developer; and WHEREAS, Developer owns approximately 72 acres of land south of Thomasson Drive at its intersection with U.S. 41 on which the Project will be located, which 72 acres is located within the approximately 83 acre site that is the subject of a Preliminary Developmen[ Agreement ("PDA") entered into by and between CDC and the State Department of Community OCT 2 2002 ] Affairs (hereinafter "DCA"), effective January 7, 2002, as amended and all of said land is part of the larger 2,416 acre development project [Exhibit "A"] owned by CDC, and its successors and assigns, known as CDC DRI/PLrD; and WHEREAS, the Project will implement an element of the Collier County 2025 Long- Range Transportation Plan Update prepared by Wilson Miller by significantly improving an intersection realignment specifically included in the 2025 Needs Assessment; and WHEREAS, The Collier County Consolidated Impact Fee Ordinance provides for impact fee credits for road right of way that has been identified in the Needs Plan; and WHEREAS, County approved CDC DRI/PUD by adopting DRI Development Order 86-2 and PUD Ordinance 86-77 on November 10, 1986, which authorized development of residential, retail, office, recreational and other uses within CDC DRI/PUD, including land located in the southwest quadrant of the intersection of Thomasson Drive and U.S. 41 and the aforementioned drainage and storm water improvements; and WHEREAS, the CDC PUD approval contained in Collier County Ordinance 86-77 required CDC/Developer to make certain dedications of land and non-exclusive easements to County for road right-of-way and storm water improvements and on which portions of both the Lely Project and the Realignment Project will be constructed by CDC/Developer; WHEREAS, a Composite Exhibit "B" is attached to this Agreement consisting of the following items: (1) a sketch depicting the Donated Land for the Realignment Project, including land over which a non-exclusive drainage and maintenance easement is to be granted to County: including the legal description of land for Phase 1 of Rattlesnake Hammock Road extension and a legal description of land for Phase 2 of Rattlesnake Hammock Road extension; (2) a sketch and a legal description of the land for Xeric Lane; (3) a sketch and_a legal description of 0.8.4 acre temporary non-exclusive drainage easement shown on the sketch of the Land donated for the Realignment Project; and (4) a sketch and a_legal description of 12.9.2 acre temporary non- exclusive drainage easement shown on the sketch of the land dedicated f?r the Realignment Project; (5) a sketch of the property to be de,dicated to the County for the.~Lely Project (6) a Memorandum of Understanding of the County s requirements for CDC/Dexieloper regarding the Lely Project. ,~ WHEREAS, CDC/Developer indicated it would be r~sponsible for the design, permitting and construction of certain roadway, drainage and storm water improvements previously mentioned herein and as set forth Collier County Ordinance 86-77; and WHEREAS, Collier County approved the CDC PUD and DRI/DO on November 10, 1986 and whereas CDC/Developer is making dedications of land specified in Composite Exhibit "B" as set forth in PUD Ordinance 86-77 and DRI/DO Ordinance 86-2 and CDC/Developer acknowledges that pursuant to said PUD and DRI/DO approval CDC/Developer was not to receive Road Impact Fee Credits (hereinafter "RIFC") for the on-site value of donated land and roadway construction costs described in Composite Exhibit "B" for the Realignment Project; but was to be given a credit for certain portions of the storm water and drainage improvements in the Lely Project in excess of its fair share; and .r,', ~i5 002 2 WHEREAS, CDC and the DCA entered into a Preliminary Development Agreement, ["PDA"] which became effective in 2002 and anticipated that CDC would file an ADA for the revised CDC DRI/DO; and WHEREAS, CDC/Developer and County acknowledge and agree that the PDA required CDC/Developer, by October 4, 2002 to prepare an apphcation for development approval ("ADA"), including a revised Project master plan for CDC DRI, which constituted a "substantial deviation" to be reviewed by County pursuant to the procedures and requirements for DRIs contained in Section 380.06, Florida Statutes, and said substantial deviation ADA would include all proposed development within CDC PUD/DRI, including the 'approximately 83 acres of land subject to the PDA effective January 7, 2002, as amended, on which the Project is located; and WHEREAS, County and CDC/Developer acknowledge and agree that the required substantial deviation ADA, and application to County for a revised PUD master plan and PUD document for CDC PUD/DRI, would require CDC/Developer to submit a new transportation analysis and report addressing the Project's traffic impacts on the roadway system, and; WHEREAS, CDC/Developer acknowledges that pursuant to correspondence sent to the Southwest Florida Regional Planning Council dated August 14, 2002, CDC/Developer intends to abandon the CDC DRIfDO issued in 1986 and pursue a new and revised PUD; and WHEREAS, County is of the opinion that pursuant to the PDA, CDC/Developer _was to obtain approval from the Florida Department of Community Affairs (hereinafter "DCA") for permission to delete the requirement from the PDA for an ADA by October 4, 2002 in order to submit and prepare an application for a new and revised CDC PUD for County approval, including a revised Project master plan, which will be reviewed by County pursuant to the procedures and requirements for a PUD as contained in County's Land Development Code and said application for PUD will include all proposed development identified within the 1986 CDC PUD, including the approximately 83 acres of land subject to the PDA, as amended, on which the Project is located; and WHEREAS, CDC/Developer has recently applied for an amendment to the 1986 PUD, requesting a deletion of acreage donated to a party other than Collier County and said application is pending; and WHEREAS, County and CDC/Developer acknowledge and agree that the application to County for a revised PUD master plan and PUD document of CDC PUD, will require CDC/Developer to submit a new transportation analysis and report addressing the Project's traffic impacts on the roadway system and also storm water improvements previously identified in the Memorandum attached; and WHEREAS, County and CDC/Developer further agree that the future CDC PUD issued by County shall recognize prior contributions and dedications made by CDC/Developer; and WHEREAS, the County and CDC/Developer agree and acknowledge that the CDC/Developer's satisfactory completion of the Realignment Project, guaral~e.~t 2b~ ~nd, including any or all portions thereof, shall entitle CDC/Developer or its assigns, to a sum equal to the costs advanced by CDC/Developer and the cash reimbursements will be used to prepay anticipated building permits in the itemized amounts for each eligible completed portion of construction stated in Composite Exhibit "B"; and WlqFREAS, county and CDC/Developer shall enter into a Companion Agreement setting forth the terms and reimbursement methodology for the Lely Project as set forth in the Memorandum of Understanding attached hereto by the County in Composite Exhibit "B"; and WHEREAS, the County finds the plan of dedication in fee for the Donated or Conveyed Land described in Composite Exhibit "B" is in conformity with contemplated improvements and additions to the transportation network as described in the Collier County Long-Range Transportation Plan and to the storm water management plan of the County; and WHEREAS, the parties to this Agreement acknowledge and agree that the failure of this Agreement to address any term, condition, or restriction of any pertinent environmental permit shall not relieve CDC, Developer, or their successors or assigns, of their obligations to meet the terms, conditions, or restrictions of such environmental permit, nor shall this Agreement in any way affect the necessity of CDC, Developer, and their assigns, complying with any law, ordinance, rule, or regulation governing permitting requirements, conditions, terms, or restrictions related thereto; and WHEREAS, the parties to this Agreement acknowledge and agree that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's Lely Project and the Realignment Project will be based upon professional opinions of the total Projects' estimated probable costs certified by a professional architect or engineer; and WHEREAS, the parties acknowledge and agree that the off-site to on-site ratio for the Realignment of Rattlesnake Hammock Road and its intersection with U.S. 41 are as set forth within the professional engineer's estimate of probable costs, attached hereto in Exhibit "C"; and WHER.EAS, the parties acknowledge that the County has a new Consolidated Impact Fee Ordinance, as amended, adopted by the Collier County Board of County Commissioners in 2001 that repealed in its entirety any prior Impact Fee Ordinance and that this Developer Contribution Agreement shall be construed pursuant to its terms; and WHEREAS, Collier County is willing to reimburse CDC/Developer for Seventy-Five Percent [75%] the cost of construction of the Thommason Drive roadway portion of the Realignment Project as a reimbursement for advanced construction costs outside of the Collier County Five Year Capital Improvement Plan upon final completion of the Realignment Project; and OCT 2 ? 4 WHEREAS, The eartiest the County would have advanced the design is the year 2010 and the earliest the County would have advanced the construction if the year 2012; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20%) per cent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator, through approval of this agreement, has recommended to the Board of County Commissioners that the proposed plan for donation and contribution is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to donate and contribute certain land and off-site improvements as described herein and in Composite Exhibit "B", "C" and "D" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the construction standards and procedures of the County and shall be first approved by the County's Transportation Division; and WHEREAS, CDC/Developer acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject contributions or shall post a bond therefore and thereafter execute any and all documentation necessary to convey the contribution or land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and tO 5 The proposed time schedule for completion of the Proposed Plan is consistent with although not included in the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, Developer agrees and acknowledges that it proceeded to install and construct portions of the subject contribution prior to advising the County Attorney in writing as required, that Developer had all funds necessary to complete the contribution available and under its control or had posted a bond sufficient to cover any anticipated costs, but does now do so; and WHEREAS, this Contribution Agreement shall not be construed or, characterized as a development agreement under the Florida Local Government Development Agreement Act. W ITNE S SETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above "Whereas" recitals are true and correct and shall be incorporated herein. 1. In exchange for the contributions of construction identified and contemplated in this Contribution Agreement as set forth in Composite Exhibit "B," Developer shall be entitled to a cash reimbursement as more particularly described herein. 2. The amount of cash reimbursement or impact fee credits from road impact fees shall be determined according to the following standards of valuation: a. The County's position is that the value of any donated land pertaining to the Lely Project shall be based upon a current appraisal of fair market value at the time of the zoning change, [1986], prepared by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. The Developers position is that the valuation of the land should be based on the date of the dedication to the County and is willing to concede Agricultural zoning. b. In the case of contributions of consta'uction or installation of improvements in the Project, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C". iC~~ c. A narrative description of the contributions which are the subject of this Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Realignment Project, prepared by a professional architect or engineer, are attached hereto as composite and Exhibit "C," which is incorporated herein by reference. 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be p~d for by the County and shall not be considered or included in the value of any Developer's con~bution unless agreed to by the County. 4. The advanced cash payment or acceptable performance bond or guarantee by developer for Construction ¢ontri,,butions to the Realignment Project identified herein as described in Composite Exhibit' "B' shall entitle CDC/Developer to a Certificate of Adequate Public Facihties for Roads for up to 1766 residential units. 5. Road Impact Fee Credits shall be given for the off-site portion of the land dedication in the Realignment Project reduced by the entire amount of road impact fees due on the first building permit issued thereon and each successive building permit until the CDC Development is either completed or impact fee credits are exhausted or otherwise no longer available. It shall be CDC/Developer's obligation to notify the County that a credit is available, each time a building permit is applied for in the CDC Development. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the Collier County road impact fee construction lands and as set forth in the area described in exhibit "A". 6. No road impact fee credits for the construction portion of the contribution shall become available until the completion of the roadways identified herein and after completion, the right of ways thereto have been conveyed to Collier County by warranty deed in fee simple title free of all liens and encumbrances. 7. If more than one developer or parcel is to benefit from the impact fee credits or cash reimbursement under this Agreement, the owner thereof shall assign and describe the proportion or dollar amount of the total credits available to each parcel. This shall also be reflected in the appropriate Ledgers. In such circumstance, the credits and cash available to each parcel shall be reduced by the entire amount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respective parcel is completely developed or the respective credit or cash amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or cash under this Agreement, each parcel shall be treated in a manner proportionate to the total credits or cash available to it as indicated in Exhibit "B." and on the appropriate Ledger. 8. The impact fee credits and cash reimbursement available under this Developer Contribution Agreement may be used to evidence payment of road impact fees, provided such use will not cause an undue or unreasonable burden upon the resources of the road impac~t fee area[s] subject to the credits. 9. CDC/Developer's share of the estimated costs of construction, as certified by a Professional Engineer, of the roadway portions subject to this agreement are attached hereto as Exhibit "C" and are as follows: a. Thommason Drive: Seventy-Five Percent [75%] of Two Million, One Hundred-Forty-Six Thousand, Seven Hundred-Sixty-Five Dollars and Ninety-Six Cents [$2,146,765.96] or One Million, Six-Hundred-Ten Thousand, Seventy-Four Dollars and Forty Cents [$1,610,074.40]; b. Xeric Lane: Fifty Percent [50%] of One Hundred-Seventy-Seven Thousand, Eight Hundred-Sixty-Seven Dollars and Fifty-Three Cents [$177,867.53] or Eighty-Eight Thousand, Nine Hundred-Thirty-Three Dollars and Seventy Cents [$88,933.70]; c. Retention/Outfall: Thirty-Four point Five Percent [34.5%] One Hundred Seventy One Thousand Thirty One Dollars [171,031.00]; or One Hundred Twenty Three Thousand Nine Hundred Ninety Seven Dollars [123,997.00]; and d. DOT - US 41 Improvements: at Seventy Five Percent [75%] of Three Hundred Seventy-Nine Thousand, Five Hundred Twelve Dollars [$379,512] or Two Hundred Eighty-Four Thousand, Six Hundred Thirty-Four Dollars [$284,634]; and e. Engineering/Surveying and Permitting: Seventy Two and One Half Percent [72.5%] of Two Hundred Seventy Thousand Dollars [$270,000] or One Hundred Ninety Five Thousand, Seven Hundred Fifty Dollars [$195,750]; and 10. CDC/Developer will possess vested rights to develop 1766 residential units in the area of Exhibit "A" upon the prepayment of road impact fees for 1766 units calculated at the current rate. In exchange for the donation of right of way, the advanced construction of the Project, a cash payment and the posting of a cash bond, construction bond or other guaranty acceptable to the County for the construction of the Realignment Project, the County will issue a Certificate of Adequate Public Facilities for Roads. The County has calculated the total amount of the cost of Road Impact Fees for building permits for the 1766 residential units as delineated by CDC/Developer as follows: a. 589 Single-Family Units @ $2,433.00 per unit for a total fee of ~,1,433.037.00; b. 589 Multi-Family Units @ $1800.00 per unit for a total fee of $.11,060,200.00; c. 588 Condo-Townhouse Units @ $1512.00 per unit for a total fee of $889,056.00. These figures amount to the costs of a total of 1766 Residential Units, as delineated above, for a total prepayment, of Road Impact Fees in th~ amount of $3,382,293.00 for a Certificate of Adequate Public Facilities for Roads. The completion of the Project shall be deemed a partial prepayment of road impact fees and the developer shall be vested in these units for a minimum of five (5) years. If the total Road Impact Fees needed for the 1766 Residential Units of the development exceed the cost of the Project, CDC/Developer shall be responsible for paying the difference in costs for fees in effect at the time the permits are applied for or issued. 11. The calculation of the amounts set forth in Paragraph Eleven [ 11] above, utilized an estimated mix of unit types and sizes for the total of 1766 Residential Units and is binding upon the County for construction pursuant to Section 3.15.7.3 of the Collier County Land Development Code, as amended, under a Certificate of Adequate Public Facility. These provisions are not binding on CDC/Developer for the actual type of residential units ultimately constructed The provisions of this Paragraph and Paragraph Eleven [ 11 ] above are subject to any amendment, [approved subsequent to this DCA], by the County of the CDC PUD. 12. Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution, nor shall this Developer Contribution Agreement be effective unless Developer's legal counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Developer Contribution Agreement as required herein, that Developer has all funds necessary to complete the contribution available and under its control and has secured an appropriate performance bond for the amount of the contribution. 13. CDC/Developer shall have the ability to transfer impact fee credits issued pursuant to this agreement from one development to another development owned by the developer within the same impact fee area for the same type of public facility impact fee. No such assignment or transfer of impact fee credits shall be allowed until the original development, as defined herein, has been completed. 14. Upon CDC/Developer's completion of construction of the contribution of roadway improvements identified above and the acceptance of these improvements by the County, estimated to cost, Two Million Two Hundred Twenty Two Thousand Eight Hundred Sixty One Dollars [$2,222,861.00], these costs shall constitute a partial prepayment of road impact fees for purposes of vesting the 1766 residential units in the 1986 PUD area of development located in Collier County as described in Exhibit "A". The additional cost of prepayment of road impact fees shall be made in cash. 15. Upon approval by the Collier County Board of County Commissioners of this Developer Contribution Agreement, CDC/Developer shall pay, in cash, the difference between the estimated cost of construction of the roadways identified herein and the current cost of building permits for 1766 residential units or One Million One Hundred Fifty Nine Thousand Four Hundred Thirty Two Dollars [$1,159,432.00]. This sum shall be paid immediately, but in any event, no later than October 30, 2002. Both parties agree that the cash payment herein described shall be immediately placed into the appropriate Impact Fee Trust Account and that the Impact Fee Escrow Account shall not be utilized in this transaction. 16. CDC/Developer shall be permitted to utilize the cash payment in the trust fund for building permits, payable at the rate in effect at the time of the issuance of the permits. Until this sum has been exhausted. The available funds shall be evidenced by a Ledger attached hereto as Exhibit "D". 17. CDC/Developer agrees that CDC/Developer shall endeavor to complete the construction of the roadways identified herein by the end of December 2003, and in any event, the construction shall be completed no later than May 2004. No Certificates of Occupancy shall be issued until the construction of the roadways are, in the opinion of the County, complete, accepted by the County and Open to the public. The parties agree that CDC/Developer will construct the Development in phases to be determined by the amended PUD. If the phases are acceptable to the Transportation Administrator County for the purpose of extending the Certificate of Adequate Public Facilities for roads [COA], the Transportation Administrato/: will OCT 2 ';v~ 9 not oppose the Collier County Board of County Commissioners' extension of the COA. The agreement to an extension shall not be unreasonably withheld. 18. CDC/Developer shall, within 180 days from the effective date of this agreement, enter into a companion agreement with the County to ensure equitable payment or credit to CDC/Developer so that CDC/Developer pays for its fair share of the costs of the storm water and drainage improvements to the Lely Project area improvements. The 180 day period may be extended in writing by the County at its discretion. 19. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 20. The duration or availability of impact fee credits or cash_pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date the County acknowledges completion of the approved contribution or from the actual date of dedication, but in no event shall the duration exceed seven [7] years, exclusive of any controlling moratoria, from the date of recording in the official records. 21. In the event the amount of Developer's land dedicated to the County exceeds the total amount of impact fees imposed or used on the subject Collier County portion of the Development, CDC/Developer shall be entitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from road impact fees collected pursuant to the then current Impact Fee Ordinance. 22. Developer shall keep or provide for retention of adequate records and supporting documentation that impact fee cash payments concern or reflect total Project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 23. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 24. CDC/Developer shall convey to the County, via recorded warranty deed free and clear of all liens and encumbrances, the dedicated land legally described in Exhibit "B", except Lely Project Land within thirty (30) days of the completion of the Realignment Project. 25. CDC/Developer shall expeditiously carry out the Rattlesnake Hammock Realignment Project and the Lely Project. CDC/Developer shall complete the construction and all improvements in the Lely Project pursuant to the Companion Agreement referenced herein. 26. The parties shall agree to a completion schedule for the Lely Project and Developer shall notify the County of any changes in the completion schedule and the reasons for any delay in meeting the date specified for completion of construction of the Lely Project. As set forth in the Companion Agreement referenced herein. 27. Upon County's approval of the plat of CDC/Developer's land for the Realignment Project described in Exhibit "B", CDC shall record the plat in the public records of Collier County, Florida, and will assume the costs associated with such recordation. 28. Two County Road Impact Fee Credit Ledgers are attached to this Agreement as Exhibit "D" and Exhibit "E". County shall record this Agreement in the public records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners, and shall provide CDC/Developer with a certified copy of this Agreement, including all exhibits attached hereto such that CDC/Developer's certified copies of Exhibit "D" and Exhibit "E", attached to this Agreement, shall serve as the Ledgers to document CDC/Developer's balance of Road Impact Fee Credits or cash. 29. County agrees that upon CDC/Developer's completion of the Realignment Project in accordance with this Agreement, CDC/Developer shall be granted impact fee credits for the land dedication and be deemed to have complied with and satisfied County's transportation concurrency management system and transportation impact rmtigation requirements for the construction of 1766 residential dwelling units uses based upon a calculation equal to the amount of the applicable impact fees that would be deemed paid based upon the impact fee schedule in effect at the time of the execution of this Agreement and the value allotted to the off-site portion of the land dedication in the Realignment Project. 30. In the event that County's road impact fees are increased after this Agreement becomes' effective, or if CDC/Developer's RIFC granted pursuant to this Agreement are not sufficient to offset the amount of road impact fees payable by CDC/Developer to County for CDC PUD Development, CDC shall pay any additional road impact fee amounts that remain due or payable under the Consolidated Impact Fee Ordinance, as it may be amended, for the CDC PUD Development. 31. CDC/Developer will convey to the County in fee any land owned by CDC/Developer required for drainage/retention improvements required for the Realignment Project and the Lely Project based on County approved locations selected by CDC/Developer and CDC/Developer shall convey such lands in fee to County on the final plat of CDC/Developer's land containing the Projects unless the County requests conveyance by warranty deed. 32. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 0CT 2220o2 11 33. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 34. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 35. CDC/Developer certifies, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 36. CDC/Developer certifies, by virtue of entering into this agreement, that CDC/Developer are the sole owners of the road impact construction lands. An attorney's opinion of title and a statement of CDC/Developer's authority to enter into this agreement are provided by Developer and are attached hereto as Composite Exhibit "F." 37. The parties acknowledge that the land conveyance made pursuant to this agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 38. The Developer certifies, by virtue of entering into this agreement, that the off-site improvements contributed, if any, are an integral part of and a necessary accommodation to the County's transportation network. 39. The off-site improvements, if any, exclude access improvements except for the street lighting at the intersection of U.S. 41 and Thommason Drive. 40. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 41. CDC/Developer has provided an attorney's opinion identifying any lienholders having a lien or encumbrance on the donated land or other contribution or provided a certificate of no liens. Said opinion is attached hereto as Exhibit "F." 42. CDC/Developer has provided, in Exhibit "F", an attorney's opinion setting forth the legal authority and validity of any business entity utilized in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 42. The parties acknowledge that the donations and contributions are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 43. The failure of the contribution agreement to address any pertinent condition, term or restriction of any regulatory permit shall not relieve either the applicant or owner, or their successors of the necessity of complying with any law, ordinance, rule or regulation governing any permit requirements, conditions, terms or restrictions. I ~; OCT '! ~ ~,~.. 12 44. This agreement shall be modified or revoked as is necessary to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of the agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 45. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator, at the location that was subject to the credit has been completed. Su, ch reimbursement shall be made over a period of five (5) years from the completion of the develppment. 46. The road impact fee credits granted for the Project shall only be for donations or contributions made tk~' the transportation network to accommodate growth and which were made within the respective load impact fee district where the road impact construction is located. 47. This contribution agreement shall not be construed as a development agreement under the Florida Local Government Development Agreement Act. 48. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "G" attached hereto and incorporated herein by reference or level one [1] Environmental Audit by certified environmental engineer. t 13 EXHIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Description of CDC Development in its entirety Exhibit "B" - - Composite Exhibit "B" 1) Sketch of donated land for Project in area of PDA 2) Legal description and sketch of Xeric Lane. 3) Legal description and sketch for temporary 0.84 acre, temporary easement for drainage in area of PDA. 4) Legal description and sketch of 12.92 drainage area in the PDA 5) Conceptual sketch and preliminary description of land to be included in dedicated Lely Project. 6) Memorandum of County regarding drainage requirements for Lely Project. Exhibit "C" - - Engineer's Estimate of Probable Costs Exhibit "D" - - Ledger for Road Impact Credits for Cash Exhibit "E" - - Ledger for Construction Contribution Exhibit "F" Composite Exhibit "F" 1) Attorney's Opinion of Authority of Signatories to Developer Contribution Agreement. 2) Attorney's Opinion of Title ,i/ Exhibit "G" - -Risk Management Guidelines or'~evel one [ 1] Environmental Audit by certified environmental 6~?gineer. OCT AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COI.!.IER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: AS TO COl J.n~-R LAND DEVELOPMENT: WITNESSES: Print Name: Signature Print Name: Signature By: By: Title: JAMES N. COI.ETrTA, Chairman STATE OF FLORIDA COUNTY OF COl J.I'ER The foregoing instrument was acknowledged before me this day of ,2000, by , on behalf of , a(n) Corporation/Company. On behalf of the corporation and limited liability company. He/She is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) Approved as to form and legal sufficiency: NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Jacqueline Hubbard Robinson Assistant County Attorney }HR/Standard Developer Agreement 15 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, OCTOBER 22, 2002, AT TIME CERTAIN - NOON, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement proposal/litigation expense issues of the pending litigation case of Aquaport v. Collier County, Case No. 2:01.CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK. CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) AGEN[~A ~M NO. I_.~,1. OCT 2 2 200? EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO OUTSIDE COUNSEL, TED TRIPP, ESQ. AND THE OFFICE OF THE COUNTY ATTORNEY AS TO ANY SETTLEMENT PROPOSAL/LITIGATION EXPENSE ISSUES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FOLLOWING THE MEDIATION OF OCTOBER 19, 2002. OBJECTIVE: For the Board of County Commissioners to provide direction to outside counsel, Ted Tripp, Esq. and the Office of the County Attorney as to any settlement proposal/litigation expense issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FFM- 29DNF, now pending in the United States District' Court for the Middle District of Florida, following the mediation of October 19, 2002. CONSIDERATIONS: Mediation in the case of Aquaport v. Collier County, Case No. 2:01- CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida, is scheduled for October 19, 2002. Outside counsel for the County in the lawsuit, Ted Tripp, Esq. and the Office of the County Attorney, require Board direction as to any settlement proposal/litigation expense issues that may arise as a result of this mediation. FISCAL IMPACT: It is unknown what the fiscal impact, if any, might be at this time. GROWTH .MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners provide direction to outside counsel Ted Tripp, Esq. and the Office of the County Attorney, as to any settlement proposal/litigation expense issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FFM- 29DNF, now pending in the United States District Court for the Middle District of Florida, following the mediation of October 19, 2002. PREPARED BY: Michael W. Pettit, Assistant County Attorney DATE: APPROVED BY: David C. We~'g~,-Count~Xttorney DATE: AGENDA. J.]'E~ OCT 2 2 2OO2 EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3192, JOSEPH C. DELFINO, SECOND VICE-PRESIDENT OF THE NAPLES ITALIAN AMERICAN CLUB, REQUSESTING PERMIT TO CONDUCT A CARNIVAL FROM OCTOBER 31, 2002 THROUGH NOVEMBER 3, 2002, ON THE NAPLES ITALIAN AMERICAN CLUB PROPERTY LOCATED AT 7035 AIRPORT ROAD NORTH. OBJECTIVE: The Naples Italian American Club, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from October 31, 2002 through November 3, 2002, on the Naples Italian American Club property located at 7035 Airport Road North. CONSIDERATIONS: The Naples Italian American Club has made application to the Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than their request to waive the surety bond. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of processing and required inspections. However, waiver of the Surety Bond may have a Fiscal Impact on the County if the applicant fails to restore the site back to the original condition. This event has been an annual event for some years and the applicant has no history of failing to meet this requirement GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the Naples Italian-American Club annual carmval. PREPARED BY: /SUSAN MURRAY, AICP ' CURRENT PLANNING MANAGER ~.~IXI~VIEWED BY: //. ] MARC;~T wt~gS3~, ~CP PLANNI/~ SERVICES DIRECTOR DATE DATE L /0 DAT~E JINISTRATO OPMENT AND ENVIRONMENTAL SVCS. Camy-02-AR-3192 Naples Italian American Club 1 OCT 2 2 2002 Naples Italian American Club October 3, 2002 Renald Morani President Anthony Abbate Ist V~ce President Joseph C. Delfino 2nd V~ce President Nancy Gruppuso Treasurer Margaret Maurer Corres. Secretary Helen Young Recording Secretary Directors Thomas Carlo ~ Edith Coleman Raymond LeCatta Dr. Charles Lomanto Salvatore Spedale Walter Petrilla Cecilia Martin, Planning Technician Collier County Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Italian Carnival & Festa, October 31 thru November 3 Dear Ms Martin, The Naples Italian American Club is sponsoring an Italian Carnival & Festa t~om October 31 thru November 3, 2002. The hours of operation will be: Thursday Oct. 31 6pm to 1 Opm Friday Nov. 1 6pm top 1 lpm Saturday Nov. 2 Noon to 1 lpm Sunday Nov. 3 Noon to 9pm The activities to be conducted are adult & kiddie rides, such as the ferris wheel, carousel, whip, simple game booths, food sales, beer and wine sales. I am requesting waiver of the surety bond in the penal sum of $2500, since the event will be held on our property, with parking on the adjacent property. The Naples Italian American Club will be respons~le for clean up and maintenance of both properties. If there are any questions please contact me at 353-1842 Sincerely, Joseph C. Delfino, Second Vice President 7035 Airport Road North, iN3 Box 7~.,~ Naples, FL 34107-0801 Phone 239-597-5 AC.~.~.~D A ITEM OCT 2 2 2002 aples Italian American Club Renald Morani President Anthony Abbate Ist Vice President Joseph C. I)elfino 2nd Vice President Nancy Gruppuso Treasurer Margaret Mauter Cortes. Secretary Helen Young Recording Secretary Directors Thomas Carlo Edith Coleman Raymond LeCatta Dr. Charles Lomanto Salvatore Spedale Walter Petrilla October 3, 2002 Cecilia Martin Collier County Community Development & Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms Martin, Please be advised that regarding the planned Italian Carnival & Festa to be held October 31 thru November 3, the Sam ?ino Amusement Co., Inc. will be provid- ing the amusements and food for the event. The owners of the company, with their social security numbers are: Samuel Pino. Jr 010-42-9551 Rita Pino 020-52-7251 If you need additional information, please contact Mr. Pino at 781-929-4849. Sincerely, Second Vice President 7035 Airport Road North, PO Box 77081 Naples, FL 34107-0801 OCT 2 2 2002 Phone 239-597-5210, Fax 239-596-3815 CARNIVAL OPERATION PETITION Tm~, FOLLOWING INFORMATION IS INCLUDED IN THIS PEII'I'ION. (FOR EXPL,4NA TION, SEE NEXT PAGE.) 3.a. ~ 3.e.1) / 3.e.4). 3.b. 3.e.2) v/ 3.e.5), 3.c. 3.e.3) ~ 3.e.6), 3.d. r,/ Comments: Cd~ ¢~,~- SI~fTI~ OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: [] Disapproved: [] Conditions of Approval: SIGNATURE OF COUNTY ADMINISTI OCT 2 2 2002 Pg, ¢ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENWIRONMENTAL SERVICES DIVISION 10/4/2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 ATT: JOSEPH C. DELFINO SECOND VICE-PRESIDENT NAPLES ITALIAN AMERICAN CLUB 7035 AIRPORT ROAD NORTH NAPLES, FLORIDA 34107-0801 RE: Petition No. CARNY-AR-3192, Project # 2001040081 ITALIAN AMERICAN CLUB Dear Applicant: Please be advised that the above-referenced petition has been scheduled for the October 22, 2002, meeting of the Board of County. Commissioners (BCC). The BCC meeting begins at 9:00 A.M. The meeting will be held in the Board of County Commissioners Meeting Room, 3~d Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. Should you have any questions about your petition, please contact the assigned planner noted below at 403-2400. Sincerely, CECILIA MARTIN PLANNING TECHNICIAN cc: File OCT 2 2 2002 Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt t Trans Number Date l~ost Date / Payment Slip Nbr ~62406 10/4/2002 8:48:33 AM 11~002 I AR 3192 Appl Name: NAPLES ITALIAN AMERICAN CLUB Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: JOSEPH C. DELFINO 7035 AIRPOi~,T RD. NORTH NAPLES FL 34107-0801 Proj Name: ITALIAN AMERICAN CLUB Type: OFF TAZ: 56 Subdiv Nbr: 100 Project Nbr: 2001040081 Payor · NAPLES ITALIAN A~ERICAN CLUB Fee Information Fee Code [ Description ' GL Account 11CIRC i FAiR & CIRCUS PERMITS ! 11313890034122000000 Total Amount i Waived $275.001 $275.00 ~ Payment Code 'CHECK i Account/Check Number [ 7193 Payments Amount, $275.00 ' $0.00 Total Cash ~ Total Non-Cash ~ $275.00 i Total Paid r $275.00: Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G AC..~.NDA I ~1~ I OCT 2 2 2002 Collier County Board of County Commissioners CD-P/us for Windows 95/NT Printed:10/4/2002 8:49:01 AM NAPLES ITALIAN-AMERICAN CLUB, INC. Location: 7035 Airport Road North Mailing Address: P.O. Box 770801 Naples, FL 34107-0801 Phone: 941597-5210 Fax: 596-3815 Renald Morani President Joseph C. Delfino 1st V~ce President Rose Parapiglia 2nd Vice President Nancy Gruppuso Treasurer Helen Young Recording Secretary Anne Marie Mariano £~rrespondin# ,¥ecretar)' Directors Edith Coleman Raymond LeCatta Joan Lisa ¥,'alter Petriila Sarah Pino Greg Russo Naples Italian American Club Renald Morani President Anthony Abbate Ist Vice President Joseph C. Delfino 2nd Vice President Nancy Gruppuso Treasurer Margaret Mauter Corres. Secretary Helen Young Recording Secretary Directors Thomas Carlo Edith Coleman Raymond LeCatta Dr. Charles Lomanto Saivatore Spedale Walter Petrilla September 24, 2002 Don Hunter, Sheriff Collier County Sheriff's Office 3301 Tamiami Trail East, Bldg J Naples, FL 34112 Dear Sheriff Hunter, Enclosed is our signed agreement for a special detail at the Carnival that we will sponsor on the following dates: _ ' October 31, 2002 November 1, 2002 November 2, 2002 November 3, 2002 6 to 10 pm 6 to 11 pm Noon to 11 pm Noon to 9 pm We will require 2 certified deputies at our property for the hours noted above. If there are questions regarding our request, please call me at 353- 1842. Sincerely, 2nd Vice President OCT 2 2 2002 7035 Airport Road North, PO Box 77081 Naples, FL 34107-0801 Phone 239-597-5210, Fax 239-596-3815 COLLIER COUNTY SHERIFF'S OIrPICE LAW ENFORCEME~I' SPECIAL DETAIL AGREEMENT THIS AGREEMENT, entered into this 20th day of ~ 2002, by and between lhe Collier County Sheriff's Office, DON HUNTER, SHERIFF of Collier County, Naples, Florida, heremafler referred to as "CCSO" and Naples Ito. lian American Club, hereinafter referred to as "CONTRAC~R", both of whom shall be referred to as the "PARTIES". WITNESSETH: wm~REA8, the CONTRACTOR desires to obtain special Law Enforc~nent Services at: Naples Italian American Club 7035 N. Ai _r~ort Road. Navies. FL 34109 for the purpose of (~flg~'t~/M.. 4- ~oa) ~c~' in Collier County, Florida: X~-IF-REAS, the CCSO has agreed to render to the CONTRACTOR professional law enforcement service, and the CONTRACTOR is desirous of contracting for such sen'ices upon the terms and conditions hereinafter set forth. WHEREAS, the CONTRACTOR is desirous of providing La',',' Enforeemem services through a contractuaI relationship with the CCSO. WHI~R~A~ the Sheriff hereby agrees to provide such security and law enforcement as provided herein. NOW, THEREFORE, in consideration of the sums hereinafter set forth and for other good and 'valuable considerations, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: ]. For the p'arpose above, the Sheriff shall provide to the Contractor ~ Certified Deputies at the place captioned above, between the hours of and Such law en£orcement Deputies shall perform normal law emCorcement duties to provide for the health and security of persons in the immediam area of the above-captioned event or location(s). At all times pertinent to this contract, the law enforcement Deputies shall be assigned by and remain under the control of the Ofiice of the Sheriffof Collier County, Don Hunter, Sheriff. Ownership and maint~ce of equipment used in Special Details are the responsibility of the Collier County Sheriff's Office. Equipment assigned to a Depuly for use in the regular performance of duties shall be used during this Special Detail All equipment remains the responsibility of the assigned Deputy and the ownership reraaim with the Collier County Sheriff's Office. ^c, ecA rrr OCT 22 2002 The contractor shall pay ns indicated under "Financial Arrangements" to the Office of the Sheriff of Collier County the actual cost to the CCSO of the Deputy's time and one-half hourly rate (overtime), two (2) hour minimum, including all applicable CCSO expenses such as FICA and worker's compensation coverage cornmelzsurme with the current pay plan schedule. Thc minimum total, based on now available reformation i~ $21.90, subjec~ to final acco~6ng. The ~-~tima~c m~imum total, based on now available information, is $~O._.Q~., subject to final accounting. The balance remaining, if any, shall be invoiced to the Contractor upon a final time and mileage accounting being completed by the Sheriff's Office and shall be paid by the Contraclor within five (5) days oI' receipt of the invoice. FINANCIAL ARRANGEMENTS: ~ Full Payment in Advance [-'l 50% Deposit Required [] No Deposi~ Required/Total Due Upon billing The Contractor h~reby agrees to ind~ani~' thc Sheriff agams~ any and all claims against the Sheriff or the Office of thc Sheriff' of Collier County arising out of the use of the ceni.fied law enforcen~n't deputies from whatever source or cause, excepting only the negligence of the Sheriff' or his Deputies. Thc parties agree that the services provided for herein are not a guarantee of the health and safety of the patrons attending the above-captioned event, but is the provision of regular law enforcement services commonly supplied by the Office of thc Sheriff to the citizens of Collier County according to policies established by the Sheriff. The parties agree thal in the event o£ an off-site emergency requiring the services elsewhere of the law enforcemem Deputies provided herein, that the Sheriff may be required to remove the Deputies to meet any such emergency, without penalW, and such removal shall not be deemed a breach of this Agreement Law eafo~nt Deputies provided according to the tetnns hereof ahall be paid according to the regular payroll procedures of the Office of the Sheriff, and no funds shall be transferred from the Contractor to any law OCT 2 2 2002 lCD enforcement Deputy, but such funds shall I~ paid directly to the Office of the ShedffofCollier County. IN ~;VITNESS WHEREOF, the PARTIES heretn execute this instrument on their behalf, at the dates set forth below: COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER, Sheriff of Collier County Date Approved as to form and legal sufficiency subject to execution by thc PART[ES: CONTRACTOR: Noples Italian American Club BY: Typed Name 7035 Airport Pulling Road., Naples, FL 34109 Street Address City/State/ZiP Code 239-353 1842 (Area Code) Telephone Number 239-353 1842 (Area Code) FAX Number Date (Area Code) Cellular Phone Number OCT 2 2 2002 Renald Morani President Anthony Abbate 1st Vice President Joseph C. Delflno 2nd Vice President Nancy G ruppuso Treasurer Margaret Mauter Corres. Secretary Helen Young Recording Secretary Directors Thomas Carlo Edith Coleman Raymond LeCatta Or. Charles Lomanto Salvatore Spedale Walter Petriila Naples Italian American Club September 26, 2002 Memorandum To: Lt. Karen Strickl~d FAX 793-9168 Collier County Sheriff's Office Fro~: Joe De Ref. Our agreement of Sept. 24th re: Carnival Per our discussion today, we agree to the assignment of 2 extra deputies for the evenings of Friday, Nov. 1 st and Saturday November 2nd. Unless you hear otherwise fi.om me, I will be the contact for the event. 7035 Airport Road North, PO Box 77081 Naple~, FL 34107-0801 OCT 2 2 2002 Phone 239-597-5210, Fax 239-596-3815 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. every proiect. Items in bold .type are required. Not all items will apply to 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Street address or addresses (as applicable, 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) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) [~ SDP (Site Development Plan) [--] SDPA (SDP Amendment) ~] SDPI (SDP Insubstantial Change) [~ SIP (Site Improvement Plan) ~] SIPA (SIP Amendment) [-'-] SNR (Street Name Change) [-'-] Vegetation/Exotic (Veg. Removal Permits) [--] Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [--] PPL (Plans & Plat Review) [--] PSP (Preliminary Subdivision Plat) [] FP (Final Plat) [~ LLA (Lot Line Adjustment) [---}BL (Blasting Permit) [--] ROW (Right-of-Way Permit) [---]EXP (Excavation Permit) [-'] VRSFP (Veg. Removal & Site Fill Permit) ~ Other - Describe: (~t~O~t6~.~rj~ L ~,~, ~c.~ 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: [--] Checklist is to be Faxed Back ['-] Personally Picked Up 12. Applicant Name .3<>~_ ~", L'~t:t_.~:,~O 13. Signature on Addressing Check~-ist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number~_~) /~ Address Number Address Number Address Number Revised 3-21-01 Approved by--~f r Z FLORIDA 2002 Preliminary Tax Roll Sales History · (Subject to change) · . ....................... ii $ 400,000.00 ] ', _ . ,~ Book ~Page r- --:- - .:"- uu J __ ' U~,Te ~__(=) Taxable Value ,. SOH = "Save Our Homes exempt va,ue due to cap on assessment increases. The InformMk~ is U~ Wm~ly. L OCT 2 2 2002 ~trrt~.OatZAXIO~ · ' s~er 22, 2oo2 Ag Trtm~ I hold titl~ to o~rtaln rind ~ mt Ah3x~ Road. Naples Florida wh~b Daniel D. P~:k, Trustee OCT 2 2 2002 ~d ~dI~:~:~ ~ t,O '%°0 : 'ON >¢d~ BO_C: WOS= ............ ,~ ., vr-" ¥, -t't'' °'''''' rltrp:!/v,'w'w.colllerappral$cr.com/ FLOI~IDA · I L~I~I] 2~_~.?. 26 COMM AT SE CNR OF SEC .! /i=,N2OEGW. 1708.10FT, S I[ Strap ~ ACREAGE ~!. 133 [;~ 13.667 2002 Preliminary 'lax Roll (SubJe~'t to change) I ~d v,,., _ I~, ~,oo,ooo.oo 0') ~p,ov,~ v.,~, . I=-___: $ o.°°- 17. (-} M,a.rke, Vsloe ,--~i $ 400,000.00' SOH = "Save Our Homes" exempt value due to cap on assessment increases. Sales History ?:~o/'¢8~l ~,2.-~_.. The Informat~o~ is UlUlated Weekty. Ai~.NDA ITEM OCT 2 2 2002 I of I 09/19/2002 3:33 PM l AC~E];I)A I~ ~,~',~,, ~ . ~~:~: ............. ~ ........................... Pal ~ ".,Q,/e ? ~ · Thi~ Cer~L ... --,~ ALLIED 8PECIALW IN'3URAN(~, ~, AGENDA JTEI~ OCT 2 2 2002 Ed Wc~£:ET E~l~E S0 '%00 : 'ON XUJ AC.I~.N~A ITEM OCT 22 2002 pMM~ ('J~)J$3-~M3 ST~4TF~FJP: Fl~rM~ S1e~4 ~ sdVtM pst unit OCT 2 2 2002 ~r-r-~'O-d_UU~' ~tlt U~,UO i~.l'l ~rl~lE I'I.~fl~HL~F-rll:L~II J"J=d'~ .hlU, /~UOq~bOq4J J~, JJ MANAGEMENT OF GOtJ. IER GOUN-*rY 4~M) ID[OHANGE AVE. NAPLES, FI. J4t~4 i4~-us ~ - (la~) lie. MM WMCollien~wm.com ACCOUNT * NA,M~ CONTACT ~ S£RVICE · SERVICE AGREEMENT NON HAZAROOUS WASI~_$ CUS~C~R ^ccou.r NO. 050-1479486 E~:Ecr,v~ O^TE · 10/01 ~2002 N4TIONAL ACCOUNT ? ' N~ STATUS CO0~ ' NAPLES ITALIAN AMERICAN CLUB SAI 1ANCIA 7035 AIRPORT. RN N c~ =,~, ' NAPLES. FL 34108 E-MAlL ~,- (2.39) 597-5210_,~,' _(239) 596-3815 BILGING NAME ~LLIMG NAPLES ITALIAN AMERICAN CLUB_. _8_AL LANCIA J~O BOX 770~1 NAPLES, FL 341~7 __ {239) 597-5210 ,~,'~239) 596-381_5 EQUIPMFNT/SERVICE SPECIFICATIONS 1 *J 6FL ' 2 X per w~ ' ~.~._ ? ..... ~-,.1~ ~ ....... ~ .... s.,.l~ ~,.~-- ''j ' 316,22 ,~-,,. ,,,,,-.,~ ..... ~ 0.00 '~"' ~'-~ · : ' 0.00 0 ' O ' j ~._. t,,~ ..w,~ .... - .... "~-~"h. ~ ,~ C,~GE ~ ~.'Q~¢HL' FEE~ 0.OD ~LD'~';T'L' ~=25 0.00 "C~ C~"~ 316.22, ~'~"~,. 0.__00 N W 0 L D SP~Ct~. i~TRUCTIONS PLS DELIVER 6YD AS SOON AS YOU (~AN - IS OPENING FOR TUESDAY 10/01/02 - THANKS DEPO$!T AMOUNT ' NA DEPO$:T TYPE ' Reference # CHECK NO. ' NA pO/JO~ NO. SlCCO~' 5812 TERM DISPOSAL SI'T~ TAX EXEMPT TAX iD ~ I-1 ~ePeCl AL EVENT [] OTHER D THE UNDER~GNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHAU; OF CU~ITOMER ACKNOWLEDGE~ THAT HE/SHE HAS READ AN~ UNDERSTANDS THE TE]qMS AND CONDITIOHI5 OF THIS AGREEMENT, AND THAT HF..tSHE MAS THE AIJTHORITY TO SIGN ON BEHALF OF CUSTOMER. TERMS: ~ 10 DAYS CUSTOMER (I:~T~ ! SCHEDULE OF CHARGES ~har~e I~'r MOnte, --.. $ .... 2 ¥c 19,,52 4 YL: 39.02 ~ ¥~ 58.52 SYD 78.03 Corr pactor Extr~ Po.-u~ O~s~ per ~on'~ Other De~vetY Cqarg~ $ __ 'Con'.~mmawd L(.k30& $32.90 ~er TOn __ 316.22 SALES' A~A ~ OCT 2 2 2002 Name of event Address of event NOTIFICATION FORM FOR TEMPORARY EVENTS Zoo 3,. . Hours of operation Date(s) of event [ b(:St -- ti15 Sponsor of event {,.['.~[_~ Person in charge of food service Phone _~'i~' - ~1- ~ [ ~ c~ Number of food and beverage booths Estimated number of attenders expected at the event at one time? z.S'o Number of toilets to be provided: Portable: Male ( [c~ ) Permanent: Male ( ) Method of toilet waste disposal: Female Female Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of handwashing: Describe fadlitles and 'method of utensil washing, dnsing and sanitizing: Source of potable water. A(~=NDA ITEM OCT 2 2 2002 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' f may subject the booths to be closed for public health reason. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. ~>i~nat~re of sponsor's a~lent Date: OCT 2 2 200~ Name of Booth:. ~ Person in Charge of Booth: Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation:. How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~,x_) c_t.~o S~"'D_ Of/i-r-) Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this?. For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES 71 so © I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ~~/~ Date: t"~ ~ °~ - °'~'~ CARNIVAL PETITION APPLICATION/ INDIVIDU~4L BOOTH NOTIFICATION FORM FOR TEMPOR..4RY EVENTS OCT 2221 iNDiViDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Evem: ~ - - ,, .... J, · Name of Booth:_ . _ ' fl -- ~ , ~ th ~., .~.at~ ,J-~JO-C~:~~r~d''/' ~ Person in Charge of Boo : . " ' - Types of Food or Beverage to be Served: ~ Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. Ail food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation:. ~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: F t~ {--- e~ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~~JT"- Adequate facilities and supplies shall be provided for employee handwashing. Flow will you provide this?_ /~-_T/f~n~..~ /~'/~'''C-'~O /~'~._/L.t~"~--'~ ./~-7-- Cf"O"~.~'L'x_o?,~-' For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 222002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES ~] _~ NO [-'] I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business svill be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Oate: /O ~ c~3-°~'~ CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPOP, AR Y EVENTS OCT 2 2 2002 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event:_ Name of Booth: 9t/&-af~"~ Person in Cnarge of Booth: ~ ?{/D'D ~0~~ ~' Types of Food or Beverage to be Served: ~~ ~ ~ ~ Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: t~-~- ~'fTgr' How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~'~'-bJ 7'" ~ //'.A t3 Adequate facilities and supplies sh~all be provided for employee handwashing. How will you .. thiso ~g)77./er~ea.////~/?'E/ft.~-;~ fJ~--l(--17~&-lg' /A-q- ~dgSrO0~ ~'- prowoe · ~ . / For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 2 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this co~ NO I-1 I certify that to the best of my knowledge and belief ali of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. / of Appli~,~nt CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPOI~4R Y EVENTS OCT 2 Name of Booth: ~'~'~'~ Person in Charge of Booth: _~t}~ )~c ~l) Types of Food or Beverage to be Served:. ~lorida Administrativ~e. Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, prepS, ration and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: l~:?P--~ g-~~ Method of cooking food at the location: I~ O c._~ ~-t DC,-- Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~'~.~ c_~o ~ ~A ~ .t- ~: O'T~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 2 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? Yss I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative C~ ~~ Date: fo"O~-6'x'" CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS OCT 2002 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: _ Name of Booth: {~.~ c._A-~..3 Person in Charge of Booth: S~l,~ ~Oq~ /~-~g.~-14g,o~' ~_~-, Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. Ali food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: ~-'t" Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How ,,~iil you provide this protection? Describe type of structure: c~'O~" ? [f~ ~'~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 2 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES D, E3 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: /O --o3 -o CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENt'S OCT 2 2 2002 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS NameofEvent: ~-~~ ~ ~" ~ Name of Booth:_ Person in Charge of Booth: ~t~ Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. Ail food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: ~,~'t" ~-~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: ~-~-~ ~T'b 0 ~" Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~t~"~tl'_J__.~ ~' ~ x,]',A- ~ Adequate facilities and supplies shall be provided for employee handwashing. How will you pr0videthis? ~g~'t'~i-~,~,~,~ ~' ~<.Ct'r. ak-C~ ~'p~.tc~'U~--'~ bT- c_x.o~ {~oo.g.¢~~'' For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2~ AGENDA OCT 2 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? ?3 I certify that to the best of my knowledge and belief ali of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: CAILNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS OCT 2 2 2002 O INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Name of Booth: ~'~'-~-~ Person in Charge of Booth:. Types of Food or Beverage to be Served: Florida Administratj.ve Code, Chapter 10D-13 requires all food to come from an approved source. ! All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: "C'~T' co6'~TL~O~ ~'- ~-~ t ~.-,~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ~I:~TCK~o~.[~vrr-g-c~ ~'~IC.tc.~['/~"S IO<-'1- For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-249 AGENOA ITEM I OCT 2 2 2002 P~. Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? so I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFIC,4 TION FORM FOR TEMPOR.,4RY EVENTS OCT 2 2 2002 Name of Booth: Person in Charge Types of Food or Beverage to be Served:- Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: ~'U ~ ~'~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~ E. Co ~ ~' ~ x/A~ I~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this?. For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 2 2 2002 .. Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? NO [3 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Cod~pter 10D-I~ CARNIVAL PETITION APPLICATION/ INDIVIDU/IL BOOTH NOTIFIC/I TION FORM FOR TEMPOR.4R Y EVENTS OCT 2 2 2002 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: ~ ~ ~-~ Name of Booth: ~I~4~-V-I ~5, ~' Person in Charge of Booth: ~ PllOD Types of Food or Beverage to be Served: ES-f40 t e.. Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How svill food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: --~s3'T- C_~ 0~ ~-~ 6- Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ~.o~_*,o~ ~ V-~~ ~Cac.tV~--~ ~ For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCY 2 2 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? po [E I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ~ure of App~cant CARNIVAL PETITION APPLICATION] INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPOP, ARY EVENTS AGE. IT~)A ITEM OCT 2 2 2002 .q-I _ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Name of Booth: Person in Charge of Booth: ~-~ Types of Food or Beverage to be Served: ~"~-~ Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: ~ ~'X'~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: t.-~,-'t'- L, A ~'~ ~ Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this?_ ~'~7.~,o,.~ ~ I~._,'t~E~ 6'"/:~-Ac'IT'I~,~ ~'E' For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 AGENDA ITEM OCT 2 2 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action.' Do you understand this completely? YEs po E3 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS OCT 2 2 2002 _INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Booth: Person in Charge of Booth:_ ~ ~A Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ~ ~_~ ex,,c,~% [ ~-t~0 t~.q-~ ~/J~O t ' Adequate facilities and supplies shall be provided for employee handwashing. How will you providethis? ~fff'6- [ ~.,c'c6~e_.~ ~c..~c. tTt~.~' b,x" c..t.O For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 OCT 222 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Date: CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS A6~.~A ITF. M OCT 2 2 2002 INDIVIDUA~L BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Booth: 8~"t:T/~ ~- /0 t't~L-~n'' Person in Charge of Booth: ]J,~.~OLi~ IT"PA.I,J-tO .~4~'/P-/C~/-9 Types of Food or Beverage to be Served:_ ~Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: /~P~.f-~ ~f~L-'_-~--.A'/~_ 0~-) /-' f('.~' Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-249! OCT 22 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YEs Ck./. so I certify that to the best of my knowledge and belief ali of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: /'O · O ~, - o~"~ CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NO~flFIC/I TION FORM FOR TEMPORARY EVENTS OCT 2 2 2002 Permit No. PERMIT FOR CARNIVAL E~BITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, loseph C. DelFino, Second Vice-President, of the Naples Italian American Club, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a Carnival and WttF_2,EAS, Jospeh C. DetFino, Second Vice-President, of the Naples Italian American Club, has pre~mted to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a Carnival as set forth in Chapter 10, Article ]I, Amusements and Entertainments, of the Collier County Code have been satisfied and that such exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Joseph C. DelFino, Second Vice-President, of the Naples Italian American Club, has requested a waiver of thc Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO the Naples Italian American Club, to conduct a Carnival from October 31, 2002 through November 3, 2002, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereW and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: · Student ' Assistant County Attorney CARNY-02-AR-3192Cld/sp JAMES N. COLETTA, CHAIRMAN OCT 2 2 2002 Folio NoJ;~00~TeS~)0?.:.'iP_r~pertY Adclre..!i 7035 AIRPORT RD N iOwn~: h_'A/~ L__ES IT_ALlAN ..... ~ ~~ AMER~AN CLUB I~ ~ --~  :1701.10FT, N330 FT . J! E6$0FT, S330FT TO POB 6 AC OR ZIp~! 3410~- 1706 Exhibit "A' -- AGENDA ITEM, OCT ~ 2 Z002 EXECUTIVE SUMMARY APPROVE THE COMPROMISE OF A CODE ENFORCEMENT LIEN IMPOSED IN CEB CASE ENTITLED COLLIER COUNTY v. ROLAND SURIN & ZELTA ROBINSON, CEB Case No. 99-067. (Amount is $5,803.) OB,.IECTIVE: That the Board of County Commissioners accept the property owners' offer of $10,000 and approve the compromise of $5,803 of the code enforcement lien imposed against Roland Surin and Zelta Robinson in CEB Case No. 99-067. CONSIDERATION: The CEB entered its initial order on December 2, 1999, finding an illegal accessory structure on the property being used for storage. According to the property owners, this shed existed on the property when they purchased it. The Board's order required compliance within sixteen days (by December 15, 1999). Compliance consisted of obtaining a permit or removing the structure. On March 31, 2000, the property remained in violation and the CEB entered its Order Imposing Fine/Lien at $50 per day commencing on December 16. 1999 and imposing operational costs in the amount of $553.00. The property was brought into compliance on October 17, 2000, amounting to a fine of $15,250, plus operational costs, for a total of $15,803. Although this case was authorized by the CEB for foreclosure in July 2000, no legal action was initiated by the Office of County Attorney due to the fact that the property was already the subject of a foreclosure action instituted by Wells Fargo. In July, 2002, the bank dismissed its action and re-instated the loan. No pay down was required. The property owners are currently trying to refinance their homestead in order to reduce their monthly obligations and maintain both properties and have offered to pay $10,000 of the lien amount. The subject property, which is located at 3321 Guilford Court, is rental property and can be foreclosed upon. The property is assessed at $54,372 (decrease from 2001) and has an estimated fair market value of $75,000. The current mortgage on the property exceeds $61,000 and is a superior lien to the CEB lien. In addition there are outstanding special assessments for sewer and solid waste in the total amount of $ 2,124.09, which liens are also superior. The property would have to be sold for at least $79,000 in order for the County to recover the full extent of its CEB lien, which is $15,803.00. This does not take into account the additional costs to be incurred by the County should it proceed with a foreclosure action as a means of collecting the lien. It is not reasonable to assume this property will be purchased for full value at a forced sale. Rather, it is likely that proceeding with foreclosure will not recover the lien amount or the costs incurred in prosecuting the legal action. Consequently there is a significant risk that the County will not recover more than the $10,000 being offered by the property owners. In lieu of foreclosure the County could wait until it makes more sense to foreclose; however there remains a risk that the County will not recover the full amount of the lien in the future. The property owners have previously defaulted under the terms of their loan. If the property owners ~ cannot refinance and/or find themselves back in default with the bank, the County may! race nC, Cd~, t~..ia~ OCT 2 ? 200 again find itself as a defendant in a foreclosure action with little prospect of recovering anything because of a superior lien holder. In considering this offer, staff has weighed the costs to be incurred by the County in initiating and prosecuting foreclosure of the lien, the likelihood of recovering any of the lien amount, and the costs to the County in the event it does obtain title to the property at foreclosure sale. In light of the foregoing, staff is recommending acceptance of the proposed offer of $10,000 conditioned on receipt of payment within thirty (30) days of the Board's approval, unless otherwise extended for good cause by staff. Staff is also requesting advance authorization for the execution and recordation of a Release of Lien in the event payment is received during the foregoing time period. FISCAL IMPACT: Payment to the County in the total amount of Ten Thousand Dollars ($10,000.00), to be paid in full within 30 days of Board approval and deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. Cost of recording Release of Lien is $6.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve and accept the offer of $10.000 as full and complete satisfaction of the Code Enforcement Board lien in the amount of $15,803 conditioned upon receipt of payment within thirty (30) days (unless otherwise extended by staff for good cause): 9 Authorize staff to prepare a Release of Lien upon receipt of payment in the amount $10,000.00 and present to Chairman for execution: 3. Authorize Chairman to execute the Release of Lien upon submittal by staff; and Authorize staff to record the executed Release of Lien in the Public Records of Collier County releasing all property, real or personal, owned by Roland Surin and Zelta Robinson. SUBMIlTED BY: REVIEWED BY: APPROVED BY: Michelle Edwards Am~)l-~, Director' Code Enforcement Department Date: /t, - 9- aZ. oc'r 2 2 2002 Date: lO - ~ - ~3 2.. Ellen Chadwell, Assistant County Attorney ~ Date: /Jo,~eph Schrnitt, Division Administrator (Gtommunity Development & Environmental Services Division Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2001 Tax Roll Inquiry System O%'NER INFORMATION Name:]ISURIN, ROLAND Adaress:]lzELTA A ROBINSON AOareSS:I[NA~L~, F~ 34112-6232 PROPERTY INFORMATION II4'~s?a°s°°os II ^~:11°a° I la32~ at~Fo~ cT I iUILFORD ACRES BLK A LOT 16 S ssrr Ol~ N ~rr oR l~ ~ 1856-1859 ~t PAY TERMS [ Nov:][l,146.36 ll[rPAYMENT INFO Paid Dt :Ill 1/30/01 Mach:lla0 Paymt:lll'14s~as "~:l17°°s°._._._._.__.~~  Installment:liN II Deferred:liN Ba,~pt::l~ D~:IILlSS'3° J~:lla'~7°'24 Fe~:I)'lS2'~S ~ar:ll~'~V4'n [ Apr:Il0'00 [~*~N COMMENTS on Ad Valorem Amount Included in Gross Tax IIT NON AD VALOREM INFORMATION ype IlAuth # IlAuth Name ][Per II.Amount Ilwater/sewer 1[9006 lisa.va FI 11301.95 ][Garbage ]19013 IIEAST/SOUTH NAPLES SEWER IIGARBAGE IImST I IIn7.2. Last Updated: 9/18/2002 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=47871080005 ITEM OCT 2 2 2002 r~. Vi i biabC, Y. EXECUTIVE SUMMARY To receive an exception to CMA Instruction 5341 Section 17 (b), for the hours applicable for shift differential pay. OBJECTIVE: To provide for shift differential pay for the Code Enforcement Department's Evening shift. CONSIDERATION: During the budget process the County Manager, Jim Mudd, recommended the personnel hired for the Code Enforcement Department's Evening shift receive shift differential pay and that the budget be adjusted to account for that difference in pay. CMA Instruction 5341 Section 17 (b) reads: Employees in non-exempt classifications as specified in the pay plan (excluding the Emergency Services Division) shall receive a $.70 an hour pay differential above their regular hourly rate when their work shift starts at or after 3:00 p.m. and ends on or before midnight ("afternoon shift") and a $1.10 an hour pay differential above their regular hourly rate when their work shift starts at or after midnight and ends on or betbre 8:00 a.m. ("midnight shift"). Employees whose work shift falls within both the afternoon and midnight shift parameters will be paid differential for the actual hours worked in the respective shifts. The calculation was completed and included in the budget as directed however, the Instruction clearly notes that the $.70 an hour pa>' differential above the regular hourly rate may be paid when the work shift starts at or alier 3:00 p.m. and ends on or before midnight ("afternoon shift"). The proposed schedule for the shift of 2:00 p.m. to 10:30 p.m., although inconsistent with the current guidelines, have been identified as the hours of operations that will most effectively afford the staff, the opportunity to address violations within the County. Code Enforcement is now going through the hiring process and will have 4 Investigators, 1 Supervisor and I Customer Service Specialist working the proposed schedule of 2:00 p.m. to 10:30 p.m. In order to apply the shift differential pay we must obtain approval from the Board to vary from the work hours noted in CMA Instruction 5341 Section 17 (b). FISCAL IMPACT: The shift differential pay was included in the salary calculations for the expanded positions requested. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners authorize shift differential pay for the Code Enforcement Evening shift for work hours other than specified in CMA Instruction 5341 Section 17 (b). - OCT 2 2 20O2 Pi[._ ~ SUBMITTED BY: ~~' ~---------~~ Date: Miehelle Edwards Arnold Code Enforcement Director APPROVED BY: / Jo~6eph K. Sclffnitt / C_/o~unity Development & {~/ Environmental Service Division Administrator OCT 2 2 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 053 styled Board of County Commissioners Collier County, Florida vs. Chad Dutton regarding violation to Ordinance No. 91-102, Section 3.9.3 as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-053 styled Board of County Commissioners Collier County, Florida vs. Chad Dutton. CONSIDERATION: On September 27, 2001 a public hearing was heard before the Code Enforcement Board regarding violations to Ordiances No. 91-102, Section 3.9.3 as amended, of the Collier Count)' Land Development Code. An Order Imposing Costs/Lien in the amount of Five Hundred Seven Dollars and Thirty Two ($507.32) for the prosecution, fines and operational costs incurred in this case was recorded in Official Record Book 2902 pages 1891 through 1895, Collier County Florida and subsequently in Official Records Book 2902 pages 2367 through 2372, Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 19, 2002 indicating compliance with the Order of the Board. On August 28, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. OCT 2 2 2002 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~~ Date: REVIEWED BY: SUBMITTED BY: APPROVED BY: Shanelle Hilton ~_./~." .... " ~ /~o~----,---'" Date: Jangt Powers, Operations Manager I '/ M)chelle Arnold, Code.,zflnforcement Director ,,:( , .? /' / / J/~seph K. Sc~'itt. Administrator OCT 2 2 2002 This instrument prepared by: Janet Powers. Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Five Hundred Seven Dollars and Thirty Two Cents ($507.32), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated September 27, 2001, recorded in O.R. Book 2902, Pages 1891, et. seq., of the Public Records of ~Uollier County, Florida, against the following described real property, and all other real an~l personal property, located in Collier County, which is owned by Chad Dutton has been satisfied in full. The Eastli50 Feet of Tract No. 83, Golden Gate Estates, Unit 16, According to the Plat thereof as recorded in Plat Book 7, Pages 3 and 4, in the Public Records of Collier County, Florida Folio No. 37396081007 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Chad Dutton, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form ~~___.~~And egal sufficient' Ellen T. Chadwell Assistant County Attorney A C-~=NI:)A .LTE. Iv~ , 2O02 2866120 OR: 2902 ?G: 1291 10/0%/2001 ~t u~:~,~ ~WIGH? ~. BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 2~,50 6,00 1.00 BOARD OF cOUNTY COMMISSIONERS COI.I.IER cOUNTY, FLORIDA, Petitioners, CASE NO. CEB 2001-053 DUTTON, CtlAD, Respondent ORDER IMPOSING COSTS/I.IEN THIS CAUSE came on for public hearing before the Board on September 27, 2001, after due notice to Respondent. The Respondent was not present at the hearing. At the public hearing on June 28, 2001, the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of La',',' and thereupon issued its oral Order which `.vas reduced to writing on Jul.',' 10. 2001 and furnished to Respondent. (attached as Exhibit "A") Said Order required Respondent to take certain corrective action to correct the violations by a time certain as more specifically set forth in this Order. .*n Altidavit of Compliance, bearing the date of September 12, 2001, has been filed with thc Board by the Code Enforcement Official. which Affida`.qt certified under oath that tt~e required corrective action has been taken as ordered.. Accordingly, it l'mving been brought to the Board's attention that Respondent has complied with the Order entered on July 10, 2001, it is hereb,v OCT 2 2 2002 ; OR: 2902 PG: 1892 ORDERED, th'at the Respondent pay to Collier County a fine in the amount of five hundred and seven dollars and thirty-two cents ($507.32) for the operational costs incurred in the prosecution of this case. TI'tis Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against any real property owned by Respondents. DONE AND ORDERED THIS _ c:~O~day of L'~~. 2001, in Collier Count>', Florida. CODE ENFORCEMENT BOARD CO[.LIER COLIN'FY, FLORIDA STATE OF FLORIDA ) SS: Cliff Fle~a~.~hai[:rf~an 2800 Noi-'t(~ l tor~cshoe Drive Naples. Florida 34104 COL~TY OF COLLIER) The foregoing instrument was acknowledged before me this ~_~__Sa.,,' of ~ - .2001, by Cliff Flegal, Chairman ofthe Code Enforcement Board of Collier County, Florida, who is personally knov, n to mc or V/ x,~ho has produced a Florida Drivers' License as identification. NO'FAP, Y PUBI.IC My commission expires: OCT 2 2 2002 pg. I ') OR: 2902 PG: 1893 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Order Imposing Fine/Lien has been furnished by U.S. Mail to Chad Dutton, 2131 14th Avenue N.E., Naples, Florida 34120 this _ ~ day or' ~ ~f~-~, 2001. M. Jean/~?e,.Swson, Esq. Florida Bar No. 750311 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 /941) 263-8206 C c ACi~A ITEM. OCT 2 2 2002 01/17/2051 at 5~:O]~R B¥IGH~ R. BLOCK, CLRRI BOARD OF cOUNTY cOMMISSIONERS, COLLIER cOUNTY, FLORIDA, '" Petitioner, cODE ENFORCEMENT BOARD 0R: 2902 CEB NO. 2001-053 ilc ~!1 15.00 ?G: 189{ )~ VS. DUTTON, CHAD Respondent FINDINGS OF FACT, CONCLUSIONS (SF LAW AND ORDER OF THE BOARD. THIS CAUSE came on for public heating before the Board on June 28, 2001, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings and Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That CHAD DUTTON is owner of record of the subject prope,"E,.'. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that fhe Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located'at 2131 14TM Avenue N.E., Naples, Florida, more particularly described as Folio No. 0000037396081007, the East 150 feet of Tract 83. Golden AGENDA ITEM Gate Estates, Unit No. 16 according to the plat thereof as recorded in Pl'at"Btok pa~ 3 and 4, I:'~'~ OCT 2 2 2002 OR: 2860 PG: 1532 JOR: 2902 PG: 1895/ of the Public Records of Collier County Florida is in violation of Section 3.9.3 of Ordinance No. 91-! 02, as amended, the Collier County Land Development Code, in the following particulars: removal of vegetation without first obtaining all required Collier County permits. CONCLUSIONS OF LAW That Chad Dunon is in violation of Section 3.9.3 of Ordinance No. 91-102, as amended. the Collier County Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County, Ordinance No. 92-80, it is hereby ORDERED: That the Respondent correct the violation of Section 3.9.3 of Ordinance No. 91 - 102, as amended, the Collier County Land Development Code by: 1. Completing Phase II of the already approved mitigation plan within forty-five (45) days (August 12, 2001); 2. That the Respondent pay all operational costs incurred in the prosecution of this case until he comes into compliance. 3. That if the Respondent does not comply wi,th parag,raph 1 of the Order of the Board within 45 days (August 12, 2001), there will be a fine of $50 per day, each day the violation continues past that. date. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created within. Filing on App~! OCT 2 2 2002 c CiD *** OR: 2860 PG: 1533 **~ ~/*** OR: 2902 PG', 1896 *** stay the Board's Order. DONE AND oRDERED this _kC)'~day of July, 2001 at Collier County, Florida. CODE ENFORCEMENT BOARD _, couma 2800 North Horseshoe unve Naples, Florida 34 i 04 sTATE OF FLORIDA ) )SS: coUNTY OF COLLIER) '! ...... ,.-owledoed before me this ~._~ay of ~ . The foregoing instrumem w~ ~,,~ a~,..,, "-~cement Board of Collier County. P Iorlaavwno · ' an otme t..oae ~:nv , · 2001, byJZhff Flegal, C. ha,rm ..... who has produced a Florida Driver s L~cence as :~ , / personally Known to -,~ ~,- ___-- - ~de o~t :'.~ ~ii~'~: l~o.a co. ~" ' My commission exptres CERTIFICA~ OF SERVICE , I HE,BY CERTIFY that a tree ~d co~et copy of this ORDER has been sent by U. S. Mail to Chad Dutton, 2131 14'h Avenue N.E., Naples, Florida 34120 fids _/~. day of July, 2001. ~. ]eOwson, Esq. Florida Bar No. 750311 A~omey for the Code Enforcement Bo~d 400 Fifth Avrnue S., Ste. 300 Naple~, Florida 34 i 02 (941 ) 263-8206 Stat~ of FLORIDk Count/ Of COLLIER ..... ¥ ~t · d~u~ent recocaea ~ COr~C~ ~. 'J ~- - . ' - ~e OFFI~L REqO;~S 6~-c~llter'~unt; -m~.~~ :, ~c. ? State ~f ¥l~lOA ~'"~6~I of a docu~er, t r,cor~ :th* OFFtCIAC :BLCO~S of Col 1 tit Cou~ :'" ~4I~[~5 m~ Band · d~off~t~l seml this e~,. ' '~'mt':~~ " ~,'~,' r" ~! C ' · ,,,.~: ,7 '..'.. "OCT P~. EXECUTIVE SUMMARY, APPROVAL OF THREE (3) IMPACT FEE REFUND REQUESTS TOTALING $10,355.46 DUE TO CANCELLATION OF BUILDING PERMITS ~ To obtain Board of County Commissioners approval of three (3) impact fee refund requests totaling $10,355.46. CONSIDERATIONS..'. Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance (CIFO) does not currently contain provisions for impact fee refunds for common administrative reasons such as cancellations of building permits. Until the CIFO is amended to provide for administrative approval of routine refund requests, staff must submit the requests for Board approval. The Financial Administration and Housing Department, Impact Fee Administration Section is preparing an ordinance amendment to provide for administrative approval of routine refund requests at the division administrator level. This ordinance amendment will be submitted for Board approval in November 2002. Kenmark Construction, Inc. ($3,070.82) - On February 22, 2001, the customer paid impact fees on Permit No. 2001020491 for the property located at 2690 16th Ave SE. This permit was later cancelled. On June 18,2002, impact fees were assessed and paid for the above-mentioned property under Permit No. 2002051236. The developer is now requesting a refund for fees previously paid. Bay Builders of Bonita Springs, Inc. ($4,238.82) - The customer paid impact fees on August 16, 2001 for Permit No. 2001070320. This permit was cancelled on July 22, 2002, and the customer is requesting refunds of monies paid. James E. Hirst ($3,045.82) - Due to the deteriorating health of a family member, the customer has requested that Permit No, 2002023961 be cancelled and impact fees refunded. OCT 2 2 2002 Impact Fees Refunds Page 2 (e FISCAL IMPACT:. The recommended Impact Fee refunds will be transacted as debit ntries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Six (Golden Gate Estates) - Road Impact Fee District One (North Naples) - Community and Regional Parks - Library - Jail - Emergency Medical Services Total: $ 1,825.00 $ 4,671.00 $ 2,462.52 $ 727.00 $ 353.94 $ 316.00 $10,355.46 These refunds will not adversely affect capital project funding. GROWTH MAIq~GEMENT IMPACT: Remittance of the requested Impact Fee refunds will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approve three (3) impact fee refund requests, totaling $10,355.46, and that the Board approve any related budget amendments that may be required. SUBMITTED BY: Date: 13hillip!R~. Tindall.--[mpact Fee Coordinator APPROVED BY: APPROVED BY: ." }~'"~' Date: 1o,/~ ~ /Jsiseph K. Schmitt, Administrator ommun}ty Development and Environmental Services Division L-i:,..~ ~,/,'L~ Date:/'b/'"/"-IL.,, Norman E. l~eder, AICP, Ad~nistrator Tran~o~ation Se~ices Division OCT 2 2 2002 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WHITE LAKE CORPORATE PARK, PHASE TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE A~REEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "White Lake Corporate Park, Phase Two", a subdivision of lands located in Section 35 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "White Lake Corporate Park, Phase Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "White Lake Corporate Park, Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $491,435.08 (esti ted) to be borne by the developer. The cost breakdown is as f~llows: a) Water & Sewer - $164,292.00 b) Drainage, Paving, Grading - $327,143.08 The Security amount, equal to 110% of the project cost, is $540,578.59 OCT 22 2002 Executive Summary Whit Lake Corporate Park, Phase Two 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: $9,612.68 Fees are based on a construction estimate of $491,435.08 and were paid in January, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 700.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 821.46 Drainage, Paving, Grading (.42% const, est.) $1,374.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,464.36 Drainage, - $4,252.86 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are There are no outstanding environmental no historical or archeological impacts EAC REC(H~MENDATION: Approval CCPC RECO~4ENDATION: Approval PLANNING SERVICES STAFF REC~ATION: That the Board of County Commissioners approve the Final Plat of "White Lake Corporate Park, Phase Two" for recording with the following stipulations: Approve the amount of $540,578.59 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. ~ OCT 22 Executive Summary White Lake Corporate Park, Phase Two 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 ~ffice. PREPARED BY: John R. Houldsworth, Engineer Engineering Review REVIE~ ED BY}, ,~ ~O/~-T'ho~%s~ E. K~'ck, P.E. Engineering Review Director, Ceunty Engineer Date Date APPROVED BY:  rater tK~ SDev~e~to~eAntd~niE~tvironmental Services OCT 2 2 2002 O~T 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN AMENDMENT TO CONTRACT 99-2976 (COMMUNITY CHARACTER MASTER PLAN) WITH DOVER, KOHL AND PARTNERS IN THE AMOUNT OF $211,370 FOR THE DEVELOPMENT OF A NAPLES PARK COMMUNITY PLAN OBJECTIVE: To have the Board approve an Amendment to Contract 99-2976, "Community Character Master Plan," with Dover, Kohl and Partners for development of a Naples Park Community Plan and authorize Chairman to sign the Amendment. CONSIDERATIONS: On September 10, 2002, the Board approved Agenda Item 10(d), which directed Staff to execute contract instruments in order to complete the project. The original contract 99-2976 provided for additional services as required using an Amendment format. A Scope of Services was obtained from Dover, Kohl and incorporated into a standard Amendment form. The Amendment was approved by the department and signed by Dover, Kohl and Partners. FISCAL IMPACT: The total fiscal impact associated with this Amendment is $211,370. This fiscal impact was previously approved by the Board under Agenda Item 10(d) at the September 10, 2002, Board meeting. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans for existing commercial and residential areas may be considered by the Board. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment and authorize the Chairman to sign the Amendment. PREPARED BY: ~OMERLIN, PRINCIPAL PLANNER COMPREHENSWE PLANNING SECTION DATE REVIEWED BY: STA~ ~ITSINGER, A~CP ~7 COMPREHENSIVE PLANNING MANAGER ~ IEWED BY: MARGARET(~rUERSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE OCT 2 2 2002 REVIEWED BY: DII~ECTOR OF PURCHASING AND GENERAL SERVICES DATE APPROVED BY: JOSEPI~ K. SCHMITT, ADMIN CQM~ITY DEVELOPMENT AND Eb~!~ONMENTAL SERVICES DIVISION OCT 2 2 2002 EXHIBIT A-1 Contract Amendment # 99-2976 "Consultant Services for CommuniW Character Master Plan" This amendment, dated ,2002 to the referenced agreement shall be by and between the parties to the original Agreement, Dover Kohl and Partners (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 99-2976 "Community Character Master Plan". In accordance with the provisions of Schedule"B", Attachment "B" of the o'riginal Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Supplemental Authorization Exhibit "AI-A" attached to this Amendment and incorporated herein by reference. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services in the amount of two hundred eleven thousand, three hundred seventy dollars ($211,370). Ali other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: CONSULTANT Corporate Secretary/Witness By: Dated: Do~ er Kohl and Pal~tmers Title: Dated ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. ColettaChairman Approved as to form and Legal sufficiency: Robert N. Zachary, Assistant County Attorney OCT 2 2 2002 Attachment A1-A I. Scope of Services. Phase I - Project Organization and Analysis The Project Organization and Analysis Phase will include the review of relevant information and previous studies and plans. It will include a trip to Collier County for interviews, on-site analysis, and initial meetings with the County. Tasks 1.01 Review all Relevant Information The Consultant will review any relevant information that the County deems necessary, which should include: County Comprehensive Plan County Land Development Regulations County Zoning Regulations County Development Guidelines Collier County Communi~' Character Plan Previous studies and plans Other technical memoranda 1.02 Site Visit and Analysis of Physical Conditions (Trip #1) The Consultant will focus on the existing physical conditions of Naples Park. The Consultant will become further familiar with the urban form in the study area including its framework of streets, blocks and lots, building types, building forms and land uses. The analysis will be performed with both the feasibility of optimized redevelopment/preservation and the livability needs of the community, and surrounding neighborhoods in mind. 1.03 1.04 1.05 1.06 Project Kick-off Meeting The Consultant will meet with the County to review data and base map information, discuss project tasks and schedule, and review arrangements for the upcoming workshops. Interviews The Consultant will meet with and interview local officials, Naples Park residents, and stakeholders that the County deems necessary. Interviews are used to gather ideas from these groups and build awareness and support for the upcoming design workshops. Assemble Base Map The County will provide assistance to the Consultant to create the necessary base maps needed for the design workshops. Specific items needed are identified in Section 5.0 below. The Consultant will examine the base information provided and review any preliminary concerns provided by the County. Creating Public Awareness The Consultant will assist with the public relations effort, providing guidance to the County by editing press releases that can be distributed to the media, local associations, merchants associations, civic groups and builders, among others, if County deems appropriate. Consultant will be available to reporters who call as the project gets underway, if so directed by ihe C~lO~..~ OCI 22 2002 1.07 Design the Workshop The Consultant will tailor the community workshop to obtain the best possible plan, best possible community input and resulting work products. The format will incorporate our findings from the initial site analysis, County staff input, previous meetings, and interviews. The Consultant will coordinate the logistics of the workshop with the County. The results of the workshop will guide the creation of the work products identified as part of this planning project. The County will be responsible for the promotional effort for the community workshop. Phase II - Community Workshop (Trip #2) The community workshop, to be held on location in Naples Park, will build consensus and re- establish a vision for Naples Park based on the Collier County Community Character Plan. The workshop will focus on community involvement and the creation of a unified vision for the future of the neighborhood. The Consultant will make recommendations on the physical redevelopment of the neighborhood through a physical plan depicting the goals of the community. The plan will be used to encourage private and public investment in the community. The Consultant will develop a Community Plan scenario of the Naples Park area that will be depicted through the use of charts, maps, and other graphic media. Recommended architectural standards, infill development, and ideas spatially related to pedestrian and bicycle traffic will be examined. Tasks 2.01 Kick-off Event A communiD' kick-off event will be held the evening prior to the Community' Design Session to introduce the design team and mark the official start of the Naples Park Community Workshop. The event will feature an opening "food for thought" presentation based on the Community Character Plan. in order to educate participants on traditional urban design, street details, zoning, and redevelopment. 2.02 Community Design Session Following the evening opening presentation, participants will gather the next day for a Community Design Session. The Community Design Session will include residents and business owners of Naples Park; citizens, leaders and County staff are strongly encouraged to participate. The Consultant will provide a staff of approximately' seven planners and designers, which will include at least one Principal and one Project Director, to facilitate the desi.g~n~, session. The design session will begin with a welcome by the County, followed by a briefing to lay out the challenge for the participants, orient participants to Taps, and set ground rules and goals for the session. Participants will work in small groups,~athering around tables to draw their important ideas. During the first part of the table sessions; the community will discuss what they like and dislike about the existing conditions of the study area. Participants will then work on how they would like the area to improve. Discussions and illustrations will involve land uses, activities, services, and physical characteristics of the area. At the end of the session, a spokesperson from each table will report the findings and major points to the entire assembly. The hands-on session will help participants to compare alternatives, forge a community consensus and form a preliminary overall vision for the area. 2.03 On-site Design Studio AGEI~]DA I'1'~ OCT 2 2 2002 Following the Community Design Session, the Consultant will work on-site in Naples Park for four to five more days refining the plan, illustrations, and initial alternatives of the community design. At this time, the design team will analyze the information gathered at the Community Design Session and site analysis in order to formulate the initial concepts for the plan. Members of the County staff, elected officials, and the community will be encouraged to stop-by the design studio as new issues come to mind or to check on the project's status. Specific meetings and interviews can be arranged if necessary. 2.04 Develop Alternatives During the on-site design studio, the design team will develop a series of alternative plans and designs for Naples Park. Based on community input and best planning practices, the Consultant shall develop a Preferred Comn/~nity Plan scenario of the Naple. s Park area that will be depicted through the use of charts, maps, fij~d other graphic media. Recommended architectural standards, in fill construction, and ideas spatially related to pedestrian and bicycle traffic will be examined. 2.05 Refine Desigd Concepts The Consultant team will devise updated concepts to present to the Naples Park community in an open forum for comment and review (see Task 2.06). The concepts will be based on the information gathered throughout Community Workshop 1. 2.06 Community Presentation of Design Concepts The Consultant xvill present the various plan concepts for Naples Park at an evening community meeting. The meeting will be organized similar to a "town meeting" and will involve open discussions as well as a "work in progress" presentation. Participants will be offered the opportunity to recommend which ideas are best for their community,. Input regarding the work to date will be sought at this workshop and the Consultant will then work evolving the plan in further detail. Phase III - Review and Presentation of the Community Plan (Trip #3) The final overall Community Plan will be presented during Trip #3. The review and presentation of the Naples Park Community Plan will consist of a presentation to the community as well as the County Commission. Tasks 3.01 3.02 3.03 Prepare Draft Community Plan Based on the Community Workshop, the Consultant will return to their Coral Gables office to finalize a draft Community Plan. The draft Community Plan will consist of drawings to include one or more aerial perspectives, illustrative site plans, cross sections, and one or more eye level perspectives. In addition to the draft Community Plan, a draft of the Design Standards will be prepared along with a draft ora brief report documenting the plan and underlying information. Present Draft Community Plan to Naples Park (Trip #4) The Consultant will present the draft Community Plan to the Naples Park community at an evening meeting. Participants will be offered to comment on the plan, prior to review by the County Commissioners. ~,i~,l~A I1T.~ Present Draft Community Plan to County Commissioners OCT 2 2 2002 The Consultant will present the draft Naples Park Community Plan to the County Commissioners for initial review. Phase IV - Detailed Community Plan, Development Standards, and Implementation Plan Following the community workshop and community presentations, the Consultant will make adjustments to the draft Naples Park Community Plan and prepare the related work products. 4.01 Workshop Summary Report The Consultant will prepare a document including images from the work in progress, a brief narrative summarizing the findings from the workshop, and a description of the process used to create the Community Plan (4 to 8 pages). The Workshop Summary Report shall be concise and reproducible so that it can be used to promote the redevelopment of Naples Park with the business community and the public. 4.02 Draft Community Plan Based on the Community Workshop, the Consultant will finalize the draft Community Plan (see Task 3.01 ). 4.04 Final Naples Park Community Plan Report The Final Naples Park Community Plan Report will include information gathered during the community workshop, summarized appropriate support documentation, the recommended Naples Park Community, Plan, and an implementation plan. 4.04.01Support Documentation The support components in the Report would likely include, at a broad level: 1. Assessed Valuation Trends in Naples Park 2. Market and Location Analysis 3. Analysis of the Existing Transportation Framework 4. Demographics are not limited to the following: a. Corridor landscaping b. Commercial and Pedestrian Oriented Streetscapes 4.04.02Preferred Community Plan 1. ~ndards - The Design Standards will include development models and guidelines that are designed to encourage future redevelopment in an organized development pattern. The design standards should include specific development regulations and criteria to provide the desired outcomes of the Community Plan that can be incorporated into a zoning overlay or similar land development mechanism. The Design Standards would likely include, but are not limited to the following: a. Building Setback Standards b. Building Height Standards c. Street Frontage Standards d. Landscaping and Screening e. Pedestrian, Parking & Streetscape Improvements f. Architectural Standards for Buildings 2. Transportation Framework (Hall) - The Transportation Framework will recommend strategies to improve traffic movements, protect residential neighborhoods, and improve the pedestrian realm. Transportation recommendations for the overall study area and for the major corridors and selected local streets will be included in the Community Plan. Suggested improvements may include, but OCT 2 2 201)2 ~.. r'7 Co c. Parking d. Traffic Calming e. Lighting f. Efficiency and Connectivity of Local Street Network. 3_. Illustrative Plans and Exhibits - Maps and graphics included in the Community Plan, depicting design standards and transportation improvements, should be in reproducible black and white or color versions in 8 'A" x 11". Display graphics and maps should be poster-size and in color. The illustrative plans and exhibits should depict at a minimum, the following: a. Aerial view of region with the proposed concept for Naples Park highlighted. b. Aerial and eye level renderings of the study area. c. Illustrative Plans of the Study Area - Land Use Plan - Transportation Plans to include proposed street framework and recommended street improvements - Open Space Plan - Design Guideline Plans d. Detailed Plans of Selected, Corridors, Local, Streets and Prototype Blocks to illustrate as appropriate: - Block Configurations - Street Frontage - Building Height - Building Setbacks - Landscaping and Screening - Design Standards - Pedestrian, Parking & Streetscape Improvements - Median and Pedestrian Crossing Improvements - Architectural Standards Strategies for Regulatory Implementation - The Naples Park Community Plan will include specific strategies for its regulatory implementation by the Board of County Commissioners: Analyze the Collier County Growth Management Plan to identify any impediments to implementing the Naples Park Community Plan and all opportunities to further the plan. Analyze the current zoning designations for Naples Park and the remainder of Collier County's Land Development Code to identify impediments to implementing the Naples Park Community Plan. Identify various strategies including new zoning districts, overlay zones, and other code changes that will allow and encourage implementation of the Naples Park Community Plan. Recommend the specific types of changes that are needed to the Growth Management Plan and Land Development Code, using a format similar to the implementation chapter of the Collier County Community Character Plan: -Identify specific Growth Management Plan policies and the types of changes that are needed to each, and identify new policies that need to be added. -Provide a detailed outline of the recommended strategy for amending current zoning and the Land Development Code. OCT 2 2 2002 5. Financin Alternatives - This section will evaluate potential funding alternatives and phasing for the public improvements described in the Naples Park Community Plan: · · , es to implement the identified public improvement t' n of otent~al funding sourc ...... ;~;,~ ervices taxin or benefit units; a a. Evalua ~o P .... '-:-:-'ives' orants; a mu-,*,val s g strategies (e.g., pubhc/pnvate intuat , community redevelopment agency). b. Detailed evaluation of the potential for establishing a Community Redevelopment Agency (CRA) as a funding mechanism to facilitate improvements and large-scale development and investment· The evaluation would include: review previous attempts to designate a CRA for Naples Park; _ coordination with the Property Appraiser's office to obtain historic property valuation data and data for the current year; _ development of several alternative projections of potential tax increment for various growth rate and development scenarios: project development scenarios to use in projecting tax increment; _ background research and provision of examples of the experience of other CRAs in Florida with communities of similar makeup; - a summary of the exact steps that would be needed for Collier County to establish a CRA in Naples Park. _ preparation of a separate technical memorandum which includes the above and explains how the unique tools provided by a CRA designation and TIF fund could facilitate improvements and act as a catalyst for development and investment, and how such investment could benefits the Naples Park community and return a significant revenue benefit to Collier Coun~"s general fund. (Trip #$) 4.05 Follow-up presentation The Consultant will presem the Communits.' Plan, Development Standards. and Implementation Plan to the County. 4.06 Refine the Community' Plan and Development Standards · the Follox~'-up Presentation, the Consultant will provide one revision of the Following ementation Plan under the direction of the Community Plan, Development Standards, and Impl County. (Trip #6) 4.07 Final Presentation The Consultant will make a final presentation on the revised Community Plan, Development Standards, and Implementation Plan to the County. III. Responsibilities of the County. The Consultant's completion of tasks herein within a timely basis is contingent on the County's cooperation in providing information and its participation with respect to certain project activities. The County shall be responsible to the Consultant for the timely performance of the following tasks: Provide, on a timely basis prior to the Consultant's first site visit, the Base Information requested'in Section 5. O. Provide supplementary information that may be requested from time to time during the course of the Project. Provide a project coordinator with reasonable decision-making author! y as 3.1 3.2 3.3 3.4 point of contact for the County. Attend and participate in project meetings upon the request of the Cons tant. OCT 2 2 2002 3.5 Manage under separate contract additional specialty expert subconsultant services as deemed necessary by County, or authorize Consultant to contract with subconsultants and reimburse Consultant for the costs of these services. In particular, an engineering firm is needed for special services regarding the potential redesign of the secondary drainage system in Naples Park, specifically the roadside swales and driveway culverts. The most current drainage study, "Drainage Study of Naples Park Area Drainage System." prepared by Agnoli, Barber, and Brundage, Inc (ABB) in June 1988, focused on improvements to the primary drainage system between 91st and 92nd Avenues and also along 8th Street. That study and subsequent physical improvements (replacing the major outfall ditches there with a underground storm sewer) was possible without adding expensive water quality treatment because of the role that the roadside swales play in cleansing stormwater before it flows into the new storm sewer. However, roadside swales often preclude other important public improvements such as sidewalks and street trees. An additional study is needed on alternatives to roadside swales that can provide equivalent water quality treatment. This study also needs to provide accurate unit costs for constructing such alternatives because these costs will be essential in providing an accurate picture of the total cost to implement the streetscape improvements to be depicted in the Naples Park Community Plan. We recommend the County execute a contract with ABB to conduct this additional study in the immediate future. We estimate a figure of approximately $15,000 (estimate included in the "Fixed Fee" found in Exhibit B: Professional Fees and Reimbursable Expenses, section 1.1). 3.6 Assist in guiding public outreach throughout the project and soliciting the attendance of third parties whose participation the Consultant considers important. 3.7 Make every effort to insure the attendance of a majority of elected County officials? stakeholders, and investors at the workshop presentations. 3.8 Provide the professional services of competent legal counsel, landscape architect, engineer, and other consultants that may be required for completing legal and technical documents. 3.9 Promptly tender payment of all valid invoices. IV. List of Final Work Products. The Consultant shall produce specific graphic and written deliverables in conjunction with the professional services described in this Exhibit. 4.1 Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: a) Illustrative Master Plan (1), rendered in color and showing rights-of-way, green space, areas where new construction should occur, and various other features of the project area; at a scale to be determined. b) Technical Plan(s), showing property lines, existing and proposed streets, geographic features, and future parcelization; to the extent possible, the drawing will show basic above-ground infrastructure, and, in the commercial areas, the conceptual location and layout of any shared parking areas. This drawing will be drawn in AutoCAD suitable for preliminary engineering and will serve as the basis for the Regulating Plan. c) Perspective Drawings (minimum of 3), rendered in color and showing examples of typical streets, squares, parks, specific locations of importance, or other significant design concepts, as Consultant may deem appropriate. d) Diagrams, as needed, rendered in black and white, illustrating ideas or concepts such as the following: (1) Pedestrian and vehicular networks; (2) Network of open space; (3) Public buildings and public spaces; OCT 2 2 2002 a) b~ c) (4) Building types or street types; and (5) Design Standard related explanatory diagrams. 4.2 Written Documents. Written Documents will include the following or a reasonable equivalent: a) Workshop Summary Report, a summary of the findings from the workshop and description of the process used to create the Community Plan (4 to 8 pages). b) Alternative Concepts Documentation, if necessary, a summary memorandum documenting major alternative concepts considered for Naples Park. c) CRA Technical Memorandum, memorandum to evaluate the appropriateness of establishing a Naples Park CRA. d) Community Plan Report, to include information gathered during the community workshop, appropriate support documentation, the Naples Park Community Plan, and an Implementation Plan. 4.3 Format of Deliverables. The Consultant shall provide final work products to the County in the following format: Graphic documents. Graphic documents shall be printed or plotted on paper and delivered to County (1 reproducible copy only). When completed these documents shall also be delivered to the County on a CD-ROM (1 copy only) in a digital format. Upon request and at additional cost, the Consultant will also provide additional sets of high quality reproductions of the graphic documents in an appropriate printed format. Written documents. One reproducible and unbound copy of all written documents shall be printed on paper in an appropriate format. One (1) bound copy of the Community Plan Report shall be provided to the County. The document shall also be digitally stored in an appropriate computer format, and will be provided to the County on a CD-ROM (1 copy only). The report will also be converted into a read-only format (a "pdf' file that can be opened using the freeware program Adobe Acrobat Reader) for reproduction by the County. Additional Copies. The Coun~~ may request additional copies of the above deliverables upon payment to the Consultant of the actual reproduction cost, plus a fee for additional services in accordance with Exhibit B, Section 1.3 of this Agreement. 5.0 Duties of the County Base Information In accordance with Section 1.05 above, the Consultant requests th~ County to provide the following Base Information: 5.01 SCALE BASE MAPS, in digital and hard copy formats, indicating existing conditions of the project area and context, including significant features above and below the ground, environmental constraints, polluted areas, archaeological sites, utility locations, etc. Maps should specifically include ArcView GIS data and an AutoCAD survey plan of the project area indicating any property lines, easements, and any existing building footprints and heights, roadways, sidewalks, driveways, curbs and curb cuts, alleys, and traffic control devices. A topo~aphic/environmental survey should indicate spot elevations or topography lines and delineate any jurisdictional wetlands. A tree survey should precisely indicate the location of any existing specimen trees. Copies of design documen!s for road improveme~nt~ already made or slated to be made to adjacent thoroughfares sh°uld als° be pr°vlded t° the 1 °nsull~l~l~_~~ 5.02 AERIAL PHOTOGRAPHS, preferably in color, in plan view and at the largest poss~bl~ scarce. 5.03 RELEVANT EXISTING REGULATIONS, which may constrain zoning, land use, or previous development proposals envisioned or supported by this Project, and relevant published comments of local government officials and administrators regarding such constraints. 5.04 ANY OTHER RELEVANT DATA, including pertinent portions of previous local zoning approvals, covenants, and previous site studies, traffic studies, infrastructure studies, market feasibility studies, historical background, etc. Upon commencement of the Project, County shall provide Consultant with the above information. County represents to Consultant that it may depend upon the accuracy and completeness of the information so provided. If County is unable to provide any of the requested information, it shall immediately contact Consultant to determ~pe whether such information is reasonably necessary and how such information might otherwise be obtained. If Consultant considers the requested information reasonably necessary for the project and County remains unable to provide such information, then Consultant may prepareigr obtain such information as an additional service compensable in accordance with the Agreement. 6.0 Compensation Compensation for the Services rendered under this Amendment A1-A shall be in accordance with the provisions of the original Agreement. Schedule "B", Attachment "B" Consultant's Employee hourly rate schedule. 6.1 Flat Fee. The County shall make payment to the Consultant of professional fees in the amount of two hundred eleven thousand, three hundred seventy dollars ($211,370) ($211,370 drainage study included; $196,370 drainage study not included) for the completion of the work in the Agreement. The flat fee does not include reimbursable expenses advanced either in the performance of the Agreement or in the service of County. Such expenses will be billed in accordance with Schedule "B", Attachment "A" of the original agreement. Appropriate documentation or receipts shall corroborate all reimbursable expenses. The payment of this sum to Consultant shall be apportioned as follows: Sixty three thousand, nine hundred eleven dollars ($63,911) shall be paid as a nonrefundable retainer/initial deposit providing all terms of service and deliverables are met, concurrent with the scheduling of the Project; Fifty (50%) percent shall be paid upon the conclusion of the Charrette; and the remaining balance shall be apportioned into monthly payments corresponding to the percentage of work completed. Following is a breakout of the various Phases of Work: Phase I: Project Organization and Analysis $36,015 Phase II: Community Workshop $98,910 Phase III: Review and Presentation of the Community Plan $23,245 Phase IV: Detailed Community Plan, Development Standards, $53,200 and Implementation Plan Project Total $21 AC.~.NDA ITEM OCT 2 2 2002 6.2 Retainer / Initial Deposit. Upon executing the Agreement and upon issuance of a Purchase Order, the County shall pay to Consultant an initial deposit in the amount of sixty three thousand, nine hundred eleven dollars ($63,911), ($63,911 drainage study included; $58,911 drainage study not included) prior to Consultant commencing work. 6.2 Additional Services. Professional fees for additional services not specifically described in this Agreement shall be mutually negotiated between Consultant and County in accordance with Schedule "B", Attachment "B" and agreed upon in writing in the form of a Change Order. 7.0 Schedule Services shall be performed under the following schedule for completion dates of Tasks and services required under this Amendment. This schedule may be changed by mutual written agreement by County and Consultant. October 2002 Project Start Date October 31 Phase I: Site Visit / Analysis November 15-21 Phase II: Community Workshop January 2003 Phase III February - March 2003 Phase IV AGEITIDA ITEM OCT 2 2 2002 EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECEIVE $7,450,000.00 IN TRANSPORTATION OUTREACH PROGRAM (TOP) FUNDS FOR COSTS DIRECTLY RELATED TO THE WIDENING OF GOLDEN GATE PARKWAY FROM FOUR TO SIX LANES FROM AIRPORT PULLING ROAD TO SANTA BARBARA BOULEVARD AND THE CONSTRUCTION OF A GRADE SEPARATED OVERPASS AT AIRPORT PULLING ROAD AND GOLDEN GATE PARKWAY, PROJECT NO. 60027 OB,JE~: To receive Board approval of an agreement with the State of Florida Department of Transportation to receive $7,450,000.00 in funding for costs directly related to the widening of Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santa Barbara Boulevard and the construction of a grade separated overpass at Airport Pulling Road and Golden Gate Parkway, Project No. 60027. CONSIDERATION: The Florida Department of Transportation, Transportation Outreach Program was created by Section 339.137, Florida Statutes, and is dedicated to funding transportation projects of a high priority. Collier County has applied for and received approval for financial assistance for the aforementioned project under that program. In signing this agreement, Collier County agrees to the terms and conditions set forth by the Florida Department of Transportation in the administration of these funds. The County Attorney's Office has reviewed the agreement. Construction on the Golden Gate Parkway project is planned for 2003 with widening of the existing four-lane roadway to six lanes from Livingston Road to Santa Barbara Boulevard. This will be followed in 2004 and 2005 with construction of the Grade Separated Overpass at Golden Gate Parkway and will include six-laning the remaining portion of Golden Gate Parkway from Livingston Road to Airport Road. The total construction cost of the aforementioned work is estimated at 38 million dollars. When completed the Golden Gate Parkway Interchange will relieve traffic clngestion at the Pine Ridge Road and Collier Boulevard Interchanges. The expansion of~e Parkway will provide the needed capacity for moving traffic to the north-south arterials at US 41, CJoodlette-Frank Road, Airport Road, Livingston Roa~l and Santa Barbara Boulevard. The Grade Separation will-pass Parkway traffic over ,~irport-Pulling Road, providing improved traffic flow on both arterials. The Collier County Board of County Commissioners has provided approval of consultant services for the following actions, which are related to this request: Grade Separation Study Golden Gate Parkway Design Grade Separation Concept Study Grade Separation Design May 2, 2000 November 28, 2000 September 11, 2001 May 14, 2002 The improvements to Golden Gate Parkway & the Grade Separated Overt been identified in the Collier County 5-year Transportation Work Progra Financially Feasible Plan adopted by Collier County. ,,FISCAL IMPACT: Funding for this project is budgeted in Fiscal Year 03 and Fiscal Year 04 in the Transportation Supported Gas Tax Fund and the Transportation Impact Fee Funds. The $7,450,000.00 will be reimbursed to Collier County as construction progresses and will be deposited into Transportation Funds. Source of Funds will be Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT..'. This Capital Improvement Element (CIE #73) is consistent with the Transportation Growth Management Plan. RECOMMENI)ATION: That the Board of County Commissioners approve the agreement and authorize the Chairman to sign the agreement to receive $7,450,000.00 in Florida Department of Transporta~~. funding for ,Project No. 60027. SUBMITTED BY: ~~__?~~ Date:/9~,d Va ~ry,R~. ~ut_oonsuu,,P.E., Senior Project Manager REVIEWED BY: /~~~~ Date: ~7 /~/,,~tg- ~,~,,~g/~. Stra~aluse, Director, TE&CM Dept. Nor~a~n Fe~ter, Administrator APPROVED BY: J~s V. Mudd, C~y ~gr Date: AGENDA ITEM NO. II. ~'~' I. OCT 2 2 ?.002 'OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Gary Putaansuu, Senior Project Manager, TransportationfECM Robert N. Zachary, Assistant County Attomey ~ September 11, 2002 Golden Gate Parkway Six-Laning Design Project, Project #60027 RLS No. TRN020827-05 Please accept this memorandum in answer to your Request for Legal Services concerning the State of Florida Department of Transportation Outreach Program Agreement. In your RLS you state that the agreement lists both the widening and grade separation of the Golden Gate Parkway Project and ask what would be the consequences if the grade separation was not built and improvements were made at grade. A review of the agreement reveals that it is very specific in that the financial assistance the State is willing to provide to the County for this project involves both segments - the widening and the construction of a grade separation. Under the Services and ?erforrnance section of the contract, the language used says that the County "shall furnish services with which to widen Golden Gate Parkway ... and construction of a ~ade separated overpass at Airport-Pulling Road and Golden Gate Parkway." The use of the word "shall" generally means that the County must fulfill both the widening and the grade separation in order to fulfill the terms of the agreement. The agreement requires that the County complete the project in accordance with all the requirements stated in the agreement. The contract further states that it is agreed by the parties (County and Department) that no modification, amendment or alteration in the terms or conditions contained in the contract shall be effective unless they are contained in a written document executed by both parties. That being said, I suggest that you do not rely solely on an opinion from this office for your answer. It seems to me that the most reliable answer that you could obtain for your question would be from the agency that is providing the funding under this agreement. It appears that there are any number of people at the Florida Department of Transportation that would be able to provide you with the definitive answer. If you have any further questions, please do not hesitate me at 774-8400. RNZ/g cc: David C. Weigel, County Attorney h: RNZa~Memos2002~u~n~uu-GGPkwy AGENDA IT_EM. No. 0CT 2 2 7.002 Pg._ JEB BUSH GOVERNOR Florida Department of Transportation July 30, 2002 THOMAS F. BARRY, JR. SECRETARY Mr. G-reg Strakaluse TF.& CM Director Collier County 2675 South Horseshoe Drive Unit 401 Naples, Florida 34104 Re: Transportation Outreach Program Agreement for widening of (CR 886) Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santo Barbara Boulevard and the construction of a grade separated overpass at Airport Pulling Road and Golden Gate Parkway Dear Mr. Strakaluse: Enclosed axe five (5) originals of the Transportation Outreach Program Agreement (TOP) for the above referenced project. Please have all five (5) originals executed by lhe Chairman ofltae Board of County Commissioners, returned to me, tog~her with two (2) originals or certified copies of the original resolution authorizing the Chairman to enter into and execute the agreement ffyou have any questions, please feel free to contact me at (941) 461-4302. Sincerely, Sharon Newman, Transportation Accounting Supervisor Paul Theberge, Residem Ccmstmction Engineer, MS 148 Tony. Stevens, District Legal, MS 1-13 Johnny Limbaugh, Community Liaison, MS 1-98 229'5 Victoria Avetmo*Post Offi~ Box 1030*Fort Myers, FL 33902-1030 (239) ~1-4300 *(239) 338-2353 (Fax) * MS 1-98 www.dot.state.fl.us AGENDA ITEM OCT 2 2 2002 Catalog of State Financial Assistance No. 55.022 FMNo.: 413015 1 5801 COUNTY: _COLI2ER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION OUTREACH PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the '~DEPARTMENT", and COLLIER COUHTY, hereina~er referred to as the "COUNTY~. WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 339.137, Florida Statutes, to enter into this Agreement; and WHEREAS, the Transportation Outreach Program has been created by Section 339.137, Florida Statutes, and is dedicated to funding transportation projects of a high priority based on preservation of the existing transportation infrastructure, enhancing economic growth, and improving mobility; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.137, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance, under FM# 413015 1 58 01for costs directly related to the widening of(CR 886) Golden Gate Parkway from four to six lanes from Airport Pvliing Road to Santa Barbara Boulevard and the construction of a grade separated overpass at Airport Pulling Road and Golden Gate Parkway, hereinafter referred to as the "PROJECT"; and WHEREAS, the COUNTY by Resolution No. dated the ~ day of , a copy of which is attached hereto and made a part hereof, has authorized "the Chairman of its Board of Commissioners to enter into this Agreement; NOW, THEREFORE, in comideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The COUNTY shall furnish services with which to widen (CR 886) Golden Crate Parkway fi.om four to six la,es fi.om Aill~rt pulling Road to Santa Barbara Boulevard and construction of a grade separated overpass at Airport pt~!ling Road and Golden Gate Parkway. federal, state and local statutes, rules and regulatiom. Upon compieuon or OC1 2002' COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with all requirements as stated above. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. i) The DEPARTMENT must approve any consultant and/or contractor scope of services prior to advertising by the COUNTY. All work to be performed under this Agreement to be in accordance with~the requirements listed in lB hereinabove. ii) The DEPARTMENT's approval must be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has been selected ~n accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes). E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Paul Theberge, P.E. Resident Construction Engineer Florida Department of Transportation P.O. Box 789 Fort Myers, Florida 33902-0789 TO COUNTY: Greg Strakaluse TE&CM Director Collier County 2675 South Horseshoe Dr. Unit 401 Naples, Florida 34104 A. The COUNTY shall commence the PROJECT activities'tsubsequent to the execution of this Agreement and shall be performed in accordance with the f611owing schedule: a) Construction to begin on or before January 15, 2004. b) Construction to be completed on or b~fore January 15, 2007. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3-COMPENSATION AND PAYMENT Ao in the amount of SEVEN MILLION FOUR ~RED FIFrFy THOUSAIq DOLLARS ($7,450,000.00). i) The DEPARTMENT agrees to a maximum participation in the PROJECT 0 C ? 2_ 2 ii) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager, every six months, at address stated in paragraph 1F, for approval and processing. In the event the COUNTY proceeds with the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). iii) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. The DEPARTMENT shall have the fight to retain out of any payment due the COUNTY under this Agreement an amount s,mcient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. C. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized'by the State Comptroller under Section 215.422(14), Florida Statutes. D. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. E. Any penalty for delay in payment shall be in accordance with Section 215.422(3)Co), Florida Statutes. F. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. G Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. H. A Vendor Ombudsman has been established within the Depa~ h-aent of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state Agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792- Records of costs recurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all limes during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTM]~Tr upon request. Records of costs incurred includes the COUIVI~s general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work onthe project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. AGEN'DA i'[ EM I 0 C 2 2 ZO0 . J. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liabili~, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, m~de in violation of hhis subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such corrlract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. I~L A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Sechon :287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. L. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the comtmction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 4-INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of~ because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees, contractors/subcontractors, consultantrffsubconsuitants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors, consultanlx/subconsultants. Neither COUNTY nor any of its officers, agents, employees, contractors/subcontractors, consultentrffsubconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. 4 AGENDfi ITEM 0C! ? 2 200 ii) The COUNTY agrees to include the following indenmification in all contracts with contractors/subcontractors, consultantsfsubconsultants, who perform work in connection with this Agreement: "l'ne contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or dueto any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor/consultant, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of the agreement, when it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or cause i~s contractor to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COMPENSATION. The COUNTY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 5-COMPLIANCE WITH LAWS A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARt. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof; and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other AGENDA IT E]~ than those set out in Section 337.274, Florida Statutes. No. ! [,ff f,~'~ OCT ? 2 2002 E. Recipients of state funds are to have audits done annually using the following criteria. State awards will be identified using the Cat~log of State Financial Assistance (CSFA) rifle and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. Ifa recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required, ifa recipient expends less than $300,000 m State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.9'/, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. Reporting Packages and management letters generated from audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding DEPARTMENT office, by the recipient, within 30 days of receiving it. The afore mentioned items are to be received by the appropriate DEPARTMENT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation ora summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Projec! records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given to the DEPARTMENT, the Office of the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Saucrbeck Room 5'/4, Claude Pepper Building 111 West Madison Street Taflahassee, FL 32302-1450 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in wh°le °r in part at a~' time the interest of the DEPARTMENT requires such termination- The DEPARTMENT also reserves the right to seek termination or cancellation oft[ds Agreement in the event the COUNTY shall be placed The DEPARTMENT further r~,~.~v~ in either volunta~ or involuntary bankruptcy. an assignment be made f°r the ~nefi!~~'[~ terminate or cancel this Agreement in the event ' ' · This Contract may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B.' If the DEPARTMENT determines that the. performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) inunecliately terminafng the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a spec/fled time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. Ifthe DEPARTMENT requires termination ofthe Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with/nstructions to the effective date of termination or spec/fy the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount wh/ch is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTIVIENT and will be turned over promptly by the COUNTY. 7-MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making bYthe DEPARTMENT °f any payment t° the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject w_a~r of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no moa_ificafion, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal digniiy herewith- AGENDA t~, E;-,~,~ 7 0 C 1' 2 2 II E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance wi~h the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G. This Agreement shall b~ effective upon execution by both parties and shall continue in effect and be binding on the parties u~til the PROJECT is completed and accepted and payment made by the DEPARTMENT. 8 OCT ? 200 IN WITNESS WHEREOF, the COUNTY has caused fils Agreement to be executed in its behalf tiffs . day of , ~ by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the __ day of , _____, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this ~ day of COLLIER COUNTY, FLORIDA ATrEST: (SEAL) BY: CLERK COUNTY A~'TORNEY CHAIRMAN, BOARD OF COUNTY COMMISSIONEKS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATrEST: .... (SEAL) EXECUTIVE SECRETARY BY: DISTRICT SECRETARY DISTRICT ONE DOT Legal Review: Availability of Funds Date: 9 EXECUTIVE SUMMARY APPROVAL OF AN EQUIPMENT LOAN AGREEMENT WITH 3M TRAFFIC CONTROL MATERIALS DIVISION FOR THE USE OF AN HSRA-48C SQUEEZE ROLLER APPLICATOR USED FOR SIGN SHEETING APPLICATIONS AT NO COST TO THE COUNTY. OBJECTIVE: Obtain Board of County Commissioners aPproval of the attached Equipment Loan Agreement with 3M Traffic Control Materials Division (3M) for the use of an HSRA- 48C Squeeze Roller Applicator. CONSIDERATIONS: The Transportation Operations sign shop produces traffic control signs for the County's roadways using adhesive-backed reflective sheeting bonded to aluminum panels. An integral part of the bonding process is the use ora pressurized roller that smoothes the sheeting and assures proper adhesion to the aluminum panel. 3M has a program that allows a county to use an HSRA-48C Squeeze Roller Applicator for an unlimited period of time providing that the county purchases an annual minimum of $25,000 of the 3M materials specified in the contract. Collier County annually purchases in excess of $26,000 of 3M signing materials from multiple sources and would like to take advantage of this loan program. Collier County Transportation Operations is currently in possession of an HSRA-48C Squeeze Roller Applicator from a prior agreement signed by the Board of Commissioners in August 1999. 3M is in the process of renewing agreements for the use of the squeeze roller applicators and they have requested that a new agreement be signed by Collier County. FISCAL IMPACT: There is no fiscal impact. The machine would be loaned to Collier County at no charge. Traffic Operations Fund 101 funds all signing materials purchased. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board of County Commissioners authorize the Chairman to sign the Equipment Loan Agreement, and return the agreement to the Transportation Operations Department, Traffic Operations to be forwarded to 3M Traffic Control Materials Division. SUBMITTED By:/~/~,.~ ~-~ .~/~" ~' Edward J. K~nsportation Operations Director Stev~ arngll, Purchasing Director APPROVED BY: Date: Norrr E. Fcdcr, A[CP, Transportation Services Administrator / OCT 2 2 2002 pg. i 3M HSRA Loaner Agreement 3M Traffic Control Materials 3M Center, Building 225-58-08 St. Paul, MN 55144-1000 Please check one of the following options: Return Squeeze Roller to 3M Purchase Squeeze Roller 12" HSRA ~ $1653.80; 36" HSRA ~ $2,562.50; 48" HSRA ~ $3,237.50 Air cylinders ~ $694.00 per set Usage fee Option (see contract below) An agreement is hereby made on this, the day of ,2002, between Minnesota Mining and Manufacturing Company (3M), with offices located at 3M Center, St. Paul, Minnesota 55144-1000, and Collier County, Florida (herein called the "Borrower") located at 2705 South Horseshoe Drive, Naples, FL 34104. In consideration of this agreement. 3 M will provide and maintain ownership of the following equipment: Equipment Nlodel HSR~& 48C Serial Number (to be supplied by 3M after unit is shipped) #146 Borrower will keep this equipment under its supervision and control: The equipment provided shall be for the sole purpose of applying 3M Signing Sheeting and shall be kept in the possession of the Borrower. Borrower may continue to use this equipment on a yearly basis fr{e of charge upon providing 3M with copies of purchase orders (direct purchases through a sign manufacturer) totaling not less than $25,000 per year for one or a combination of the following products: 3M TM S dotchlite TM Engineer Grade Reflective Sheeting Series 3200; 3M TM Scotchlite~ High Intensity Grade Reflective Sheeting Series 3800; Diamond Grade*' LDP Reflective Sheeting Series 3960 & 3970; Diamond Grade'~VIP Reflective Sheeting Series 3980 & 3990: Diamond GradeTM Fluorescent Sheeting Series 3924; High Intensity Work Zone Sheeting Series 3820; Protective Overlay Film Series 1150 & 1160; and ElectroCutTM film Series 1170. A, GENOA I'IT~ OCT 2 2 2OO2 3M Squeeze Roller Agreement Transportation Operations: Traffic Operations 9/20/2002 Page I of 3 If Borrower can not commit to annual purchases totaling $25,000 of the above listed material, they will be charged monthly based on the following criteria: Annual Monthly Monthly Monthly Monthly Purchase Charge for 12" Charge for 36" Charge for 48" Charge for Air Roller Roller Roller Cylinders [ I $25,000 + No Charge No Charge No Charge No Charge $15,000 - [~ $24,999 $50 $75 $100 $25 $5,000 - [--] $14,999 $100 $150 $175 $50 $0- [-~ $5,000 $200 $225 $250 $75 Title to the provided equipment will remain with 3M. While within the possession of the Borrower, the equipment shall be maintained with reasonable care and the responsibility for maintenance and parts is on the borrower. Borrower agrees and hereby assumes responsibility for any and all risks of physical loss or damage to the said equipment fi.om any cause whatsoever during the entire term of this agreement, including los~ ~r dnrnagc duc to, or caused by, but not limited to, carelessness or improper handling in thc use of the equipment supplied. Any repair or replacement of parts and/or equipment will become the property of 3M and subject to the terms of this agreement. o Subject to the limitations provided for in Section 768.28, Florida Statutes, borrower will assume responsibility for all claims, demands, suits, and liabilities based upon injury or damages to all persons and all. property caused by the operation of the loaned equipment while in its possession arising out of the sole negligence of it or its agents or employees. Nothing herein shall create any "third party beneficiaries" to this contract; and it is understood that the language herein is used only to describe the relationship between 3M and the Borrower. 3M reserves the right to cancel this loan agreement at any time if the terms of item # 1 are not met. If agreed upon level is not purchased within 12 months fi.om signing, borrower agrees to pay a one-time rental charge for the difference between agreec I~:.-:,'. &.si actual usage level. AOI~ND& ITEM 3M ,<( 2 2 2002 Transportation Operations: Trl tic (~0p¢~ ~ Sales Representative: Dan Brady Signature: '' Account Executive Date: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved at to form a n d/.[eo~~5~ e n cy: ,,..........---~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: JAMES N. COLETTA, Chairman AGEHD.~TEM,,,, _ NO. [t~_r-~ ~ P0. ~ 3M Squecz~ Roller Agreement Transportation Ol~rations: Traffic Operations 9/20/2002 Page 3 of 3 EXECUTIVE SUMMARY REQUEST THAT THE BOARD DIRECT STAFF TO .FORM A MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (MST/BU) FOR THE PURPOSE OF IMPROVING A PORTION OF SOUTH EIGHTH STREET AND DOAK AVENUE EXTENSION IN IMMOKAI dEE. ~: To present information and background to the Board for roadway improvements on South Eighth Street in Immokalee pursuant to acceptance as a county maintained roadway. CONSIDERATIONS: A request has been made by the lmmokalee Area Civic Association for the formation of a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving South Eighth Street to current standards so this road may be accepted for county maintenance. The roadway improvements include right-of-way acquisition, roadway base and paving, and drainage improvements. A petition from area residents has been received with 5 of 10 (50%) property owners in favor of forming the MST/BU (Attachment No. 1). Attachment No. 2 is a portion of the Collier County Assessor's Map indicating the location of the property to be assessed. Staff recommends that the Doak Avenue Extension area be included in the study area to enhance travel patterns affecting the overall area (Attachment No. 2). There have been several inquiries from some of the residents of the area over the past few years requesting maintenance and methods for improving the roadway. Since Doak Avenue Extension was not included in the original petition canvas, staff would like the flexibility of working with the residents and the Civic Association to ascertain if there is a desire to have the road paved and to be included in the MST/BU. FISCAL IMPACT: There is no fiscal impact at this time. Upon formation of the MST/BU and development ~"/ of the project, staff will return to the Board and the public with a complete accounting of the proposed costs of the project. Future funding will be provided by the MST/BU GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION,,: That the Board direct staff to proceed with the formation of the MST/BU. REVIEWED BY:: ... on.,)crations Director APPROVED BY:~ Transportation Administrator Attachments: N/~. 1- Petition forms No. 2 - Area Map DATE: DATE: /'z~?~ t_. No. 0CT 2 2 2002 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the ~ ,~', ~s.l-ll Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road improvement costs it is estimated that paving and drainage improvements to ~a --' ,e_.~_. _~-x~,~44'x may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE ~/f "' ~ ~qD '~- NUMBER 54- 5~ 50 g. ~ ~ DOI~R~I T-15-02 6 ,- 7 8 9 10 11 12 13 .. 14 15 16 17 18 19 20 21 22 23 ~o. 24 ~rT 25 u~ #Ai:'L£ 0~I~ w ~OOKER IOULEYARD OCT 2 2 2002 EXECUTIVE SUMMARY REQUEST THAT THE BOARD DIRECT STAFF TO FORM A MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (MST/BU) FOR THE PURPOSE OF IMPROVING LITTLE LEAGUE ROAD IN IMMOKALEE. OBJECTIVE: To present information and background to the Board for roadway improvements on Little League Road in Immokalee pursuant to acceptance as a county maintained roadway. CONSIDERATIONS: A request has been made by the Immokalee Area Civic Association for the formation of a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving Little League and Trafford Farms Road to current standards so that these roads may be accepted for county maintenance. The roadway improvements include right-of-way acquisition, roadway base and paving, and drainage improvements. A petition from area residents has been received with 53 of 65 (81%) property owners in favor of forming the MST/BU (Attachment No. 1). Attachment No. 2 is a portion of the Collier County Assessor's Map indicating the location of the property to be assessed. Staff recommends that the Christian Terrace area be included in the study area due to drainage issues affecting the overall area (Attachment No. 2). As far back as 1983, the residents sought County assistance in having the road paved. Periodic flooding and potholing continues to be a problem in the area. At one point, a prior Board of County Commissioners authorized a one-time pothole repair program~fr-0 the road. Since Christian Terrace was not included in the original petition canvas, staff would like the flexibility of working with the residents and the Civic Association to ascertain if there is still a desire to have the road paved. FISCAL IMPACT: There is no fiscal impact at this time. Upon formation of the MST/BU and development of the project, staff will return to the Board and the public with a complete accounting of the proposed costs of the project. Future funding will be provided by the MST/BU GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board direct staff to proceed with the formation of the MST/BU. SUBMITTED BY: .~~=~~' KEVIEWED BY: ~ REVIEWED BY: ~anager APPROVED BY: No~[ gl' Fe~er, AI~'P,tTransportation Administrator Attachments: No.o.~/-- Petition forms No. 2 - Area Map DATE: DATE: t ~ ~ O/OZ..- DATE:/~//~/~l~ DATE: OCT 2 2 2002 Po. PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersig~ext. ,p, et, itiopers hereby r__efluest the Board of County Commissioners to establish the ~..-~1~'~. Iq_ [__~IXCl bl P ~ ~t~ (h'l.. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our respomibility ~ benefit~g property owners. Based a.d imorov m., to · may be between $25,000 and $$250,000 depending upon such facto~4~ as road length and drainage requirements. We understmtd that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public heating shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE ~ER  - , ,- - ] .-/ .... 7- -' - '- ]o i::~ P ~_~ ' z/do/ L[/4-b /e~,c,~, I~Z. 'd:f.~t~bCO3a, Z..--~'y,, ~ 24~ ~ ~ ~ 9~ ~'~6'~-~- ~~3 t.-~2 2 2002 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners h,e~by request,the Board of County Commissioners to establish the ~F'F'a_t2¢oo.~ ~o_ct~ .~. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road improvement costs it is estimated that paving and drainage improvements to -"~a~3-:o.,-a[ IL"'a~-t~ I~. ~ may be between $25,000 and $$250,000 depending upon such factors as road length andixdrainage requirements. We Understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation l~'y the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE ,, ,, ? , NUMBER ]7i 19 20 21 22 23 AGEN[ ~TEM q flCT2 2002 Pg. NAM]& ADDRESS TAX FOLIO DATE NUMBER OCT 2 2 2002 Pg- ~d} ~ 'mAFFORU ~A.~ RO~ I t HALL ROAD lc,,~,s~,,,,, '~,~,~,,CE AREA ~ , UGHTNER DRIVE CHRISTIAN IER. EXT. ] UTTLEI LEAGUE iROAD t ! Z O~T 2 2 2002 EXECUTIVE SUMMARY APPROVE CHANGE ORDER WITH APAC, INC. FOR ROADWAY IMPROVEMENTS ON THE NORTH 11TM STREET EXTENSION PROJECT AT THE INTERSECTION OF STATE ROAD 29 IN THE AMOUNT OF $31,733.60, PROJECT# 62021 OBJECTIVE: To gain Board of County Commissioners' approval of a change order for roadway improvements on the North 11o' Street Extension Project at the intersection of State Road 29. CONSIDERATIONS: The project construction phase was funded this fiscal year 2002. The consultant selected to undertake the design, Wilkison & Associates, was preparing the 90% plans when the project was stopped last November. The BCC~approved a priority list at the end of December and funding for PfN 62021 seemed to be no longer available at the beginning of January 2002. Funding reappeared in the budget at the end of February and the cbnsultant resumed the 90% plan production early March. The design phase was complete in May and the bidding of the project started in June, resulting in the award of a construction contract to APAC-Florida, Inc. on July 30 of this year. The Contract was executed the following month and ~a Purchase Order was processed prior to Staff issuing a Notice-to-Proceed for construction activities on September 3, 2002. This funding confusion produced a three-month delay to the project that affected the schedule. The project was let without having secured all required jurisdictional permits. The application for a Drainage and Driveway Connection permit on State Road 29 was submitted to the Florida Department of Transportation (FDOT) simultaneously with the project letting in order to ensure the project start within the current fiscal year to fulfill the County's commitment to the Robert's PUD. FDOT has only recently responded to our permit application and is requiring several revisions to the plans that are the cause for the proposed change order. The plans as originally prepared by the project consultant were not in compliance with current FDOT design standards and corrections were needed. The change in quantities for this additional work is what triggered the need for the change order. The change order will provide for additional funds to cover extra paving and striping work, as well as funds to address an existing drainage issue in the project area as required by FDOT, in the amount of $31,733.60. The original contract amount for this project was $144,150.50.  qTISCAL IMPACT: Funds in the amount of $31,733.60 are available in the Impact Fee District 339. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Change Order #1 with APAC, Inc., for the roadway improvements on the North 11th Street Extension Project at the intersection of State Road 29 in the total amount of $31,733.60; and, authorize the Transportation Operations Director to execute the change order. SUBMITTED BY: , REVIEWED BY: Edw~dJ~t'~ Director / APPROVED BY: Date Noth~fl E~ Fed~r,' MCP, Transportation Administrator / Attachments:No. 1 - Prq~osed Change Order Date: - AQ~ND~ ~.~.E~ No._ OCT 22 2002 CHANGE ORDER CHANGE ORDER #: 1 BID NO. 02-3387 PO #: 206678 TO: APAC-Florida, Inc. 14299 Alico Road Fort Myers, FL 33913 DATE: September 12, 2002 PROJECT NAME: North 11th Street Extension PROJECT #: 62021 Under our AGREEMENT dated: July 30, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Modify Roadway Layout on S.R. 29 necessitated by Florida Depa,-Iment of Transport. ation (FDOT) review as Identified in A~ached Exhibit "A". FOR THE total Additive Sum of: and sixty cents). $ 311733.60 (Thirty one Original Agreement Amount Sum of Previous Changes This Change Order (Deduct) This Chal,U~. ~r~.r (Add) Present Agreement Amount $ S. S $ $ thousand seven hundred thirty three dollars 144,150.50 0.00 175.884.10 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment; if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Cohtractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ? -/5 APAC-Florida, Inc. Wes Tanner, Vice President ,2002 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DANIEL G. HALL, PE Engineer By: EDWARD J. KANT, PE Transportation Operatio; AGENDA IT. EM I(,fA OCT 2 2 2002 PO. ~ £0/~:0 39~d S~bM,',I 1..'1 O~d~ EXECUTIVE SUMMARY A RESOLUTION TO PROHIBIT THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH-MOVEMENTS ON CERTAIN STREETS IN THE NORTHERN HIGH POINTE NEIGI-[BORHOOD. OB~VECTIVE: To gain Board approval of a Resolution to prohibit through-movement truck traffic on Frank Whiteman Boulevard, Hollygate Lane, Cooer Drive, Illinois Drive, Wisconsin Drive, and Ohio Drive between Goodlette-Fank Road and 10 Street North. CONSIDERATIONS: Frank Whiteman Boulevard, Hollygate Lane, Coop~.r Drive, Illinois Drive, Wisconsin Drive, and Ohio Drive between Goodlette-Fank Road and 10m Street North are relatively narrow roadways with no shoulders or sidewalks and many driveways, designed as low-volume residential streets. The light-duty pavement installation suffers from use of the roadway by large trucks. Use of these roadways by trucks over one ton capacity create a traffic situation adversely effecting the safe operation of the low-volume local vehicular, pedestrian, and bicycle traffic, as well as intruding upon the areas of the roadway used as the walking routes for school children walking to and from school bus stops. FISCAL IMPACT: The estimated cost of installing the eight necessary "NO THROUGH TRUCKS OVER 1 TON" signs is $800.00, for which funds are available in Transportation Services (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution prohibiting the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through-movements between Goodlette-Fank Road and l0th Street North on Frank Whiteman Boulevard, Hollygate Lane, Cooper Drive, Illinois Drive, Wisconsin Drive, and Ohio Drive, authorize the Chairman to execute the Resolution, and authorize the staff to erect the appropriate traffic control signs. PREPARRD BY: DATE: /~' - REVIEWED BY: /g nt, omtio O r tio Dir tor Norman j~.~ Feder, 3,ICP, TranSpOrtation Division Administrator DATE: OCT 222002 RESOLUTION NO. 02-~ A RESOLUTION TO PROHIBIT THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE i' ) TON FROM THROUGH-MOVEMENTS ON CERTAIN STREETS IN THE NORTHERN HIGH POINTE NEIGHBORHOOD. 4 5 6 7 8 9 10 WHEREAS, Chapter 316, Florida S:a~u:es, permits the BCC to regulate or prohibit any 1 1 classification or kind of traffic found to be ircompatible with the normal and safe movements of 12 traffic on roads and streets under its jurisdiction; and 13 WHEREAS, excessive through-truc~( traffic is not compatible with the existing road 14 conditions through the northern High Pointe neighborhood between Goodlette-Frank Road and 10~ 15 Street North since the streets are in fully developed residential areas and the pavement width, radii, 16 and right-of-way width are not conducive to through-truck traffic; and 17 WHEREAS, Frank Whiteman Boulev~r:l, Hollygate Lane, Cooper Drive, Illinois Ddve, 18 Wisconsin Drive, and Ohio Drive are a coctic~uous residential street network between Goodlette- 19 Frank Road and 10,~ Street North with roacway ,¢wct'~s to accommodate only Iow traffic volumes 20 traveling at how speeds; and 21 WHEREAS, the BCC has determired that t will be in the best interest and benefit of the ..~. citizens of Collier County to prohibit the movemem of t~rough-truck traffic witl3 a rated load-carrying capac~;y in excess of one (1) ton on these ce'-ta,r streets ~n the northern High Pointe neighborhood. 24 NOW THEREFORE, BE IT RESOLVED _=v THE E~OARD OF COUNTY COMMISSIONERS 25 OF COLLIER COUNTY, FLORIDA, that the :hr3u?-opera[~on of trucks and other commercial 26 vehicles hawng a rated load-carrying capacity ;n excess of one (1) ton is hereby expressly 27 prohibited on ti~e following streets between Goodiet~e-Fank Road and 10~ Street North: Frank 28 Whiteman Boulevard, Hollygate Lane, Cooper Drive, IF. inois Drive, Wisconsin Drive, and Ohio Drive 29 BE IT FURTHER RESOLVED that a.,tqor~zation is hereby given to the Collier County 30 Transportation Services Department to erect "Ho Through Truck" signs and vehicular load limit 31 signs in accordance with Chapter 316, Sections 316.006, 316.008, and 316.189, Florida Statutes, 32 and Collier County Ordinance No. 91-25, ~ 33 BE IT FURTHER RESOLVED that a sopy of this Resolution shall be tendered to e Collier 34 Coun~ Sheriff's Office for enforcement of the I~ad limits established herein. 35 BE IT FURTHER RESOLVED that the effective date of the vehicular load limit shall be after 36 written notification of the vehicular load limit is delivered to the Collier County Sheriff's Office and 37 upon posting of appropriate signage. No. t.ef _. - OCT 2 2 2002 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 day of This Resolution adopted after motio-h second, and majority vote favoring same this __ 2002. ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:. JAMES N. COLE'i-FA, Chairman Approved as to form and legal sufficiency: H~i F:As'htor~ Assistant Collier County Attorney AGEI~OA ITEM Pg. EXECUTIVE SUMMARY REMOVAL OF A NON-WARRANTED TRAFFIC SIGNAL FROM THE INTERSECTION OF GOODLETTE-FRANK ROAD AT THE DRIVEWAY TO THE ROYAL POINCIANA GOLF CLUB. REMOVAL OF THE TRAFFIC SIGNAL POLES AND EQUIPMENT WILL COST APPROXIMATLY $5000. OB,]ECTIVE: To remove a non-warranted traffic signal from the intersection of Goodlette- Frank Road at the driveway to the Royal Poinciana Golf Club. CONSIDERATIONS: The Board of County Commissioners is responsible for the approval and authorization of the installation of traffic signals on the County roadways. The continued operation of an unwarranted traffic signal is an impediment to the safe and efficient operation of the County roadway system. One of the consultant's tasks during the Feasibility Study phase of the Countywide Signal System project was to review all existing signals for conformance to the generally-accepted signal warrant analyses set forth in the Manual On Uniform Traffic Control Devices (MUTCD). During this review there were several signals in both the City of Naples and Collier County that were identified as potential candidates for removal. As the study progressed, it became apparent that the signal at Goodlette-Frank Road and Royal Poinciana Drive (identified in the study as Intersection No. 558) was not in conformance to the MUTCD standards. As part of its final work product, the consultant provided a Signal Removal Study for Intersection No. 558. Signal No. 558 was originally installed in 1990 at the direction of the then Board of County Commissioners (Item No.12D, November 15, 1988 - Attachment No. 1) in response to a request by the Royal Poinciana Golf Club, Inc. (RPGC). Among the conditions of approval of the installation were: 1) the payment of $20,000 by the RPGC; 2) the county's right of removal in the future, if found to be necessary or desirable; and 3) the right of the RPGC to retain the · salvage rights over the removed materials. The most recent engineering review of Intersection No. 558 by Kimley-Hom and Associates, Inc. (KHA) in conjunction with the Countywide Signal System Study recommends that this signal be removed (Attachment' No.2). ~FISCAL IMPACT: The Traffic Operations Section of the Transportation Operations Department estimates that the cost of removing this signal will be about $5,000. Funds are available in the Transportation Services Fund (101) as part of the Traffic Operations maintenance budget. Annual operating costs for the county's'signal system will decrease by about $2,500 from a reduction in electrical energy use and a reduction in personnel time for routine lamp and controller m~ AGF_,I~D,~ ITEM salvage value of the materials is estimated at about $3,000-$5,000. No. /{,J_ _/% "'~, OCT 2 2 2OO2 Executive Summary Authorize the Removal of a Traffic Signal Page 2 of 2 GROWTH MANAGEMENT IMPACT: This action will assist in growth management by increasing the traffic capacity of Goodlette-Frank Road in this segment. RECOMMENDATION: It is the recommendation of this Department that the Board of County Commissioners approve the subject Resolution, authorize the Chairman to execute the Resolution to deactivate and remove the traffic signal at the intersection of Goodlette-Frank Road at the driveway of the Royal Poinciana Golf Club, authorize staff to contact the Royal Poinciana Golf Club to ascertain their intent to exercise their salvage rights, authorize staff to dispose of the removed materials if the Royal Poinciana Golf Club does not wish to exercise their salvage rights, and direct the Transportation Operations Department to replace the traffic signal with appropriate "STOP" signs and pavement marking on the driveway approach. Ro~ Tipton, ~erations Manager Edward Kant, P.E,~ation Operations tArector . APPROVED BY: '),<' .! DATE: ~/'~//¢' Norman E.Feder, AICP Transportation Division Administrator DATE: List of Documents Attached: 1. Executive Summary (required) 2. Agenda Item 12D, November 15, 1988 3. Intersection No. 558 Signal Removal Study 4. Resolution OCT 2 2 2OO2 pg. 2 2 3 4 5 9 ~0 '~2 ~3 ~,4 5 ~6 ~.7 ',.8 ~9 20 :1 :2 !3 '_'4 :5 !6 27 RESOLLG'ION NO. 2002- RESOLUTION TO REMOVE A NON -WARRANTED TRAFFIC SIGNAL FROM THE INTERSECTION OF GOODLETUE-F~.ANK ROAD AT THE DRIVEWAY TO THE ROYAL POLNCIANNA GOLF CLUB WHEREAS, ~he Board of County Commissioners is responsible for the approval and authorization of the installation of traffic signals on the Coucty roacNx a)s, and WHEREAS, a traffic engineering study '~ as 9erformed and approved by a Professional Engineer registered to pracuce in the State of Florida and on the staff of the County's Transportation Operations Department; and WHEREAS, the study concluded that tae traffic signal at the intersection of Goodlette-Frank Road and the driveway to the Royal Poincianna Golf Club does not meet the minimum warrants for signalization, as set forth in the Manual on UniS>rm Traffic Control Devices, and has recommended the removal of said traffic signal; and WHEREAS, the Board Of County Corran:ssioners recognizes that the continued operation of an unwarranted traffic signal is an impediment to -.he safe and efficient operation of the County roadway system NOW, THEREFQRE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-ERS 2.' "" 3F COLLIER COUNTY, FLORIDA THAT thc traffic s:Tna! located at the intersection of Goodlette- 29 Frank Road and the driveway to the Royal Poir cianLa Golf Club be deactivated, removed, and replaced 30 with a "STOP" sign controlling traffic on the d'-], e',~ a', :'~ ,:n the Royal Poincianna Golf Club. 32 THIS RESOLUTION ADOPTED after motio:_ s~ccnd. ~ c m~2or ty vote favonng same this 33 dayof 2002. 34 35 36 37 38 39 40 42 43 45 47 48 49 50 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal Heldi F. ~sht~'n Assistant Collier County Attorney JAM:ES N. COLETTA, Chairman AGENDA ITEM OCT 222OO2 Date Su~ ed: 11 8 .-.- ~PaOP~A~ ~ZNS (C~RC~ OSm): (5) Proclamations & ~resentations, (6~) Plan ~nenclments, (6B) Zonin9 ~aen~ments, (6C) .._.~er~ (7A) BZA l~blic ltearin~ls Provisional Use (7C) Other, (8) Public Petitions; ~9A) Communit~ Development, W-~-~7 ~ Public Services, ~ ~7 (-~) g~m~n. Services; (9F) Cou~t~ager (10) Attorney; (11) Clerk; (12) BCC; (13) Other Constitutional Officers; ((14~ Consent Agenda; Division Head G F ArchiVists 11/2/88 Manager Date Item Title Recommendation that the Board of County Commissiosners consider the merits of ~ coordinated signal system instllation on Goodlette-Frank Road at the intersections with Sola Road and Royal Poinciana Drive. - -. ...... :-'.:..'x~"-- - uist of Oo=~,~nts atta=~_ ' -- '. ;:2.:: "": ~:':~!'~'<!. ~: 1. Exe~Itive Summary (req~_ red).. ' e.,.. -. 3. :''-'.-; .... :'-":-':': ': - '-'--':":-'t'-'~."'xr'*~v~:::;" 1/87-S13 ' 5. ATTACHMENT NO. :PAGE OF C~FXI~%TIC~= ~e Public Wonks Divisic~ has rece/ved a mumber of ~-for a sig~] systs~ at Goodl~Fzank ~ and Boyal Poinciana D~l~. A site study _h~-~ been perfczmed to detezndne the warrants fc~ a sigr~! ir~Tallatic~; the results of the study are su~m=~zed as folly: mately 3O0 feet south of the intersection of Goodlettm-Frsnk ~oad ar~ Solana ~; the intersection has a no~ right-turn lane, a median opening, and a modified mcuthbound left-turn lane. Due to the intarsection in question being locat~ close to the ~ signalized Ln~on at Solana Road, there are concerns as to poss~ ~r~i~s .,~h Lnta~--~cti~n m~¢~r~nts ~--~ediate!y ~ +~ north at Gccdle~Frank Road and Solana Road. Traffic Stu~ 1. Volumes (ADT) as of Oc~Noer, 1988: Gocdle~~ Road ....................................... 22,123 294 Royal Poinciana Drive ....................................... ~'725 Solana Road ................................................. ' Accident location follows: year, Data - Fortunately, accident h/story at the general is not reflective of a pruble~; ac~_ ~ accident by ymsr 1986 5 0 1987 6 1 '7 x OCT 2 2 2002 e signal ~ may very ~ ir~-~ase clelays at the '~ ' PAGE 'OF' e Site Distance - Sight distance excellent; sight d/st2u-z~ c~ Boyal Poinciana Drive ~s accede, property owners south of the the above infozmatic~, ~caff does r~t ~,~ wazl-arfcs exist for signal syste~ expansic~/ins~l ]atic~ at Oounty __~3~t_. Should a signal be co~s~ by at Solana Road. cost is $55,000. V' 3. ~he County !shall operate the signal system and reserves the right to a. Modify signal syst~n opexation. b. Operate signal s~ in flash n~de. c. Rs~cve the signal s~. ~ above reservations are subject to appropriate traffic s~_ ~ies, ar~ any sud~ action by staff would be subject to appeal before the Board of C~ Cuu~dssicners. Should future conditic~s justify signal r~w~val, the salvage value of equipment as determined by the O=unty at the time of signal femoral may be re~ to the appropriata pr~ owner(s). FISCAL ~: As outlined above, the only long-term impact to Collier County would be operatir~ costs estimated at be~.n $2,500 and $3,000 per year. REO~f~ZgtTIC~q: That the Board of County C~/ssi~ consider the signal installation and a(~ct staff acco~ly. G. F. Arch/bald, G. F. Archibald, P-E- ~~Q~ r7~'~'~ GFA:mk: 102688 ATTACHMENT NO., PAGE , OF Signal Removal Study for Submittal to Collier County and the Florida Department of Transportation Signal Removal Study Goodlette-Frank Road and Royal Poinciana Boulevard Intersection # 558 Prepared by: Kimley-Hom and Associates April, 1998 Tampa, Florida OCT 22 2OO2 TABLE OF CONTENTS Page INTRODUCTION .............................................................................................................. 1 PROCEDURES .................................................................................................................. 2 PRELIMINARY INTERSECTION ANALYSIS ...........................................................3 1. Sight Distance Adequacy ............................................................................................. 3 2. Special Site Conditions ................................................................................................ 3 3. Signal Installation Warrants ......................................................................................... 4 4. Special Justifications .................................................................................................... 4 5. Collision Changes After Signal Installation ................................................................ 4 DETAILED INTERSECTION ANALYSIS .................................................................... 5 1. Collision Impacts ......................................................................................................... 5 2. Traffic and Flow Related Impacts ................................................................................ 6 3. Jurisdiction Related Cost ............................................................................................. 7 4. Other Factors ................................................................................................................ 7 RESULTS ........................................................................................................................... 7 CONCLUSIONS ................................................................................................................ 8 REFERENCES ................................................................................................................... 9 ATTACHMENT NO. 1 PAGE OF o.AI~N~ ITEM OCT 2 2 2002 Signal Removal Study at Goodlette-Frank Road and Royal Poinciana Boulevard (0558) INTRODUCTION Many form~q of traffic control devices regulate the flow of conflicting traffic streams at intersection locations. Of these devices, "the traffic signal provides the strongest form of at-grade intersection control''~. Although signals can improve intersection operations at warranted locations, they may cause increased safety concerns at locations where they are not warranteck The Federal Highway Administration (FHWA) has created guidelines in the Manual on Uniform Traffic Control Devices 0VIUTCD) to determine the appropriateness of signal installation at intersection locations. Although these warrants provide guidance in the installation of traffic signals, many times public or political pressure may influence the installation of traffic signals at unwarranted locations. In the Federal Highway Adrnimstration's Criteria for Removing Traffic Signals, Technical Report a procedure is developed to determine whether unwarranted traffic signals should be removed. It compares the cost and safety impacts associated with maintaining the unwarranted traffic signal with the potential cost and safety impacts of removing the signal. This report documents the results of a study of the currently signalized intersection of Goodlette-Frank Road and Royal Poinciana Boulevard (Intersection #558) in Collier County, Florida. The 1980 Federal Highway Administration document Criteria for Removing Traffic Signals, Technical Report is used in conjunction with The User Guide For the Removal of Not Needed D'affic Signalsto determine if the subject traffic signal should be removed or retained. The subject intersection is located on Goodlette-Frank Road approximately 300 feet south of the Solana Road/Burning Tree Drive signalized intersection in Collier County, Florida. Goodlette-Frank Road is a four-lane grass-median-divided highway, which serves as a north/south arterial. Royal Poinciana Road is the east leg of this T-int~section and serves primarily as the entrance to Royal Poinciana Golf Club. The in.tgrsection geometry includes two through lanes and an exclusive right mm lane for the northbound approach, two through lanes and an exclusive left-mm lane for ~e southbound approach, and exclusive left- and fight-mm lanes on the westbound Approach. On July 5, 1988, the Board of County Commissioners addressed a request from the Royal Poinciana Golf Club explaining that traffic volumes and collision experience fall far short of the MUTCD warranting criteria. At this time it was recommended that the Club address the potential addition of a secondary entrance along Burning Tree Drive. On November 11, 1988 a letter recommended that the Board of County Commissioners review the merits of a coordinated signal system installation at the intersections of 3 User Guide For Removal of Not Needed Traffic Signals, Federal Highway Admini.qtration DC: November 1980), pg. 1. 1 ATTACHMENT NO. PAGE OF OCT 2 2 20O2 Goodlette-Frank Road with Solana Road/Burning Tree Drive and Royal Poinciana Drive. In this review, the Public Works Department did not conclude that warrants existed for the signal system expansion/installation at County cost. Should the signal be considered by the Board, the cost of signal system design, installation, and coordination was to be borne by the benefiting property owners along Royal Poinciana Drive, and the County would reserve the right to modify the signal operation, operate the signal in a flashing mode, or remove the signal. The subject traffic signal was installed and placed in operation in early 1990, and has subsequently been operated and maintained by Collier County. The traffic signal at the subject intersection operates as a three-phase senti-actuated controller. The three phases of the controller include a southbound protected left-mm and through phase, a north-south through phase, and a side-street phase. No pedestrian fe. amms exist at the subject intersection. Based on March, 1997 traffic volume data, this traffic signal does not satisfy any hours of the MUTCD volume warrants. It is expected that minimal changes in volumes and driving patterns will occur at the intersection. Further analysis of vehicular volumes are explained in the signal installation warrant section of the preliminary intersection analysis of this report. The detailed volume data used in the study is included in the Appendix of this report. Historic collision data was collected for the subject intersection, and is included in the Appendix. The collision diagram for the 12-month period from January 1, 1996 to December 31, 1996 shows the four collisions that were reported at the intersection during that 12-month period. Two of these four collisions are determined to be relevant to the intersection operation, and were used in the detailed analysis to estimate the potential safety impact of signal removal. PROCEDURES In order to study the need for removal of the subject traffic signal, the procedures summarized by the Federal Highway Administration in the User Guide to the Removal of Not Needed Traffic Signala and in the Criteria for Removing Traffic Signals, Technical Report were used. These procedures consist of two parts: (1) the initial preliminary analysis and (2) the detailed analysis. The preliminary analysis determines whether signal removal is appropriate, while the detailed analysis quantifies the cost and benefits from potential signal removal. The preliminary analysis addresses the following five topics of concern for signal removal: 1. Sight distance adequacy 2. Special site conditions 3. Signal installations warrants 4. Special justifications 5. Collision changes after signal installation (optional) ATTACHMENT ~0. PAGE OF A~[NI~ ITEM OCT 2 2 2002 If the preliminary analysis concludes that signal should not be removed, the detailed analysis is not necessary. If the preliminary analysis concludes that the signal should be removed, a detailed analysis can be performed to estimate the benefits and costs associated with signal removal. The detailed analysis estimates and qu_antifies changes in intersection operations in colhsion frequency, traffic-related impacts (such as stops, delays, and excess fuel consumption), and jurisdiction-related cost (such as signal removal cost, and maintenance cost). The detailed analysis should analyze opposition/support for signal removal, and determine an appropriate strategy to respond to any anticipated opposition. "Technical findings from the detailed analysis should provide a strong factual basis for reaching, supporting, and defending the final decision or recommendation. ,,2 PRELIMINARY INTERSECTION ANALYSIS 1. Sight Distance Adequacy The Federal Highway Administration has found that adequate sight distance is related to the number of collisions at a given intersection. Page 44 ofFHWA's pubhcafion Criteria for Removing Traffic Signals, Technical Report~ refers to the Transportation and Traffic Engineering Handbook4 which recommends that traffic signals should be retained on highways with a design speed of 30 mph or higher and a comer sight distance of less than 300 feet. The comer sight distance is defined as the sight distance along the crossing street that a driver observes at an eye height of 3.75 feet when he is located a minimum of 15 feet from the edge of pavement to a point on the cross road at a height of 4.5 feet. Field observations at this intersection revealed that sight distances are adequate in all directions. 2. Special Site Conditions As explained in the FHWA pubhcation, two special site conditions make signal removal institutionally unfeasibles. These conditions are: (1) signals located at major traffic generators where sharp peaks occur during the commuting periods, and (2) signals located near special generators which generate substantial special-category pedestrian traffic perceived as hazardous by those opposing removal. If either of these conditions exist, it is recommended to discuss signal removal with affected employment representatives prior to making any in-depth analysis. The subject traffic signal is located at the Royal Pointcana Golf Club entrance, where side-street volumes were observed to produce minimal vehicular volumes and pedestrians. Therefore, it was determined that no special site conditions exist at the subject traffic signal. ~ User Guide For Removal of Not Needed Traffic Signals, pg. 24. a Kay, J.L., L.G. Neudorff, and F. A. Wagner. Criteria for Removing Traffic Signals, Technical Report (Washington D.C.: September 1980), pg. 44. 4 Bacrwald, J. £. (ed.), Transportation and Traffic Engineering Handbook (New Jersey: Prentice-Hall, Inc., 1976), pg. 613. s User Guide For Removal of Not Needed Traffic Signals, pg. 15. [AIIACHh~ENI ~0._ PAGE OF A(:~N~k ITEM OCT 2 2 2002 3. Signal Installation Warrants On Monday, April 2, 1997, eight hours of turning movement counts were collected. A total of 20,136 vehicles and no pedestrians were counted during the eight-hour study period. When evaluating the MUTCD warrant criteria, "side-street approach volumes should consider the effects of the fight-mm vehicles''~. Since the subject intersection contains exclusive right- and left-mm lanes on Royal Poinciana Drive, fight-turn volumes were excluded in the signal warrant analysis. Detailed data from the turning movement counts and a summary of the vehicular volume warrants are included in the Appendix. Results show that the MUTCD signal installation warrants were not satisfied by these volumes. The "Minimum VehiC~ular Volume Warrant, Warrant 1"7 of the MUTCD is sat/stied for zero hours, and the '~Combination of Warrants, Warrant 8''~ of the MUTCD is satisfied for a total of one hour. No changes in vehicle patterns are expected for the subject intersection that may alter the current intersection volumes. The FHWA hasldetermined that vehicular volume, along with sight distance characteristics, contributes significantly to collision frequency at an intersection. The FHWA User Guide explains that "traffic volume magnitude (as measured by the number of hours per day when traffic volumes satisfy at least 60 percent of the signal installation traffic volume warrant #1)''9 has a significant effect on the collision outcome. When the volumes are analyzed at 60 percent of the warranting criteria, the subject intersection still fails to satisfy any of the Minimum Vehicular Volume Warrant, Warrant 1. A summary of this analysis is included in the Appendix. 4. Special Justifications The FHWA User Guide states: "there are undoubtedly cases where unwarranted signals have been installed as a result of pressure fi.om a small special interest group based on reasons which either are no longer perceived as a problem or can be shown to be invalid." It is speculated that Royal Poinciana Golf Club influenced the installation of the subject traffic signal. If this report displays appropriate justification for signal removal, appropriate measures may need to be taken to inform Royal Poinciana Golf Club. 5. Collision Changes After Signal In~qtallation The FHWA User Guide states that where signal installation is relatively recent (for example, five to ten years old), where adequate collision data is available, and where traffic volumes have not changed substantially during the life of the signal, collision data prior to signal installation may be compared with collision data after signal installation. Manual on Uniform Traffic Control Devices for Streets and Highways (Washington DC: 1988), pg. 4C-3. Manual on Uniform Traffic Control Devices for Streets and Highways (Washington DC: 1988), pg. 4C-3. Manual on Uniform Traffic Control Devic~ for Streets and Highways, pg. 4C-7. User Guide For Removal of Not Needed Trafftc Signals, pg. 6. ATTACHMENT'~O. PAGE OF AGENDA ITEM OCT 2 2 2OO2 pg. t~- Although the age of the subject signal is within the last ten years, inadequate collision data collected before signal installation makes it unfeasible to compare collision changes at the subject intersection. DETAILED INTERSECTION ANALYSIS Since the preliminary analysis shows no reasons for the candidate traffic signal to be retained, a detailed analysis should to be completed to predict the impacts that will result from signal removal. Collision impacts, user impacts, and jurisdiction-related cost impacts are addressed in the detailed analysis to provide a technical basis for the final decision to remove or not remove the signal. Because of the high volumes on the major street and Iow volumes on the minor street (the major street volume/minor street volume ratio is greater than 3:1), the costs and benefits in the detailed analysis are related to replacing the subject traffic signal with stop control on Royal Poinciana Boulevard. 1. Collision Impacts Prediction models for estimating the coil/sion impacts of replacing traffic signals with stop control were developed in the FI-t-WA Criteria for Removing Traffic Signals, Technical Report. This report analyzes the subject traffic signal using multiple regression. This relates the intersection volume measured by the number of hours meeting 60 percent of the MUTCD Vehicular Volume Warrant, Warrant #1, and the annual collision frequency before signal removal. The following empirical equation was derived in the FHWA User Guide~°: Y = 1.01 + 0.139 (X0- 0.605 (X:) Where: Y = Estimated change in average annual collision frequency resulting from signal removal X~ = Volume magnitude as measured by the number of hours per day when traffic volumes satisfy at least 60 percent of the signal installation volume warrant MUTCD Warrant # 1. X: = Average annual collision frequency at the intersection prior to signal removal. As displayed in the Signal Removal Analysis Worksheet included in the Appendix, the subject intersection does not satisfy any of the MUTCD Warrants #1 at the 60 percent reduced criteria. Two of the four collisions collected from January, 1996 to December, 1996 were determined to be related to the signal operations, and were used to predict the number of collisions under stop control. Results from this multiple regression analysis predict a decrease in collision fi:equency of 0.2 collisions per year under stop control. ~o User CuRie For Removal of Not Needed Traffic Signals, pg. 20. 5 ATIACHNIENT NO. PAGE OF OCT 22 2OO2 pg. I ~ 2. Traffic and Flow Related Impacts The FHWA User Guide provides a step-by-step procedure which uses different nomographs and worksheets to estimate the difference in 24-hour traffic related impacts between signal operation and stop control. In order to evaluate the traffic related impacts for the intersection, average volumes are calculated for both the peak-hour and the non- peak hours at the intersection. Average peak-hour intersection volumes are determined by summing the average total main-street approach volumes for the two highest hours with the average side-street approach volume for the two highest hours. This volume is then used to evaluate traffic and flow related impacts under signal control and two-way stop control for the peak two hours of operation using appropriate homographs for the subject intersection geometry. Average non-peak hour intersection volumes and impacts are determined by following the same procedure for the remaining 22 hours of operation. Summary worksheets and nomographs used in the calculations of traffic and flow related impacts are provided in the Appendix. Signal and stop control traffic and flow related impacts for the subject intersection geometry were evaluated using Figures 14 and 15 fi:om the FHWA User Guide. These nomographs provide information to determine associated impacts for major street volumes up to 1,000 vph. Because the subject intersection major street volumes exceed 1,000 vph, the expected benefits related to traffic impacts used in this report are predicted to be conservative. Whenever appropriate, nomograph trendlines were extrapolated for side street volumes less than 25 vph to estimate the benefits of signal removal during non-peak hours. These FHWA User Guide figures are included for reference in the Appendix. Results fi:om the 24-hour analysis of impacts predict the following reductions in traffic and flow related impacts: Traffic ~1 ]~ecrease~r I~ecrea~se ~er Decrease per Impact :~ V~ Day ..... Year Idling Delay (veh-hrs) 0.0007 26.8 8,576 Total Delay (veh-hrs) 0.0019 67.4 21,568 Total Stops (vehicles) 0.28 10,100 3,232,000 Excess Fuel (gallons~) 0.0017 62.4 19,968 ATTACHMENT NO. IPAGE OF ITEM OCT 2 2 2002 3. Jurisdiction Related Cost Jurisdiction related costs weigh the estimated cost to continue signal operation verses the cost of signal removal. General signal operation costs used for this report include annual maintenance, electrical, and signal timing costs. Signal removal costs include hardware removal, stop-sign installation, and annual sign maintenance cost. Tables 3, 4, and 5 of the FHWA Users Guide provide estimated ranges of cost savings associated with signal removal. It estimates that the annual cost savings from signal removal will be between $341 and $3,416. In November of 1988, the estimated annual operating cost for the subject traffic signal was projected to be between $2,500 and $3,000, which falls within the cost set forth in the FHWA Users Guide. Below is a table summarizing these results. All costs in the table have been converted to annual costs based on a capital recovery factor of 15 years at 12 percent interest. Calculations are shown on the Signal Removal Analysis Worksheet included in the Appendix. 'Operation COSt Cost ~::~::.~-~ !~:~~al COst' !ii :i~ Electrical $50 -$550 Hardware Removal $142 - $ 426 Maintenance $750 - $3,000 Install Stop Signs $7 - $18 Annual Stop Sign Timing $24 Maintenance $5 - $15 Total $$00 - $3,570 Total $154 - $459 4. Other Factors Opposition to signal removal could be expected from Royal Poinciana Golf Club. A correct plan of action should be created to determine appropriate measures to respond to this expected opposition. RESULTS Since the preliminary analysis of the subject intersectio~ provided no reason to retain the subject traffic signal, a detailed analysis was performed t0 quantify cost and benefits associated with signal removal. These technical findings in the detailed analysis provide a slxong basis for removing the signal at the subject intersection. Below is a list of the findings in both the preliminary and detailed analysis of this report. Preliminary Intersection Analysis Field observations at the subject intersection revealed that sight distances are adequate in all directions. A'[TACHMENI N~. PAGE AGEND~ ITEM OF · No special site conditions were observed. No major traffic generators, or special generators with large pedestrian activity are located near the subject traffic signal. The subject traffic signal currently does not meet any of the MUTCD signal warrants. It also does not meet any hours at or above 60 percent of the Minimum Vehicular Warrant, Warrant # 1. · Appropriate measures should be taken to inform Royal Poinciana Golf Club of the technical findings for signal removal. · Changes in collision history prior to and after signalization were not compared because of inadequate collision data before signal installation. Detailed Intersection Analysis Without satisfying any hours of 60 percent of the MUTCD Minimum Vehicular Warrant, Warrant #1, it is predicted that the subject intersection will experience a decrease in collision frequency of 0.2 collisions per year upon signal removal. It is predicted that the subject intersection will experience more than 8,500 vehicle- hours of annual idling delay savings, more than 21,500 vehicle-hours of annual total delay savings, more than 3 million less stops per year, and almost 20,000 gallons of fuel saved per year upon signal removal. · It is predicted that the annual cost savings will be in the range of $650 to $3,100. CONCLUSIONS Based on the data collected in this study, the results described in the preliminary analysis, and the results described in the detailed analysis, it is predicted that signal removal of the subject traffic signal will result in improvements in collision rate, delay, fuel consumption, stops, and annual cost. Therefore, it is recommended that Collier Count~ initiate orderly procedures to remove the signal at the subject intersection. It is also suggested that the possibility of constructing a direct access to the Royal Poinciana Golf Club fi'om Burning Tree Drive be investigated. [~lT~CttMEffl' NO.8 - IP~GE OF - %,, OCT 22 2OO2 REFERENCES 1. JHK & Associates and Wagner-McGee Associates. User Guide For Removal of Not Needed Traffic Signals. Federal Highway Adminiswation. November 1980. 2. Kay, J. L., L. G. Ncudorff, and F. A. Wagner. Criteria for Removing Traffic Signals, Technical Report. September 1980. 3. Baerwald, J. E. (ed.). 1976. Transportation and Traffic Engineering Handbook. New Jersey: Prentice-Hall, Inc. 4. Manual on Uniform Traffic Control Devices for Streets and Highways. U.S. Department of Transportation. Federal Highway Administration. 1988 Edition. ATTACHMENT NS P~GE OF AOt~NC)~ ITE~M No. OCT 2 2 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A MUTUALLY BENEFICIAL AGREEMENT BETWEEN OUTDOOR RESORTS OF AMERICA, INC. AND COLLIER COUNTY TO MANAGE STORMWATER FOR PROPERTY ALONG IMMOKALEE ROAD IN THE AMOUNT OF $105,920.00 (PROJECT NO. 60018). OBJECTIVE: To execute an agreement allowing Collier County to discharge a portion of Immokalee Road stormwater into property owned by Outdoor Resorts of America, Inc. for treatment before discharge through an outfall within the Immokalee Road right-of- way to the C.R.951 Canal. CONSIDERATION: Outdoor Resorts of America, Inc. (hereinafter the Developer) proposes to develop property along Immokalee Road for a motorcoach resort and as part of the resort, the Developer plans to construct an onsite stormwater management system. The County is currently improving Immokalee Road from a 2-lane roadway to a 6-lane roadway and is also constructing a stormwater management system. Both parties desire to work together to develop a stormwater management system that benefits both parties, is not duplicative, and is cost effective. The South Florida Water Management District has indicated their support for this approach. The attached agreements assign specific responsibility to both parties for developing a stormwater management system that achieves both parties' goals. Outlining the agreements the Developer desires to discharge treated stormwater generated by the proposed motorcoach site through the County's Immokalee Road stormwater system. The County desires to direct untreated stormwater generated by the roadway to the Developer's retention basin for treatment. To do this, the Developer has agreed to construct a system within the Developer's propert? to accommodate stormwater generated from a portion of the County's road project and all of the Developer's motorcoach project. In mm, the County agrees to pay the Developer the sum of $105,920 to obtain easement rights for stormwater management and convey treated stormwater through the system established by the road. In the eveffthe Developer does not construct the stormwater management system by June 30, 2003, the County may construct an alternative system within the designated easement area specifically limited to the road improvement project. The. Developer is obligated to maintain the stormwater system within its property. The County is obligated to maintain the stormwater system within the road right-of-way FISCAL IMPACT: The appraised value for acquiring property necessary to construct a stormwater retention basin solely for the improvements to Immokalee Road are estimated at $605,000. By working with the Developer, the County's cost to purchase a drainage easement is $105,920. The County's cost to upgrade the conveyance system to accommodate the Developer's discharge is comparable with the Develo construct the additional improvements to the Developer's stormwater system. By working with this property owner, the County is realizing a cons nanaga~ A ITEM lerab~e°' OCT 2 2 Executive Summary Outdoor Resorts of America, Inc. Page 2 savings. Funds in the amount of $105,920 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes or Impact Fees. GROWTH MANAGEMENT IMPACT[ The agreement facilitates construction of Immokalee Road (CEI No. 71) which is consistent with the County's Growth Management Plan. RECOMMENDATION,[ That the Board of County Commissioners: (1) Approve the attached agreement. (2) Authorize the Chairman to execute the attached Resolution. (3) Authorize the Chairman to execute any necessary documents associated with the conveyance of any real estate conveyances needed to accomplish this proj~~f. ~l~ynn ~. Thorpe, Principal Project Manager Transportation Engineering and Construction Management Dept. APPROVED By: .~ .~ ~ DATE: /C) -//--OZ Gregg R. Strakaluse, Director Transportgtion Engineering and Construction Management Dept. Norman]E. Feder, AICP, Administrator Transportation Division DATE: /O AGENDA ITEM No. 0 CT 2 2 2002 pg. 2.- AGREEMENT FOR SURFACE WATER DETENTION/RETENTION AND DISCHARGE THIS AGREEMENT FOR SURFACE WATER DETENTION/RETENTION AND DISCHARGE (the 'Agreement'), made and executed this ~ day of ., 2002, by and between OUTDOOR RESORTS OF NAPLES, INC., a Florida. corporation (the "Developed'), whose address is 2400 Crestmore Drive, Nashville, TN 37215, and COLLIER COUNTY, a political subdivision of the State of FIodda, whose address is 3301 Tam/ami Trail East, Naples, FL 34112-4902 (the "County); WITNESSETH WHEREAS, Developer is the owner of that certain property, located in Collier County, south of Immokalee Road, as more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, Developer intends to develop a motorcoach resort and appropriate support facilities on the Property (the "Project"); and WHEREAS, the Project includes an integrated stormwater management system within the Property (the "Stormwater System" as hereinafter further defined); and WHEREAS, the County is the owner of that certain right-of-way known as Immokalee Road, which borders the Property to the north; and WHEREAS, the County desires to make further improvements to and/or extensions of Immokalee Road; and WHEREAS, the County desires to utilize the Stormwater System located on the Property for surface water drainage and discharge from Immokalee Road; and WHEREAS, Developer desires to discharge accumulated stormwater from the Property through a drainage system and outfall pipe to be located within the Immokalee Road right-of- way; NOW THEREFORE, in consideration of the mutual covenants of the parties as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: {OR4,82278;4.5} Page 1 of 8 AGENDA IT~ M. I OC'[ 2 2 2.002 pg. ~ 1. Definitions (a) "Stormwater System" shall mean and refer to an integrated stormwater and surface water management system whereby the surface water from a portion of the Immokalee Road right-of-way enters the Property and is treated on the same as part of an integrated stormwater management system before being discharged from the Property through an outfall or drainage pipe within the Immokalee Road right-of-way, with ultimate discharge into the 951 Canal located at the intersection of the Immokalee Road outfall or drainage pipe and County Road 951. (Desc, dption A-l) (b) "Point of Entry" shall mean and refer to the point at which water from Immokalee Road shall enter the Property for treatment in the Stormwater System. (c) "Point of Discharge" shall mean and refer to a point approximately one- half to three-quarters of a mile west along Immokalee Road to an existing box culvert located south of the Cocohatchee Canal on the east side of C.R. 951. (d) "Default System" shall mean and refer to an integrated stormwater and surface water management system whereby the surface water from a portion of the Immokalee Road right-of-way enters the Property and is treated on the Property in a 3.31 acre detention/retention pond developed by the County. Said detention/retention pond is separate and distinct from a like kind system that may be developed by the Developer and as such the stormwater and surface water collected in said detention/retention pond will be discharged from the Property through a drainage pipe in the Immokalee Road right-of-way to a discharge point located at the Cocohatchee Canal. (Description A-2) 2. Construction of Stormwater System by Developer (a) Developer shall construct and install the Stormwater System, at its expense, from the Point of Entry to the Point of Discharge. (b) Developer shall construct the Stormwater System in accordance with the plans and specifications, as prepared by Wilson-Miller Engineers, entitled Environmental Resource Permit Plans for Motorcoach Resort of Naples dated April 1, 2002 and consisting of sheets 1 through 8 which have been reviewed and approved by the County. It is recognized that these plans and specifications will be augmented by plans and specifications developed by the County's engineers, CH2MHilI, and that the plans developed by CH2MHill will be used by the Developer to obtain the Right-of-Way Permit and construct that portion of the Stormwater System located within the County within the hereinafter described. (c) In constructing the Stormwater System, Developer shall comply with all applicable laws, rules, regulations and ordinances imposed by Collier County or other applicable governmental agencies and authorities. 3. Stormwater Easement convey to the County, its successors and assigns, free and clear of all liens an( a perpetual, non-exclusive (appurtenant) easement in substantially the form aU over and through that portion of the Property designed for use in the StormwatE {OR482278;4.$ } Developer will within thirty (30) days of the execution of this Agreement, grant and Page 2 of 8 exclusive purpose of surface and stormwater drainage and flow from a portion of the Immokalee Road right-of-way into the Stormwater System, (the "Stormwater Easement"; Exhibit "B"). The Stormwater Easement will, by its terms, contain two legal descriptions. Description A-1 will remain in full force and effect and constitute the encumbered property until June 30, 2003, when the County will determine if the Stormwater System has been completed as contemplated by this Agreement. If the Stormwater System has been completed as contemplated by this Agreement, then Description A-1 will remain in full force and effect and Description A-2 will be terminated and cancelled for all purposes. For purposes of this Agreement a completed Stormwater System shall be one that is suitable for operation and has had a final inspection and approval by the County. If on June 30, 2003, the Stormwater System has not been completed as contemplated by this Agreement, then the County may construct the Default System, at its expense, within the lands described on Description A-2 attached to Exhibit "B" and in such event, Description A-1 will be terminated and cancelled for all purposes. It is the intention of the parties to provide a mechanism to adjust and change the lands encumbered by the Stormwater Easement depending on the performance or lack thereof by the Developer. Accordingly, in the event the Developer fails to construct the Stormwater System contemplated by this Agreement, then the Default System described herein will be the operative system on the Developers land and under the Stormwater Easement. The County will record in the Public Records of CoLlier County, Florida an Affidavit specifying whether or not the Stormwater System has been completed as contemplated by this Agreement not later than July 6, 2003. If the Developer does not complete the construction of the Stormwater System by June 30, 2003 and the County has constructed the Default System, then the County will maintain the Default System at its sole cost and expense. In the construction of the Default System, the County will have the right, and the responsibili .h/, to manage and dispose of the fill excavated for the construction of the Default System, including without limitation the construction of the 3.31 acre stormwater detention/retention pond. The County will continue to have the use and benefit of the Default System created pursuant to this paragraph in perpetuity and consistent with the terms and conditions set forth in the Stormwater Easement as described herein. The Developer shall not have a right to access nor store stormwater or surface water naturally occurring on the Developer's Property in the detention/retention pond constructed on the Property as a part of the Default System absent a separate agreement and undertaking with the County, but will, in the further development of its Property be required to develop a separate system for managing stormwater and surface water occurring on the same. 4. Contractor Selection (a) Developer shall be solely responsible for procurement and selection of a contractor for construction of the Stormwater System. Developer shall select the contractor through an invitation-to-bid process. (b) In addition to warranties and rights provided to Developer, any and all contractors, sub-contractors, matedalmen and suppliers selected by Developer for construction of the Stormwater System shall additionally provide third-party beneficiary dghts in favor of County and the County shall be identified in all such contracts as a third-party beneficiary of the same. (c) Developer shall, upon completion of the Stormwater S! the County a five (5) year Warranty Bond on the construction and installatior {OR482278;4.5} Page 3 of 8 AGENDA ITEM m-.. ~tem ,N ~A4de-t~*L- L) of the portion of OCT 2 2 2002 pg..~ the Stormwater System lying in Immokalee Road and identified herein as the drainage and outfall pipe. The Warranty Bond shall be in a form reasonably satisfactory to the County and written by a company licensed to do business in the state of Florida. 5. Inspection/Transfer of Stormwater System Upon Completion (a) During the construction of the Stormwater System, the County shall periodically inspect the Stormwater System, including that portion of the Stormwater System being constructed within the Immokalee Road right-of-way and County shall promptly notify Developer of any deficiencies or non-conforming work within the Stormwater System so that the same may be remedied. (b) The Developer shall notify the County in writing (Notice of Completion) when the Stormwater System has been completed and the County shall, within ten (10) working days of receipt of the Notice of Completion, inspect the Stormwater System to ensure compliance with ;!~ rules, requirements, and obligations imposed by the County, the Right-of- Way Permit and tl~e Plans and Specifications for the design and construction of the Stormwater System. If the County determines that the Stormwater System has been constructed in accordance with the rules, requirements, and obligations imposed by the County, the Right-of- Way Permit and the Plans and Specifications, then the County shall notify Developer of its acceptance of the Stormwater System, other'wise the County shall specify in wdting the nature and extent of the County's objection to the same. (c) Upon County's acceptance of the Stormwater System, Developer shall transfer to the County, by Bill of Sale, ownership and control of those portions of the Stormwater System lying outside of the Property at no cost to the County, PROVIDED HOWEVER, such Bill of Sale will reserve and retain in favor of the Developer, its successors and assigns, a right in perpetuity to cause the retained or detained water originating on the Property to be discharged through the outfall or drainage pipe constructed as a part of the Stormwater System within the Immokalee Road right-of-way as contemplated by this Agreement. Additionally, Developer shall assign any and all warranties and contracts relating to the Stormwater System previously provided to Developer, including, without limitation, the five (5) year Warranty Bond described in paragraph 4(c) above, and upon submission and acceptance of same by County, Developer shall be released and discharged from any and all obligations, duties, costs and/or damages directly or indirectly related to or adsing out of the design and construction of the Stormwater System. 6. Maintenance and Repair of Stormwater System (a) Following transfer of the portion of the Stormwater System lying outside the Property to the County, Developer shall be obligated to maintain, repair and replace, at its sole cost and expense, portions of the Stormwater System contained within the Property. If Developer fails to do so, the County shall give Developer written notice of the deficiencies and allow Developer 14 days within which to correct such deficiencies. If Developer fails to correct the deficiencies within such time, the County may perform the necessary maintenance, repair or replacement, and Developer shall reimburse County for the costs and expenses of doing so on or within 30 days after written demand. Developer shall grant the County reasonable access to the Property for performance of the County's obligations under this provision. ~ not intended to limit Developer's right construct improvements to or to perform r alme/~oa, nce or repairs with respect to the Stormwater System, so long as such activities and im ~roveh~--~o---r OCT 2 2 ?.00 {oR~:~?s;4~} Page 4 of 8 pg __ _~ .... not adversely affect the County's use of the Stormwater System for drainage purposes. NOTWITHSTANDING the foregoing, if there is an emergency such that the Stormwater System or the operation or failure of the same to operate, causes or is likely to cause an imminent threat to the public health, safety and welfare, then the Developer shall have twenty-four (24) hours within which to remedy the described problem, otherwise the County may proceed to do so. Emergency Notice may be commun, icated verbally and confirmed in writing delivered electronically or by FAX. (b) Following transfer of the portion of Stormwater System lying outside the Property to the County, the County shall be obligated to maintain, repair and replace, at its sole cost and expense, those portions of the Stormwater System located outside the Property, including, without limitation, the drainage or outfall pipe lying in Immokalee Road. If the County fails to do so, Developer shall give the County wdtten notice of the deficiencies and allow the County 14 days within which to correct such deficiencies. If the County fails to correct the deficiencies within such time, the same shall constitute a default under this Agreement and the- Developer shall have such rights and remedies as are allowed under the law. 7. Payment by the Count~. The County shall pay to the Developer the sum of One Hundred Five Thousand Nine Hundred Twenty Dollars ($105,920.00) in consideration of the grant of the Stormwater Easement, said sum to be due and payable within thirty (30) days of the execution and recordation of the Stormwater Easement described in paragraph 3 above. 8. County Right of-Way-Permit The parties acknowledge that Developer's access to Immokalee Road for the purposes contemplated by this Agreement will require the Developer to apply for and the County to issue a County Right-of-Way Permit pursuant to Ordinance No. 93-64, County Code of Ordinances. (a) By executing this Agreement, the County does hereby agree to cooperate with the Developer in obtaining the County Right-of-Way Permit (the "Permit") in form and substance sufficient to enable Developer to construct the portion of the Stormwater System located within the County right-of-way on Immokalee Road as described herein. Developer shall submit such additional information as may be required by the refer,~nced Ordinance in order that the County can authorize the access to the Immokalee, i~Road right-of-way contemplated by the same. (b) If the County Right-of-Way Permit i~ not issued to Developer within 90 days of the date this Agreement is approved by the Codnty, then this Agreement shall be terminated and Developer and County shall be released from all further obligations hereunder. 9. Indemnification by and Liability of County County shall indemnify, defend, and hold Developer harmless from and against: (i) any and all liability, claims, demands, damages, actions, causes of action, fines, fees, penalties, suits or proceedings of any kind or nature, including attorneys' fees (including attorneys' fees in appellate proceedings), for injur7 or death to person or damage to property arising out of the failure of County, its successors or assigns, to comply with or abide by tl~e terT~l~~-~,~. .. r- Agreement; and (ii) any damages or liabilities adsing from discharge into'the i~rm~ater IL/~'~ Page 5 of 8 System of any pollutant, hazardous waste, or other matedal defined or designated as toxic or hazardous under applicable federal, state or local law or regulation. 10. Indemnification by and Liability of Developer Developer shall indemnify, defend, and hold County harmless from and against any and all liability, claims, demands, damages, actions, causes of action, fines, fees, penalties, suits or proceedings of any kind or nature, including attomeys' fees (including attorneys' fees in appellate proceedings), for injury or death to person or damage to property adsing out of the failure of Developer, its successors or assigns, to comply with or abide by the terms of this Agreement; and (ii) any damages or liabilities adsing from discharge into the Stormwater System of any pollutant, hazardous waste, or other matedal defined or designated as toxic or hazardous under applicable federal, state, or local law or regulation, by Developer or persons or entities for whose actions the Developer is legally responsible. 11. Attorneys' Fees If litigation is instituted by either party hereto against the other for purposes of seeking interpretation or enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees at both the trial and appellate levels. 12. Modification or Termination This Agreement may not be amended, modified or terminated except by way of a written agreement signed by Developer and County and recorded among the Public Records of Collier County, Florida. No breach of any provision of this Agreement shall entitle any current or future property owner to cancel, rescind, or otherwise terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies available to any party on account of any such breach. 13. Binding Effect; Successors and Assigns (a) The dghts, privileges and benefits granted in this Agreement shall inure to the benefit of and be enjoyed by Developer and County and their successors and assigns. (b) The duties, obligations and liabilities imposed upon Developer under this Agreement shall run with title to the Property and be binding upon Developer's successors and assigns. 14. Notices (a) Any notice that is sent or given under the terms of this Agreement shall be sent to the following addresses: If to Developer:. {OR482278;4.5} Outdoor Resorts of Naples, Inc. 2400 Crestmoor Drive Nashville, TN 37215 Attention: Randall Henderson Phone 615-244-5237 Page 6 of 8 AGENDA t'f E~ ~ OCT 2 2 2002 Pg._ ~ With a copy to: Akerman, Senterfltt & Eidson 255 South Orange Avenue Suite 1700 Orlando, FL 32801 Attention: Ted R. Brown If to County: Collier County 3301 Tamiami Trail East Naples, Florida 34112-4902 Attention: Heidi F. Ashton Assistant County Attorney (b) Any notice given by United States mail shall be deemed so given on the second business day after the same is deposited in the United States mail registered or certified matter, addressed as above provided, with postage thereon fully prepaid. Any notice that is given by another method shall be deemed delivered upon receipt by the party to whom the same is given. The parties may from time to time notify the other of changes regarding where sending notification of such changes pursuant to this paragraph should send notices. 15. Further Documentation Following reasonable request by either party from time to time, each party shall execute and deliver to the other party such further documents and agreements, in form and substance reasonably necessary to confirm and/or effectuate any provisions herein or any obligations of either party hereunder. 16. Applicable Law This Agreement and the provisions herein shall be performed, construed and interpreted in accordance with the laws of the State of Florida, as they may be amended from time to time. 17. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. 18. Captions Captions of the sections or paragraphs of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, limit, or amplify the contents of such sections or paragraphs, or otherwise to aid in the interpretation, construction, or meaning of the provisions of this Agreement. IN WITNESS WHEREOF, Developer and County have executed this Agreement as of the date first set forth above. AGENDA ,~E~ (-,, [SIGNATURES BEGIN NEXT PAGE] 0 C 1' 2 2 2002 Pg. ? {OR482278;4.5} Page 7 of 8 W~nesses: Print Name: DEVELOPER OUTDOOR RESORTS OF NAPLES, INC., a Florida corporation Print Name: BY: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, by , as of Outdoor Resorts of Naples, Inc., a Florida' corporation, on behalf of the corporation. This person is personally known to me OR has produced identification ; type of identification produced Notary Public Pdnt, Type or Stamp Name of Notary My commission expires: Sedal No., if any: COLLIER COUNTY, a political subdivision of the State of Florida BY: AS: Approved as to form and substance by Collier County Legal Department BY: ~ {OR482278;4.5 } Page 8 of 8 AGENDA IT[M OCT 2 2 2002 I0 EXECUTIVE SUMMARY APPROVAL TO UTILIZE INSURANCE PROCEEDS TO PURCHASE TWO RECONDITIONED TRANSIT BUSES AND OTHER SUPPORT EQUIPMENT IN THE AMOUNT OF $91,853 OBJECTIVE: To approve the purchase of two reconditioned transit buses and other support equipment utilizing an insurance reimbursement from a bus that was lost in a collision on May 1, 2002. CONSIDERATION: On May 1, 2002, Collier Area Transit (CAT) experienced a serious crash which resulted in significant damage to a bus, to the extent that it would not be cost effective to repair and the bus was ruled a complete loss. Collier County has received a check in the amount of $91,853.34 in proceeds from the insurance settlement. The Federal Transit Administration (FTA) had provided the original funding, in the amount of $118,000, for the purchase of the vehicle subsequently lost. CAT's current service level requires a total of nine buses. This represents seven buses in service and two spare buses. The current vehicle inventory, excluding the 2001 Bluebird bus damaged in the crash, consists of six (8) 2001 Bluebird buses and two (2) trackless trolleys leased from Volusia County (which are currently undergoing Air Conditioning renovation). A supervisors van is also currently being utilized to provide service. Staff requested the Collier County Purchasing Department to complete a competitive bid process for the purchase of two reconditioned replacement buses. A total of two vendors submitted bids. Staff is recommending the purchase of two (2) reconditioned transit buses from CoachCrafters, Inc., in the amount of $73,500, to replace the vehicle lost in the accident and utilize any remaining insurance proceeds for the purchase of miscellaneous support equipment. Staff has requested and received FTA concurrence of this recommendation. FISCAL IMPACT: FundS in the amount of $91,853.34 were received and deposited on July 18, 2002. A budget amendment is needed to recognize these funds as carry forward and appropriate them in the MPO budget so that this purchase can be made. GROW'rH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. OCT 2002 RECOMMENDATION: That the Board approve the purchase of two (2) reconditioned transit buses from CoachCrafters, Inc., in the amount of $73,500, to replace the vehicle lost in the accident and utilize remaining insurance proceeds for the purchase of miscellaneous support equipment and approve the necessary budget amendment. Prepared by: Reviewed by: ~~~ ~ .-- - ~_~,,~ Date: 10/10/02 Ste~/e Carnell, Pu~hasing 'Director~' Reviewed by: Z~~ ~..:~-F...C~_//v·'~"'~"~ Date: 10/10/02 Donald Scott,,A'ransP0.rtatio~ Planning Director Approved by: ~ C~'~~ '~,~ Date: 10/10/02 Norman E. Feder, Trarfsportation Services Administrator OCT 22 U,S. Department of Transportation Federal Transit Administration REGION IV Alabama. Florida, C-eorgia, North Carolina, Pue~o lace, South Carolina, -61 Forsyth Street, Suite 171'50 Atlanta, GA 3030,~8917 404-562-~500 4o4.sa2.35os (fax) Mr. Dean Allen General Manager Colli~r Axes Transit 2477 J & C Boulevard Naples, FL 34109 August 21, 2002 Re: Disposition of Bus # 70 Dear Mr. Allen: ~e have reviewed your request for concUrrence in the proposed disposition of Bus # 70 which was damaged in an adcident on May 1, 2002. We understand dmt the insurance proceeds received, $96,0'00, were determined by the insurance company by using the straight-line depreciation method. We also understand that the repair of the bus would exceed its current value as established by the insurance comp-any. To compensate for rite loss ofthis vehicle, you propose to purchase Iwo used lift .qecluipped buses and utilize any remaunng pr0~ ~om the insurance company for the purchase of miscellaneous support, equipment. co cur your a osidon_ ¢.tio , be aca th a0~e~red e o9~. ........ .~ . · and su on e mpmen~. Due to n grant, FD-90:X436~to prol~rlY account for the new vehicles pP q the A~liv[ty Line Items already in the [Fant, a budget revision, rather than a ~ant amendment, will ~ffice, The budget revision and your inv.~utm7 control records will need to properly reflect the new ~t~. 'Also, please bc'.k~mi~ded that when accidentS occur FTA should be notified in If you have any questions regarding the issue, pleas~ call Mr. Tom McConuick al (404) 562-3522. Sincerely, ~.. gr.' 6~Adm ~ni s. trator Pg. '6 - EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH FIRST BAPTIST CHURCH OF NAPLES, INC., FOR ROAD IMPACT CREDITS AND CASH SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT. (Estimated at $668,056.81) OBJECTIVE: To obtain approval of a developer contribution agreement with First Baptist Church of Naples, Inc. for road impact fee credits and cash equal to the actual cost of construction, however not to exceed 20% more than the current certified probable costs of the construction of a portion of Orange Blossom Drive in Collier County. CONSIDERATION: The First Baptist Church of Naples, Inc. has constructed a portion of Orange Blossom Drive between Livingston Road and Airport Road and the Collier County Transportation Division has agreed to recommend the issuance of road impact fee credits and cash equal to the actual cost of construction, provided actual costs do not exceed 20% more than the current estimate of probable costs that have been prepared by a professional engineer and approved by County staff. The developer shall receive impact fee credits and cash for the construction of the road only upon its completion and final acceptance by the County. The parties have agreed to the terms and conditions of the proposed contribution agreement, a copy of which is attached hereto as Exhibit A. The Church will receive $267,641.78 in cash and the remainder of $400,415.03 in road impact fee credits as currently estimated. Approval is requested subject to the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied, including release of existing easements in favor of the Church encumbering the Livingston Road Right-of-way. The County will grant a replacement drainage easement to First Baptist for storm water in the eastem twenty feet of the Livingston Road right-of-way. A copy of the Drainage Easement is attached hereto as Exhibit B. FISCAL IMPACT: The cash portion $267,641.78 will come out of the Transportation Supported Gas Tax Fund and Road Impact Fee District One fund for improvements that were constructed by the developer that would otherwise would have been expended for the same improvements on the Airport Road widening Project. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT: Consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the developer contribution agreement; AGENDA ITE, M. No. OCT 2 2 2002 Pg._ / _ Authorize the Chairman to execute the Agreement and the Drainage Easement; Authorize staff to take all measures necessary to insure performance under the terms of the Agreement, including, but not limited to, the recording of certain documents in the public records of Collier County. Prex~ed b~: - "/l~len T. Chadwell Assistant County Attorney Date: Revij~w;d and Approved by: No: ~ed'er, Transportation Administrator Date: H/Jackie/Execudve Summary/Resolution/Capital Outlay Fund 2 OCT 2 2 2OO2 PS. ~ STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR FIRST BAPTIST CHURCH OF NAPLES, INC. FOR ROAD IMPACT FEE CREDITS THIS CONTRIBUTION AGREEMENT is made and entered into this of , 2002, by and between The First Baptist Church of Naples, Inc., a Florida corporation, duly organized and authorized to conduct business in the State of Florida, hereinafter referred to as "Developer," by and through Robert D. Caudill, and Timothy Shave, Trustees, who have been duly auti~rized to execute this Contribution Agreement for Road Impact fee Credits and COLLIER C~UNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A' (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a Professional Engineer attached hereto as Exhibit "B," and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the proposed developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20) per cent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the proposed plan for contribution is in conformity with contemplated improvements and additions to the County's transportation network and that it will be to the public for Developer to contribute certain off-site improvements as ~ong other things, advantageous described herein and in Composite Exhibit "C" which are composed of, ar facilities that are required to be made pursuant to a development order or v connection with road impact construction; and OCT 2 2 20O2 WHEREAS, the parties acknowledge that all construction cost estimates are based upon and all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and were approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; bo Such Proposed Plan, x/iewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement, as set forth in Composite Exhibit "C" are consistent with the County's existing comprehensive plan: and WHEREAS, pursuant to PUD Ordinance No. 99-78, Developer is eligible for Road Impact Fee credits for certain improvements made to, and the construction of, Orange Blossom Drive; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct and shall be incorporated 2. In exchange for the contribution of the construction of a p Blossom Drive, identified and contemplated in this Contribution Agree: 2 AGENDA .ITgM~ . -' nent0~]~e~ in Composite Exhibit "C," Developer shall be entitled to a cash reimbursement to for road impact fees as more particularly described herein. The Developer shall receive a cash reimbursement of approximately $267,641.78 as partial payment of the cost of construction of a portion of Orange Blossom Drive that has been constructed on land owned by the County and subject to this Agreement. 3. Impact fee credits in the amount of $400,415.03 shall be issued to the Developer for the balance of the estimated construction costs for Orange Blossom Drive. Attached hereto as Exhibit "H" is a copy of the Road Impact Fee Credit Ledger setting forth the amount granted pursuant to this Contribution Agreement. 4. The disbursements as set forth in paragraphs one and two are subject to the prior satisfactory receipt of all necessary documents of conveyance as determined by the County Attorney and any other conditions herein. 5. The amount of cash reimbursement and credit from road impact fees shall be determined according to the following standards of valuation: a. An initial professional opinion of probable costs for the construction and a time schedule for the completion of the Proposed Plan, prepared by a professional architect or engineer, is attached hereto as Exhibit "B", and is the basis for the estimated cash reimbursement and credit for road impact fees. b. In the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. No cash shall be disbursed by the County until such time as the actual costs of construction has been reviewed and accepted by County staff and adjustments made to both the cash and credit components of this agreement in accordance with the actual construction costs. In no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contribution. c. A narrative description of the contribution which is the subject of this Agreement is attached hereto as Composite Exhibit "C" 6. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by County. 7. The credit for road impact fees identified herein shall run with Impact Construction Lands, as described in Exhibit "A" and shall be re~ amount of each road impact fee due on the first building permit issue¢ successive building permit until the project is either completed ¢ exhausted or otherwise no longer available. It shall be Developer's o the subject Road thq~.n · the credits are- ,liga0gl tZ the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be assignable and may be used throughout the road impact fee construction lands within Road Impact Fee District One as set forth in the area described in Exhibit "D". 8. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or modified by the County after the developer has been notified of a default and has been given a reasonable opportunity to respond. 9. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this agreement, the date of substantial completion shall be the date of final acceptance by the County. 10. In the event the amount of contribution pursuant to the approved plan of construction exceeds the total amount of impact fees imposed or used on the subject Road Impact Construction Lands. Developer shall be entitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from the road impact fees collected. 11. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 12. It is anticipated that Orange Blossom Drive will be constructed in two phases. Upon final completion of Phase One of the roadway described in Composite Exhibit "C", the County shall inspect the roadway and if that phase is in compliance with the plans approved by the County, the County shall accept the road and release road impact fee credits corresponding to the phases of the roadway. 13. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing s~id requirements, conditions, or terms of restrictions. This ContributiOn modified or revoked as is necessary to comply with all relevant State c~r Fe~,~ 4 I pg. enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 14. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 15. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 16. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit" E" attached hereto and incorporated herein by reference. 17. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 18. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 19. Developer and County agree, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 20. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of the road impact construction lands. An attorney's opinion of title and a to enter into this agreement are provi~led by Developer statement of Developer's authority and are attached hereto as Composite Exhibit "F." 21. The parties agree, by virtue of entering int°~this agreement, that the off-site improvements contributed, if any, are an integral part d~ and a necessary accommodation to the County's transportation network. 22. The off-site improvements, if any, exclude site-related access improvements. 23. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 24. legal authority and validity of any business entity utilized by the deve execution of this agreement, including an affidavit listing the names and ad partners, if a partnership, and stating that the entity is in full force and effect. Developer has provided, in Exhibit "F", an attorney's opinion setting forth the lres~, of all It,o OCT 2 2 2002 '7- 25. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 26. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 27. The road impact fee credit granted shall only be.for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 28. The County will construct, at its expense, Phase 2 of Orange Blossom Drive at the same time it constructs Livingston Road from Pine Ridge to Vanderbilt Beach Road. Phase 2 is that portion of Orange Blossom Drive that commences at the entrance to the Developer's property as set forth in Composite Exhibit "C" and terminates at Livingston Road. Developer shall not receive any road impact fee credits for Phase 2 of Orange Blossom Drive. 29. Developer agrees to release, in a writing suitable for recording, any and all interests, fight, or title arising out of the Drainage and Easement Agreement of June 10, 1996 between the Developer and the Stoneburners as recorded in OR Book 2193 Page 2202, et seq., as shown in Exhibit "G-I", and the Easement and Agreement between Developer and the Stoneburners as recorded in OR Book 2193, Page 2195, et seq. 30. County shall grant to Developer a drainage easement within the County's right-of- way within Livingston Road as shown in Exhibits "G-1" and "G-2". 3 i. Developer, its successors and assigns, shall have the sole responsibility for the construction, repair and maintenance of those drainage facilities originating from the First Baptist site and located within the easements shown in Exhibits G-I and G-2 up to the connection of these facilities to drainage structure S-600 located approximately at Sra. 383+50 and as depicted on Sheet 37 of the Plan and Profile Sheets of the Roadway Plans prepared by Johnson Engineering. Developer agrees to replace, restore or repair any damages resulting to the roadway and associated improvements which arises from the actions of Developer's, or its contractors, agents, employees or assigns. 32. Developer, its successors and assigns, shall indemnify and hold harmless the County from any and all claims or damages resulting from its use of the County's right- of-way and shall maintain, throughout its use of the right-of-ways depicted in G-I and G- 2, liability insurance in the amount required by the County as set forth in Exhibit "E". AGENDA ITEl*''i 0CT 2 2 2002 pg. 33. Any costs for repairs that the Developer fails to make, after notice by the County to do so, that are subsequently made by the County, shall be paid for by the Developer, its successor or assigns. AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk By: WITNESSES: Print Name: COIIJER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: James N. Coletta, Chairman FIRST BAPTIST CHURCH OF NAPLES, INC. By: Robert D. Caudill, Trustee Print Name: Print Name: By: Timothy Shave, Trustee Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~day of 2002, by Robert D. Caudill, as Trustee on behalf of First Baptist Church of Naples, Inc. [ ] personally known to me, or [ ] has produced driver's license no. identification. He is NOTARY PUBLIC as (SEAL) Name: (Type or Print) My Commission Expires ACk. DA ITEM OCT 2 2 2OO2 pg. ? STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2002, by Timothy Shave, as Trustee on behalf of First Baptist Church of Naples, Inc. [ ] personally known to me, or [ ] has produced driver's license no. identification. He is as (SEAL) My Commission Expires NOTARY PUBLIC Name: (Type or Print) Approved as to form and legal sufficiency: Ellen T. Chadwell, Assistant County Attorney~ AGENDA ITEI~' I~/~'~' NO. OCT 2 2 2002 pg. EXHIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Exhibit "B" - - Composite Exhibit "C" - - Exhibit "D" Exhibit "E" - - Exhibit "F" - - Exhibit "G- 1" - - Exhibit "G-2"- - Exhibit "H" - - Description of Land Estimate of Probable Costs Description of the Improvements Graphic Rendering Of Road and Easements - - Road Impact Fee District One Risk Management Guidelines Attorney' s Opinion First Baptist Church Easement to be Vacated Drainage Easement for First Baptist Church, Inc. Road Impact Fee Credit Ledger 9 AGENDA ITE~ OCT 2 2 2002 Pg' [/ EXHIBIT "A" LEGAL DESCRIPTION COMMENCING at the SE comer of Section 1 Township 49 South, Range 25 East, Collier County Florida; thence run along the East line of said Section 1, North 00 52' 40" West 1,077.67 feet to a PLACE OF BEGINNING; thence North 89 03' 13" West 2,746.50 feet; thence North 02 50' 06" West 1,564.94 feet; thence South 89 25'49" East 2,799.08 feet to the East Line of said Section 1; thence along said East line South 00 53'28" East 1,580.75 feet to the PLACE OF BEGINNNING, LESS Parcels 105 and 105OB, more fully described on the following pages: AGENDA ITEI~, NO._ OCT 2 2 2002 i~. /7.... LEGAL DESCRIPTION P.-kRCEL 2 ORANGE BLOSSOM DRIVE Being a part of Section !, Township 49 South, Rang.... 25 East, Collier County, Flprida, more particularly described as follows: COIVllVlENCING at the Southeast comer of Section 1, Township 49 South, Range 25 East, Collier County, Florida; thence nm along the East line of said Section 1, North 0° 53' 28" West, 2658.42 feet; thence nm North 89"25'49" West 275.13 feet for a POINT OF BEGINNING; thence South 0°53'28" East 72.02 feet; - thence North 89'125'49'' West 1539.23 feet to a point of curvature ora curve concave to the Southeast; thence run 267.20 feet along the an: of said curve having a radius of 988.00 feet, a ~entral angle of 15 °29'43", a chord of 266.39 feet and a chord bearing of South 82"49'19' West to a point of cusp; thence run South 85050. 36" West for 56.09 feet to a point ofcm'vature ora curve concave to the Southeast; thence nm 65.15 feet along the arc of said cra-ye having a radius of 1000.00 feet, a central angle of 03°43' 58", a chord of 65.14 feet and a chord bearing of South 70°02'57" West to a point oftangency; thence nm South 68 ° 10'58" West for 263.98 feet to a point of curvature ora curve concave to the Northwest; thence nm 352.14 feet along the arc of'said curve fraying a radius of 900.00 feet, a central angle of 22°25'04'', a chord of 349.90 feet and a chord bearing of South 79°23'30.' West to a point oftangency; thence run South 89"23'58" East for 0.28 feet; thence nm North 02°50'06'' West for 100.18 feet; thence run North 89°23'58'' West for 6.29 feet to a point of curvature of a curve ,,uu.uv sect, a cem~l angle of'22°25'04", a chord of 311.02 feet and alchord bearing o£ orth 79 -3 30 East to a point oftangency; thence run North 68°10'5g~' East for 263.98 feet to a po/hr of curvature ora curve concave to the Southeast; thence run 132.24 feet along the arc of said curve having a radiu.~ of1100.00 ~'{'e~t, a ce,,ntral ,angle of 06°53'18'', a chord of 132.17 feet and a chord bearing of North 7~, 37'37 East to a point of cusp; Thence nm South 89°25'49" East for 1831.33 feet td the POINT OF BEGINNING, containing 4.76 acres more or less and subject to easements, restrictions and reservations of record. Prepared By: Carol E. Nelson, P.A. Floridz Reg. No. 5013 .rune'9, 2000 AGENDA. rr~,l~ NO. ~) OCT 2 2 2.002 DESCRIP'IIOH: PARCEL IO5 A PARCEL OF LAND LOCATED Ir'.l SEC'ItON I, rowll.'-;lltl:, .19 SOU'IH, RAt. lt;E 25 EAST, COLLIER COLINTY, FLORID.,',, ANI'.; i]EIIIG MOl,'[ Ib".RI'ICtlI.AI~t.Y DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST QUAR1ER CORHER UF :~EC'II~.]II I, 'IUWI-I~IItP SOUTH, RANGE 2,5 EAST AHD RUI.I SOUTH 01'13'52" EAST ,;.,LOHC, I'tlE EAST LINE OF SAID SECTION 1, A DISTANCE"OF 518.3.5 FEET '10 AH II11'EI]SEC1:ION WITH. THE SOUTH LINE OF BRIDGEWAIER I]AY - UHII 1, A SUI'JDIVISION AS RECORDED IN PLAT BOOK 5,t, PAGES 87 'IIIROu~.;II g.'S OF lllE RECORDS OF COLLIER COUt. ITY, FLORIDA, SAID POIII'! Al. SO LiEIIIG 'lite OF BEOINNINO; THENCE CONTINUE SOU'IH 01'13'32" EAST Al_OH(; SAID EAST LINE OF SECTION 1, A DISTANCE OF 1580.75 FEEl' TO AN IHTERSECTION WITH THE NORTH LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1735, PAGE 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCE RUN HORTI-I 89'23'1'1" WEST Al.OHO SAIl) HORTII LINE OF I'HE PARCEL OF LAND AS RECORDED II..1 OFFICIAL RECOI~DS t:]OOK 1735, PAGE 386, A DISTANCE OF 287.15 F[-':E'I; 'FtlENCE RUli HOR-IH O1'13',32" WEST AHD PARALLEL WITH SAID EAST [.IIIE Ot-- S[.C"ttOtt l, A DISTANCE OF 253.06 FEEl'; THENCE RUN HOR'IIt 12'18't.t" EAST, A DISI'ANCE OF 51.29 FEEl' TO AN INIERSECI'ION WI'III TIlE EAS'tERLY LIt.tE OF A 125 FOOT FLORIDA POWER AND LIOH'I' COMPANY EASEMENT; I'.HENCE RUN NOR'FH 01"13'32" WEST ALONG SAID EASTERLY LIHE OF TIlE 125 FOOl' FLORIDA POWER AND LIGI-IT COMPANY EASEMENT AND PARALLEL WlI'It SAID EAST LINE OF SECTION 1, A DISTANCE OF 530.54 f-EEl'; I'ItEHCE R, UI, I SOUTH 88"46'28" WEST, A DISTANCE OF 12.00 FEET; THENCE RUN I'IORTI-I 01'13'32" WEST AND PARALLEL WITH SAID EASI' LINE OF SECTIOH 1, A DISTANCE OF 262.02 FEET; THENCE RUN I',IORllt 12"~9'02" EAST, A DISTANCE OF 51.24 FEET TO AN INTERSEC'I'ION WllTI SAID EASI'ERL'( LINE OF A 125 FOOT FLORIDA POWER AND LiGttT COMPANY EASEMENT; THENCE RUN NORTH O1'13'32" WEST ALONG SAID EAS'IERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT Ah/[) PARALLEL WITtl SAID EAST LINE OF SECTION 1, A DISTANCE OF 557.7,1 FEET; I'tlENCE RUN SOUTH 88"46'28" WCST, A DISTANCE OF 12.00 FEET; THENCE RUN NORTH 01'13'32" WEST AND PARALLEL WITH SAID EAST LINE OF SECTION 1, A DISTANCE OF 23.79 FEET; THENCE RUN SOUTH B9',t5'53" EAST, A DISTAHCE OF 12.01 FEET TO AN INTERSECTION Wll-ft SAID EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE RUN NORTH O1'13'32" WEST ALONG SAID EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT AND PARALLEL WITH SAID EASF LINE OF SECTION 1, A DISTANCE OF 72.02 FEET TO AN II'ITERSECTION WITH SAID SOUTH LINE OF BRIDGEWATER BAY - UNIT 1; THENCE RUN SOUTI-I 89'45'55" EAST ALONG SAID SOUTH LINE OF BRIDGEWATER; BAY - UNI'r 1, A DISTANCE OF 275.09 FEET TO THE SAID POINT Ot" BEGII'-IHINO. CONTAINING 10.136 ACRES OCT 2 2 2002 'ESS. Oct 1 2002 11:48 P, 14 cost WO~X.DZ~ON TOTAL ~ $6g/,0%6.81 TOTAL CO~T 5 4-.7~9.14 5 W-'~199~1 ~0l 2kWTC~I 0TI3 . ' AGENDA IT£U OCT 2 2 2O02 Oct 1 2002 11:48 P.15 Type 'P' Cu~o 7"x ~ Box Cuiv'mrt ,~if~5 W"mg WalL~ Irdmt Type D 14' x 23' E~CP 14' x 2~' Milmn~d End Sec:llar, s 1 LS $1,2S0.00. 3,812 CY 24.2~0 L.~ 7.140 1,970 LF 1.818 LF ~g.3o 2,0OO 6Y $0.50 1 LS 120 LF 2 EA 1 FA. ~ IF... 2 EA I LS 200 SY Paving Totzi s2.1oo.oo $19.oo $1~.od $~,400.00 ,~"29,92..5.00 $1'0,8~.00 $1~,907.4,.0 $1,000.00 ~'8.500.00 $1,1C~.00 $107,854.15 ~7,~4.40 ' S2.,300.00 $1,767.00 ~00.00 $~,ooo. oo AGENDA ITEM OCT 2 2 2002 Oct 1 2002 11:¢8 P. 16 ~ LF $O.55 7 ' EA " $115.00 la8 FA S3.25 2 EA S80.~0 En-lmmrln~Sur~.l~n~ ."~4;urlty F~vlew ar,,d Inapecli~ Fees and SFVVMD Fees Grand T~ f~r O=~y R~m~r~ (~) '$40,000.00 $15,000.00 $11,816.11 $'90,816.1 ! ' $30,301.17 ,~Z7,001.17 ~231,641.78 AGENr',~ ITFM OCT 2 2 2002 Oct 1 2002 11:48 P. 17 EXHIBIT B "sRRST BAFT3ST CHURCH OF NAP'r. ES - PHASE EngLqmer's Opinion of' HMA IRle No. 1995012/O.B.Dr. · Item. 2 - OIT~te Roadway Impro~emenls - Orange Bloe~n DHve, Entire Project (Sra. 50 + 01.97 t~ = STA 89 + 50) Pavinq I L,S $1_q5 $0,15 ~dt T~ai S10,764.00 3' Wide ~ separ-~ar 3" A~ph~ (Type 10" LimellX:~[ 12" Stabilz~ml .~ubgrade Type 'E" ~ Type "F' Cab Type "A" Curb 6' Concrete Maine Of Traffic 3.95 LF 15,716 SY 15,716 SY 23,828 SY 252. LF 8,922 LF 6~ LF .7,485 LF I LS $s.6o S6.no $0.50 Total · $333,01E.15 Dminaqe 7' x 6' i~x Culvert wilh Wing Walls 15' RCP 18' RCP 24' RCP 30' Rt~ 36' RCP Catch aasim (T~pe N (ca 1,2,a,4) 14' :x 23" ERCP 14,' x 23' Mitered End Sectlarm 15. Mltt~d End ~s ~." l~dmred End SecUofls Remove Exls6n~ 8' W.M. Cap ~g a' W.M. 120 LF 64 LF 640 LF · 128 LF 640 LF ~ LF 4 EA I EA 2 EA I EA 1 7 EA ~i15.87 $16.00 Sla. OO $;37,904.40 $I ,024.Q0 $11,520.00 S3,200.00 $21,12o. ge I Drainag Oct 1 2002 11:48 P.18 a-Yamw Sk~ ~ ¢0' - 3o3 sign. ~3 LF $2.2O 38 EA $443.0O 1,448 LF 316 LF $1.~ 1,024 LF 1,035 LF $O.80 7,980 LF 1,710 LF $13.56 17 EA $11&00 4 EA $80.00 3' ~ph~t (T3~3e S-,3) 733 SY 10' ~ Base · ' 7:~ SY 12' Stabitza<l Subgrade 7'33 SY Fiji 464 CY 2~.' .~aild White b-'l=~ Bar 22 LF Directh=nal A~m,,~Mmf~gs 6 ' E.A 18" $~id White St~irtg 26~ LF · 12' Serial White b~ping 192 LF 8' Sor~d Wh~ Slz~pil'~j 367 LF Sign~ 3 EA RPM's 1 a EA Define.ll~ l=~st 1 EA ~F, .70 ,12.2o S1.9o S11~00 Add Prime C43ntractar Ove~-'-H Markup (~11,67a. SS x 13.a25%) · Tatll S~,oa~_m] · ~/~l., 104,~0 ~4,17S.10 $823.05 .- $477.00 $345.50 $2s3.6o $11,EZB-a~ $1,614.60 AGENI;)A NO.-I/~ OCT 2 2 2002 Oct 1 2002 11:48 P. 19 10' fJmemcfc Ease 877 8Y $5.7O ~2' Stabilized ~Ubgr'dde 877 .TY $0.85 24' ~ Whim St~ ~ 22 LF $2.2O DJru:ffu~ ~gs 6 EA $~a.oo 18' ~ Whfto Sb'fping 28~ LF $1.80 ~2" ~ W~ S~pfng 14S LF $1 8' Said Whffe Satping 3~ LF SO.BO RPU~' 18 EA $325 Adcf Prtrm C~,b=ctar ~ Markup (S13,584.45 x 13.825%) Overhead Marlcup ($513,744.E4 x 13.825%) Total . Adjusted T,~Lai Construction Total Enqin~rinR/auwe~~ 'Cens~.~,n 8urvey~g Ex~gineeriflg ,'Surveying/Fee.~ Subtotal Br~Ig~ Bay turn lane {'l'ota~ = ~90, 16.11) Sl 1,678-8~/$.542,500.S9 X $~0,816.11) Deduct prarated portion of design, canslrucl~an servica=, sur~-ying and =aunty fees for Chun:h ~ lane (Total = SgO, 81e.~)$13~4.4,5/$542,500.,5g x far Coure/mimburs~ti.t (=~ ~nd L.so~ ffP. rn I cash mbzd2ur~ant amouat Total road intpact fee cruo~ amount ~4,911.20 $1,084.20 s13,5e4.~ Sl,878.05 · ..$'t $,4~.,~0 ~513,744.64 $71,1~..520 $584,~69.~4 $40,000.00 $1,%000.00 $~4,0o0.ao $11,816.11 $9o,615.11 $86,~6.g7 -,~3,3oo_0o AGENDA LTF.~ ,,~' OCT 2 2 2002 Oct 1 2002 11:48 P.20 FIRST BA nST CHURCH' Orange Blossom Drhrs 'Road~y Improvements and Donation of Right-of-Way f~r Orange Blossom Drfve and Livfngston Road Prelect The project is located in Section 1, Township 49 Soufl% Range 25 FAst. it is located east of Airport Road, approximately three quarters of a mile south of Vanderb~ Beach Road. Narrathm. Desc. ription of the Proie~ The Orange Blossom'Drive Roadway ImproVements Include the construction of a two lane mad continuing east from Airport Read appm~mately three quarters of a mile to the shared project entrance between First Baptist Church & Bridgewater Bay. This comprises.Phase 1. Phase 2 will be constructed by Collier County at the same time it constructs Livingston Road from Pine Ridge Road to Vanderb~ Beach Read. Intersection Jmpmvement~ will be made on the east side of the Airport Road intersection including turn lanes and signal modifications. Atthe intersect~en of the shared entrances of First Baptist Church & Bridgewater Bay, turn lanes will be constructed to accommodate a future four lane road (the turn lanes are not part of the reimbursement costs since they are only for these developments}. The construction plans far b~e project are titled "Orange Blossom Drive Roadway Improvements' and were prepared by Hole, Montes and ASsociates. (Drawing No. 3688-(1-10)dated November, 1999). Tt!.e Right-of-Way to be donated for Uvingston Road is shown on the attached Parcel 1 sketc~ and legal descrip~n. Orange Blossom Drive is as shown 'on the attached Pamet 2 sketch and legal description. Prelect Schedule It is anticipated that the roadway w~ll be cons'cu~ and ready for service by April 2001. Award of Contract. · Start of Construction Completion of Construction April 6, 2000 · April 6, 2000 April 30, 2001 AGENPA I~FM .... OCT 2 2 2002 Oct 1 2002 11:49 P. 23 EXHIBIT C-1 i I ~2 Orange ~loasom Oct 1 2002 11:49 P.24 '~ :37; ir/m; C[mllllr ~.-un'l:ll I. lorlda .; o; IMPACT FEE DI.~'rlWCT 1 ' AGENDA ITE~, NO.~!C' OCT 2 2 2002 PS. '2.7:, Begin et the irCm~n'of C. munt~ Road g$1 .and Pine Ridge Rz:m~ thereto along Pine Ridg, Rc.a:l and Seagate Drive, westady b Gulf of Mexk=3; thence a .Iof,_g the GUlf of Mez~=3, northerly t~ l~l Lea C~imty line; ther~e alc,.~l the .ColFmr Count~-Le, C, mmty line.. · east~4y, scwtherly .and eastmty to the northerly extension of Cc~J..~ Road g51; ~ l along County Raad 951 and its northerly mdensi~n, southerly to the point of beginning. --% Oct 1 2002 11:~9 P,25 C~on of ~ Blosmm Driv~ ¢olli~ ~ Gcv~ OCT 2 2 2002 Flo~la ~ ~Sm~ rulafive l~ aw~ Unitxm C~ ~ ~ ~tmm~s. inaU~-,,f re~xml~ ~e Off~ial ~ l]aok 21~, Pa~ 2175, ofttu: Public ~ of cunin* C, nUnt, y. ~ a ~ ofwhictx.~t in at~ h~. NO; ~ OCT 2 2 2O02 Oct 1 2002 11:49 P. 27 g. County Ordinan~No: 75..54, amending Ot'~,,~,.~ 1Vo.74-~2 and No. 75-24, ~to a~s ofcnvimumccta~ ~, ~'~1Dcccmb~9,197~, ana~ D~:z~r 24, 1975. in O.R. Book ~, P~,c 2i, et'thc PuMio Rm:rds of Collier iL l~L'~f-w~y ~ ~ l~dmm7 7, 1973, in O.R. Boo~ ~, P~c 478, ofg~ ~ ~ ot'Colli~r Coun~,,'~ 750, P~ 10ss, s~d O Jr. Bo~ ?60, Psp: $~, ofltz ~ ~ or C011i~r AGENDA NO. ' oo-"F P~.__ ~.~ Oct 1 2002 11:50 P.28 ~ S~zvir~ ~,,~_ mxa, d~ l~mm~, 5, 2001, in 0.ll. Book 2752, P~ iii, of DAVID L. ~ ~qUn~ l~mid~ ~m' ~. 083372! --3-' Noter~ Public AGENDA IT, ~,,~ "O ' OCT 2 2 2002 Pg._ AGENDA ]'r',i:'l~ ,,-.--, J NO. __......1..~O~, ~ OCT 2 2 2002 1 Oct 1 2002 11:50 P. 30 EXHIBIT "H" DEVELOPER'S ROAD IMPACT FEE CRIgII.IT LEDGER I'MPI3RTANT: This Road Impact Fee Credit Ledger is intended to-document the balance of Road Impact Fee Credits applying ONLY to the following property: Commencing at the SE comer of Section 1 Township 49 South, Range 25 East, Collier County Florida; thence mn along the East line of said Section 1, North 00 52' 40" West 1,077.67 feet to a PLACE OF BEGINNING; thence North 89 03'13" West 2,746.50 feet; thence North 02 50' 06" West 1,564.94 feet; thence South 89 25'49" East 2,799.08 feet to the East Line of said Section 1; thence along said East line South 00 53'28" East 1,580.75 feet to the PLACE OF BEGINNNING, LESS Parcels 105 and 105OB (more fully described in the Stipulated Order of Taking recorded at O.R. Book 3100 Pages 2663-2702, Public Records of Collier County, Florida.) BEGINNING BALANCE ............. $ 400,415.03 DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ $ $ $ $ $ $ I $ $ $ $ $ $ $ AGEI~ID~ i~;~_~. OCT 2 2 2002 Pg,. DRAINAGE EASEMENT THIS DRAINAGE EASEMENT is made and entered into this ~ day of October, 2002, by COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida, 34112 ("Grantor"), and FIRST BAPTIST CHURCH OF NAPLES, INC., whose address is ("Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of the sum of $10.00, and for other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, a perpetual non-exclusive drainage easement for the purposes of maintaining its drainage facilities over that portion of the following described lands located in Collier County, Florida, to-wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate and take materials for the purpose of maintaining drainage facilities. PROVIDED, HOWEVER, the Grantor reserves all right, title, interest and privilege in the easement lands for the continued use as a road right-of-way and associated drainage and utility features. This easement is granted by Grantor and accepted by Grantee subject to the following conditions: 1. In the course of using the Drainage Easement for the purpose stated herein, Grantee shall repair any damage that it may cause or incur with respect to the landscaping, roadway features, drainage and utility facilities and all other improvements in, on or adjacent to the easement lands. All repairs made by Grantee shall be of the same quality and character as the damaged improvements prior to the damage and shall be performed and completed to the satisfaction of the Grantor. # 42961 vl EXHIBIT AGar, IDA JTF~M NO. t 0:~ ~) !.0 OCT 2 2 2002 pg. ~?~ 2. Grantee shall use this Drainage Easement with due care and shall perform all work in the Drainage Easement in a proper and workmanlike manner. The cost and expense of such work and any repairs required by Paragraph 1 above shall be the sole responsibility of the Grantee. 3. Grantee understands that this Drainage Easement is located within a public right- of-way and agrees that due care shall be used so as to avoid any harm to, or unnecessary or unreasonable interference with, the transportation facility or the traveling public. Grantee agrees to adhere to Collier County standards for working within public right-of-way at all times and shall provide Grantor three (3) days advance written notice before performing any work in the Drainage Easement. 4. Grantor reserves, rethins and shall continue to enjoy use of the surface of the easement lands for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of t~e Drainage Easement. 5. Grantee shall indemnify, defend, save and hold harmless Grantor, Grantor's officers, agents and/or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from or arise out of any willful misconduct or negligent act, error, or omission of Grantee which occurred or is alleged to have occurred with respect to the construction, installation, maintenance, repair or use of the Drainage Easement. 6. This Drainage Easement shall run with the land and shall burden the easement lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST · COLLIER COUNTY, a political DWIGHT E BROCK, Clerk subdivision of the State of Florida , Deputy Clerk By: James N. Coletta, Chairman AIMleoved as to foes & legal ~d~fq¢ll~! E11ee T. C~d~e11 ~ # 42961 vl 2 AGEND,~ TE OCT 2 2 2002 Oct 1 2002 11:50 P. 31 AGENDA OCT 2 2 2002 P. 30 Oct 1 200~ 11:~0 TERMINATION OF DRAINAGE AND ACCESS EASEMENTS BY FIRST BAPTIST CHURCH OF NAPLES, INC. This Termination of Drainage and Access Easements (hereinafter "Termination") is made this _ day of October, 2002, by FIRST BAPTIST CHURCH OF NAPLES, INC. (hereinafter "FBC"). WHEREAS, FBC is a party to a certain Drainage Easement and Agreement recorded on June 12, 1996, at Official Record Book 2193 Page 2202, et. seq., whereby FBC was granted certain easement rights for drainage purposes in, over and across land described therein; and WHEREAS, FBC is a party to a certain Easement and Agreement recorded on June 12, 1996, at Official Record Book 2193 Page 2195, et. seq., whereby FBC was granted certain easement rights for access purposes in, over and across land described therein; and WHEREAS, Collier County has acquired the fee simple interest in property encumbered with these drainage and access easements and has requested that FBC release all interest and right it max' have in the property by virtue of the aforementioned easements, to which request FBC has agreed. NOW, THEREFORE. in consideration of the sum of $10.00, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FBC does hereby terminate, cancel, vacate and release all fights, interest or title arising out of the Drainage Easement and Agreement and Easement and Agreement recorded at O.R. Book 2193, Page 2202, and O.R. Book 2193, Page 2195, respectively, so that the underlying property is forever released, freed and discharged from the encumbrance of these easements and all attendant conditions, reservations and responsibilities. It is FBC's intent that upon recording of this Termination in the Official Records of Collier County, Florida, the easements described herein shall be of no further force or effect. IN WITNESS WHEREOF, FBC has caused these presents to be executed on the date and year first written above. Page I EXHIBIT + NO.-~..~C~ OCT 2 2 2002 Termination of Drainage and Access Easements by First Baptist Church of Naples, Inc. Page 2 of 2 WITNESSES: By: FIRST BAPTIST CHURCH OF NAPLES, INC., a Florida non- profit corporation Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Termination of Drainage and Access Easements by First Baptist Church of Naples, Inc., was acknowledged before me, the undersigned authority, on this day of October, 2002, by , as (Title/Position) of FIRST BAPTIST CHURCH OF NAPLES, INC., a Florida non-profit corporation, who ( ) is personally known to me or ( ) produced as identification. Notary Public/State of Florida Name: ~ My Commission expires: A~proved as to fore& legll Assistant Count~ Attorne~ Ellen T. Chadwe11 Page 2 OCT 2 2 2002 pg, EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT REQUEST TO TRANSFER $250,000.00 FROM TRANSPORTATION GAS TAX RESERVES FOR MARCO ISLAND PROJECTS FROM FISCAL YEAR 2002. OBJECTIVE: To obtain the Board of County Commissioners approval of a budget amendment that will appropriate funds from reserves to cover projects that were budgeted in fiscal year 2002 that the City of Marco Island did not get underway to commit the funds in the fiscal year. CONSIDERATIONS: As part of the fiscal year 2002 adopted budget, $500,000 was budgeted for the City of Marco Island as a reimbursement for intersection improvements within the city limits. The City of Marco Island did not provide copies of executed construction projects to the Transportation Department prior to the end of the fiscal year. Transportation was not able to encumber any funds for these projects since the contracts were not provided. A new intedocal agreement was entered into between the City of Marco Island and Collier County to allow for $1,000,000.00 dollars to be transferred to the City of Marco Island for 15 years with an annual transfer of $500,000.00 on March 31st and $500,000.00 on June 30th of each year for a period no more than 15 years. A second interlocal agreement was also entered into between the City' of Marco Island and Collier County which allows for the City of Marco Island to maintain the first $200,000.00 collected each year of impact fees and to remit to Collier County any funds above the $200,000.00. The previous interlocal agreement allowed for the City of Marco Island to maintain 60% of all impact fees collected and to remit any funding above the 60% to Collier County. Collier County was also returning to the City of Marco Island approximately 40% each year to assist the City of Marco Island with intersection improvements within the city limits. The City of Marco Island completed the following projects with this additional funding: San Marco Road/North Barfield Drive Intersection $353,517.56 CR 92 & SR 951 Intersection Improvements $308,681.40 Funds in the amount of $500,000 were budgeted as a reimbursement to Marco Island for road improvements within the City of Marco Island for FY 02. The City of Marco Island is requesting that $250,000.00 be carded fomeard into Fiscal Year 03 for projects they want to complete in Fiscal Year 03. The total amount that will be provided to the City of Marco Island for Fiscal Year 2003 is as follows. March 31, 2003 June 30, 2003 Impact Fee Collections Sub Total Carry Forward Request Total FY 03 $500,000.00 $500,000.00 $200,000.00 $1,200,000.00 $250,000.00 (if approved by BCi $1,450,000.00 No.A eNgAITEM 0CT 2 2 2002 pg. FISCAL IMPACT...: If the carry forward funds are approved by the Board of County Commissioners, a budget amendment will Dc needed to transfer $250,000.00 from thc Transportation Supported Gas Tax Fund Reserves to bring thc total of Transportation transfers to the City of Marco Island to $1,450,000.00 for fiscal year 2003. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS.: That the BCC review the request from the City of Marco Island and approve their request and any n/~~ budget amendments. ~,~,~,~ ~¥: ///.~ ~~,~,~ . ~^~: ~o/~/o~ Si~aro~ l~ewman, Accounting Supervisor Transpo/rt?tion Administration REVIEWED BY: / D'l'a"'~, ~d'-'''~ . . Nor~n~j~ E. Feder, AICP, Adm~mstrator Tran~ortation Services Division DATE: A(3EN D~ ITEM ~. II?~!x _ O~T ~ ~ ~002 pg. ~' SEP-2~-2002 09:16 FROM:CO. MANAGFG~'!~OFFICE 19417744010 Post-it' Fax Note 7671 September 18, 2002 Mr. James Mudd Collier County Administrator 3301 East Tamiami Trail Naples, Florida 34112 Re: Road ImpaCt Fee Reconciliation Dear Mr. Mudd: SEP 2 3 2002 Transportation Services Division The City of Marco Island has been very pleased with the mutually benefici.-/~ :~greem,,ents on funding roadway improvements with Collier County and is ,,,~_ .., ,._~, · assistance in the process. These agreements should serv? both of ~$ ..~- ...... m..~. :- forward with our respective construction programs. As you are aware, these new agreements replace an Intedocal Agree,."n, er~: .... .-. .... '"'~ January 1999. ,Gechon ~V. Road Impact Fees of that agreement siatee ::'~ :-''-'.~Y .... ,'. retain 60% of the Road Impact Fees collected ~ each CI~ Y hscal/e~, ,, - ' .-.:~ ~I~ used for capacity improvements The Road Impact Fees collected ahoy+ ~ .-:.~ 60% be remitted Io COUNTY in accordance with Section VII.of this agreement ,~.a~d remitted to the COUNTY shall be used for capacity improvements or,, C?F. C,O!JN'ry. and/or State roads w~thm or adjacent to the existing or amended boucdanes of thc By mutual agreement, each year the City proposed projects to Countyi~stafi' !o be fundec~ with the 40% road impact fee funds deposited by the City with the County. The County approved the projects and remitted funds back to tl~ City. We followed that same procedure this year, providing the County with a list ~f eligible roadway ~nn.~tn~ctior projects. We have reviewed our records and have come up w~th the following :,nformation concerning the 40% of road ~mpact fees remitted to Collier County and funOmg received back from the County for roadway construction projects performeO by the City. Thc. 1999 data comes from a County raped, attached. For 2000 thro~:g~~ 2002, ou~' accounting records show the 60% of road impact fees retained by the C~t¥ We have multiplied that amount by 40% divided by 60% to determine [he fun¢s paid to thc; County annually. Funds paid by the County to the City .are shown as Contributions" AGEN D,& ITEM oCT-2 2 2O02 pg. -~ SEP-25-~00~ 09:16 FROM:CO. TOFF 19417744010 Mr. James Mudd September 18, 2002 Page 2 FUNDS REMITTED TO COLLIER COUNTY {40% OF IMPACT FEE__~ FUNDS RECEIVED FROM COLLIER COUNTY FOR ROAD CONST~RUCT!O~_N Fiscal Year 1999 141,910 0 Fiscal Year 2000 320,331 308,64 ! Fiscal Year 2001 377,082 410,956 2002 (11 months) 289,563 67,993 Totals $1,128,886 $787,.590 The immediate issue to the city of Marco Island is the status of funding from Collier County to the City for fiscal year 2002. We have been counting on receiving $250,000 from the County and have initiated construction contracts based on this budget As ~. small community, the difference between a budget of $250,000 and cash receipts o.~ $67,993 is significant. Final recond!iation would include a!! four years of L,'},~ r~gre~.ment We would appreoate tho opportunity lo rr~el with you and/or your star issue and be able to officially close out the Intedocal agreement of lC~O.:~ these road impact fees Sincerely, A. VVilliam ~oss City Manager AWM/bal OCT 2 2 2002 Pg 4 - EXECUTIVE SUMMARY AWARD CONTRACT FOR ANNUAL MAINTENANCE OF CHLORINATOR EQUIPMENT TO WATER TREAMENT AND CONTROLS COMPANY IN THE ESTIMATED AMOUNT OF $100,000 ~ That the Board of County Commissioners, Ex-officio the governing Board of the Collier County Water and Sewer District, award Bid Number 02-3417 for annual maintenance of chlorinator equipment to Water Treatment and Controls Company. CONSIDERATIONS: The purpose of this service is to provide both scheduled maintenance and emergency repairs for all Public Utility Division chlorination equipment. The chlorinators are utilized by both the Water and Wastewater Departments in their respective treatment processes. Bid Number 02-3417 for chlorinator maintenance was posted on August 14, 2002. Thirty-one inquires were sent and one bid was received. Staff' reviewed the one bid received from Water Treatment and Controls Company and found it to be responsive to all parameters within the bid package. FISCAL IMPACT: Funds are currently budgeted in the Water and Wastewater operating budgets. The source of funding is County Water/Sewer Operating Fund (408), user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the award of this bid. RECO MEI~I)ATION; It is recommended that the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, approve the award of contract #02- 3417 for annual maintenance of chlorinator equipment to Water Treatment and Controls Company. Jt A~A ITEM OCT 2 200 SUBMITTED BY: P~ui MdttaUsch, Water Director Date: SUBMITTED BY: JoSh Cheatham, Wastewater Director Date: REVIEWED BY: /~~_/Z $'~. ~ Date: [0-~--0~_.. Stephe~ Y. ca'nell, Purch~ng/GS Director es DeLony, P.E., l~ublic,~ltilities Division Administrator OCT 2 2 2002 OCT 2 2 2002 OCT 222002 Z ~. P.., .. ~ ~ ~ 0 AI~A ITEH , ~- -- }~'=~ ' ~ ~ ~' g'~ ' ~ · 2 22002 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO TRANSFER FUNDS FROM RESERVES IN THE AMOUNT OF $381,400 TO CORRECTLY FUND THE PAYMENT OF COUNTY WATER AND SEWER DISTRICT IN LIEU OF TAXES (PILT) IN THE FY 03 BUDGET. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water and Sewer District, authorize a budget amendment to transfer $381,400 from reserves to operating expenses for disbursement of PILT expenses. CONSIDERATIONS: On an annual basis, The Office of Management and Budget updates a schedule on inter-fund transfers and forwards it to the Finance Department. Pursuant to the adopted budget policy, enterprise funds are charged a payment in lieu of taxes. This schedule also contains the Enterprise Fund PILT payments. In updating the schedule, a discrepancy was noted. Utilizing the standard fo.rmula (based on the information contained in the FY 01 Comprehensive Annual Financial Report), the required FY 03 County Water and Sewer District PILT payment was under-budgeted by $381,400. FISCAL IMPACT: Total expenditures for the PILT payment in FY03 will be $2,122,700. The current budget is $1,741,300 and funds necessary to cover this increased amount of $381,400 are available in the Water/Sewer Operating Fund (408) Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment authorizing the transfer of $381,400 from Reserves to properly fund the FY03 budget for payment of the County Water and Sewer district PILT. SUBMITTED BY: REVIEWED BY: -- Tom Wides, Director, Opera_tionx~l~artment APPROVED BY: ~~--t----~ d~)~ ~ Date: DeLony, Public Utilities Divton Administrator Bd~nt and Budget Analyst 'OCI 2 2 200Z EXECUTIVE SUMMARY APPROVE FUNDING IN THE AMOUNT OF $132,600 TO UPSIZE THE WASTEWATER FORCE MAIN TO THE LIVINGSTON ROAD REGIONAL PARK. ~ To upsize the proposed wastewater force main to the Livingston Road Regional Park to meet the future size requirement of the Wastewater Master Plan. CONSIDERATIONS:. A 12-inch wastewater force main from Immokalee Road to the Livingston Road Regional Park has been included in Phase Ill of the Livingston Road project in order to provide service to the park. The Wastewater Master Plan calls for a 20-inch force main along this route by the year 2021. Staff requested that this stretch of force main be redesigned to the size called for by the Master Plan in order to avoid the additional cost of replacing the 12-inch main with a 20-inch main in the future. FISCAL IMPACT: Funds in the amount of $132,600 are needed for engineering, construction, construction inspections, and contingencies. A budget amendment is needed in the amount of $132,600. The source of funds is impact fees. GROWTH MANAGEMENT IMPACT: Approval will make this project consistent with the 20-inch force main required in the Wastewater Master Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve funding to upsize the wastewater force main to the Livingston Road Regional Park, and approve the necessary budget amendment in the amount of $132,600. SUBMITTED BY: Ronald F. Dillard, P.E., Senior Project l~anager Public Utilities Engineering Department DATE: REVIEWED BY: Roy B.~nderson, P.E., Director Public 'Utilities Engineering Department DATE: I~. I Executive Summary Approve Funding to Upsize Force Main Page 2 REVIEWED BY: Stephen Y.~Carnell, Purchasing Director DATE: REVIEWED BY: ~atham, Wastewater Director DATE: mes P.E., Public W. DeLony, ities Administrator RFD:rfd AG£ND~ IT£~ J NO. 1/_, ~ ~..~ OCT 2 2 EXECUTIVE SUMMARY AWARD ANNUAL BID ~02-3402 FOR UNDERGROUND UTILITY SUPPLIES TO VARIOUS VENDORS IN THE ESTIMATED AMOUNT OF $1,000,000 OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid Number 02-3402 for underground utility supplies to the various vendors shown as primary and secondary on Attachment A in order to provide an effective and efficient procurement method for the Water and Wastewater Departments. CONSIDERATION: The Water and Wastewater Departments utilize underground parts in order to provide water and wastewater services to the customers of the County Water-Sewer District. Bid #02-3402 for Underground Utility Supplies was posted on July 10, 2002. One hundred fifty-eight (158) inquiries were sent to vendors and four (4) bidders responded. Staff has reviewed the bids received. Awards are based on a primary and secondary vendor basis. Attachment A outlines the low (primary) bidder and secondary bidder for each category that was included as part of Bid #02-3402. Some of the awards are to different vendors for the Water and Wastewater Departments due to the requirement of the Water Department to use NSF Standard 61 certified parts. Every effort has been made to bid all underground parts necessary for the day-to-day operation of the County Water-Sewer District. This bid has approximately five hundred (500) line items. However, due to the dynamic nature of the work done by the Water and Wastewater Departments, it will be necessary to purchase items not specifically priced under this bid. Staff is requesting approval of the Board for each department to purchase up to $25,000 annually from each vendor for generically related underground utility supplies under this bid. Items costing $2,000 each or more will be quoted. FISCAL IMPACT: The estimated annual expenditures for the supplies covered by Bid Number 02-3402 is anticipated to be $1,000,000. The actual cost is dependent upon the number of parts required for maintenance and repair of the Water and Sewer Systems. Funds are available in the Water and Wastewater Operating budgets. The source of funding is County Water/Sewer Operating Fund (408), user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the award of this bid. 0CT 2 2 2002 PG. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District award Annual Bid Number 02-3402 for Underground Utilities Supplies as shown herein on Attachment A to this Executive Summary. Pam Libby, Water J~Jistribution Manager REViEWED BY: ~ ~~'~ Josl~bh Cheatham, Wastewater Director Pafll Mattausch, Water Director Date: Date: Date: //~/~'/'~'~" Steve Carnell, l:Vurchasing~S D~~ APPROVED B · DeLony, P.E., Public Ut~tie~ Division Administrator  ; W t t~es OCT 2 ? 2OOZ ATTACHMENT A UNDERGROUND UTILITY SUPPLY BID WATER WASTEWATER ITEM Primary Secondary Primary Secondary Group A- Adapters Ferguson None Hughes Ferguson Group Al- Stops & Couplings Ferguson None Ferguson Sunstate Group B - Bushings, Couplings, Elbows, Nipples & Plugs Ferguson None Ferguson US Filter Group C - Check Valves Ferguson None Ferguson US Filter Group D - Clamps Ferguson None Ferguson Sunstate Group D1- Maxifit/Maxistep Couplings Ferguson None Ferguson None Group E -Elbows Ferguson None Ferguson Hughes Group El- Reducers Ferguson None Ferguson Hughes Group F - Gaskets & T- Bolts Ferguson None Ferguson Hughes Group G - Gate Valves Ferguson None Hughes Ferguson Group Gl- Butterfly & Air Release Valves Ferguson None Ferguson Hughes Group H -Mega Lugs Ferguson None Ferguson US Filter Group I - Meter Boxes & Lids Ferguson None Ferguson None Group J -PVC C900 Pipe Fergueon None Ferguson None Group J1- Grade 316 Pipe '& Adjustable Pipe Stands Ferguson None Ferguson None Group J2 - Plug Valves & Wing Nuts Ferguson None Ferguson Hughes Group J3 -Test Balls & Cleanouts Ferguson None Ferguson Hughes Group J4 - Rubber Coup Ferguson None Ferguson None AC~NO& ,0._/(~ C OCT 2 2 2002 Page 2 Underground Utility Bid WATER WASTEWATER ITEM Primary Secondary Primary -~,~ndary Group K - Schedule 40 PVC Pipe & Fittings -3" and above Ferguson None Ferguson None Group K1- Schedule 80 PVC Pipe & Fittings - 3" and above Ferguson None Ferguson None Group K2 - SDR-26 PVC Pipe & Fittings - 3" and above Ferguson None Ferguson None Group K3 - CPVC Pipe & Fittings - Y2" and above Ferguson None Ferguson None Group L - Saddles Ferguson None Ferguson US Filter Group M - Sleeves Ferguson None Ferguson US Filter Group N - Poly Tube Ferguson None Ferguson US Filter Group O - Glands, Flanges & Uniflanges Ferguson None Ferguson US Filter Group P - Wyes & Tees Ferguson None Ferguson US Filter Group Q - Accessory Kits for Ductile Iron & Stainless Steel, Threaded Rod Ferguson None Ferguson US Filter Group R - Flags, Tape, & Markers Ferguson None Ferguso~ US Filter Group S - Kamlocks Ferguson None Fergusop~ None Group T - Air Release Housing Ferguson Non~ Ferguson None Group T1- Eclipse Sample Station Ferguson None Fergu_,_,_,_,_,_,_,_,_,~_ n US Filter NO. OCT 2 22002 ....... EXECUTIVE SUMMARY TO AWARD BID #02-3405 (ADDITION TO THE IMMOKALEE LIBRARY) IN THE AMOUNT OF $490,000 TO M.J. SIMPSON CORPORATION. ~ That the Boaxd award Bid # 02-3405 to M.J. Simpson Corporation for the construction of a 4,200 sq. ft. addition to the Immokalee Library. CONSIDERATIONS: On September 11, 2002, eleven (11) bids xvere received for construction of an addition to the Immokalee Libra~ (see attached bid tabulation sheet). M.J. Simpson Corporation was the apparent low bidder with a low base bid of $490,000. The Immokalee LibraD' is to be the recipient of a grant for $340,000 of matching funds by the Florida Department of State, Division of Library- and Information Sen-ices. The grant agreement reqtmes that a construction contract be awarded no later than December 23, 2002. The emsUng site requires a Conditional Use approval for the construction of the addition to the Library. This approval will add 4 to 5 months to the construction contract award procedure. To ensure that the Library receives the State grant, staff is requesting the contract be awarded to M.J. Simpson, Corporation subject to the project receiving a Conditional Use approval by the Collier Count~' Board of County Commissioners. FISCAL IMPACT: The budget was previously approved by the BCC for 5740,000. $76,350 is encumbered for design fees, leaving $663,650 for construction and other project costs. The low bid of 5490,000 is well within the approved budget amount for construction. GROWTH MANAGEMENT IMPACT: The expansion of the Immokalee library is inventoried in the Growth Management Plan. RECOMMENDATIONS: To award Bid #02-3405 to M.J. sm'Xpson, Corporation for the construction of the proposed addition to the Immokalee Library and authorize the Chairman to Ogn an agreement w~th M.J. SLrnpson, Corporation after reView and approval by fl~e County, Attorney's Office and after the project receives a Conditional Use approval. ~ck Crognale Principal Project Manager yDepartment of Facilities Management Ski~ Cam'~, CFM, Dire-ct0r Deparmxent of Facilities Management Steve'~a'rnell, Director - ' ~/ Purchasing Department DATE: DATE: OCT 0 8 200 Pg. Executive Summary Bid #02-3405 (cont.) Page 2 REVIEWED BY:  o~Jl Dunnuck, Administrator Obhc Services Division DATE: APPROVED BY: Jo-Anne Varcoe-Leamer, Admimstrator Admimstrauve Senqces Division DATE: .°. -_/&=O_~i 2.1102 _ iAG£~pA ,LTEM I No. ~L~__.~__~i 0CT 0 8 2002 Pg. ~ EXECUTIVE SUMMARY AUTHORIZE STAFF TO UTILIZE STATE CONTRACT PRICING TO PURCHASE EQUIPMENT AND SERVICES FOR THE COUNTY TELEPHONE SWITCH NETWORK. OBJECTIVE: Authorize staff to utilize state contract pricing to purchase equipment and services for the county telephone switch network. CONSIDERATION: Each fiscal year funds are allocated for telephone switch network improvements and operation. The equipment and services required for the telephone switch network are available under the terms and conditions of State of Florida state contract for telephone switches. Staff is requesting Board approval to utilize State of Florida state contract pricing for telephone equipment and services in excess of twenty five thousand dollars for a period of three (3) years. FISCAL IMPACT: Funds lbr telephone equipment and services are budgeted in the Information Technology cost centers and in user departments cost centers. GROWTH MANAGEMENI IMPACT: None RECOMMENDATION: That the Board authorize: · Purchasing of equipment and services tbr the telephone switch network utilizing State of Florida state contract pricing and conditions. · The Information Technology Director to sign purchase agreements following review by the Purchasing Department and the County Attorney. SUBMITTED B Y.~.~'~/~-~._. '~" ~--F.~'-'- Date: "' John Daly, Telecommunications Manager REVIEWED BY: REVIEWED BY: ~~..,~~ Date: Barry Axe/14td, Im~rmation Technology Director Steve Camell, Purchasing Director APPROVED BY: ~ Date: Jo-Anne Varcoe-Leamer, Administrative Services Administrator EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH NAPLES TOWN CENTER ASSOCIATION, LTD., FOR SPACE TO BE USED BY THE SHERIFF'S OFFICE FOR A REMOTE CLOSED CIRCUIT VISITATION CENTER, AT A FIRST YEAR COST OF $22,245.60. OBJECTIVE: Approve and authorize execution of Lease Agreement with Naples Town Center Association, Ltd., for vacant space within the Town Center to be utilized by the Sheriff's Office as a remote closed circuit visitation center. CONSIDERATIONS: In order to accommodate the growing number of inmate visitors to the Naples Jail, the Sheriff's Office wishes to develop an off-site visitation center. This center will employ the use of closed circuit camera equipment, which will not only allow family and friends to engage in visitation, but will also benefit security. Staff has located vacant space within the Town Center, the shopping area east of the Government Complex in the same complex where K-Mart was once located. The lease term will be for three years with an early termination provision allowing the County to terminate the lease, at anytime, following the first full year of occupancy. The annual rental for the 1,488 square feet is $17,856.00. The County is responsible for a Common Area Maintenance fee (CAM) of $4,389.60. The County will also be responsible for all utility costs and for making those improvements deemed necessary for the Sheriff's operation. Any such improvements will be paid for from non-county funding sources. FISCAL IMPACT: The total annual rent and CAM equaling $22,245.60 will be paid in monthly installments of $1,853.80 and will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Lease Agreement with Naples Town Center Association, Ltd., pending final review by the Office of the County Attorney. SUBMI'rTED B '.~''/~--~'-~ /'~ '-/'x--- DATE: Michael H. Dowling, P(qp~ Mafiagement Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: Charles E. Camngton, Jr., SR/WA, Manager Property Acquisition & Construction Management Facilities Management Department DATE: OCT O 8 2002 P~. ~ EXECUTIVE SUMMARY Lease with Naples Town Center Association, Ltd. page 2 REVIEWED BY: REVIEWED BY: APPROVED BY: ~Skil~a p~p,, C~, Director Facilities Manage~ment Department ~ary 4o~'g,~dmi~ve Assistant Coll~__-~-~TM Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: DATE: DATE: LEASE AGREEMENT,. Lease # THIS LEASE AGREEMENT entered into this ~ day of , 2002, between NAPLES TOWN CENTER ASSOCIATION, LTD., a Florida Corporation, whose mailing address is c/o RMC Property Group, 1733 West Fletcher Avenue, Tampa, Florida 33612, hereinafter referred to as "LESSOR", and COI.IJER COUNTY, a political subdivision of the Stare'of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a vacant space totallying approximately 1,488 square feet located at 3829 Tamiami Trail East, Unit 3829, Naples, Florida, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office to be used by the Sher{ff's Office. 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 contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on October 15, 2002 and ending October 14, 2005. Following the first full year of occupancy. LESSEE reserves the right to terminate this Lease, with or without cause, by providing LESSOR with ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Seventeen Thousand Eight Hundred Fifty-six Dollars and 00/100 Cents ($17,856.00) for the first year's rent and will be paid in equal monthly installments of One Thousand Four Hundred Eighty-eight Dollars and 00/100 Cents ($1,488.00) each. All rental payments shall be due payable in advance by the tenth day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. LESSEE is a governmental entity and is tax exempt, therefore, no sales tax is applicable to rent charges. ARTICLE 4. Renewal Term Rent In the event LESSEE remains at the Demised Premises following the first year of this Lease, the rent set forth in ARTICLE 3 shall be $18,600.00 to be paid in equal monthly installments of $1,550.00 and, for the third year, the annual rent shall be $19,344.00 to be paid in equal monthly installments of $1,612.00. OCT 0 8 2007. ARTICLE'5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Two Hundred Seventy-five Dollars and Twenty-eight Cents ($275.28). This amount shall include, but is not limited to, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. LESSEE shall also be responsible for its prorata share of real estate taxes in the amount of Ninety Dollars and Fifty-Two Cents ($90.52). This amount is subject to adjust annually. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date of this Lease of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses associated with the Demised Premises. LESSOR shall deliver exiting HVAC system in working order, and will warrant same for ninety (90) days. LESSOR shall deliver existing electrical and plumbing systems in working order and warrant same for thirty (30) days. LESSOR shall replace any water-damaged or missing ceiling tiles prior to the commencement date of this Lease. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service 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. LESSEE shall be responsible for replacement of air-conditioning filters at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing 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 written rejection delivered by LESSOR to LESSEE regarding.said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with ali then and future applicable laws, ordinances, rules, regulation, and requirements of the U~Bited States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LF_.SSEE, and which are designated in said notice, 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. AGi['NO A I TE i'~,,~ ' NO ,~ 0CT 0 8 2002 P~o ~ __ ARTICLE '7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed 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 obligation to keep and be bound by the terms, 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. ARTICLE 9. Indemnity and Insurance LESSEE will at all times carry comprehensive general liability insurance in an amount not less than the sum of One Hundred Thousand Dollars and 00/100 Cents ($100,000.00) single occurrence, Two Hundred Thousand Dollars and 00/100 Cents ($200,000) aggregate. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE. 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 xvithin thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of x~ ritten notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply x~ith z~x prox~sion or covenant of this Lease shall constitute a default and LESSOR may, at LESSOI~'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such ad~titional time as is reasonably required to co~Tect such detault). ARTICLE 12. ~SSOR 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 ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. 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: LESSEE: Board of County Commissioners cio Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney LESSOR: Naples Town Center Associations, Ltd. c/o RMC Property Group 1733 West Fletcher Avenue Tampa, Florida 33612 o 8 oo2 / ARTICLE-I 5. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its 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 16. General Provisions 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 LESSOR 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. If the Demised Premises is damaged by fire or other casualty to the extent of fifty percent (50%) or more, the LESSOR shall have the option to rebuild and repair the Demised Premises or to terminate this Lease. If damaged to a lesser extent, the LESSOR shall rebuild and repair. In the event of damage by fire or other casualty, the rent payable under this Lease shall abate, in proportion to the impairment of the use that can reasonably be made of the Demised Premises. until the Demised Premises is rebuilt (or until the Lease is terminated in accordance with this paragraph). Provided. however, that if the damage is due to the LESSEE'S willful act or negligence, the rental sums shall not be abated. 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 Count)' Public Heahh Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed 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 LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: JAMES N. COLETrA, Chairman OCT O 8 2002 Pg. .~' _ AS TO THE LESSOR: DATED: ATTEST: , Secretary NAPLES TOWN CENTER ASSOCIATION, LTD. BY: President / Vice-President WITNESS (signature) (Print or type name) (CORPORATE SEAL) (Print or type name) WITNESS (signature) (Print or type name) Approved as to form and legal sufficiency: ~s C. Palmer Assistant County Attorney 0 Cl D B 2BB2 EXECUTIVE SUMMARY APPROVE A FIRST AMENDMENT TO LEASE AGREEMENT WITH ARNOLD PROPERTIES, INC., FOR ONE ADDITIONAL YEAR'S USE BY THE SHERIFF'S OFFICE OF GARAGE/WAREHOUSE SPACE AT A TOTAL COST OF $20,703. OBJECTIVE: Approve and authorize execution of a First Amendment to Lease Agreement -(Amendment) with Arnold Properties, Inc., extending the Lease for one (1) additional year. The Lease is for the Sheriff's Office use of 2,000 square feet of garage/warehouse space located at 1100 Commercial Boulevard. ~ CONSIDERATION,S.: The initial Lease Agreement, which was approved by the Board in June 1998, was for three y~rs with a one-year renewal ending on August 31, 2002. The Sheriff had planned to combine this facility's operations with other operations at a new leased facility the Board approved at its June 12, 2002, meeting. However, after much consideration, the Sheriff has determined, in the best interest of the Sheriff's Office and the County, that this facility and its operations remain at the existing location. The Sheriff's Office is, therefore, requesting that the Lease be extended for at least one (1) additional year. The time involved in reaching this decision caused staff to submit this request past the expiration of the Lease. The total annual rent will be $16,863. The County will also continue to be responsible for payment of Common Area Maintenance (CAM) fees of $3,840. The Office of the County Attorney has reviewed and approved the attached Lease Agreement. FISCAL IMPACT: The total annual rent and CAM of $20,703 is to be paid in equal monthly installments of $1,725.25 and will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners approve and authorize the Chairman to execute the attached First Amendment to Lease Agreement with Arnold Properties, Inc. .o - ~'"1 0 ¢1' 0 8 201)2 _ Pg' / EXECUTIVE SUMMARY First Amendment to Lease Agreement with Arnold Properties, Inc. Page 2 PREPARED BY:{~. ' ~~-4~''' /g~ DATE: ~Vli'c~aei H. Dowling, Prol ement Specialist Property Acquisition & Construction Management Facilities Management Department A Charles E. C~rrington, Jr., SR/W , Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: b~ip ~a/~[~ ~'-(~FM, ~)[rect~r Facilities Management Department DATE: REVIEWED BY: APPROVED BY: ~ ~'~ ~'""? t Gary/~n~ AdmXtqist~tive Assistan Collier C~r~She~ff's Office Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: DATE: /f//~///ff 2~ OCT 0 8 I pg. ~,,,, FIRST AMENDMENT TO LEASE AGREEMENT Lease #839 THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of 2002 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112. hereinafter referred to as "LESSEE" and ARNOLD PROPERTIES. INC., whose mailing address is 3073 South Horseshoe Drive #118, Naples, Florida 34104, hereinafter referred to as "LESSOR". WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and Arnold Properties, Inc. have previously entered into a Lease Agreement dated June 30, 1998; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated June 30, 1998, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until the last day of August 31, 2003, provided LESSEE is not in default of any of the terms of this Lease. The following provision shall be added to Article 3 of the Lease Agreement: The annual rent. including Common Area Maintenance fees. commencing as of September I. 2002, shall be $20.703.00. and is to be paid in equal monthly installments of $1,725.25. Except as expressly provided herein, the Lease Agreement between Collier County a~d \r~c~ld Properties, Inc. dated June 30, 1998 remains in full force and effect according to the terms at~d conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this [:i~t Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA BY: Deputy Clerk BY: JAMES N. COLETTA, Chairman AS TO THE LESSOR: Witness (Signature) ARNOLD PROPERTIES. INC. MICHA~£ J E~"P. Fg~fi,'lS'~w ne r Witngs~Sig~ature)'~ (Print Name) Approved as to form and legal sufficiency: Thomas C. Pa'~me~', A~'sist~ y y OCT 0 8 2002 EXECUTIVE SUMMARY APPROVE THE REIMBURSEMENT OF $40,000 TO THE BAY COLONY COMMUNITY ASSOCIATION AND TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $40,000 TO TRANSFER FUNDS FROM PELICAN BAY FUND 109 RESERVES TO THE OPERATING BUDGET OBJECTIVE: To approve the reimbursement of $40,000 to the Bay Colony Community Association and to approve a Budget Amendment in the mount of $40,000 to transfer funds fi.om the Pelican Bay Fund 109 Reserves to the Operating Budget in Fund 109. CONSIDERATIONS: In June 2001, the Bay Colony Community Association submitted plans and specifications to the Pelican Bay Services Division for the construction of an emergency access road adjacent to the Trieste Condominium. The proposed emergency access road impacted and encroached into an easement owned and controlled by the Pelican Bay Services Division and which is a part of the Division's water management system. During the permitting process, the Bay Colony Community Association agreed to pay and remitted to the Pelican Bay Services Division, a check in the amount of $40,000 to mitigate the impacts of their proposed emergency access road on the Division's water management facilities. Subsequent to the payment by the Bay Colony Community Association, the permits for the construction of the emergency access road were not obtained and the Bay Colony Community Association has advised the Pelican Bay Services Division that it no longer intends to pursue the permitting necessary for the construction of this emergency access road and is withdrawing its' request to the Pelican Bay Services Division for an encroachment into this water management easement. As such, the Association has requested and the Division is recommending that the Bay Colony Community Association's payment of $40,000 to the Pelican Bay Services Division be repaid to the Association without interest. FISCAL IMPACT: Thc total Fiscal Impact is a net reduction of $40,000 in the Pelican Bay Fund 109 Reserves. GROWTH MANAGEMENT IMPACT: There is no Growth Management In?pact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the reimbursement of $40,000 to the Bay Colony Community Association and td~a_pprove a Budget Amendment in the amount of $40 000 to transfer Ads fi.om the Pelican ~ay Fund 109 Reserves to the OperatingBudg~ Fund 109.. ~/ / , ~ tmes P. Ward ~- / :)epartm~t Director ~ APPROVED BY,/~~ -'---~' Ja/~es V. Mudd County Manager DATE: EXECUTIVE SUMMARY APPROPRIATE UNANTICIPATED REVENUE of $12,178 IN THE ISLES OF CAPRI FIRE DEPARTMENT BUDGET OBJECTIVE: To recognize and appropriate unanticipated revenue from protective inspections fees, surplus sales and carry forward. CONSIDERATION: The FY02 Isles of Capri Fire Control has received $8,202 in fees from the inspection of new buildings, $1,431 fi'om the sale of surplus automobile property and had a positive carry forward variance of $2,545. These revenues need to be recognized and appropriated to cover the increased demand for personal service expenditures in FY02. FISCAL IMPACT: Revenue generated by the protective inspections and surplus sales were not included in the FY-02 budget. A budget amendment is necessary to appropriate the unanticipated FY-02 revenue of $12,178 in the Isles of Capri Fire Control Fund (I 44) to cover additional expenditures in FY02. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and appropriate $12,178. in unanticipated revenue from protective inspection fees, surplus sales, and carry forward, and approve the required budget amendment · Rod Rodri uez, Ch/T ~ APPROVED B~ Date: Date: AGI~¥D~TEM OCT 2 2 2002 pg..,, I EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2001-02 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2001-02 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments recognizing grants, donations, contributions, or insurance proceeds that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners. Each of the budget amendments in the attached Resolution has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2001-02 adopted budget. Michael Smykowski, OMB D Approved By: / __..~----~ / ~ - -' ( - ~,--c. J~V_n~s V. Mudd, County Manager Date: i AGENDA ITEM No. !u OCT 2 2 2002 Pg._ / RESOLUTION NO. 02-BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2001/02 FISCAL YEAR. 6 WHEREAS, Secuon 129.06(2), Florida Statutes, provides that the Board of County Corun'asaioners 0aeremaf~r also 7 referred to as "Board") at any tm~ w~thm a fiscal year may amend a budget for that year, and provides th~ procedures therefor; 8 and 9 WHEREAS, the Board of County commtssioners of Collier County, Florida, has received copies ofbudg~ amendments 10 which provide for but are not Limited to: revenue from grants, donations or contributions, or msum~ee proct~ds for a designated 11 purpose. 12 WHEREAS, th~ Board has determined that it is appropri~tte to amend tim B~dget for Fiscal Y~ar 2000/01 by resolution 13 pursuant to Section 129.06, Florida Statutes. ~ 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER 15 COL~NTY, FLORIDA, that the budget"~ndments to the 2001/02 FY Budget described below are approved and hereby adopted 16 and the 2001/02 FY Budget is so amended. 17 1 $ lb'CREASE 19 (DECREASE) 20 CARRY 21 FORWARD 22 BUDGET OR INCREASE iT;CREASE INCREASE EN3aLANATION 23 AMENDMENT INTER. FUND (DECREASE) (DECREASE} (DECREASE) FOR ~ FL,~D NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES APPROPRIATION 25 117 02~82 $5,000 $5,000 26 146 02-538 $3,988 $3,988 27 28 126 02-547 $21,273 $21,273 29 Recognize Sea Turtle Awareness grant. RecogmZe volunteer fire assistance grant for radios. Recognize Transportation Disadvantaged planning grant. 30 31 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread flus Resolution in full among the minutes 32 of this meeting for permanent record in his office. 33 This R~olution adopted after mot~om second and majonty vote favoring same. 34 35 36 37 38 39 40 41 42 43 44 45 46 DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approval aa to form and legal sufficiency:. Chief Assistant County Attorney BOARD OF COUNTY CONEMISSIONERS COLLIER COUNTY, FLORIDA By:. Sam~s N. Coletta, Chairman AGENnA ITFM No, 0 CT 2 2 200;' Pg._. 2. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 22, 2002 1981 Water Management CIP (Fund 325) Budget Amendment 003-035 Operating Expenses $6OO Reserves Reserve for Capital Outlay Total: (600) -0- Explanation: Funds are needed for attorney's fees for the Wiggins Lakes & Preserve Association. AGENDA iTEM No. /~.A' X.I 0 C T 2 2 ?.002 Pg. / BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 22, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for September 21, 2002 through September 27, 2002. Districts: 1. South Fl. Water Management Dist. 03. - Adopting the Budget for FY 2002- Heritage Greens Community Development District - District Map for the FY 2003 District Map and Schedule of Regular Meetings 2002-2003. Golden Gate Fire Control & Rescue District - Registered Agent, Description of Outstanding Bonds, District Map, Schedule of Regular Meetings Budget of 2002-03. Collier Soil and Water Conservation District - Public Facilities 5 year Update Report, Description of Outstanding Bonds, District Map, Schedule of Regular Meetings and Proposed Budget for 2002-2003. ° East Naples Fire Control District - 2002-2003 Budget, Schedule of Regular Meetings, District Map and Registered Office and Agent. o North Naples Fire Control & Rescue District - Final Millage Rate for the District and FY 2002-2003. Tuscany'Reserve Community Development District - Resolution 2002-9 Designating Richard D. Yovonivich as Registered Agent Fiddler's Creek Community Development District - list of meeting to be help in the next year. o Pelican Marsh Community Development District - District Map and Schedule of Regular Meetings 2002-2003. 10. H:Data/Format Mediterra South Community Development District - Notice of Scheduled meetings for FY and a district map. . .~--~ C. Minutes: Livingston Road Phase II Beautification M.S.T.U. Advisory Committee - Agenda for September 25, 2002, Minutes of September 12, 2002. Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for October 3, 2002, Minutes of September 4, 2002, Minutes of June 6, 2002, Agenda for June 6, 2002, Agenda for May 2, 2002, Minutes of May 2, 2002, Agenda for April 4, 2002, Minutes of April 5, 2002, Agenda for March 7, 2002, Minutes of March 7, 2002, Agenda for February 7, 2002, Minutes of February 7, 2002, Agenda for January 10, 2002, Minutes of January 10, 2002, a) Vanderbilt M.S.T.U. Veteran's Park Minutes of September 4, 2002, 3. Productivity Committee Advisory Board - Minutes of August 21, 21002. Workforce Housing Advisory Committee -Agenda for September 16, 2002, Minutes of September 9, 2002, Minutes of September 16, 2002, Agenda for September 9. 2002. 5. Pelican Bay Advisory Committee - Agenda for October 2, 2002. Environmental Advisory Board - Agenda for October 7, 2002, Minutes of September 4, 2002. Bayshore Beautification M.S.T.U. - Agenda for October 9. 2002. Minutes of September 11, 2002. Emergency Medical Services Advisory Council - Minutes of August 28, 2002. Golden Gate Beautification Advisory Committee - Agenda for September 10, 2002, Minutes of August 13, 2002. 10. Forest Lakes M.S.T.U. Advisory Committee - Notes of August 16, 2002. 11. Black Affairs Advisory Board - Minutes of January 28, 2002 and February 25, 2002. 12. Citizens Advisory Task Force Committee - Minutes of September 12, 2002, Minutes of May 9, 2002, Minutes of February 28,2001, April 18, 2002, February 5, 2002 and January 31, 2002. 13. H:Data/Format Historic & Archaeological Preservation Board Advisory Committee - Agenda for September 18, 2002, Minutes of August 21, 2002. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Golden Gate Estates Land Trust Committee - Minutes of June 25, 2002, Minutes of April 22, 2002. Immokalee Local Redevelopment Advisory Board - Agenda for September 26, 2002, Minutes of July 25, 2002. Bayshore/Gateway Triangle Local Redevelopment Board - Agenda for September 23, 2002 Minutes of August 7, 2002, Agenda for October 2, 2002. Enterprise Zone Development Agency Collier County Housing & Urban Improvement - Minutes of May 23, 2002, Minutes of March 28, 2002, Minutes of January 24, 2002 and Minutes of November 29, 2001. Collier County Hispanic Affairs Advisory Board - Notice of Meeting September 26, 2002. Golden Gate Community Center Advisory Board Meeting - Minutes of December 3. 2001, October 1,2001, August 27, 2001, May 7, 2001, March 5. 2001. February 5. 2001, January 8, 2001, September 4, 2002, May 6, 2002. April 1,2002. March 4, 2002. February 4. 2002. January 7, 2002. Library Advisory Board - Minutes of May 22, 2002. Enterprise Zone Development Agency (Collier County Financial Ser- Minutes of July 25. 2002. Lake Trafford Restoration Advisory Task Force Meeting - Minutes of January 31. 2001. February 26, 2001, April 30, 2001, August 14, 2001, September 24. 2001, November 13, 2001, April 12, 2002, July 8, 2002. Collier County Planning Commission - Agenda for October 3. 2002, Minutes of August 1, 2002. Hispanic Affairs Advisory Board - Minutes of May 23, 2002, Minutes of July 25, 2002, Minutes of August 29, 2002. 1-75/Golden Gate Interchange - Agenda for October 9, 2002, Minutes of June 13, 2002. Radio Road Beautification M.S.T.U. - Advisory Committee - October 15, 2002, Minutes of September 17, 2002. Parks and Recreation Advisory Board - Agenda for October 9, 2002, September 18, 2002. H:Data/Format z 2002 1) Guy L. Carlton, Tax Collector - County Taxes levied on the county tax roll for FY 2001. 2) Final Budget 2002-2003 3) Department of Community Affairs - Proposed Comprehensive Plan Amendment for Collier (DCA No. 02-2) and Collier County Rural Lands Stewardship Overlay Area (DCA No. 02-R2). H:Data/Format EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE ,4 DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SER VICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A V,4LID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purc~aase orders opened from September 16, 2002 through September 30, 2002 serve a valiOxpublic purpose and authorize the expenditure of County funds to satisfy said purchases. ' CONSIDER`4T~NS:To ensure compliance with State law, the Clerk's Office has prepared a detail~ list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period September 16, 2002 through September 30, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MAN,4 GEMENT IMPA CT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: Reviewed and Approved By: J~es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting D~ek ~ohnsse~- General Accounting Manager Date: Date: AGENDA ITEM No. / ~, ::3" ~,. OCT 2 2 2002 Pg. / EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 205 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ARMANDO A. LAMBERT, ET AL., (Immokalee Phase 1 Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 205 for the Immokalee Phase 1 project in the lawsuit entitled Collier County v. Armando A. Lambert, et al., Case No. 02-2132-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple title for Parcel 205 for the widening of Immokalee Road (Project No. 60018). Collier County has deposited with the Registry of the Court the sum of Six Thousand Three Hundred and No/100 Dollars ($6,300.00) for Parcel 205 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Alaa A. EI-Halwagy and Amina A. El-Jabaly, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 02-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Eight Thousand Six Hundred and No/100 Dollars ($8,600.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel 205. There are no attorney fees or other costs to Respondent associated with this taking. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Three Hundred and No/100 Dollars ($2,300.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ,FISCAL IMPACT: Funds in the amount of $2,300 'will come from the Transportation 2003 ~b~ ~"ource of Funds will be Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: AGENDA NO. J~ Ic- OCT 2 2 2002 approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $2,300.00 into the Registry of the Court. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~-~Lynfi Thorpe, Project Manager Transportation Utilities and Engineering Department ....... Gregg Strakaluse Transportation Engineering & Construc~)on Management Norrn~eder Tra~portation Administrator David C. Weigel County Attorney Date: Date: Date: Date: AGENDA IT~_.~ ~ OCT 2 2 2002 IN THE ciRcuIT COURT OF THE TWENTIETH JUDICIAL CIRCuIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2132-CA-TB vs. Parcel: 205 ARMANDO A. LAMBERT, et al., Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 205 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, ALAA A. EL- HALWAGY and A,MINA A. EL-JABALY, for entry of a Stipulated Final Judgment as to Parcel No. 205, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be. paid by Petitioner is the full compensation due the Respondents, ALAA A. EL-HALWAGY and AMINA A. EL- JABALY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ALAA A. EL-HALWAGY and AMINA A.EL-JABALY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of EIGHT THOUSAND SIX HUNDRED and No/100 Dollars ($8,600.00) for Parcel No. 205 as full payment for the property interests :aken and J'gr 0CT 2 2 2002 damages resulting to the remainder, if less than the entire property was taken, business damages, and for ail other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 205; it is further ORDERED that petitioner shall deposit an additional TWO THOUSAND THREE HUNDRED and No/10fi... Dollars ($2,300.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shail disburse the total amount of EIGHT THOUSAND FIVE HUNDRED SIXTY EIGHT and 38/100 Dollars ($8,568.38) to Respondents, ALAA A. EL-HALWAGY and AMINA A. EL-JABALY, 164 N.W 45th Avenue, DeenSeld Beach, Florida 33442, less any amounts previously paid for the benefit of Respondent; it is further ORDERED that disbursement to Respondents, ALAA A. EL-HALWAGY and AMINA A. EL-JABALY, is subject to claims of mortgagees, if any; it is further ORDERED that the Clerk of this Court shall disburse the total amount of THIRTY ONE and 62/100 Dollars ($31.62) to Respondent, COLLIER COUNTY TAX CO1 J.ECTOR; it is further ORDERED that fee simple title to Parcel No. 205, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002, and the deposit of money heretofore mad. e, are approved, ratified, and confirmed; it is further AGENI~ JTEM~ OCT 2 2 2002 ORDER~ that the Notice of Lis Pendena filed in the above-styled cause and recorded in Official Record Book 3046, Page 294 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 205; and it is further ORX)ERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of ,2002. conformed copies to: Alaa A. Elhalwagy Amina A. Eljabaly Wachovia Bank, N.A. Ellen T. Chadwell, Assistant County Attorney E. Glenn Tucker, Esquire Hugh D. Hayes Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 205. Dated: September ~ ~ , 2002 ALAA A. EL-H~L~/~GY 164 N.W 45t~ Ave-X ! ' Deeffield Beach, Florida 33442 A MI~'~. EL.- JAB A~.,L Y 1~ N.~5~ A~enue Dee~eld Beach, Hofida 33~2 Dated: September o9'"3,2002 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail, 80` Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENi~.~ iTEM ', No._ OCT 2 2 2002 PI[. ~ N - 60' R,CA~ E,4Ec~.E~'7' N as'~c':¢' .# '.,2s.7~' ~ Notes: 1. This is n~t a su~'wey. 2. B~is of be~-ing is plat. 5. Subject to a~=seme~ts, re~e~w3ti~=ns rastricfj~ of rec=r~. '1.. All dirn~qsic~'ms arm picot unie~ otherwise noted. SXETC~ D DESCR~,*RON ~III~S O C IATES INC. m AGENDA ITEM . NO. ~ I~l OCT 2 2 2002 P{~ ~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING SUPPLEMENTAL ATTORNEY'S FEES RELATIVE TO EASEMENT ACQUISITIONS OF PARCELS 172 AND 772 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DOMINIQUE RIHS, AS TRUSTEE OF THE LAND TRUST NUMBER S146-A, ETAL. CASE NO. 01-0819-CA (LIVINGSTON ROAD PROJECT NO. 60071) IN THE AMOUNT OF $525.00 OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Supplemental Attorney's Fees to be paid with respect to Parcels 172 and 772 in the lawsuit entitled Collier County v. Dominique Rihs, as Trustee of the Land Trust Number S146-A, et al., Case No. 01-0756-CA (Livingston Road Project). On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of road right-of-way, drainage, utility and maintenance easement and a temporary driveway restoration easement for the Livingston Road Extension (Golden Gate Parkway to Pine Ridge Road). On June 13, 2001. Collier County deposited with the Regist~ of the Court the sum of $13,800.00 for Parcels 172 and 772 in accordance with the Order of Taking. On March 26, 2002, the Board of County Commissioners approved a Stipulated Final Judgment. To conclude this matter, pursuant to Section 73.092(2), Florida Statutes, the County has agreed to pay reasonable attorney's fees in the amount of $525.00 to Roetzel & Andress Trust Account. c/o Kenneth A. Jones, Esq. with respect to Parcels 172 and 772, the terms of which are set out in the Agreed Order Awarding Supplemental Attorney's Fees (attached as Exhibit "1"). ,,5~. ISC~ IMPACT: Funds in the amount of $525.00 are available in the Transportation · Impact Fee District ~ Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collitr, County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Supplemental Attorney's Fees SUBMITTED BY: approve the expenditure of the funds as stated Assistant County Attorney Date: AGENDA iTEM NO. l~" k~,, ~ OCT 2 2 2002 REVIEWED BY: REVIEWED BY: REVIEWED BY: Dale A. Bathon, P.E. Principal Project Manager Transportation Engineering & Construction Management NodFeder, Administrator Transportation Division Greg S trakaluse,"Director Transportation/ECM Date: Date: APPROVED BY: David C. Weigel r.53 County Attorney Date: AGENDA iTEM NO. I(./, K OCT 2 2 2002 Pg. 2 2:35 PM To: ~ 7740225 R&A Fort Myer~ Fa~ Page: 003-006 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CO! ] .IER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. DOMINIQUE C. RillS, as Trustee of the 'Land Trust Number S146-1, et 'al., Respondents. Case No.: 01-0819-CA Parcel Nos.: 172, 772 AGREED ORDER AWARDING SUPPLEMENTAL ATTORN'EY'S FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLT IF1;[ COUNTY, FLORIDA, and Respondents, ~T ]~_DA HOUGHGTON SUTI-tF~R. LAN'D, as Trustee of the Residuary Trust established under Article V if the George R. Sutherland Revocable Trust u/dJt dated 5/18/85 by and through their undersigned counsel. KENNETH A. JONES, ESQ., for entry of an Order Awarding Supplemental Attorney's Fees and the Court, being fully advised in the premises, it is hereby ORDF_,ltF-D AND ADJ'UDG~ that Petitioner, COLLIER COUNTY, FLORIDA, sh',dl pay forthwith to Kenneth A. Jones, Esq., ROI~TZEL & ANDRF_~S, 2320 Fimt Street, Suite 1000, Fort Myers, FL 33901, the sum of FIVE I-IUND~D TWE~ FI'YE DOLLARS and No/100 ($52&00), for supplemental attorney's fees pursuant to §73.092(2), Florida Statutes, for fees incurred for attendance and preparation for the apportionment hearing; and IT IS FURTI-~R ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. 1 AGENDA ITEM NO. lq' K OCT 2 2 2002 5 ~ ~ R&A Fort Myer~ F~x Page: 004-006 ~,/24/02 T£~e: 2:35 PM To: ~ 7740225 day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2002. conformed copies to: Heidi F. Ashton, Assist,~ant County Attorney Kenneth A. Jones. Esq. '~ Collier County Tax Collector Circuit Court Judge JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awaxding Attorney' s Fees. Dated Flori{ ROE[ 2320 F ETH A. JONES, ESQ. Bar No. 0200158 ~EL & ANDRF.~S ~t Strut, Suite 1000 Fort M,,era, Florida 33901 (941 337-3850 - T~ephone (941) 937-0970 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 2 AGENDA ITEM NO. /~' K ~ 0TT ? 2 2OO2 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCELS 105 AND 105OB IN THE LAWSUIT ENTITLED COLLIER COUNTY V. FIRST BAPTIST CHURCH OF NAPLES, INC., et aL Livingston Road Phase III (Pine Ridge Road to Immokalee Road) Project. (Payment of $51,175.00) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of a fee simple interest in Parcel 105 and 105OB for the Livingston Road Phase III Project (Pine Ridge Road to Immokalee Road) in the lawsuit entitled Collier Count. v. First Baptist Church of Naples, Inc., et al., Case No. 02-202 I-CA. CONSIDERATIONS: A Stipulated Order of Taking was entered by the court for Parcels 105 (9.99 acres) and 105OB (4.76 acres) on August 27, 2002. After the hearing, the County deposited into the Registry of the Court the combined sum of $627,300 as its good faith estimate of value for these two parcels. Through negotiations, the parties have reached a settlement agreement whereby the property owner, First Baptist Church of Naples, Inc., with the consent of the lien holders, First Union and John Konvalinka, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-98 and 2002-316). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). This Stipulated Final Judgment provides for the resolution of all claims and issues, including the dismissal of the property owner's counterclaim requesting a declaratory judgment against the County. The settlement also provides for the County's construction of certain roadway features as part of the Livingston Road project and the estimated cost of these items is considered a non-monetary benefit by the parties to this litigation. This non-monetary benefit has been estimated at $147,500 for purposes of calculating an attorney's fees pursuant to statute; however the estimated cost of these construction ~items may actually range from $200,000 to $260,000. ~.I The Stipulated Final Judgment provides that the good faith estimate of value, $627,300, shall constitute full compensation for the property rights taken, yt also provides for the payment of $2,500.00 to be paid to Hole Montes as a reasonable engineering fee, pursuant to s. 73.091, Fla. % Stat., and $48,675.00 to be paid to Richard D. Yovanovich, Esq. as attorney fees pursuant to s. 73.092(1), Fla. Stat. This results in an additional deposit by the County in the amount of $51,175.00. In evaluating this proposed settlement, staff has considered the costs to be incurred by the County through continued litigation and the potential outcome at trial, given the relative strengths and weaknesses of each party's claims. In its Counterclaim, First Baptist seeks to have the court declare that it is entitled to current market values for the propert t nrigi,,~ny ......e~ under the terms of the PUD Ordinance 96-2 for Livingston Road and Or~ ngeAlJr~t"-~'lT~v.~e. NO. OCT 2 2 2002 1 pg. / Alternatively, First Baptist has argued that the property should be valued as of November 9, 1999, when the PUD Ordinance 99-78 was adopted. This second ordinance states that the previous PUD, Ordinance 96-2, "is hereby repealed in its entirety." The County has maintained that in accordance with its impact fee ordinance and s. 2.7.2.8.1 of the Land Development Code, First Baptist is required to convey the property at a value prior to the original rezoning, February 12, 1996. In addition, the County believes that the original conditions and terms of PUD Ordinance 96-2 were carried through the adoption of Ordinance 99-78 by operation of law notwithstanding the "repeal" language in the 1999 ordinance. Consequently, the good faith estimate of value deposited in the condemnation action was based on an appraisal valuing the property as of February 12, 1996, at a unit price of $42,500 per acre. Should the court agree with First Baptist and apply curren[market values, the County could be required to pay a unit price per acre ranging from $100,~00 to $120,000, for an additional payment ranging from $848,125 to $1,143,125. If the Court should determine that the 1999 PUD rezone is the operative date for yaluing the property, the County could be facing a unit price of $60,000 to $75,000 per acre f~ additional compensation ranging from $258,125 to $479,375. Should the County prevail, it ~vould nonetheless be required to bear the additional cost of the litigation, which conservatively and in light of the stakes could amount to $80,000 to $100,000. Although staff has discounted the risk involved based on the probability of these events, staff has concluded that a settlement in the amount of estimated construction costs, attorney's fees and costs is reasonable and is recommending the same to the Board. FISCAL IMPACT: Funds in the amount of $51,175.00 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County' Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the attached Stipulated Final Judgmeflt; 2. approve the expenditure of the funds as stated; 3. direct staff to deposit the sum of $51,175.00 into the Registry of the Court; and. direct staff to construct the road improvements in accordance with the Stipulated Final Judgment. NO._ ~ OCT 2 2 2002 pg._ -- SUBMITTED BY: ~ Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Dale Bathon, Principal Project Manager Transportation Engineering & Construction Denartmer}t / Gregg Strakaluse, Director Transportation Engineering & ConstruQion Department ,:~ · Norm~tn Fedef Trantortation Administrator David C. Weigel County Attorney Date: Date: Date: Date: ('t 3 AGENDa, NO. OCT 2 2 2002 pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, Petitioner, FIRST BAPTIST CHURCH OF NAPLES, INC., et al., Respondents. CASE NO.: 02-2021-CA PARCELS: 105, 105OB STIPULATED FINAL JUDGMENT AS TO PARCELS 105 AND 105OB THIS CAUSE having come before the Court upon Joint Motion made by Petitioner. by and through its undersigned counsel, and Respondents, FIRST BAPTIST CHURCH OF NAPLES INC.. JOI-IN P. KONVALINKA as Executor of the Estate of William T. Rogers. and FIRST UNION NATIONAL BANK. by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 105 and 105OB, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, FIRST BAPTIST CHURCH OF NAPLES INC., JOHN P. KONVALINKA as Executor of the Estate of William T. Rogers, and FIRST UNION NATIONAL BANK, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, FIRST BAPTIST CHURCH OF NAPLES, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Hundred and Twenty-Seven Thousand Three Hundred Dollars and No/10~' AG~.Nn~ tT~M i OCT 2 2 2002 ($627,300.00) for Parcel Nos. 105 and 105OB as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages and claims in connection with said parcel; it is further ORDERED that subject to receipt of invoices, engineering fees in the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 105 and 105OB; it is further ORDERED that Respondent, FIRST BAPTIST CHURCH OF NAPI~ES, INC., receive from Petitioner as a reasonable attorney fee the sum of FORTY EIGHT THOUSAND SIX HUNDREDSEVENTY-FIVE AND 00/100 DOLLARS ($48,675.00), which fee is based on a non-monetary benefit agreed upon by the parties and valued at $147,500. Except as provided herein, no other attorney's fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 105 and 105OB; it is further ORDERED that the mortgage lien interests of Respondents. JOHN P. KONVALINKA as Executor of the Estate of \Villiann -F. Rogers. and FIRST U',.~ION NATIONAL BANK, are not impaired or diminished by virtue of the taking of Parcel Nos. 105 and 105OB, and therefore, JOHN P. KONVALINKA as Executor of the Estate of William T. Rogers, and FIRST UNION NATIONAL BANK, are not entitled to any portion of the full compensation described herein or any costs or attorney's fees in their defense of this action; it is further ORDERED that the Petitioner shall construct certain roadway features along Orange Blossom Drive and Livingston Road as part of this project, which are more particularly described as follows: (1) eastbound right turn lane from Orange Blossom Drive into the eastern and western driveways of the First Baptist site, respectively; (2) westbound left turn lane from Orange Blossom Drive into the western driveway of the First Baptist site; (3) aa;.~..~ ..... --- ~,~'~'~6~,'~TF.M _ NO.. lC, P_& OCT 2 2 2O02 through lanes on Orange Blossom Drive between western driveway of First Baptist and Livingston Road: (4) additional northbound left turn lane (expansion of single left turn lane to dual left turn lane) from Livingston Road onto Orange Blossom Drive; (5) northbound left turn lane on Livingston Road into southern driveway of First Baptist site; and (6) southbound right turn lane from Livingston Road into northern and southern driveways, respectively, of the First Baptist site; all said improvements to be constructed in accordance with the plans and specifications for the Livingston Road, Phase III. improvement project. County Project No. 62071. as amended: it is further ORDERED that the foregoing road improvements shall constitute a non-monetary benefit to the Respondent, FIRST BAPTIST CHURCH OF NAPLES., INC., in the amount of $147,500, as agreed upon by the parties: it is further ORDERED that Petitioner shall deposit an additional FIFTY ONE THOUSAND ONE HLENDRED AND SEVENTY FIVE AND 00/100 DOLLARS ($51,175.00) subject to approval of the Board of County Commissioners within forty-five (45) days of the date of this Stipulated Final Judgment: it is further ORDERED that the Clerk of this Court shall disburse the total amount of SIX HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED ANI~. 00/100 DOLLARS ($627,300.00) to Respondent, FIRST BAPTIST CHURCH OF NAPLES, INC., c/o Richard D. Yovanovich, Esq., 4001 Tamiami Trail Noah, Naples, Flo~da, 34103, less any amounts owed to the Collier County Tax Collector for taxes on Parcel 105OB, and less any amount previously paid to Respondent; it is further ORDERED that the Clerk of this Court shall disburse the sum of TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($2,500.00) to Hole Montes, c/o W. Terry Cole, AGENDA ITEM NO. OCT 2 2 2002 950 Encore Way. Naples, Florida, 34110, for engineering fees pursuant to Section 73.091, Florida Statutes: it is further ORDERED that the Clerk of this Court shall disburse the sum of FORTY EIGHT THOUSAND SIX HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($48,675.00) to Richard D. Yovanovich, c/o Goodlette, Coleman & Johnson, 4001 Tamiami Trail, Suite 300, Naples. Florida, 34103, for attorney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that this Stipulated Final Judgment resolves any and all claims and issues between Petitioner and Respondents, FIRST BAPTIST CHURCH OF NAPLES INC., JOHN P. KONVALINKA as Executor of the Estate of William T. Rogers. and FIRST UNION NATIONAL BANK pertaining to the Livingston Road Project (Project No. 62071): it is further ORDERED that the Counterclaim filed by Respondent, FIRST BAPTIST CHURCH OF NAPLES. INC., is hereby dismissed with prejudice; it is further ORDERED that title to Parcel Nos. 105 and 105OB. being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3041, Page 1491 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 105 and 105OB; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore AGENn~ ITF~ OCT 2 2 2002 day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2002. Hugh D. Hayes Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Assistant County &!tomey Richard D. Yovanovich, Esq. John P. Kovalinka First Union National Bank Jean G. Howard, Esq)" E. Glenn Tucker, Esq. AGREED MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCELS 105 AND 105OB Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents. FIRST BAPTIST CHURCH OF NAPLES, INC.; JOHN P. KONVALINKA as Executor of the Estate of William T. Rogers: and FIRST UNION NATIONAL BANK. stipulate to the statements contained in the foregoing Stipulated Final Judgment and respectfully move for entry by this Court of the foregoing Stipulated Final Judgment as to Parcels 105 and 105OB. Dated this ~ day of ,2002. AGEND6 IIEM NO. _, ._1(~ ~L,~ OCT 2 2 2002 pg. RICHARD YOVANOVICH, ESQ. Florida Bar No. GOODLETTE,COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 941/435-3535 - Telephone 941/435-1218- Facsimile Attorney for First Baptist Church of Naples, Inc. ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile Attorney for Collier County, Florida JOHN KOVALINKA, As Executor of the Estate of William T. Rogers 633 Chestnut Street, Ninth Floor Chattanooga, TN 37450 By: .Pres./V.P. FIRST UNION NATIONAL BANK 301 S. College Street Charlotte, NC 28288 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy or' the foregoing Agreed Motion for Stipulated Final Judgment As to Parcels 105 and i050B has been furnished via U.S. Mail to those persons listed below on this day of ,2002. Guy Carlton, Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 Florida Power & Light c/o Jean G. Howard, Esq. 9250 W. Flagler Street Miami, FL 33174 AGENDA ITEM No._ OCT 2 2 2002 pg, ~ ELLEN T. CHADWELL ? b/ 'ii Ji i,~kT ) 200 ~t /"°'-~c~'~ COt LIt It ('L)LIl[l]', ri ,~)~', ~. JOHNSON ENGINEERING. INC. P[,~OJ£CT NO,; ....... 6-2-0-7]..- t'ROJl':¢, I lAX [::'ARC£L i'10: DESCRIP llOll: PAR, EEL 1Off A PAl?EEL OF LAND LOCATED 1It SECIlOi.I 1, f~)wIl.'-;llll' .lu fiOUlll, R.4i'I(;E 25 EAST, COLt. IER COLtHTY, FLORIDA, .A/-ll'~ t][lllt.; MOld' DESCRH3ED ,AS FOLLOW.S: COMMENCE AT ltlE EAST QUARIER CORNt:I~ UI' %lh£1h)[I t, It)WllSIIIl' SOUl-II, RAHCE 25 EASI' AIID RUII SOU[H 01'15'32" 1:'.~.5'i .-.,LL~IIG lille LINE Of SAID SECTION 1, A DISTANCE OF 518.35 FEE'[ '10 Afl INIERSE¢IIOH Wl'[ll TIlE SOUIII LINE OF BRIDGEWAIEt? t]At- t)[lll 1, A SLJl;II)IVISIOII AS RECOI~DED IAI PLAT BOOK .34, PAGES 87 IIII¢OLII;II U/S ~)F IIIh l'LJ[lllt: RECORDS OF COLLIER COUflIY, FLORIDa, S.x!l) POlllt ;,,1%O BLIIIG ltl[ POdll OF BE0111NING; THENCE CONliHUE SOUltl 01'13'52" EASI ALO/10 SAID EAS'I LINE OF SECTION 1, A DISTAHCE OF 1580./5 FELl lO At.l IIlIEliSEC'IiOI.I WITtt THE NORTII LINE OF TItAT PARCEL OF LAI.iD AS RECORDED II'l OFFICIAL RECORDS BOOK ~735, PAGE 386 OF file PUblIC RECORD:; OF COLt~ER LIt.lC OF ]~,E PARCEL OF LAI4D Afl RECORi)~'I) 1f OFFICIAL ieECOli05 O1'13'.52" ',',: & MID PARALLEL ~,', l~t %AiD t-2%l (!:1t i>t- %~.,;liUii ';, ~, DISI'ArlCE OF 253.06 FEET; '~tt[I.ICE RUII fk)ttil 12'ilfl-I" l-",.Sr, A DISTAfiCE OF 51.29 FEEl TO AH II,I'IERSECItOli Wtitl lilE IASICRLY LtflE OF A 125 FOOT FLORIDA POWER AND LIO~tI' COMPAIti [:A%Ehflf,ll; !JlEIICE hlORh-i 01'13'32" WEST ALONE SAID EAS1ERLY t_IIIE OF IIIL 125 AUDi FLORIDA POWER AND LIOFI[ COMPANY [ASEM[H! Arli) PARALt_EL Wlttl SAiD EAST Lit4E O,:- SECTION 1, A DISTANCE GE 530 54 FEEl'; lllErlCE 2OUT~t B~?~5'2~" WEST, A DISTANCE OF 12.00 I-L-El: Ii~EriCE RUN 01'13'32" ','~57 AND PARALLEL l~'~frt SAID EASE Llr~[] OF SECl,O¢i !. q DISTAl,iCE OF 262.02 FEET. THENCE RUI~ i.~ORI[~ 12'~9'02" CAS'I, A DISTAl,CE OF 51.24 FEET TO AN IN1ERS[CIIOH WI!II SAID I AS1ERL'~ OF A 125 FOOl FLORIDA POWER AND LICtil COMPAr,IY EA2E~.IENi; I~tEIICE RUN NORTIt 01'13'32" WEST ALONG SAID EASI[RL'¢ L~HE OF q 125 FOOT FLORIDA POWER AND LI0tlT COblPANY [ASEMEtlT Al'ti) PARALLEL Wl itm SAID EAST LIHE OF SECTION 1, A DISTANCE OF 33774 Fi-E1; lflENCE RUIq SOUTH 8B'46'28" WEST, A DISTANCE OF 12.00 FEET; THEI.IC[_ RUH NORIH 01'13'32" WEST AND PARALLEL WITH SAIO EAST LII'i[ OF SECTIOll 1, A DISTANCE OF 23.79 FEET; THENCE RUN SOU'Itl B9',15'53" CAS1, A l)lSfAtlCE OF 12.O1 FE~T '[O AN INIERSECIlON Wtlll SAID I.ASI[RL'( LINE OF A 125 FOOT FLORIDA POWER AND LICHT COMPAHY EASEMENT; 1HENCE RUN l,lORitt 01'13'32" WEST ALONG SAID EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT Al,ID PAltALLEL WI Ill SAID LINE OF SECTION l, A DISTANCE OF 72.02 FEEl' TO AN INTERSECTION W~TH SAID SOUTtt LINE OF BRIDGEWATER BAY - UHIT 1; I'HENC[ RUN SOUTH 89'45'5~" EAST ALONO SAID SOUTH LINE OF BRIDOE¥tATER BAY - UNIT 1, A DISTANCE OF 275.09 FEEl' TO THE SAIl) POIH'I O1' BEglHt,lll,IO. CONTAINING 10.1.36 ACRES OF LAND, MORE OR LESS. SKE'I'Ct-I Al.l!.) OESCRIP'IIOH JOHNSON ENGINEERING, INC. lklOINIFIIi, IURyFYOtll /ND I¢OLOIIll'I SECILOll 1, tOWII$111P 49 SOUIti, RAHGE 25 EAS[ COLLIER COUN]Y, FLORIDA PAEc_r';-L ,,40. [05 op.. III I PA~c~_L ~o. Io~ I, 1.lc rc 5+- LEGAL DESC~PTION P.~CEL 20~GE BLOSSOM DRIVE Being a p~ of Seelion l, Town~hip 49 South, Rang? 25 E=gk Cailier Count, Fl,ri& mcr= p~i~ul~ly described ~ follo~: ' CO/v[MENCLNG at the Southeast comer of Section l, Township 49 South. Range 25 East, Collier County, ?tond~; thence run along the East line of gaud Section 1, North 0° 5_3' 28" West, 2658.42 feb't; thence nm North 89°25'49'' West 275.i3 fe~t for a POD4T OF BEGENNINGi thence South 0°53'28'' East 72.02 feet; thence North fl9°25'49" West 1529.23 feet to a point of curvature cfa cue-ye concave to the Southeast; thence van 267.20 feet along the arc of said CLLr'Ve having a radius of 98g.00 feet, a central angle of 15 °29'43", a chord of 266.39 feet and a eh,rd bearing o£South 82°49'19" West to a point of euzp; thence nm South g$ °50' 36" West for 56.09 feet to a point of curvature o£a curve concave to th= Southe~t; thence nm 65.15 feet along the m-c of s~id curve having a radiu~ of 1000.00 feet, a central angle o£03°43. 58", a chord of 65.14 feet and a chord bearing of South 70 °02'57" West to a point o ftangency; thence nm Sout~ 68 ° 10'58" West for 283.98 feet to a point of cm'vat'm-e o£a ctu-ve concave to the Northwest; thence nm 352.14 feet along t.h¢ arc ct sa. id curve t~awlng a radiuz ofg00.00 feet, a centr-M a_ugle of 22°25'Oa'', a chord of 349.90 feet and a chord bern-mc of South 79 °23'30" West to a point o£tangency; thence nm South 89 °23'58" East for 0.28 feet; thence run North 02 °50'06" West for 100. I g feet; thence nm Nor',h 89°23'58'' West for 6.29 feet to a point of curvature of a curve concave to the Northwest; thence run 313.01 feet along the arc ofsald curve having a ra~us of 800.00 feet, a centred angle of 22 °25'04", a chord o f 311.02 feet and a chord bearing of North 79 °23'30" East to a point of tangefi'cy; ~ence nm North 68 °10158'' East for 263.98 feet to a point of eurvan.u-e ,fa curve concave to the southeast; thence nm 132.24 feet along the are ofsald cttrve having a radius of 1100.00 feet, a central ~gle of 06'53'18". a chord of 132.17 feet and a chord bearing of North 71 *37'37" East to a point of cusp; Thence nm South 89°25'49'' East for 1831.33 feet to the POINT OF BEGD4NTNG, containing 4.76 acres more or less and subject to easements, restrictions and reservations *free,rd. Prepared By: Carol E. Nelson, P.A. Florida: ~.eg. No. 5013 June 9, 2000 A~END~ }TF..,~ OCT 2 2 2002 EXHIBIT EXECUTIVE SUMMARY APPROVE OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS l18A, 821B AND 821C IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TIBURON GOLF VENTURES LIMITED PARTNERSHIP, ET AL., (Livingston Road Project #62071) FOR $1,800.00. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of a fee simple interest and the easements designated as Parcels 118A, 821B and 821C for the Livingston Road project in the lawsuit entitled Collier County v. Tiburon Golf Venlures Limited Partnership, el al., Case No. 02-1909- CA CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 62071). On September 12, 2002. Collier Count)' deposited with the Registry of the Court the sum of Twenty Five Thousand Seven Hundred and No/100 Dollars ($25.700.00) for Parcels 118A. 821B and 821C in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Tiburon Golf Ventures Limited Partnership will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-98. duly adopted by the Board of Count3' Commissioners on FebruaD~ 12. 2002. and amended by Resolution No. 2002-316 duly adopted by the Board of County Commissioners on July 30. 2002. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Twenty Seven Thousand and No/100 Dollars ($27,000.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcels 11SA, 821B and 821C, and Five Hundred and No/100 Dollars ($500.00) to be paid to, Kelly Geraghty Price, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of One Thousand Eight Hundred and No/100 Dollars ($1,800.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. (~Ir~SCAL IMPACT: Funds in the amount of $1,800.00 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. AGENDA ITE.~ ~.~ No._ IL,, :--4 OCT 2 2 2002 1 Pg. / GROWTH MANAGEMENT Management Plan. IMPACT: Consistent with the Collier County Growth RECOMMENDATION'.., 1. 2. 3. That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $1,800.00 into the Registry of the Court. SUBMITTED BY: ,// Heidi F~ As'hton Assistant County Attorney Date: I0 ~ t/ ~© ~ REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Dale Bathon Project Manager Transportation Utilities and Engineering Departmqnt Greg Strakaluse, Director Transpprtation/ECM TrCsportation Administrator David C. Weigel County Attorney Date: Date: Date: 2 AGENDA ITZM .o. OCT 2 2 2002 pg. C~,..~..~ LOCI~OOD LLC ~002 ~0/0~/2002 ~2:00 YAZ 2~9~2 g41 TT40ZS:$ T-iii P.OOZ/Og$ F-IOI IN THE CIRcUIT COURT OF THE TWENTIETH ~UDIC!AL CIRCUIT IN AND FOR COT]-~R COtTNTY, FLORIDA CIVIL ACTION Case bio.: pm-cci Nos.: 02.1909-CA llgA, 821B & $21C STIPULATED FINAL JI~DGIV~NT THIS CAUSE having come befcrrc the Com'r upon loint Motion mad= by Petitioner. by and ~hrough im undsrsigqaed counsel, and Respondcm, TIBURON GOLF YENvl~TM LINIITED pARTNEKSI-IIP, by and through its undczsigned counsel, Kelly Gczaghty Prig,, Esquire, for entry of a Stipulated Final J'udgm=nl .as to parcel NOS- t ISA, 821B and g21C, and it appearing to thc Court that thc pani~ ~ authoriZ~ t~ make such Mo~iou. the CoUlm finding that th= to be paid by Petitioner is th, full c~adon duc Respond=hi., T1BURON~OI-F VENTURES LIMITED PAR~SI-ilP, and the Court being orhurwime Fdly a~Ivlsed in th= pmmi~es thereof, is thereupon oRDER.~ A_ND ADJ rIDGED ~h,,t Rcspon~nt. TI~URON OO~ V~2,1TLV]I.~ tdlMI'rED PAR~. haw and recover from Pe. dfioner, COLLIB~ COUNTY, FLORIDA, thc sum of Twenty Thousand and No/100 Dollars ($10,000.00) for Pardi No. 115A, the sum of Thirty-Fiw Hundred and No/100 Dollars ($3500.00) for Parcel No- $21B and Thirty-Five Hundred and No;100 Dollars ($3S00.00) for parcel No, ~21C for an aggreSatz sum of Twenty- Se en ~m,t No/100 Dollars ($2;,000.00) ss full payment for ~he propc~y interests taken ~ d for 0 C 10/01/2002 12:00 ~.AX 2392626092 CI.?~IINGS & LOCKWOOD LLC ~004 Oot-Ol-OZ I1 :ZB~m Frge-Colii~r ~unty Attorney Offioe 841 ?T4 02Z5 T-969 P.003/006 F-lOt re~ultin$ to the remainder, if l~ss than :he entre property w~ taken, business chtm~-~, a~tl for ali other d~gcs tn connection with said parcels; it is ORDE1;LI~ AlqD ADI-LTDGI~ th~ Respondent, TI~URON GOlF ~R.~_~ pAICTI'q'EI~IfllP, receive ~om Pelitioner as a r~asonablc auorncy's fee tho sum of Five Hundred alld Nor100 Dollars (5500.00). No other attorney l~ccs shall bc awarded in connexion with ebovc~ryled caiis¢ of action ~s it relates to Par'cci Nos. 11SA, g21B and 821C; it is OP, DlgI~a'T~ thu~ PctiIioner shall deposit a~ .additional One Thousand Ei~t Hnmtred and N~FI_00 Oolh~ ($1800.00) subjrx:{ to approval of :h~ Board of County Commissioners within thirty (J0) days of the clare of this Stipulated lin.al Judgement; it is fu.TlhCT ORDt!iR.ED that the Court reserves jtlri$clicfion to apportion end disbtlrs~ Ge award of Twenty Thousand and No/100 Dollars (S20,000.00) referred to above: it is further ORDL:rLa, t~ thai tho Clerk shall clisbu-rs¢ th: sum of Se'~en Thousand and No/100 Dollars (§7,000,00) to CUMMIHG$ & LOCKWOOD TKUST ACODUNT o/o F~sqtgm, ~001 North Tamiarni Trail Post Of-lice Box 413032, Nettles, ~o~ida 34101-3032 tess arnotmts previously paid for th~ b~cI'it of tLesponcl~nts as to parcel Nos. 821B and 821C: i~ is ORDI~,I~ thai Tl~e Clerk of :his Court shall disbttrsc lilt sum of Five Hundred and No/100 Dollars (T~O0.O0) to Cl.l~min~s & LOCIL'WOOd Trust Account c/o Kelly G-~raghw Prk~, Esquire, 3001 ~orth Tamiami Trail, Post orl'~c~ Box 413032, Naples, Florida 34101-3032 for al:~omey riles of ail R~~; it is further ORDI!~HD thai ~itle to Pm-el Nos. lISA, $21B and 821C [~ simple inter--t, bein§ fully cles~rl~ in Exhibit "A" attached hereto and incorporamct herein, which vested in Petitioner pursuant to the Order of Takins dated August _~ZT, ~_002, and the delx~it of money heretofore made, are a, pl~roved, ratified, and ~onfirrru:d; it is further AGENDA. IT£M., I ao. / OCT 2 2 2002 Pg. 0/01/2002 12:00 FAX 2%92828092 CU~IIINGS & LOCKWOOD LLC ~005 1-OZ 11:ZSw~ Fro~-Coll~er County A~orne¥ ORD~ tha~ tho No6ce of Lis pendens flied ~n ~c abovo-s~ylod c~u~ and ~d i~ O~cial ~ B~k 3036, P~ 2~0 of ~c ~btic R~ ~ ~cr ~unty, ~o~ bc ~s~s~d ~s ~ ~el N~ t 1 ~; ~2 lB ~d 821C; an~ it is ~ O~~ ~ t~s Sgpuls~d ~ lud~t is w be ~~ in ~ ~ci~ ~or~ of Cellier C~, ~da; it b ~fo~ DO~ ~ O~E~ in Ch~ ~ H~lcs. Colli~ C~, Eofld~ this ~ 200~. day of CIR, CLIIT COURT JUDGE OCT 2 2 2002 Pg. ~ ~0/0~/2002 12:00 FA~ 2392526092 CI.q~INGS & LOCI~OOD LLC ~008 Oct-Ol-O2 11:Hi Froll-¢DIlier Couflt¥ A'~tornoy Office 641 ?74 0226 T-gig P.005/008 F-161 JOINT MOTION FOR STIPULATED FINAL JUDG~ The Parries h~'eby stipulate and rcspecffully rc~ue~ chis Co~ ~o enter th~ foregoiu$ Stipulated Final ~[uclgrn~T as ~o Parcel No. t T~A, 821B anti 821C, l~orida Bar No.: 8~9539 CLTMM:INGS & LOCICWOOD, I_LC 3001 Notch Tami~mi 'frail P. O. Box ,M3032 1VaplcS, Florida $~i01-3032 (?.39) 649-31~ l - Tcl:ph omc (,239) 262,-6092- Fa~$1rail~ ATTORNEY FOR RESPO1N'D:ENT T-IEIDI F. AST-VfO~1, RSQUIRE Florida Bar No,: 0966770 CO~ ATTORNEY'S O'~'F[C-.~ l-iarmon Turner Building 3301 East Tamiami Trail ,Naplet, Florida 34112 ~29} '7~-g400 - Telephone ~239) 774-0225 - Facsimile ATTOI~NEY FOt~ PETITIONER AGZNr')A IT£~,.; ' NO. OCT 2 2 2O02 Pg. ~ PR0~ECT PARCEL NO: 11BA L TAX PA,RC~L NO.*' * ' GR~HIC SC~ F.P.L. O,R. P,C.P. iNOICA1T~ PT,ORiDA PORT. R ~ UGHT iI,~ICAIT~ OFfiCIAL I~C43K)S PERIL'Q4ENT CONTROL POINT SKETCH AND DESCRfPllON SECT1OH 38. TOWN~iHt~I 4~ ~OU'IT.I, RANGE; 2B E.A~T COLUER COUNTY, FLORIDA ' i JOHN80N ENOINEERIN~, INC. I ,a-~ I .,3,,, I'.~..,_.,. 1'"'. .... ~i._ OCT 2 2 2002 , ,,~u~ r'^,'~L~.L NO.:__..._~.L TAX PASCAL NO.: DESCRIPTION: PARCEL 11BA A PARCEL OF LAND LOCATED IN SECTION .36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - · COMMENCE AT THE SOUTHEAST CORNER OF SECTION .36, TOV~ISHIP 48 SOUTH, RANGE 25 EAST, COMJER COUNTY. FLORIDA AND RUN NORTH 02'05°57" WEST ALONG THE EAST LINE OF. SAID SECTION :~6, A DISTANCE OF 150.14 FEET TO AN INTERSECTION ~TH THE NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION (150 FOOT RIGHT-OF-WAY); THENCE RUN NORTH 8g';~9'40' WEST ALONG SAID NORTH RIGHT-O~--WAY .lINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 510.48 FEET TO AN INTERSECTION ~TH THE WESTERLY lINE OF A 110 FOOT FLORIDA POWER AND LIGHT COMPANY EASEHENTi SAiD P~NT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'59'40" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION; A DISTANCE OF 617.61 FEET; THENCE RUN NORTH 00~0'20' EAST, A DISTANCE OF 11.00 FEET; THENCE RUN SOUTH 89'39'40' EAST AND PARALLEL WlTH SAID NORTH RIGHT-OF-WAy LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 617.14 FEET TO AN INTERSECTION WITH SAID WESTERLY LINE OF A 110 FOOT FLORIDA POWER AND IIGHT'COMPANY EASEMENT; THENCE RUN SOUTH 02'05'57' EAST ALONG SAID WESTERLY LINE OF A 110 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT, A DISTANCE OF 11.01 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.156 ACRES OF LAND, MORE OR LESS. SKETCH AND DESCRIPTION SECTION 58, TO'M4SHII~ 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA ,JOHNSON ENGINEERING INC, AGEN OCT 2 2 2002 Pg. , PERPETUAL, NON-EXCLUSIVE PROJECT; NO. ~ DRAINAGE EASEMENT ' T~ PMC~"L NO. ~ ~ _ SECTION $I, TOWNSHIP 48 SOUTH, RANGE 2.6 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAG£ EASEMENTS (NOT SURVEyI (sgE SHEET 3 0~ A 3 FOR DESCRIP~ON OF DRAINAGE EASEMENTS) ' i OCT 2 2 2002 PERpETuAL, NON-EXCLUSIVE DRAINAGE EAEEMENT PROJ[CT: NO,, 62~8 PRODUCT PARG~ NOS: TAX PAR(~.L NO. : SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENTS rNOT A SURV[Y) { I ~ -- "" -N "'- I' MA TCHUNE SEE SHEET I OF 3 PREPARED -BY: OCT 2 2 2002 K2M1 PROJECT PARC~. NOS: ~ TAX p~ NO. SECTION ~, TOWNSHIP ~8 SOUTH,'RA~GE 26 COLLIER COUNTX FLORIDA EAST PARCEL 827B DESCRIPTION OF DRAINAGE EASEMENT A 40' X ~' FOOT W/4~ ~alNag~ [.AL~['NT ~ UNMR aM) ~ ~T~ ~ ~ ~T ~ ~ ~r ~ ~ ~ ~ ~T PERPETUAL, NON-EXCLU81VE DRAINAGE EASEMENT PARCEL 821C DESCRIPTION OF DRAINAGE EASEMENT. ~N~ ~O& ~lNO MORE PAR~L~LY ~ AS F~LO~' ~11'2~' ~3T AL~G ~ ~ST ~ N~ B~48'3~' EAST ~ ~ ~ o211'23' EAST 40.~ ~; ~E EA~T ~ DE~iB~. C~TAINtNG 18~ S~E ~T ~ PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT PREPARED*By: ~C~ 31. ~. ~ ~, R~ 26 E., AS BE~O N ~'~7' ~ ~ OF ~ ~o. OCT 2 2 2002 Pg. /,~ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 187 IN THE LAWSUIT STYLED COLLIER COUNTY V. MANUEL ALVAREZ, ET AL., CASE NO. 02-2182-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 187 for the Immokalee Road, Phase One project in the lawsuit styled Collier County v. Manuel Alvarez, et al., Case No. 02-2182-CA. CONSIDERATIONS: On August 27, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5,000.00 for Parcel 187 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $9,000.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 187. There are no attorney fees or other costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of S4.000.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $4,000.00 are available in the FY 03 adopted budget. ~x'/ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and AGEND.A. I,TF~. _ direct staff to deposit the sum of $4,000.00 into the Registry of the Co rt. NO. OCT 2 2 ; Pg- ---% SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: ~~. ~. ~_~. ,~ Date: (.~L~ Thorpe, Principal Project Manager Transportation Utilities & Engineering Dept. REVIEWED BY: Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management Date: REVIEWED BY: APPROVED BY: Nomqan E. Feder. Administrator Transportation Division l~ax id C. Wei~l, C~unty )d~mey Date: /o..- /~.--W~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2182-CA-HDH Parcel No.: 187 MANUEL ALVAREZ. et al.. Respondents. STIPLq~ATED FINAL JL'DGMENT THiS CAUSE ha,, in~, come before the Court upon Joint Motion made bv Petitioner. COLLIER COUNTY. FLORDA. bv and through its undersigned counsel, and Responde.3ats. ' ¥ STEPHANIE SWANK and ANDREW CASSAS, bv and through their undersigned counsel, for entrx of a Stipulated Final Judgment as to Parcel No. IS7. and it appeanng to the Court th;',t thc parties are authorized to make such Motion. the Coun finding that the compensation to be paid bx.' Petitioner is the full compensation due the Respondents. STEPHANIE SWANK and ANDREW CASSAS. and the Coul-[ being otherxvise full',' ad,,,ised in the premises thereof, it is thereupon ORDERED AND ,ADJUDGED that Respondents, STEPHANIE SWANK and ANDREW CASSAS, have and recover from Petitioner, COLLIER COL.~TY. FLORDA, the sum of Nine Thousand and No/100 Dollars ($9,000.00) for Parcel No. 187 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire AGENDA I'['EM ~- 2002 property was taken, business damages, and all costs, including attorneys fees and appraisal costs, and for all other damages in connection with said parcel; it is further ORDERED that except as provided herein, no attorney's fees. appraisal fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 187: it is further ORDERED that Petitioner shall deposit an additional Four Thousand and No/100 Dollars ($4,000.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment: it is further ORDERED that the Clerk of this Court shall disburse the total amount of Eight Thousand Nine Hundred Fifty Seven and 34/100 Dollars t$8.957.34) to Brigham Moore. LLP Trust Account. c/o Gregory S. Rix, Esquire. One Tampa Citx Center. Suite 3410. Tampa. FL 33602. less an,, amounts previously paid for the benefit of Resr>ondcnts. STEPHANIE SWANK and ANDREW CASSAS; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Fortv-Tv~'o and 66/100 Dollars 1S42.66} to Respondent. COLLIER COUNTY TAX COLLECTOR. c/o E. Glenn Tucker. Esquire. Rhodes & Tucker. P.O. Box 887. Marco Island. Florida 34146: ~t is further ORDERED that title to Parcel No. 187. being full,.' descnbed in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27. 2002. and the deposit of money heretofore made. are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3048, Page 0130 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 187; and it is further OCT 2 2 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County. Florida, this day of ,2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney' Gregory S. Rix, Esq~uire Bookkeeping Hugh D. Hayes Circuit Court Judge ,~OINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Com't to enter the foregoing Stipulated Final Judgment. Dated: 00-2~?-O''Z- G~X. ESQUIRE Florida Bar No. 0317217 Btsgham Moore. LLP One Tampa City Center Suite 3410 Tampa. Florida 33602 (813) 318-9000- Phone (813) 318-0700- Facsimile Attorney for Respondents Stephanie Swank and Andrew Cassas Dated: [ 0 ] 'Z / 0 ,,~ H ;i-fil ,CSH TO. . ESQUIRE Florida Bar No. 0966770 Assistant County' Attorne? 3301 East Tamiami Trail. SIt' Floor Naples. Florida 34112 (941 ) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner A C-. -. -. -. -. -. -. -. -~ D ~t rrE~d OCT 2 ZOO2 2. 5csis of Deering ts Dict. 3. 5abject to easements, reservations "P~e Eosteny 49.00 feet of Tract ~2-' of Golden Gate Estctes U~t 22 as rest-:c:icrs of record. 4. All 0imensions ore plot uniess otherwise N - 53 ~C3 222 !S<£TC'I- A,~ DESCRi?'CN lWl LKISON & TE$ N6. I ~NGINE-.-R$, SURVE'fORS AND PLANNERS {941) 543-2404 F~ NO, (941) 643-5!73 ~ORIDA BUSINESS UC~S[ NO. ~5770 SCALE I S~K'/SUB w.C. NO. DRAWN BY i F1L.~ NAME /AS NOTEDI GGE 22 C, 014.~ EAW DA~. I SHE~'T r~:~ =O CHECKEC -,mY I DWG. NC. DJH j IR-L-187 AGENP'" rrEM¢ ~ OCT 2 2 2902 EXECUTIVE SUMMARY 'BOARD APPROVAL OF MEMORANDUM OF AGREEMENT/LETTER OF UNDERSTANDING FOR THE BOARD OF COUNTY COMMISSIONERS AND FOR THE COUNTY MANAGER WITH THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2002-27. OBJECTIVE: Board approval of Memorandum of Agreemenl/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee pursuant to Collier County Ordinance No. 2002-27. CONSIDERATIONS: On May 28, 2002, the Board of County Commissioners adopted Ordinance No. 2002-27, creating the Pelican Bay Municipal Service Taxing and Benefit Unit. This ordinance came forward to the Board for consideration and approval following a lengthy process of Pelican Bay community and Advisory Committee involvement with the Clerk of Courts to effectively revise the predecessor Pelican Bay MSTBU ordinance, repeal it and related inconsistent ordinances. This updated Pelican Bay MSTBU ordinance provides a new recommendatory balloting procedure as part of the process of selection and appointment of qualified persons to the Pelican Bay MSTBU Advisory Committee upon future Advisory Committee vacancies, commencing in December, 2002. Additionally, Section Thirteen of the Ordinance, entitled "Functions, Powers and Duties of the Committee", paragraph E, provides for the Committee to enter into a Memorandum of Agreement/Letter of Understanding with the Board and with the County Manager. The original drafts of these memoranda were created by and through the Clerk and Pelican Bay Advisory Committee and were approved for legal sufficiency by the County Attorney. These memoranda provide for the Board and the County Manager to recognize and accept the direction of the Committee in policy decisions and exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay MSTBU. The parties to the memoranda recognize and agree that all ultimate policy making powers of this MSTBU are reserved to the Board and all ultimate administrative and ministerial powers, duties, responsibilities, decisions and control related to the operations of the Pelican Bay MSTBU are appropriately retained by the County Manager. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: For the Board to approve the Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee pursuant to Collier County Ordinance No. 2002-27. PREPARED BY: David C. Weigel, Count~}Attorney AC~aNDA ITEM NO. C_~.~.~AT OCT 2 2 2002 Memorandum of Agreement/Letter of Understanding This is a Letter of Understanding/Memorandum of Agreement between the Collier County Board of County Commissioners and the Pelican Bay Municipal Service, Taxing, and Benefit Unit Advisory Committee. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit, and to that end the most efficient method of operation is to allow the Advisory Committee those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Four of Ordinance No. 2002 ,~7.., the Board of County Commissioners do make this declaration: That the Functions, Powers and Duties of the Committee as listed in Section Thirteen of Ordinance No. 2002-.~7_~ are a full and complete listing of the responsibilities of the Committee; That the Board of County Commissioners shall accept the direction of the Committee in its policy decisions relating to the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002-~.. to the maximum extent allowed by law, unless and except when there ~s some overriding governmental reason to do otherwise. o That all ultimate policy making powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as Ex officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit pursuant to Florida Law. Entered into this day of .... 2002. Chairman Board of County Commissioners of the Advisory Committee AGENDA [TF./vk NO. OCT 2 2 2002 Pg. ~., Memorandum of Agreement/Letter of Understanding This is a Letter of Understanding/Memorandum of Agreement between the Office of the County Manager and the Pelican Bay Municipal Service, Taxing and Benefit Unit Advisory Committee. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefits Unit, and to that end the most efficient method of operations is to allow the Advisory Committee those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Four of Ordinance No. 2002 - ~_~_, the Office of the County Manager does make this declaration: That the~,Functions, Powers and Duties of the Committee as listed in Section Thirteen of Ordinance No. 2002 - ~ are a full and complete listing of the responsibilities of the Committee. / That the County Manager shall accept the direction of the Committee in its exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002 - ,,~'7 to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. That all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Pelican Bay Municipal Service, Taxing and Benefit Unit are appropriately retained by the Office of the County Manager, in conformance with County Ordinances 93-72 and 95-49 (Collier County Administrator Ordinances), under the policy direction of the Board of County Commissioners sitting as the ex officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit. Entered into this day of ,2002. County Manager ,,/ O~ai~an of the Advisory Committee Approved for form and leg~ sufficiency County Attorne~ AG A -~-'-- OCl 2 2 2002 EXECUTIVE SUMMARY CU-2002-AR-2366 RON BEAVER, REQUESTING A CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PER LDC SECTION 2.2.3.3.7, TO ALLOW A LAKE EXCAVATION ON 6.6 ACRES LOCATED AT 4640 31sT AVENUE NE, FURTHER DESCRIBED AS TRACT 144, GOLDEN GATE ESTATES UNIT 67, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use for a lake excavation to allow approximately 52,000 cubic yards of material to be removed. Of that, 4,000 to 6,000 cubic yards will be used on site xvith the remainder sold and removed. The removal will require approximately 20 trucks per day for 134 working days. Excluding weekends and holidays, the excavation will take approximately 6-12 months depending upon demand. Access will be from Desoto Boulevard to the site. The application indicates most traffic will be directed north on Desoto Boulevard to County Road 858, however a limited number of trips may go south. There are no residences within close proximity of the site. The site plan also shows one single-family home on the subject tract. The single family home will be the principal use of the site. The parcel is located wholly within the "E" Estates zoning district. Limited excavations are allowed within the Estates district as accessory u~es [see quote below], however the proposed use exceeds the limits for an accessory use, therefore c~6nditional use approval is required. FISCAL IMPACT: ~ If the earth mining operation proposed in this conditional use petition comes to fruition, the applicant will be required to pay the Road Damage Repair Fee (LDC 3.5.9.3.), which requires a payment of a fee based upon $0.047 cents per cubic yard of excavated fill material. This fee was adopted to offset the cost of road damage repairs attributable to the hauling of excavated fill material across county roads. In addition, the applicant must receive approval of, and pay thc appropriate fees for, an excavation permit. As part of the excavation permit approval process, thc applicant may be required to post a performance guarantee. G:\Current\Deselem\Condifional Uses\Beaver CU-2002-AR-2366\EXECUTIVE SUMMARY.doc age(~ef'[4 2 2 2002 GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is developed. There are no environmental issues associated with this petition. 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. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site size does not meet the threshold to require that review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition ~vas heard at the September 19, 2002 CCPC meeting. Mr. Strain motioned to forward petition CU-2002-AR-2366 with a recommendation of APPROVAL WITH CONDITIONS, Mr. Budd seconded the motion. The MOTION PASSED UNANIMOUSLY. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: 1. The conditional use approval to allow a lake excavation is limited to the site plan identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received April 12, 2002", except as augmented by the two enlargement detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned below. 2. 'The owner must submit wetland jurisdictional determinations prior to or simultaneously with the Vegetation Removal & Site Fill (VRSF) application. If jurisdictional wetlands are within the lake excavation and maintenance area, agency permits shall also be submitted with the VRSF application. 3. Littoral plantings -- Two percent of the total area of the lake at control elevation must be planted between two feet below wet season water table to one foot above WSWT. The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be approximately 0.06 acres in area. 4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC G:\Current\Deselem\Condifional Uses\Beaver CU-2002-AR-2366\EXECUTIVE SUMMARY.doc P~ e 2 2 2 2002 p(. Z development to be stopped if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery. Further compliance requirements are contained in the above-cited section. 5. Prior to excavation commencement, the applicant must seek and receive approval for an excavation permit from the Board of County Commissioners in compliance with LDC Section 3.5.: a. As part of the excavation permit submittal, the owner must provide stormwater calculations signed & seg, led by a Florida professional engineer; b. The proposed lake must~xbe redesigned in compliance with LDC Section 2.8.4.7 to provide sinuous shoreline's; and c. Excavation permit plans must be modified to show a wet season water table to dry season ,i~ater table fluctuation of six feet. d. Additio/~al conditions or stipulations may be included as part of the review of the excavation permit application. e. The applicant must pay all excavation related fees as enumerated in LDC Section 3.5.9. 6. 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). 7. This Conditional Use shall expire 12 months after the date of issuance of the Clearing Pem~it. 8. Blasting is prohibited. 9. The excavation depth must not exceed 20 feet below original grade. 10. Off-site removal of the excavated material may be subject to the additional conditions as deemed appropriate by the Transportation Services Division. These conditions will be determined and refined as part of the Excavation Permit review process. 11. 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. 12. The applicant must obtain a clearing permit prior to any on-site clearing. As of the date this executive summary was prepared, there had been no input either in support of, or in opposition to, this petition. ~,GEND~, Page 3 of 4 C:\DOCUME~ I\LEHNHA~I\LOCALS~I\Ternp\EXECUTIVE SUMMARY.doc OCT 2 2 2002 PREPARED BY: ELEM, AICP PRINCIPAL PLANNER 9-2Lo -o DATE REVIEWED BY: DATE MARG/~T VCUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: DATE NVIRONMENTAL SERVICES ADMINISTRATOR ""Executive summary/CU-2002 -AR-2366 G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366\EXECUTIVE SUMMARY.doc AGENDA ITEM 8-E MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION August 26, 2002 CU-2002-AR-2366 PROPERTY OWNER/AGENT: OWNER: Ron Beaver 4651 26th PL SW Naples. FL 34116 AGENT: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The Petitioner requests Conditional Use approval in the Estates zoning district to allow a lake excavation on 6.6_+ acres. LOCATION: The subject parcel is located at 4640 31st Avenue NE, on the west side of Desoto Boulevard between 31st Avenue NE and 29th Avenue NE in Golden Gate Estates, approximately % mile south of County Road 858 (Oil Well Road). The subject property is located at the southeast comer of 31 st Avenue N.E. and Desoto Boulevard. DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a lake excavation to allow approximately 52,000 cubic yards of material to be removed. Of that, 4,000 to 6,000 cubic yards will be used on site with the remainder sold and removed. The removal will require approximately 20 trucks per day for 134 working days. Excluding weekends and holidays, the excavation will~a~tll~ _nT~ ,, oule~.rd to I r-] f/.~ approximately 6-12 months depending upon demand. Access will be from Desoto [ G:\Current\Deselem~Conditional Uses\Beaver CU-2002-AR-2366~staff report.doc Sept. 19, 2002 CCPC Page 1 6 0CT 222002 the site. The application indicates most traffic will be directed north on Desoto Boulevard to County Road 858, however a limited number of trips may go south. There are no residences within close proximity of the site. The site plan also shows one single-family home on the subject tract. The single family home will be the principal use of the site. The parcel is located wholly within the "E' Estates zoning district. Limited excavations are allowed within the Estates district as accessory uses [see quote below], however the proposed use exceeds the limits for an accessory use, therefore conditional use approval is required. 2.2.3.2.2. Uses accesso~ to permitted uses. Excavation and related processing and production subject to the following criteria: a. These activities are incidental to the permitted used onsite. b. The amount of excavated material to be removed from the site cannot exceed'4.000 cubic yards total. Amounts in excess of 4,000 cubic ~,ards shall require conditional use approval for earth mining, pursuant to tire ?roc'edz#'es and conditions set forth in section 2.7.4. and 2.2.3.3. of fl?c Code. [underlining added for emphasis] SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: iff 15 2g ~ 4,B,~ Ig r~ BI lB3 log Ila Undeveloped tract, zoned Estates 31 ~: Avenue NE, then an undeveloped Estates zoned tract canal, then row crops, zoned Agricultural undeveloped, but partially cleared tract zoned Estates with a conditional use for an excavation Desoto Blvd, then undeveloped land; Estates G:\Current\Deselem~Conditional Uses\Beaver CU-2002-AR-2366\staff report.doc Sept. 19, 2002 CCPC GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staffhas reviewed this request and offered the following comments: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map. The GGAMP provides for single-family homes, one per 2 % acres, and family care facilities. The Conditional Uses Subdistrict contains criteria for location of conditional uses-essential services CUs (allowed anywhere); and, those CUs listed in the "E" zoning district (subject to specific locational criteria: Neighborhood Centers, Transitional areas, "infill" areas). The Conditional Uses Subdistrict does not provide for excavations, such as is being requested. This type of CU was added to the LDC via the most recent LDC amendment (Ord. 2001-60, adopted Oct. 24, 2001). The character of an excavation is different that the CUs listed in the "E" zoning district (church, ALF, social and fraternal organization, etc.) in that it does not result in permanent structures or uses- the excavation is only authorized for limited duration; then, the site is limited to uses allowed by right on other E-zoned parcels, a SFDU per 2 ~ acres, a family care facility. Staff has presently interpreted that it was the Board's intent NOT to make these excavations CUs subject to the specific locational criteria in the Conditional Uses Subdistrict; by approval of previous CUs, the BCC has endorsed staff's interpretation. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through Desoto Boulevard, which is a paved road. The TIS indicates that the proposed excavation will generate be 40 trips per day with approximately 20 truck loads of fill hauled off-site per day for 134 working days. 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 Transportation Element (TE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in 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 EVALUATION: The proposed impact of an excavation on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been inem this Staff Report. STAFF ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Planning Commission must make findings that: I) approval of the Conditional ~orated into OCT 2 2 2002 ~ppeals, the ~ se xl~l nt~t-- G:\CurTent~Deselem\Condifional Uses~Beaver CU-2002-AR-2366~staff report, doc Sept. 19, 2002 CCPC Page 3 of 6 adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through Desoto Boulevard. Oil Well Road, which is a major collector road is only 1700 feet from the site. There are no residences between the site and Oil Well Road on Desoto Boulevard. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. This mining activity should have minimal impact on neighboring properties at thc present time because the surrounding area has very limited development. Thc proposed each mining activity will generate some noise and dust in thc 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 12 months, and prohibit blasting. 4. CompatibiliD' with adjacent properties and other property in the district. The parcel in question is surrounded on all sides with vacant properties with the exception of the parcel to the south that is also involved in an earth mining activity. The earth mining activity will last a maximum of 12 months; therefore it is unlikely that any homes will be built before the earth mining activity ceases. CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition gl specifically identifies the site plan for which approval was granted, but allows for the applicant to change the site plan to conform to condition # 13. Condition gl also includes references to two pages that show enlargements of the Littoral Zone Planting Detail and the Lake Cross Section Detail, which are that are difficult to read on the site plan due to the drawing scale. Conditions #2 & #3 have been recommended by Environmental Staff to ensure compliance with of the LDC. Condition g4 requires wetland preservation and littoral planting requires preservation of any historic or archaeological artifacts that may be found during the Condition #5 puts the applicant on notice that the conditional use by itself does public hearing requirements. An excavation permit must be sought and appr¢ G:\Cun-ent\Deselem\Conditional Uses\Beaver CU-2002-AR-2366~staff report.doc Sept. 19, 2002 CCPC Page 4 excavation. ~t fiflfill all OCT 2 2 2002 excavation can commence. As part of this condition, the applicant is put on notice that fees must be paid in compliance with LDC 3.5.9, to include the recently adopted Road Damage Repair Fee (LDC 3.5.9.3.), which requires a payment of a fee based upon $0.047 cents per cubic yard of excavated fill material. This fee was adopted to offset the cost of road damage repairs attributable to the hauling of excavated fill material across county roads. Additionally, this condition notifies the apphcant that additional stipulations may be included as the excavation permit is reviewed, and as recommended by Stormwater Review staff, that stormwater calculations must be provided as part of the excavation permit application. Condition 86 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, wI~ile prohibiting any intensification of the use. Condition #7 provides a time limit for the conditignal use approval, thus allowing the petitioner ample time to complete the excavation use, but protecting the character of the neighborhood for future residents by not allowing thl:. excavation to extend into the distant future after which time more homes might be built. ICondition #8, stipulating that blasting is prohibited, helps to ensure neighborhood compatibility as well. Condition #9 will keep this excavation in character with a single-family lot water retention pond depth's limitations to prevent a more comprehensive excavation. Condition #10 allows transportation staff to scrutinize the transportation impact of the excavation permit and place additional stipulations upon that use as appropriate. Conditions #11 and #12 ensure that all exotic plants are removed and controlled and assures that the proper clearing permit will be sought. Condition #13 requires the applicant to change the lake configuration to a more sinuous design, in compliance with the requirements of the LDC. Specifically, NO variance was sought or approved to allow a non-sinuous shoreline or to allow anything less than what LDC Section 2.8.4.7.1, quoted herewith requires: "The shape of a manmade body of water, including wet and dry retention areas, shall be designed to appear natural by having off-sets in the edge alignment that are a minimum of ten feet and spaced 50 feet apart." PUBLIC INPUT: As of the date this staff report was prepared, there had been no input either in support of, or in opposition to, this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2002-AR-2366 to the Board of Zoning Appeals, subject to the conditions in the Resolution. G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366~staff report, doc Sept. 19, 2002 CCPC OCT 2 2 2002 PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE /'gUSA~'q MURRAY, ~aC CURRENT PLANNING MANAGER DATE ]-r6-o -2__.... DATE APPROVED BY: 30' S4EPH K. S~ITT, ADMINISfRATOR DATE ~_ /~~TY DEVELOPMENT & ENVIRONMENTAL SERVICES Collier County Planning Commission: KENNETH L. ABER_NATHY, C~ % 14. DATE Staff report for the September 5, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the October 22, 2002 Board of County Commissioners Meeting Attachments: A. B. C. Findings of Fact Conceptual Master Plan Proposed Conditions G:\Current~Deselem\Condi§onal Uses~Beaver CU-2002-AR-2366~taff report.doc Sept. 19, 2O02 CCPC .~ENOA rTEM OCT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: Do ~ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: ~o.~ OCT 2 2 2002 EXH~BTI~ A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and e~ess 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 & e~ess Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and 9ther 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: MEMBER: Page ~of 3 2002 Enlargement of Uttoral Zone Planting Detail Uttoral Zone Planting Lake B~nk 1291' Uttoml Zone 10~ ~ 1291'- 129' Plant~ dointgra~ ;~:~ 1/311 Wlregra. 33 1/3~ ~ant Bulrugh 3~ 1 CU-2002-AR-2366 Enlargement of Lake Cross Sect:ion Detail~ ~. / Ex. Vol Cress S~ctio~ 52,247 CY Note: All constrtuction to be in accordance with Collier Cotunty Ordinances and permiit requirements. AGENDA ITEM OCT 2 2 2002 CU-2002-AR-2366 Exhibit B Page 2 of 3 CONDITIONS FOR RON BEAVER EXCAVATION CU-2002-AR-2366 1. The conditional use approval to allow a lake excavation is limited to the site plan identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received Apdl 12, 2002", except as augmented by the two enlargement detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned below. 2. The owner must submit wetland jurisdictional determinations with the Vegetation Removal & Site Fill (VRSF) application at the latest. If jurisdictional wetlands are within the lake excavation and maintenance area, agency permits shall also be submitted with the VRSF application. 3. Littoral plantings - Two percent of the total area of the lake at control elevation must be planted between two feet below wet season water table to one foot above WSWT. The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be approximately 0.06 acres in area. 4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC that requires all development to stopped if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary, to protect the discovery. Further compliance requirements are contained in the above-cited section. 5. Prior to excavation commencement, the applicant must seek and receive approval for an excavation permit from the Board of County Commissioners in compliance with LDC Section 3.5. · a. As part of the excavation permit submittal, the owner must provide stormwater calculations signed & sealed by a Flodda professional engineer; b. The proposed lake must be redesigned in compliance with LDC Section 2.8.4.7 to provide sinuous shorelines; and c. Excavation permit plans must be modified to show a wet season water table to dry season water table, fluctuation of six feet. d. Additional conditions or stipulations may be included as part of the review of the excavation permit application. G:\CurmnN3eselem~Conditional Uses\Beaver CU-2002-AR-2366~Condilions for Ron Beaver Excavation CU-2002-AR-2366 Exhibit C OCT 2 2 2002 P~. j.~.. ~ o~2 6. 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 subm[=al, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). 7. This Conditional Use shall expire 12 months after the date of issuance of the Cleadng Permit. 8. Blasting is prohibited. 9. The excavation depth must not exceed 20 feet below odginal grade. 10. Off-site removal of the excavated material may be subject to the additional conditions as deemed appropriate by the Transportation Services Division. These conditions will be determined and refined as part of the Excavation Permit review process. 11. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Planning Services Section Staff for review and approval pdor to any excavation work beginning on the site. 12. The applicant must obtain a clearing permit pdor. to any on-site clearing. 13. The lake configuration must be revised prior to submittal for any other approvals to conform with the sinuous shoreline requirements of LDC Section 2.8.4.7.1. Revised: 8/26/02 CU-2002-AR-2366 G:~Current~J~selem\Condiflonal Uses~Beaver CU-2002-AR-2366~Conditions for Ron Beaver Excavation Exhibit 0C ,4, 41002 .... 6~ 'bl'$ 2002 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: CU-2002-AR-2366 Date Petition Received: _ PROJECT #2001110019 DATE: 4/12/02 Planner Assigned: __ KAY DESELEM ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # Ron Beaver 4651 26th Pi SW State FL 404-0517 Fax# Zip 34116 Name of Agent T~rrance Kepp Agent's Mailing Address 3806 City Naples Agent's Telephone # Firm Kepple Exchanqe Ave. Smte FI, 403-1780 Fax# En~ineerinq Zip 403-1787 34104 Agent's E-Mail Address: COLLIER COUNTY COIVlMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PtmlJC I-I~IARI~G FOR CONDITIONAL US OCT 2 2 2002 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip, Name of Homeowner Association: Mailing Address City State ~ Zip__ Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Addre~ Ron Beaver & Nancy (husband & wife) 4651 26th P1 SW Beaver APPLICATION FOR PUBLIC I~F~RIY4G FOR CONDmONAL USg - 02/2000 Perc~tag¢ of Ownership ocr 2 2 2oo2 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co If the prope~y is in the name of a TRUSTEE, list the beneficiaries of the trust with the percenta]ge 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 partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addre~ Percentage of Ownership APPLICATION lrOa i'U~I,IC iff, AR~G FOR CONDmONAL USg - 2 2 2002 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 Adch~ss ho Date subject property acquired (:~ leased ( ):._fiZ.0.2_ Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: terminates: . or anticipated dosing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed le al descri tion of the roe covered b the a lication: (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: 21 Township: 4 8 $ Range: 2 8 E Lot: 144 Block: Subdivision: QQlden Gate Estates Unit 67 PlatBook~5 Page#: 89 PmpertyI.D.#: 40075160003 Metes & Bounds Description: Size of orooerty: _ 533 ft. X ~l_,_.~ft. = Total Sq. Ft. Acres Address/teneral location ofsubiect property:_ 4640 31 st Ave, NE 6.64 2002 APPLICATION FOR PUBLIC I:I~AR~G I~OR CON1)ITIONAL USE-02/2000 PA( Adiacent zoninn and land usel Zoning Land use Estates _ Vacant Estates AGricultural Vacant/farmland Estates R/W Does property owner own contiguous property to the subject property? If so, give NO complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ . Page #: . Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 7 the E _districtfortTYVSOFUS£) Lake Excavation present Use of the Property: Sin le famil home under construction of APPLICAI~ON FOR PUBLIC HEARENG R C NDITIONAL USE - 02/2000 Evaluation Criteria; Provide a narrative statement describing this request for conditional USe. NOTE: Pm-stat to Section 2.7.4. of the C.o~ier County Land Development Code, and the planning Commission's staff's recommendation to the Planning Comnuss~on finding that the recommendation to the Board of Zoning Appeals shall be based upon a granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made ex following matters, where applicable. Please provide detailed response te eaqll~of the Criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility xyith adjacent p~roperties and other properties in the district: ,~'~d' ~/~(.J~. ~.// Please provide any additional information whish you m.ay feel~is APPLICATION FOR PUBLIC I~ARING FOR CoNDrrlONKL USE - 0IT200~ relevant to this PA~ A,~JE]qC)A I~ ^ 2O02 Conditional Use Application 8. Evaluation Criteria a. The GMP allows the LDC to provide for the uses within each zoning district. This conditional use is permitted through the Estates zoning district and development of the project will be in accordance with the LDC. be 858. Access to the site is via Desoto Blvd., an existing paved road connecting to CR c. The proposed lake excavation will be constructed on property the owner is currently building his home. The lake will be fenced and will be constructed in accordance with the LDC. d. The existing site is vacant, upon development, the site will consist of a single family home and the lake. e. The owner of the properly will be living in the home, upon completion and will use the lake for his own benefit. OCT 222 2 10. 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 de, ed restrictions. Previous land use petitions on the subject orooertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 1 I" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); ¢. An Environmental Impact Statement (ELS), as required by Section Development Code (LDC). AI~PLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2~00 '~ R r~f' th~ l.and OCT 2 2 2002 PAGE 8 OF 16 d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida DeparUnent of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact StatemeSt (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within ~ area of historical or a~chaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. _AFi~LiCATION FOR PUBLIC I~ARING FOR CONDITIONAL USE - 02/2000~ OCT 2 2 2002 >AGE 9 OF 16 TRAFFIC IMPACT STATEMENT (TLS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: (at buildout) Annual Average Daily Traffic Peak Hour (AM)T) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assigament: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes m level of service (LOS). Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or dec. el lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shaH address aH of the items listed above for a Minor TIS, and shah also include nn analysis of the following: 1. Intersection Analysis 3. 4. 5. Background Traffic Futur~ Tr~ic Through Traffic Plama~l/Pl~o~d Roadway l?roven~-nts OCT 2 2 2002 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE- 02/2000 PAGE 10 OF 16 Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: e _Trip Generation,,:. Pwvide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (1TE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. Trip Assienment~ Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existine Traffic:. Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall bc depicted for all links within the RDI. m Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence 01DI): The TIS shall cover the least of the following two a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in proposed project rather than a geometric radius. APPLICATION FOR PU"BLIC ~ARING I~R CONDITIONAL USE - 02/2fi00 road miles from the 0CT 2 2 2002 Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPI-I). Back~round Traffic.'.. The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and theft respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Throueh Traffic..'. At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro[ect Phasine: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/R/M 10/17/97 APPLICATION FOR PUBLIC II~ARING FOR Com}mONAL USE-02/2000 OCT 2 2 2002 L PAGE 12 OF 16 CU-2002-AR-2366 PROJECT #2001110019 DATE: 4/12/02 KAY DESELEM Ron Beaver, Lake Excavation TIS Sec 21, Twp 48 S, Rng 28 E March 2002 Based on volume of excavated material The proposed project is a lake located on Desoto Blvd. 1/4 mile south of CR 858. Access will be from Desoto Blvd. to the site. The project consists of a 6.6 +/- acre site. The proposed lake will be 2.86 acres (at wet season water table elevation). Approximately 52,000 cy of material will be excavated of which 4,000- 6,000 will be used on-site, the remainder will be sold and removed from site. The removal of 48,000 cy of material will require 20 tracks/day for 134 working davs. Excluding weekends and holidays, the excavation/removal will take approximately 6 -12 months depending upon demand. Trip Generation Average Vehicle Trip Ends, On a weekday/Saturday 40 trips/day 50% entering - 20 trips 50% exiting - 20 trips Trip Assignment All of the traffic will be directed north on Desoto Blvd. to CR 858, then west. The only exception would be for material being delivered elsewhere in the Estates, a different route may be used. It is anticipated that the majority of the traffic will use the above route. Impact of proposed use All building construction in Collier County requires fill for building pads and pavement areas which must come from lake excavations elsewhere. This small project will allow excavated material to be available closer to the end user and could lessen some traffic on the major roads. OCT 222002 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: Section: ~// Township: ioc : Plat Book~ Page #: Subdivision: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM 1~. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 02/2000 PA~ OCT 2 2 2~2 10. 11. 12. TOTAL POPULATION TO BE SERVED:. PEAK AND AVERAGE D_.A~.,. Y DEMANDS: ~.~f WATER-PEAK ~'.~' _ AVERAGE DAILY B. SEWER-PEAK ~'ff-~ AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE.PROVIDE .THE DATE SERVICE IS EXPECTED TO NARRATIVE STATEMEN'I~ Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation'data and soil involved shall be provided fi.om tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provi~iom Statement RJM 10117/97 OCT 2 2 2002 APPLICATIQN FOR PUBLIC HEARING FOR CoNomONAL USr. - 02/2OO0 PAGE 14 OF 16 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or wot COPIES REQUIRED REQUIRED ~. Completed Application 16' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners ff a Corporation -3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15' 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners 14. Other Requirements - * Docum~aia required for Long-Range Planning Aa the authorize. A agent/applicant for this petition, I attest that all of the information indicated on this checldiat ia included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of ~hi-~ petition. OCT 2 2 2OO2 APFLICATION FOR PUBLIC HEARING FOR conomon~ USZ- Appli¢~{/]kg'ent Signature Date AFFIDAVIT We/I, ~7 ~t~'p'c'''~'' 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. ~dI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ~/r,~/~ As property owner Well further authorize -/~/'/~//~'/~ to act as our/my representative in any matters regarding this Petition. Signature of P'roperty Owner Signature of Property Owner /? Typed or Printed Name of owner Typed or Printed Name of Owner "' me this ~ f'~ day of ,/.~7'; / The oregoing instrume_nt was acknowledgec~_ oelore _ 20g, by -~/ /k*f~'~'~ C~ personall~ ~~~e or h~ produced ~ iden~cation. State of Florida Count), of Collier (Signature of Notary Public - State of Florida) (Print, T-~, or Stamp Comm Name of Notary Public) APPLICATION FOR IRIBLIC HEARinG ltOR OCT 2 2 2002 ~GE 16 OF 16 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3, OF TILE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, TOX3,~,'rSHI~ 48 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 the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.3.3 in an "E" Zone for a lake excavation on the property hereinafter described Tract 144, Unit 67. in Golden Gate Estates, as recorded in Plat Book 5 page 89 official records of Collier County, Florida in Section 21, Township 48 South, Range 28 East. Collier County Florida 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 PI .~a~g Commission; and WHEREAS, all interested parties have been give~ opportunity to be heard by this Board in a public meeting assembled and the Board having consi~lered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU-2002-AR-2366, filed by Terrance L. Kepple, of Kepple Engineering, Inc., representing Ron Beaver with respect to the property hereinaf[er described as "Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "7" of Section 2.2.3 of the "E" Zoning Di excavation in accordance with the Conceptual Master Plan (Exhibit 'iB") and trict for lake 0CT ... 2 2 2002 conditions shown in Exhibit "C." All exhibits are 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 at~er motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A. Exhibit B. Exhibit C. CU-2002-AR-2366/KD/lo Findings of Fact Conceptual Master Plan, identified as "Lake Excavation for Beaver Residence" prepared by Kepple Eng/neering, Inc., stamped "Received April 12, 2002." Conditions for approval OCT 2 2 2OO2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Co Do 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 DATE: Based on the above findings, this conditional use should, with stipulations, (copy attached) ~) be recommended for approval FINDING OF FACT BY COLLIER cOUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: ~ 1. Section 2.2.3.3.7. of the Lan~l Development Code authorized the conditional use. 2. Granting ~e conditional use will not adversely affect the public interest and will not adversely affect o~er property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Bo 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 Co ~ No Yes _ .. Affects neighboring properties in relation to noise, glare, economic or odor effects: Do 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, (, (should noO be recommended for approval oov attached] 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. 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: ho Consistency with the Land Development Code and Growth Management Plan: Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: "~ Adequate ingress & egress Y~ 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: Compatible use within district ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~/~ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated 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 MElVlBER: kC~NOk OCT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following fnets are found: 1. Section 2.2.3.7. 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.~fi~ the Land Development Code and Growth Management Plan: 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~f & egress Affects neighboring properties in relation to noise, glare, economic or odor ef~ · ~N'o affect or ~ Affect mitigated by .'.i Affect cannot be mitigated D. Compatibility with adjacent properties an~other property in the district: Compatible/~thin district Y~5 No Base. xt on the above findings, this conditional use should, with stipulations, (copy (should not) be recommended for approval attached) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: 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: Co  ingress & egress No Affects neighboring properties in relation to noise, glare, economic or odor effec~ . ~, .~.,/No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in thc district: Compatible use withi~ct Based on the above findings, this conditional use shoukk with stipulations, (should not) be recommended for approval /0CT 2 2 2002 EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No ~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy (should not) be recommended for approval DATE: ~ //~'/0 ~ IVI~MBER: ~ OCT 2 2 2002 EXHIBIT k FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.3.7. of the Ladd Development Code authorized the conditional use. 2. Granting tl~ conditional use will not adversely affect the public interest and will not adversely affect o~er property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~' No affect or Affect mitigated by t cannot be,mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~: Nol Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval ~y attached) lVmMBER: . 2 2 2002 I J ~ c~° ~ I OCT E 2 CU-2OO2- ~hibit a J Page % of 3 J Enlargement of Littoral Zone Planting Detail Uttoml Zone I~onting Lake B~nk 1291' Uttoml Zone 10~ ~ 1291'- 129' Plan~ ~ntg~ 33 1 ~ant Bul~h ~ CU-2002-AR-2366 ;~hibit B Enlargement of Lake Cross Section Detail 52,247 CY Lake Cross Sect[on Note: All constrLuction to be in accordanc:e with Collier Co~unty Ordinonces ond permiit requirements. OCT 2 2 2002. Exhibit B Page 2 of 3 CONDITIONS FOR RON BEAVER EXCAVATION CU.2002-AR-2366 1. The conditional use approval to allow a lake excavation is limited to the site plan identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received Apdl 12, 2002", except as augmented by the two enlargement detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned below. 2. The owner must submit wetland jurisdictional determinations with the Vegetation Removal & Site Fill (VRSF) application at the latest. If jurisdictional wetlands are within the lake excavation and maintenance area, agency permits shall also be submitted with the VRSF application. 3. Littoral plantings - Two percent of the total area of the lake at control elevation must be planted between two feet below wet season water table to one foot above WSWT. The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be approximately 0.06 acres in area. 4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC that requires all development to stopped if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery. Further compliance requirements are contained in the above-cited section. 5. Prior to excavation commencement, the applicant must seek and receive approval for an excavation permit from the Board of County Commissioners in compliance with LDC Section 3.5. · a. As part of the excavation permit submittal, the owner must provide stormwater calculations signed & sealed by a Florida professional engineer; b. The proposed lake must be redesigned in compliance with LDC Section 2.8.4.7 to provide sinuous shorelines; and c. Excavation permit plans must be modified to show a wet season water table to dry season water table fluctuation of six feet. d. Additional conditions or stipulations may be included as part of the review of the excavation permit application. e. The applicant must pay all excavation related fees as enumerated in LDC Section 3.5.9. I CU-2002-AR-2366 1 A~ C G:\Cun-ent~Desetem\Conditional Uses~eaver CU-2002-AR-236~Condiflons for Ron Beaver Excavation 2.do OCT 2 2 2002 Page1 of 2 6. 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). 7. This Conditional Use shall expire 12 months after the date of issuance of the Clearing Permit. 8. Blasting is prohibited. 9. The excavation depth must not exceed 20 feet below original grade. 10. Off-site removal of the excavated matedal may be subject to the additional conditions as deemed appropriate by the Transportation Services Division. These conditions will be determined and refined as part of the Excavation Permit review process. 11. 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. 12. The applicant must obtain a clearing permit prior to any on-site clearing. Revised: 9/18/02 CU-2002-AR-2366 Exhibit C G:\Cu,TenN3eselem~Conditlonal Uses~ieaver CU-2002-AR-2366~Condifions fo~ Ron Beaver Excavalioa 2.doc AGENDA Page 2 of 2 EXECUTIVE SUMMARY CU-2002-AR-1943 GOLDEN GATE SEVENTH DAY ADVENTIST CHURCH, REQUESTING A CONDITIONAL USE IN THE A-MHO ZONING DISTRICT PER LDC SECTION 2.2.2.3.7, TO ALLOW A CHURCH/PLACE OF WORSHIP ON 4.56+ ACRES LOCATED ON THE EAST SIDE OF RIVER ROAD, 500:!: SOUTH OF IMMOKALEE ROAD IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use for a church with customary accessory uses on the subject property. The site plan shows a church structure and a separate structure for fellowship classroom and office functions. One access point is proposed to serve the site. The access point is shown approximately 260 feet south of the project's northerly parcel boundary. The site plan indicates that a large area of existing vegetation in the northeastern portion of the site will be preserved. The site plan also shows a narrow strip of existing vegetation will remain along the property's western boundary. The parcel is within the A-MHO zoning district. FISCAL IMPACT: Approval of this Conditional Use by and of itself will have no fiscal impact on Collier 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 o?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 may be applicable to this project: · Fire Impact Fee: $ 4,500.00 · Road Impact Fee: $19,545.00 · CorrectionalFacility Fee: $ 1,755.00 · EMS Impact Fee: $ 645.00 G:\Current~Deselem\Condit~onal Uses\7th Day Adventist Church CU~2002-AR-1943\EXECUTIVE SUMMAF AGENDA ITEM., OCT 2 2 2002 · .UU~J I"'~ I OT ~ The total amount of impact fees for a 15,000 square foot church is $26,445.00. Because impact fee requirements may be amended and the above-referenced figures are based upon the maximum allowable square footage included as a condition of the proposed action, the total impact fees quoted above are at best raw estimates. Other fees will be charged to the developer as this project moves toward building completion, such as building permit review fees. Building permit fees have traditionally offset the cost of administering the Community Development review process. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There environmental issues associated with this petition have been addressed in the conditions. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as re~'erenced on the official Collier County Probability Map. Therefore. no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISOR's- COUNCIL (EAC) RECOMMENDATION: The EAC did not review this pc:~t~on because the project size is below the threshold to require that review. COLLIER COUNTY PLANNING COMMISSION (CCPC} RECOMMENDATION: This petition was heard at the September 19, 2002 CCPC meeting. Mr. Strain motioned to forward petition CU-2002-AR-1943 with a recommendation of APPROVAL WITH CONDITIONS, AS AMENDED 9/18/02, Ms. Young seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as "Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc., dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned belox, 0CT 2 2 2002 G:\Current\Deselem\Conditional Uses\?th Day Adventist Church CUo2002-AR-1943\EXECUTIVE SUMMARY.d Page 2 of 4 2. Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a. A minimum Type D buffer along the western boundary (Rivers Road) and the southern boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain." In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type D standards. b. A 30' wide landscape buffer along the east property line to conform to the following: All existing indigenous vegetation must be preserved. Re-grading of land or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. ~ A double row native (indigenous) hedge consisting of plantings of at least five foot height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot height above the adjacent parking lot pavement surface. No fence or wall is required. · , Existing tree canopies with gaps ~eater than 25 linear feet shall be supplemented with native Type B landscape buffer trees located to fill such gaps. The augmentation must be in place prior to the issuance of a certificate of occupancy. 3. The developer must provide confirmation of access r/ghts on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd south to thc southernmost property line prior to the issuance of a certificate of occupancy, and provide a pavcd apr,:m from Immokalee Road onto Rivers Road to the right-of-way line. 4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except that exotics must be removed in compliance with condition #5. 5. An exotic vegetation removal, monitoring and maintcnance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 6. The conditional use will expire three years from the date of ~ant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use tbr which the conditional use was granted unless the site was improved and or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7. Should the parcel to the west develop before this parcel, this parcel's access point must be re- designed to align with that access point. 8. Parking must be provided in compliance with the LDC requirements, in effect when site development approval is sought. 9. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. As of the date this executive summary was prepared, there had been no input either in support off or in opposition to, this petition. ~c,.,rr~ ~ OCT 2 2 2002 G:\Current\Deselem\Condifional Oses\Ibh Day Adventist Church CU-2002-AR-1943~EXECUTIVE SUMMARY. oc Page 3 of 4 PREPARED BY: KA%ESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE C~NT PLANNING MANAGER /'0. DATE MARGARET WI~ERSTI~E, mica PLANNING SERVICES DIRECTOR APPROVED BY: DATE JOS/EP~ K. SCHM1TT ' DATE C~/M~IT¥ DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR Ex¢'dutiv¢ sunu'nary/~-2002-~- 1943 G:\Current\Deselern\Condifional Uses\7th Day Adventist Church CU-2002-AR-1943\EXECUTIVE SUMMAF .~ 1'7 !:% OCT 2 2 2002 'TdOC Page 4 of 4 AGENDA ITEM 8-D MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY~DEVELOPMENT-r & ENVIRONMENTAL SERVICES DIVISION DATE: . .August 27, 2002 SUBJECT: *CU-2002-AR-1943 PROPERTY OWNER/AGENT: OWNER: Golden Gate Seventh Day Adventist Church P.O. Box 9921 Naples, FL 34101 AGENT: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The Petitioner requests Conditional Use "7" of the Agricultural-Mobile. Home Overlay (A-MHO) zoning district for a church. LOCATION: The subject parcel is located on Rivers Road, approxibaately 600 feet south of Immokalee Road. The site consists of approximately 4.56 acres. DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a church with customary accessory uses on the subject property. The site plan shows a church structure and a separate structure for fellowship classroom and office functions. One access point is proposed to serve the site. The access point is shown approximately 260 feet south of the project's northerly parcel boundary. The site plan indicates that a large area of existing vegetation in the northeastern portion of the site wil' ~, ......... · ~g.i~0Ki'r~""~ -r~-- site plan also shows a narrow strip of existing vegetation will remain along the property's western boundary. The parcel is within the A-MHO zoning district. The zoning district is Agricultural "A", which is described in the LDC Section 2.2.2. as follows: 2.2.2.1. Purpose and intent. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are .qenerally considered compatible, to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of Collier County, are permissible as conditional uses in the A district. The A district corresponds to and implements the rural agricultural land use designation on the future land use map of the Collier County growth management plan, and in some instances, may occur in the designated urban area. [underlining added for emphasis] The Mobile Home Overlay District provides special regulations in LDC Section 2.2.22. as follows: 2.2.22.1. Purpose and intent. This section is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that mobile homes allowed under this section shall be erected only m the rural agricultural district (A) and only when the requirements and procedures of this section are met. 2.2.22.2. Establishment of mobile home overlay district (MHO). An overlay zoning classification to be known as "Mobile Home Overlay District (MHO)," and to be designated on the official zoning atlas by the symbol "MHO" together with the symbol of the basic zoning district which it overlays, is hereby established. The placement or removal of this overlay district shall be governed by the procedure for amending the zoning code and the official zoning atlas as prescribed in section 2.7.2. 2.2.22.3. Minimum zoned area required for MHO overlay district. The minimum area that may be petitioned for rezoning to the MHO overlay district shall be 40 acres. However, acreage and setback requirements must comply with the base zoning district for each individual lot of record within the established overlay district. Churches are permitted as Conditional Uses within this district. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned A-MHO SURROUNDING: North: undeveloped tract with frontage along zoned A-MHO G:\Current~Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943~staff report.doc Sept. Immokalee Roadi OCT 2 2 2002 9, 2002 CCP/C,~ Page 2 of ~ East: South: West: similarly sized tract developed with single-family residential uses, zoned A-MHO Ramsey Road a privately maintained local road, then similarly sized tract developed with single-family residential uses. zoned A-MHO Rivers Road, a privately maintained local road, then similarly sized undeveloped tract that is owned by the St. Paul Antiochian Orthodox Church whose facility is located northeast of the subject tract, with frontage along Immokalee Road, zoned A-MHO CANAL IMMOK ALE.~ ROAI~ GROWTH MANAGEMENT PLAN CONSISTENCY: In a memo dated April 2, 2002, Comprehensive Planning staff offered the following comments: According to the current Collier County Future Land Use Map (FLUM), the subject property is designated "Agricultural/Rural." According to the County's Future Land Use Element (FLUE), this designation permits "community facilities such as churches..." This property is within the portion of the County affected by the Governor and Cabinet's (sitting as the Administration Commission) Final Order (AC-99-002), issued on June 22, 1999. The County is in the process of amending the Growth Management Plan to comply with the terms of the Final Order. During this period the Agricultural/Rural Designation is subject to interim development provisions that restrict new land uses. However, the interim development provisions imposed by the Final Order allow churches (as a use not specifically prohibited). Based deemed consistent with the Future Land Use Element. upon the above analysis, staff concludes the proposed use for the subject site may be OCT 2 2 2002 G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\staff report.doc of 7 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 HistoricaFArchaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use. if any. have been met bF· the Petitioner and that satisfactory provision and arrangement have been made concerning the folloxving matters, where applicable: 1. Consistency ~ith the Land Development Code {LDC} and the Growth Management Plan. Since a church is reco~;ized as a Conditional Use of land in residentially designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Staff has included conditions of approval of this conditional use petitio~ t:-~ ensure compliance ~vit~ the LDC. and additional stipulations or conditions may be adc~,_ durip, g Site Development Plan reviev¥' to further ensure compliance with all provisions of ti',~ LDC. Ingress and egress to the property and proposed structures thereon, with particular reference to automotixe and pedestrian safeR' and convenience, traffic flow and control, and access in ease of fire or catastrophe. The church will be located on Rivers Road, a private, gravel-surfaced local road. Rivers Road provides an interconnection to lmmokalee Road (County Road 846), a major arterial road. Because of this, the petitioner may be required to submit an updated Traffic Impact Statement at the time of Site Development Plan submittal. Analysis of the TIS may result in a requirement for turn lanes or other improvements. Staff has included a condition to require the developer to pave Rivers Road along the entire portion for which this project has frontage. Rivers Road does not terminate at this project's property boundary. The roadway extends to the south and provides access to others: therefore it is imperative that improvements be made to provide safe and convenient traffic flow and access in case of fire or catastrophe. Church attendees may come from the south along Rivers Road to attend this church; therefore the church needs to provide safe members as well as the members who may access the site via lmmokalee Ro G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\staff report.doc Sept. access for those OCT 2 2 2002 2002 CCPC Page 4 of 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. A church is generally' utilized by the majority of the congregation on the Sabbath (as that day' is designated by the particular religious sect). Other less intense activities occur during the week by ~oups within the congregation. In addition, churches may be used by outside groups, such as Boy Scouts and Girl Scouts. This may create the noise of the congregation arriving and leaving, and some glare from vehicles arriving and departing the site. The impact from noise and glare is expected to be minimal. A gravel road (Rivers Road) providing access to a few home sites does not pose a large dust problem as the number of trips would be minimal, and would be directly related to the individual homeowner's use. However adding a church could have a negative impact upon the neighboring property owners as it could create additional dust and the roadway may deteriorate more quickly with the additional use. Even though gravel roads are supposed to be maintained in a dust-free manner, it seems more prudent to require the church developer to pave the road and thus a,,'oid possible maintenance issues in the future and lessen the impact that the additional church traffic ~vould have on this roadway. Staff has included a condition to require the property owner to pave the full len~h of the road along the project. 4. Compatibility with adjacent properties and other property, in the district. Surrounding properties are either undeveloped or used residentially. Building setbacks and landscape buffers are required to ameliorate any effects the church would have on its neighbors, therefore ensuring the compatibility of the properties. EAC RECOMMENDATION: Since the site is below the size threshold to require an Environmental Impact Statement, the Environmental Advisory Council did not hear the petition because it was not required. PUBLIC INPUT: As of the date this staff report was prepared, no correspondence has been received either in support of, or in opposition to this petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2002-AR-1943 to the Board of Zoning Appeals. subject to the stipulations in the Resolution. CONDITION DISCUSSION: Staff has recommended several conditions. The first condition limits the cot G:,,.Current\Deselern\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\staff report.doc Sel~ has been reviewed by staff and as proposed and limited by the petitioner in the Traffic Impact Statement. Condition #2 has been proposed to ensure that this project is consistent with the purpose and intent of the landscape buffeting requirements [LDC Section 2.4.7] and to address compatibility [LDC Section 2.7.4.5] in compliance with LDC Sections 2.4.7 and 2.7.4.5 which state: The purpose and intent of the landscape code is to:... (c) promote preservation and planting of native plants and plant communities; (d) provide physical and psychological benefits to persons through landscaping by reducing noise and glare; (e) screen and buffer the harsher visual aspects of urban development; (f) improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microctimate; (g) reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and (h) promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation system through xeriscape. Condition #2 requires the retention of existing indigenous vegetation within the buffer areas to promote preservation of native plants, reduce heat gain, and promote water conservation as listed above. In addition, the enhanced buffering will implement LDC Sections 2.7.4.4 and 2.7.4.5 that compel the planmng co~mnission to include "conditions and safeguards" to ensure the conditional use will not have a negative effect on surrounding property owners. Condition # 3 requires the developer to make roadway improvements. This condition meets the intent of the requirement to provide conditions and safeguards to ensure that the proposed use will not have a negative effect upon the neighborhood. Condition ~s4, clarifies that the developer must remove exotics from the 0.33-z-_ acre tract that is shown as an area where the existing vegetation will remain, and reiterates that this area must be preserved as is shown as a commitment on the site plan. Condition #5 requires the developer to provide an exotic vegetation removal, monitoring and maintenance plan for the site. Condition #6 provides an expiration date of the Conditional use. Condition #7 would require this project's access point to align with any access point constructed for the vacant tract across Rivers Road, should the adjacent tract develop before this church is constructed. This will help prevent conflicting traffic movements. Condition #8 clarifies that the proposed church and related uses must comply with the parking requirements of the LDC. The site plan and proposed use limitation provide a range rather than a specific square footage number; this condition reiterates that the LDC will be the ruling document for parking, not the site plan that is approved as part of the conditional use. G:\Current~Deselem\ConOitio~al Uses\7th Day Adventist Church CU-2002-AR-1943~staff report, doc Sepl 19, L~Tc~; 2~{le 6 o PREPARED BY: PR/NCIPAL PLANNER REVIEWED BY: 'SUSAN ~Y, AICP CURRENT PLANNING MANAGER MARGAP~, ~ WU:RSTLE, AICP D~CTOR,~L~*~G SERVICES DEP~TMENT APPROVED BY: DATE DATE DATE '~""'""'~'~" , i "-r~"'~'' '-"~'v~"r~'"' ', / i , O' o=-' ~ JOSEPH K. SCHMITT, ADMINISTRATOR DATE ': COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L.'ABERNATI~; CHAIRMAN DATE Staff report for the September 5, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the October 22, 2002 Board of County Commissioners Meeting AGENDA IT~ ! ! [ I Z~ CU-2002-AR-1943 PROJECT #2001080016 DATE: 3/25/02 KAY DESELEM APPLICATION FOR PUBLIC ~ARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) P.O. Applicant's Mailing Address City Naples Golden Gate Seventh-daY Adventist Church Box 9921 34101 State FL Zip Applicant's Telephone # 7 9 3- 7 2 81 Name of Agent Terrance Kepple Fax # Firm Kepple Engineering Inc. Agent's MailingAd~s City Naples 3806 Exchange Ave. Agent's Telephone # ,~ 0 3 - ! 7 8 0 State FL Fax # Zip 34104 403-t787 Agent's E-Mail Address: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION !:'01~ PL~LIC HEARING FOR CONDITIONAL Pt OCT 2 2 2002 Conditional Use Application 8. Evaluation Criteria a. The GMP allows the LDC to provide for the uses within each zoning district. This conditional usc is permitted through the Ag zoning district and development of the project will be in accordance with the LDC. b. Access to the site is via River Rd., an existing gravel road connecting to Immokalee Rd.. River Rd. exists within existing acccess easements. c. The church will have a positive effect on the neighborhood, the property will be developed for a church and services will be held 1 or 2 days a week. River Rd. will be paved from Immokalee Rd. to the church entrance.. d. The existing site is vacant, upon development, the site will contain a church and required parking. The remainder of the site will be landscaped in accordance with the LDC and will have 10 foot buffers on the north, west and south and a 15 foot buffer on the east. There is an existing church on River Rd. and few developed properties. There are no homes between the church and Immokalee Rd., buffers will be provided between the church and adjacent properties. e. The church has purchased the property to provide a site for their services. A conditional use is required in ali zoning districts except commercial, where the value of the land is not within mo~: churches reach. A~A I'[EM -? OCT 2 2 2002 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address City State Zip 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 ~md Address Percentage of Ownership OCT 2 2 2002 APPLICATION I~OR PUBLI(~ llg~-~X;qG lIOR CONDrrlONAL U~E - 01/2.000 PAGE ~,~- .,, If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock ownlxl by each. Name, Addr~s ~nd Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Golden Gate Seventh D~y 100% Adventist Church P.O. Box 9921 ~aples, FL 34104 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 ,./" Date of Contract: If any contingency clause or contract terms involve additional parties, individuals or officers,, if a corporation, partnership, or trust. Name and Addt~ list all ho Date subject pwperty a~uired ~ leased ( )S/21/01Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: and date option terminals: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed leRal description of the property covered by the application: ('If space is inadequate, at~ach 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. 30 Township: 48 Range: Block: Subdivision: Page #: Property I.D.#:_ 0~0218400007 Section: Lot: Plat Book Metes & Bounds Description: we s t 1/2 of the SW 1/4 of the NW 1/4, of the NE 1/4, of Sec. 30, Tw~ 48 South, Range 27 E, Less the East 10 ft. and the South 20 ft. sq ft. S~eofpronertv: 649 fi.X_312 _fi.=Tot~ Sq. Ft. 202,488 Acres 4.56 Addr_-ss!~eneral location of subject property/: of Immokalee Rd. River Rd. 600 f%. South ..... 2002 APPLICATION POR PUBLIC HEARING i~OR CONDITIONAL USE - 02/2000 PA ~Adjacent zonim, and land use.'.. Zo~ng Land use N A-MH0 _ S A-MHO RIGHT OF E A-MHO gT~T,F FAMILY %%/ A-MHO RI~T OF WAY Does property owner own 'contiguous property to the subject property? If so, give NO complete legal description of entirc contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Block: Lot: ..... Subdivision: Plat Book _ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use:, This application is requesting conditional use # the Ag district for crvvE oF usE) Ch u r c h Present Use o£fl1¢ Property: VACANT 7 of 8. Evaluatign Criteria: Provide a nm~five statement describing this request for conditional ~se. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staWs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, haw~ that further, satisfactory provision and arrangement have been m~e response t4each of the following matters, where applicable. Please provide detailed / OCT 2 2 2002 ~riterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):_ Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Describe the site's and the proposed use's compatibility with adjacent properties and ' other properties in the district: ~'..ICATION FOR pUBi~IC HF~R~ING FOR CONDmONAL USE - 02/20O0 Please provide any additional info/mation w, hich~,you may feel is relevant to this OCT 2 2 2002 PAl2 7 OF 16 10. Deed Restrictions..'. The County is legally precluded from enfoming 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 oropert~: To your knowledge, has a public hearing been held on this property within the last year.* If so, what was the nature of that hearing? 11. Additional Submittal requirements.'. In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisor' Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing an&or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], locations of solid waste (refuse) containers and service function areas, required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3 Development Code (LDC). APPLICATION I~OR PUBLIC i~&RING FOR CONI)ITIONAL USE - ~2/2000 t_ nf th~ Land AGENOA I'IT~ OCT 2 2 2002 .GE 8 OF L6 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals ,~00 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habita~ and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and areheological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION ~OR l~/~C I:I~.ARING i~OR CON~I~ONAI, USg - 01/~000 OCT 2 2 2002 PAGE 9 OF 16 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST NAME OF APPLICANT: MAILING ADDRESS: Naples CITY Golden Gate Seventh Day Adventish Church P.O. Box 9921 FL ZIP 34101 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): River LEGAL DESCRIPTION: Section: 30 Township: Lot:. Block: Plat Book _ Page #: Metes & Bounds Description: Sec 30, Twp 48 S, Rng Range: 2 7 E Subdivision: Property I.D.//: w 1/2, 00218400007 SW 1/4, NW 1/4, NE 27 E TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ["-] CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM ~-] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCIHSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) API~LICATI0N I~OR PUI~LIC I:IIARING I~OR LN)NDITIONAL l~g - 0;A'~9__ AGENDA I'IT~ OCT 2 2 2002 PAGE lB OF 16 TOTAL POPULATION TO BE SERVED: 500 seat church PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 1500 9p6 _ AVERAGE DAILY 300 q'Dd AVERAGE DAILY ~ oo B. SEWER-PEAK 15oo qpd , , opd 10. 11. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NA . NARRATIVE STATEMEN~F: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the,method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. Utility i~rovision Ststemeut RJM 10/17/97 STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other.~than the County, a statement fi.om that provider indicating that there is adequate capacitylto serve the project shall be provided. APPLICATION FOR PUBLIC HEARING FOR CONDrFIONAL USE - 02/20~ OCT 2 2 2002 PAGE 14 OF 16 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' 2. Copy of Deed(s) and list identifying Owner(s) and ali 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* t~' 4. Pre-application notes/minutes 5. Conceptual Site Plans 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* $. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be = made payable to Collier County Board of Commissioners 14. Other Requirements - * Documents requu'ed for Long-Range Planning Rewew As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in ~he delay of processing of this petition. ~o. OCT 2 2 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0~00 PAl E 1 . .- Applicant/Ageht Signature Date A FFIDA FIT We/I, 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/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize 7'~°~,',~,'~'/~ .//ff ~/~~ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of ~ner The foregoing instru, ment~was acknowledged before me this /~' . day of ~z~,r' 20~_, by /~,f , ~ ~.~, / Egg,. /,~_~/_/ who is personally ~own to me or has produced State of Florida County of Collier as identification. FloHda) (Print, Type, or Stamp Commi~ Name of Notary Public) APPLICATION FOR Iq,~LIC WEARING FOR CONDITIONAL USE - 02,2000 · Y.~,AC~_NDA I'W.~ ~" ~ion~- I . . OCT 2 2 2002 3806 Exchange Avenue * Naples, Florida 34104 * (941) 403-1780 * Fax (941) 403-178/ Golden Gate Seventh Day Adventist Church TlS Sec 30, Twp 48 S, Rag 27 E December 2001 Based on ITE Trip Generation Manual, 6th Addition Land Use: 560 Church The proposed project is a church located on River Rd. 500' +/- south of Immokalee Rd. Access will be from River Rd. to the site. River Rd. will be paved (20' wide) from Immokalee Rd. south to the church entrance. The project consists of a 5.0 +/- acre. The proposed building will seat 500 people for services (5000 - 8000 sf) with second building for offices, classrooms and fellowship (5000-8000 sf). Parking will be provided for the church in accordance with the LDC (approximately 222 spaces). In accordance with ITE Trip Generation manual this .type of facility will generate the following traffic: Trip Generation Average Vehicle Trip Ends. On a weekday 9.11/1000 sfx 16 = 145 trips 50% entering - 73 trips 50% exiting - 73 trips Peak Hour of adjacent street AM 0.72/1000 sfx 16 = 11.5 trips 54% entering - 6 trips 46% exiting - 5 trips Peak Hour of adjacent street PM 0.66/1000 sfx 16 = 10.6 trips 54% entering - 6 trips 46% exiting - 5 trips Peak Hour of generator, AM 1.28/1000 sfx 16 = 20.5 trips 50% entering - 10 trips 50% exiting - 10 trips AC, ENOA OCT 2 2 2002 Peak Hour of generator, PM 1.41/1000 sfx 16 = 22.6 trips 59% entering - 13 trips 41% exiting - 10 trips On a Saturday (note saturday and sunday rates were interchanged, as this church has services on Saturday, not Sunday. 36.6/1000 slx 16 = 585 trips 50% entering - 293 trips 50% exiting - 293 trips Peak Hour of Generator 9.49/1000 sfx 16 = 152 trips 51% entering - 78 trips 49% exiting - 75 trips Trip Assignment Approximately 50% of the traffic will be directed east on Immokalee Rd. and 50% west. Traffic will therefore be assigned as follows: On a weekday 50% east - 36 trips 50% west - 36 trips Peak Hour of adjacent street AM (entering) East- 3 trips West - 3 trips Peak Hour of adjacent street PM (entering) East- 3 trips West - 3 trips Peak Hour of generator, AM (entering) East- 5 trips West - 5 trips Peak Hour of generator, PM (entering) East - 6.5 trips West - 6.5 trips On a Saturday (entering) East - 146 trips West - 146 trips Peak Hour of Generator (entering) East - 39 trips West -39 trips OCT 2 2 2002 Existing Traffic Immokalee Rd currently has 18,361 AADT 19,396 PSDT LOS C Impact of proposed use The proposed church will have minimal impact on Immokalee Rd. The project will generate 0.7 % AADT on the road. Since the church is currently having services elsewhere, it is expected that the project will relieve traffic from other roads while having minimal impact on Immokalee Rd. Proposed Improvements This project proposes to improve River Rd. by paving it from Immokalec Rd. to the church entrance. AGF~IDA ITEI~ -~ OCT 2 2 2002 Ptel~u'ed by and Return to: JANICE BANY~-~ Z C~ASSIC TI~E SERVICES, INC. 116~0 Bonita Beach Road, Suite 401 Bonita Springs, FL 34135 G~E T~ ID ~ER: *** 2846123 OR: 2880 PG: 0142 ~ ~t O~C~L GCOBI of C~LLIII OO/2Z/,~I et O~:ItM m~ I. I~, UC Il! DOC-.~O IJ~n: CLA#ZC T~flJ #lTl~l WARRANTY DEED THIS INDENTURE, made this 20th day of August , A.D. 2001 between SPINA, INC., a New York Corporation having its principal place of business in the County of COLLIER and State of FLORIDA, Grantor*, whose address is: 3235 BENICIA COURT, NAPLES, FLORIDA 34109, and TRUSTEES OFT HE GOLDEN GATR ~EVENTHDAYADVENTISTCHURCH as Grantee*, whose address is: PO BOX 9921, NAPI~ES, FLORIDA 34101 wITNESSE~{: That the' Grantors, for and in consideration of the sum of TEN ~ NO/100 DOLlaRS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of collier, State of Florida, to-wit: The West One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter, Section 30, Township 48 South, Range 27 East, Collier County, Florida. LESS the West 10 feet and the South 20 feet thereof. The subject property is not the homestead of the grantor, nor is it contiguous to the grantors homestead property. Subject property is vacant land. Property Tax ID Number: 00218400007 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 2001 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS w~F, Grantor has caused these presents to be signed in it~ name the day and year first above written. Witnesses ~axwr oJ~ TYPS ~d~: William R. Banyasz sPINA, INC., a New York Corporation ~ARTHUR A. S~INAo P~SID~T State of FbORIDA County of ~ The foregoing instrument was acknowledged before me on this 20th day of August, 2001 by ARTHUR A. sPINA, PRESIDENT on behalf of SPINA, INC., a a New York Corporation. He/she is personally known to me or has produced drivsr's licenses as identifiesti°n.Wnd did taJ%e an My Commission Expires: /N(DTARY I~3~LTC o., ,.k% ;;.,-, -,,:% · ~ %Ccm~r,~r,Q~ :PCC7~117 Hey, 10/27/94 AGE. ND A ITEM OCT 2 002 Name /vl/chael Owusu Brenda Owusu Violet Dixon Mderman Dixon Rupert Bolfour W~sley Edmonds Jacq,,xi~ Hart Timothy Matthew Al Salim Jennie Monson Raymond Monson Terrance Kepple .lane Eichhom Kay Deselem Public Information Meeting Golden Gate Seventh Day Adventist Church March 5, 2002 5:30 PM Golden Gate Library CU-2002-AR-1943 PROJECT #2001080016 DATE: 3/25/02 KAY DESELEM Attendees Address Phone 1021 Pine Isle Lane, Naples 1021 Pine Isle Lane, Naples 1321 8~ St N.E., Naples 1321 8m St N.E., Naples 491 18~ Ave. NE, Naples 681 18~' Ave. NE, Naples 9315 10~ AE, Naples 2081 Wilson Blvd., Naples 2425 River Rd., Naples 4975 Bonita Beach Rd, Bonita Springs 4975 Bonita Beach Rd, Bonita Springs Project engineer Collier County Collier County 793-7281 793-7281 348-9309 348-9309 351-5698 352-2298 774-0437 774-0437 AC. sENDA ITEM~ OCT 2 2 2002 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR TKE ESTABLISHMENT OF CONDITIONAL USE "7" FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "A-MHO" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of thc 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, as amended) 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 planmng board for the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.2.3 in an "A-MHO" Zone for a church and other places of worship 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, identified as CU-2002-AR-1943, filed by Terrance L. Kepple, of Kepple Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "7" of Section 2.2.2.3 of the "A-MHO" Zomg Dis~ict for a church and other places of worship 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. OCT 2 2 2002 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 ,2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Patrick G. White Assistant County Attorney Attachments: A. B. C. D. CU-2002-AR- 1943/KD/1o Findings of Fact Boundary Survey and Legal Description Conceptual Master Plan Proposed Conditions 0CT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by Affect cannot bc mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~lffilLtm*t) be recommended for approval - AGE~A['r~M -q~)CT 2 2 2002 EXI lZS~' .a_ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943. The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized thc conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No__ Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible use within district Yes ~' No Based on the above findings, this conditional use should, (should not) be recommended for approval with stipulations, (copy attached) OCT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943, The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorizexl the conditional nsc. 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 be, camo of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or c//Affect mitigated by Affect c~not be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible use within district Yes ~' No ~// Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~-- Ox t t'- ' £XH ~_v'T .~. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. 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 prope~' or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: 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 No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~affect or Affect mitigated by Affect--cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district (~ lXlo~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ,~o~a~^ E UL, I 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL.USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. SectiOn 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood.because of: A. Consistency with the Land Development COde and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egreSs Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible use within district Yes ~' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. 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 becauso of: A. Consistency with the Land Development Code and Growth Management Plan: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and conlJ'ol, and access in case of fire or catastrophe: Adequate ingress & egress 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 adjacem properties and other property in the district:' Compatible use within district ~ No__ Based on the above findings, this conditional use should, with stipulations, (copy attached) AGE, IDA ITEM (should not) be recommended for approval E~ OCT 2. 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR. CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: -C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~///No affect or Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE:~ AGENOA ITEM ,.,,., T 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan:  es ~' ~o 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: Affects neighboring properties in relation to noise, glare, economic or odor effects:  o affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district No~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval CU-2002-AR-:L943 Exhibit B 9 OF I~GEJ~IDA fTEM .T 2 2 2002 i .-~~'3iI.99, N ~d52'!$' RECEIVED l ~" I~"---' Proposed Fellowship, ;', ,,,' / Church ~ Classrooms &,' I~AR 2 5 2O0Z ii ~' ! __ o~c, :. . Planning Services -~ ~'l I ' ' . --' G61den-Gate H : -- ,..~-- ---_~_ . '~ I I ~~~ ~ - '". ..... 7th Do.y Adventist. /' ~ ~ ' 500/7-x 3=214 ,.~] tl~ ,~ Perking. Provided ~ [[[ -- - 222 spaces ~.'lJ ~ :~ - -- =-- '."", ' Setbocks. ~t :~ ~,~' 8etention Areo . Side 30' t '/4 . -- -- ; ~O[~A I~ M Rear 50' '~ .~[ DA~ 7~ ~y ~ven~t 7~ ~ ~'=~ Site Plan Exhibit C 'SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-! 943 CONDITIONS OF APPROVAL 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as "Golden Gate 7~ Day Adventist" prepared by Kepple Engineering, Inc., dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned below. 2. Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a) a minimum Type D buffer along the western boundary (Rivers Road) and the southern boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain." In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type D standards. b) a 30' wide landscape buffer along the east property line to conform to the following: · All existing indigenous vegetation must be preserved. · Re-grading of land or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. · A double row native (indigenous) hedge consisting of plantings of at least five foot in height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot in height above the adjacent parking lot pavement surface. No fence or wall is required. · Existing tree canopies with gaps greater than 25 linear feet shall be supplemented with native Type B 'landscape buffer trees located to fill such gaps. The augmentation must be in place prior to the issuance of a certificate of occupancy. 3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of ' occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line. 4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except that exotics must be removed in compliance with condition #5. 5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 6. The conditional use will expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7. Should the parcel to the west develop before this parcel, this parcel's access pOint must be re- designed to align with that access point. 8. Parking must be provided in compliance with the LDC requirements, in effect when site development approval is sought. 9. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. Revised 9/18/02 G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\proposed conditions.doc Ct-, I rJJ~Exhibit: D OCT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2 002-AR-1943 The following facts are found: 1. SectiOn 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~ be recommended for approval DATE: AGENOA~TEM 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION · FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943. The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. · 2. Granting the conditional use will not adversely affect the public, interest and Will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and .Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and. access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No 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 use should, with stipulations, (copy attached) (should not) be recommended for approval £X~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A COi'qDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. SectiOn 2.2.2.3.7. of the Land Development Code authorized the conditional use. 3 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: Consistency with the Land Development Code and Growth Management Plan: Yes '~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~i~ No Affects neighboring properties in relation to noise, glare, econornic or odor effects: ~_~ No affect or c//Affect mitigated by ~ ~ ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other.property in the district: Compatible use within district Yes ~ No / Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . EX[ OCI 2 2 2002 CBZ -.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public' interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development COde and Growth Management Plan: 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: Co Adequate ingress & egress Affects neighboring properties in relation to noise, glare, economic or odor effects: ~affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district No~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval OcT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL.USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval "/~ J ~r.,E~A iTEM FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. 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 off A. Consistency with the Land Development Code and Growth Management Plan: 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 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 ~ No~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval EXH OCT 2 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PE ~'IITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. 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: Ao Consistency with the Land Development Code and Growth Management Plan: YCS ~N'O 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: Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval // - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. SectiOn 2.2.2.3.7. 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: · · .. Consistency with the Land Development COde and Growth Management Plan: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedesfrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Affects neighboring properties in relation to noise, glare, economic or odor effects: o affect or Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district:' Compatible us~e within district No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: EXH~ 2002 ENDA I ' '2 2 2002 ,31 ! .g9, N 6~d52'18' RECEIVED :~ :X:I . _._- Pro osed Fellowship, I~' P ', ~ ~ , ~rch ~Classrooms MAR 2 5 2002 ~ a I -'-- G6iden Gate ~ ~i --'~~ ~ ~ 7th Day Adventist. ~ ,~ ~~~ ~ ~ ' .. ~rop~'~od Church ~ ~ 500 ~orkin~ Required ~ ~ ~ : -.- ~ "' ' 3 s~aces per 7 ~ll ' :.9 ~'.i ~ 7 ~ , 5oo/7 ~ 3=2~ ~,,~i ~ ~ ~ ~% , Parking. Proyided "' ~' - .... Front 50' Side 30' I ~'5 .....  1'-~' Golden Ga~ Golden Ga~ ~ ~a ~i )x~/~s/°t ?~ Day Advent[ ?[h Day Ad~n~ ~.~ ~ ~ ~ ~ Site Plan (~t) ~t~ ~ , " CU-2002-AR-1943 ~ Exhibit C SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR.! 9' 3 CONDITIONS OF APPROVAL 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as "Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc., dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned below. 2. Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a) a minimum Type D buffer along the western boundary (Rivers Road) and the southern boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain." In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type D standards. b) a 30' wide landscape buffer along the east property line to conform to the following: All existing indigenous vegetation must be preserved. Re-grading of land or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. · A double row native (indigenous) hedge consisting of plantings of at least five foot in height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot in height above the adjacent parking lot pavement surface. No fence or wall is required. · Existing tree canopies with gaps greater than 25 linear feet shall be supplemented with native Type B landscape buffer trees located to fill such gaps. The augmentation must be in place prior to the issuance of a certificate of occupancy. 3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line. 4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except that exotics must be removed in compliance with condition #5. 5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 6. The conditional use will expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7. Should the parcel to the west develop before this parcel, this parcel's access point must be re- designed to align with that access point. 8. Parking must be provided in compliance with the LDC requirements, in effect when site development approval is sought. 9. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. Revised 9/18102 G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\proposed conditions.doc LOCT 2 2 2002 EXECUTIVE SUMMARY REQUEST THE BOARD ADOPT AN ORDINANCE CREATING THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. OB,JECTIVE: For the Board to adopt an Ordinance creating the Immokalee Beautification MSTU Advisory Committee and allow one seat of the Advisory Committee to be an appointed representative of a business located within the MSTU. CONSIDERATIONS: The Immokalee Beautification MSTU requested staff at their January 17, 2001 to have their enabling Ordinance changed to allow one of the 5 seats to be a member appointed by a business located within the boundaries of the MSTU. The Board approved staff's request for direction on this issue at the October 23, 2001 item 16B 1. While being reviewed by the County Attorney's Office it was discovered that the advisory committee was never created. Therefore, an Ordinance was drafted to create the Advisory Committee with the requested language allowing one Committee member to be an appointed representative of a business located within the MSTU. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt Beautification MSTU advisory Committee. S UBMITTEDBY: ~ f'~-~ Bob Petersen, Project Manager, Landscape,, Maintenance Michae, tq~. Etela, maki,. P.E., Road Maintenance Director APPROVED ' " "'~ Nofm~Jn E. Feder. AICP, Transportation Administrator / an Ordinance creating the Immokalee DATE: /('-'~- ?' DATE: DATE: '2 7..-~.- AGENDA ITEM OCT 2 2 2002 pg. ] 1 6 1I 12 13 15 18 19 ORDINANCE NO. 2002- AN ORDINANCE CREAI'ING THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF E.XPENSES; SETTING FORTH THE FUNCTIONS, P'O'~ERS AND DUTIES OF THE COMMITTEE; SETTIN-G FORTH THE DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESg; PROVIDING FOR CONFLICT AND SEVERABILITY: PROVI])ING FOR INCLUSION IN THE CODE OF LAWS AND ORDENANCES; AND PROVIDING AN EFFECTIVE DATE. ',X.'HEREAS, Collier Count5' Ordir~nze No. 2001-55, as amended, sets forth the 20 requirements ibr creating County Advisory Boards: and 21 \VHEI~EAS. Collier Corn:fy Ordinarre No. ~2-40 created the Immokalee Beautification 12 Municipal Service Faxing t nit in Collier <_ ount.~. F',orida: and 23 \\'HEREAS. ti~e Board of County C~7zzaissioners desires to establish an advisoo' committee 24 :o ad',isc :he Board ef Cok:nt.x Comnl ssioz:ers on matters pertaining to the Immokalee 25 Beamificat:on Mu:~icipa 5erxice ]-axing U.'~t'_ (x. iSTl.' ~. ~ N~'~'6. ]'i!EREFORE. BE IF ='FqOLVED BY THE BOA. RD ()F CC)UNTY COM'xllSSiONERS OF COLLIER COU_'CT\'. FLORIDA that: SECTION ()NE: CREATION OFTHE IMMOKALEE BEAUTIFICAlrlON ADVISORY (20MSIITTEE. 3'. q l~e:'e ,< kerck', created anJ es:abiisitea the hnmekalee Beautillcation Advisory Committee. 32 l,,ereinafter referred to xs 'Committee". 33 SECTIONTXVO: APPOINTMENT AND COMPOSITION. 34 35 A. Thc Comn~ittee shall consist of 5ye (5) members which generally represent the area 36 v, ithin the hnmokalee Beautification Mumzipal Sen'ice Taxing Unit as said MSTU is described 37 in Collier County Ordinance No. 92-40. 38 B. Members of the Committee shall be appointed by and serve at the pleasure of the Board 39 of Count>' Commissioners. Four (4'1 members simll be permanent residents within the MSTU 40 and electors of Collier County. One (1 I member may be an o~amer of residential or commercial 41 properb' within the MSTU or an appointed representative of a business located within the MSTU A~END, A ITEM No. OCT 2 2 20G2 PO. 2-- and elector ~' Collier County. An owne: of residential or commercial property, may be an 2 individual, an officer of a corporation, or a parmer of a partnership. 3 C...\ppomtment of members to the Committee shall be by resolution of the Board of 4 County Commissioners. which resolution sh~ll set forth the date of appointment and the term of 5 o~ce. (5 SECTIONTItREE: TERMS OF OFFICE. 7 g The initial terms of office of the Commit'~ee shall be as follo,.vs: o A. 1-xxo (2) members shall be appoin:ed Ibr a term of two (2) years. i0 B. Tx~o (2) members shall be appointed f~r a term of three (3) years. 1 i C. One / ~ member shall be appointed lb: a ~crm of four t4} 3.'ears. 12 Therea~ier. eaci~ appointment or reappointrnem sn:.li be for a tern~ of four (4) years. 13 .-Xppomm,,ents to fill any vacancies on thc Committee shall be for the remainder of the l 4 unexpired term Of ' 5 SECTION FOUR: REMOVAL FROM OFFICE. FAILURE TO ~TTEND MEETINGS. 1" \ x:~.., non-be:- et' thc C :,:nn~inee m:' -: ·: :2 :'1' '. ~1 office with or without cause b? a 1~ !3..'~,tzen,:ancc shall be gexerned L,x , ):,::; .~: X'c 2"01-55. as it may be amended 2(t t'.me [o EU]]C. or its <l. ICCeSgof ortiinance ': SECTION FIVE: OFFICERS, QL'OI~,t'M. P,t LI ', ~')F PROCEDURE. 23 ', x,t its ea:-~:cst o??ortur.:.tX, the :~'.=n:~': ' - : :Fro _ .mm:tree shall elect a chairman and 2-i x ~ce cnai~n'.an :~'c,m among tile members. Ot:i :¥:-~ 'c:::2s si J. il be for one (1) Fear. vdth eligibility "5 tbr re-election. 26 B. The presence of tizree ~3) or more mezzos, fl shall constitute a quorum of the Committee 27 necessarB, to take action and traz~sact businzss. 28 C. Tile Committee shall, by ma. loriU' xow of tile entire membership, adopt rules of 20 procedure for the transact/on of business and shall keep a written record of meetings, resolutions. 30 findings and determinations. Copies of ail Committee minutes, resolutions, reports, and exhibits 3 i shall be submitted to the Board of Count)_' C >nm:issioners. 32 AC~FNDA |TEM No. _ ~C.( ~ 0C'T 2 2 20O2 3 4 5 6 7 8 9 10 ll 12 13 14 15 1¢ 18 2O 24 25 26 28 20 30 31 32 SECflON SIX: REIMBURSEMENT OF EXPENSES. Members of the Committee shall ser-,'e xvithout compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of Coun~~ Comm.s sioners. SECTION SEVEN: FUNCIIONS, POWERS AND DUTIES OF THE COMMIIIEE. The functions, powers and duties of the Comminee shall be as follows: A. To aid and assist the Board of Co,anD' Commissioners in carrying out the purposes of providing landscape beautification as set lc,rtL in Collier County Ordinance No. 92-40. B. To prepare and recommend to the B:~ard of County Commissioners an itemized budget of the amount of money required to can7.' ,>ut the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out ~his responsibility, the Committee shall, no later than April 1't of each xear. meet 'a'ith the Cc. arz'., Administrator or his designee and outiine to the County .~dministrator or his designee dt:,:;z projects ~hich the Committee '.,,ish~q u, see acconmli<hed 3uring the next fiscal year. Ba~d u?on this information, the Coum, Adn,,i~i~trator or his designee shall prepare a proposcc budget Ibr the Municipai Serx:ce accor.lar~.e ',x~th '.he standard CounLx gu:Sol ne., :'~:garding the preparatio'?. ,.u - :.:_~ 'This propt>,ed budget shall then 3e rex iev, ed bv J-v Cvmmittee and upon approval bx be trans:qnned through the County Ad:nih ~'~rator or his designee to the B: a,:d ('ommis>:oners tot adoption in accordant-~ x,.dt dne procedures for the adopti,:~ ,: 7z:id~l< SC[ 2,rrb _:ndcr ge.'~cra; [a,.x and the Board of t'o~nt'., Commiss:oners' policy, bhouid fail to apt, rt, x c a budget by .iune i:' of each -,car. :he Countx Administrator or 17:- Jesi~:ttz~e shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommen:i ',~ork programs and priorities to the County Administrator or his designee in accordanze ~O, th the adopted budget or budget an~endntents which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said v,'ork may be performed under contract (in accordance with la~ or by County forces. AGEblD~A iTEM 1'-3_ _ OCT 2 2 2002 . I). The'Commir. ee may adolpt and ~_nlend "Guidelines" to govern its operation and the 2 operanon of tile Municipal Service Tax!n~g Unit. subject to approval by the Board of County 3 Commiss~one:s 4 SECTION EI(JltT: DUTIES OF THE COUNTY ADMINISTIL4TOR OR HIS 5 i)ES1GNEE. 7 The duties of the County Administratc~' et his designee shall be: g A. To administer the activities of tk.- Municipal Service Taxing Unit in accordance with ') estabiished police:; or- the Beard of Count5 Commissioners and guidelines adopted by the ! 0 Committee. ! ! B. To prepare The annual budget in ac z~rdance with Section Seven, Paragraph B, above. 12 C. To p:'oxide periodic written re.~,r:.~, to the Committee and the Board of CounD' i3 Commissioners of the activities c,f the 'Municipal Setwice Taxing Unit and its finances in I-: accordance ,,al:in es:aN/shed guidelines o(:a: Boa:'d efCounb Commissio::ers or the Committee. !5 D :\trend ail Committee meetings. 16 SECTION NINE: P, EVIEXX PROCESS. iN 'lifts c'c~r::i:n~t'ce shaiI be :-cx,.ewcd ~n:: e',crx four (41 ~ears commencing in 2004 in t'; accordance ,.~:th 5ne ?:'ocedures ,:on:a:22i m C'eiiier County Ordinance N~,. 2001-55. as it) amended, t,r ~t~ successor o~dinancc 'I SECTION TEN: CONFLICT ANDSEVERAB1LITY. 23 hi t',2c ca'ch: t:xts (3:',Jmanc2 ,:~ n:iic:, v.:m an, other ordinance of Coiiier County or other 24 applicable iaaa. fi~e more rebtnc:~x c shall al:p!:,. FI an3 phrase or portion old:is ()rdinaz~ce is held 25 inxaiid o~ unconsti:utional b3 an3 court e:' zon_petent jurisdiction, suci7 portion shall be deemed a 26 separate, distract, and indepencient proxis~,,n and such holding shall not affect the validity of the 27 remaining portion. 28 SECTION ELEVEN: INCLUSION IN IHE CODE OF LAWS AND ORDINANCES. 29 30 Tile provisions offl~is Ordinance sha'l be:ome and be made a part of the Code of Laws and 31 Ordinances of Collier Cotmty. Florida. ]'ne sections of the Ordinance may be renumbered or 32 relettered to accomplish such. and the we:d 'ordinance" may be changed to "section", "article". 33 or any other appropriate word. 34 35 Ar'-culhA ITEM No.~ O(:l 2 Z 2002 1 SEC~,ON TWELVE: EFFECTIVE D~TE. 3 This Ordinance shall become effecti~ e upon filing with the Department of State. 10 12 13 14 15 16 18 20 23 24 25 26 28 20 PASSED AND DULY ADOPTED ~y tt',e Board of Comity Commissioners of Collier Cotmty, Florida, this Jay of ..... ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA JAM~S N. COLETTA, CHAIILMAN Approved as to form and legal sufficiency: Heidi F. Assislam County A~torney AGENDA iTEM No.. __~ '-")C~ ~ OCI 2 2 2002 EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 2001-02 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2001-02 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 2001-02. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary, of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management Impact RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2001-02 adopted budget. Michael Smykowski, OMB Director Approved By:., ~:.~.-~/~ _ .~/( ~ James V. Mudd, County Manager Date: AGENDA iTEM ~',~c:, ........ /_7'_~--~ OCT ,,,'2 2' ZOOt'". COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2001-02 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on October 22, 2002 at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts James N. Coletta Board of County Commissioners Collier County, Florida Chairman Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 02-515 346 02-518 602 02-519 115 02-520 115 Parks Capital Projects PURPOSE: To appropriate transfer for Golden Gate Community Center share of expansion project. Confiscated Trust PURPOSE: To recognize confiscated property proceeds to fund matching grant requirements. Sheriff's Grants PURPOSE: To recognize matching funds for Victim of Crimes Act grant. Sheriff' s Grants PURPOSE: To recognize matching funds for STOP Violence Against Women grant. S200,000 $39,800 $2,000 $7,900 $12,430,764 $58,900 $1,557,138 $1,565,038 AGENDA ~TiF~ OCT 2 ? 200 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 02-521 02-522 02-539 02-540 02-541 02-542 02-543 02-545 02-556 517 001 118 115 115 115 115 115 144 Group Health and Life PURPOSE: To appropriate interfund transfer to pay health claims. General Fund PURPOSE: To appropriate Communica- tions Toxver Lease revenues and pay pro- rata share to the Golden Gate Fire District. Fire Grants PURPOSE: To recognize Volunteer Fire Assistance grant funds and matching transfer from Ochopee Fire Control to purchase 800 MHz portable radios. SherifFs Grants PURPOSE: To recognize D.U.I. enforcement grant and matching funds. SherifFs Grants PURPOSE: To recognize Traffic Crash report gra,nr and matching funds. SherifFs G,,'ani~ PURPOSE: To recognize Bwne grant and matchi::z t'unds. SherifFs Grants PURPOSE: To recognize local required Byrne Grant and matching funds. SherifFs Grants PURPOSE: To recognize local required Byme Grant (THUGS) and matching funds. Isles of Capri Fire Control PURPOSE: To recognize transfer and inspection fee and surplus sale revenue. $649,900 $11,648 $7,975 $33,963 S50.800 S2,600 $6,100 S50,000 $12,178 $18,084,373 $192,315,195 $243,162 51,599,00l $1,649,801 51,652,401 $1,658,501 $1,708,501 $353,348 OCT 2 2 2002 RESOLUTION NO. 02-BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2001-02 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Con'amssiouers (hereinafter also referred to as "Board") at any tune w/thin a fiscal year may amend a budget for that year, and provides thc procedures therefor; and WHEREAS, the Board of County comrmssioners of Collier County, Florida, has received copies of budget 2 amendments which provide for but are not hmited to: anticipated carry forward, ,manticipated revenue, and/or receipts of a 2- nature from a source not anticipated m the budget and received for a pamcular purpose; appropnauons for expenditures m particular funds that should be decreaaed and other appropriations m the same fund that should be correspondingly 5 increased; approprianons fi.om the reserve for contingencies; approprianons from the reserve for future construction and o ~mprovements: and increased receipts for enterprise or proprietary, funds received for a particular purpose; and WHEREAS, the Board has determmed that it ts appropriate to amend the Budget for Fiscal Year 2001-02 by resolution pursuant to Sectmn 129.06, Florida Statutes. NO\\:. THEREFORE. BE IT RESOLVED BY THE BO.KP,.D OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLOP,2DA. that the budget amendments to the 2001-02 FY Budget described below are approved and hereby adopted and the 20i'd -02 FY Budget ~s so amended. 29 FUND INCREASE iDECREASEi CARRY FORWARD INCREASE BUDGET OR [7, CREASE INCREASE INCREASE (DECREASE~ AMENDMENT INTERFLZ'4 D tDECREASE~ (DECREASE} [DECREASE) INTERFL .~D NUY, IBERS T~NSFERS RECEIPT E.'CP END ITURE RESERVES TIL&NSFERS 51 346 :2 602 33 115 34 115 35 5i7 36 001 3v I18 38 115 39 115 40 115 41 115 115 43 144 02-515 $200,000 $200,000 02-518 $39,800 02-519 52,000 $2,000 02-520 $7,900 $7,900 02-521 $649,900 $1,249,900 ($600,000\ 02-522 $11,648 $11,648 02-539 $3,987 $3,988 $7,975 02-540 $6,500 $27,463 $33,963 02-541 $2,200 $48,600 $50,800 02-542 $2,600 $2,600 02-543 $6,100 $6,100 02-545 $12,500 $37,500 $50.000 02-556 2,545 $9,633 $19,815 (55,370) - 1 - $39,800 ($2,267) OCT 2 2 2007 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes'of this meeting for permanent record m his office Flus ResoluUon adopted at, er motion, second and majority vote favoring same. 4 5 DATED: 6 7 ATTEST: 8 DWIGHT E. BROCK. Clerk 9 l0 11 By: l 2 DEPLWY CLERK I4 ! 5 Approved as to form and 16 legal sufficiency: 17 20 Ran'Ufo Manalich 21 Chief Ass~.stant Coumy Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA., CHA[I~MAN 0 C T Pg._ --- EXECUTZVE SUMMARY A RESOLUTI'ON TO APPROVE PRESENTATZON TO THE COUNTY'S LEGZSLATZVE DELEGATZON A SPECt.AL ACT CODI'FYZNG [NTO THE PROPOSED SPECI'AL ACT F1~VE SPECI~AL ACTS RELATED TO THE COLLZER COUNTY WATER- SEWER DI'STRt.CT AND Ft.VE SPECt'AL ACTS RELATED TO THE PELt'CAN BAY t'MPROVEMENT Dt.STRt.CT. OB.1ECTt.VE: That the Board of County Commissioners approve for presentation to the County's Legislative Delegation the enclosed proposed Special Act codifying (consolidating) the Collier County Water-Sewer District Special Acts. CONSIDERATt.ONS: Section 189-429, F/or/da Statutes, requires that counties codify (consolidate) existing Special Districts Special Acts if there are two or more Special Acts in existence related to the respective Special District. Chapter 88-499, Laws ofF/or/da, the Collier County Water-Sewer District currently has five Special Acts related to its District and, therefore, is required to consolidate all o~: these five Special Acts into a single Special Act, and also repeal these five existing Special Acts. The attached Special Act repeals these five Special Acts. The State of Florida requires Board of County Commissioners to consider and approve the codified Special Act at a public meeting prior to its presentment for consideration by the County's Legislative Delegation. The substantive changes that have been made to this proposed Special Act are as follows: 1. Renumbering of sections and subsections, where appropriate. 2. Deletion of superfluous language. 3. Punctuation changes, capitalization, and minor grammatical and wordsmith corrections, where appropriate, for clarification. 4. Chapter 89-452, Laws of F/orida, removed the Collier County Water-Sewer District's jurisdictional powers in the geographic area of the Pelican Bay Improvement District from the geographical boundaries of the District. Pursuant to Collier County Resolution No. 91-216, the Pelican Bay Improvement District was dissolved and all of its jurisdictional power was restored to the Collier County Water-Sewer District. Therefore, that geographic area is being added back into the County Water-Sewer District's authorized service area and this consolidating ACt also repeals Chapters 74-462, 77- 531, 78-492, 80-484 and 82-280, Laws ofF/or/da, all related to the defunct Pelican Bay Improvement District. Attached is the proposed Special Act of the Collier County Water-Sewer District. if the Board of County Commissioners approves the Resolution, this Special Act will be presented to the County's local Legislative Delegation at its November 26, 2002 meeting. F]:SCAL ]:I~IPACT: There is no fiscal impact. GROWTH HANAGEI4ENT Zt4PACT: There is no growth management impact. RECOI~IMENDATION: That the Board of County Commissioners approve the attached Resolution and direct staff to present the proposed Special Act to the County's Legislative Delegation at its November 26, 2002 meeting, as a prerequisite to having this Special ACt forwarded for enactment into law by the Florida Legislature during the upcoming legislative session. PREPARED BY: I['~ut,'x 1 ~rt.J, ~ Thomas C. Palmer Assistant County Attorney DATE: APPROVED BY: ./_i. ~ ~ ] '~ David C. Weigel ~-' CounW Attorney DATE: 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 A BILL TO BE ENTITLED An Act relating to the Collier County Water-Sewer District, an independent Special District in Collier County, which was re-created by Chapter 88-499, Laws of Florida; consolidating into this Act and repealing all such prior special acts, as required by Section 189.429, Florida Statutes; affirming legislative intent, jurisdiction, and restrictions with regard to the City of Naples, Everglades City, the Immokalee Water and Sewer District, the City of Marco Island, the geographic area called Golden Gate, and other specified unincorporated areas of Collier County; providing definitions; affirming authority with regard to adoption of rates, fees, and charges; issuance of bonds, trust funds and trustees; affirming provisions regarding covenants of District Board with bondholders; affirming that unpaid fees constitute liens; continuing provisions for publication of notice of issuance of bonds and that bonds shall have the qualities of negotiable instruments; continuing provisions for rights of holders and providing for annual reports of the District Board; continuing provisions for District Bonds as securities for public bodies; continuing provisions for contracts for construction of improvements and sealed bids, and special assessments; continuing prohibition against free water and free sewer service; continuing provisions regardin~ impact fees; continuing provisions regarding conveyances of prope.m/without consideration; continuing provisions for district approva! of construction of water and sewage facilities; continuing provisions for construction of law; continuing provisions for penalties and erfforcement; providing for the repeal of Chapters 73-437, 78-489, 88-499, 89-452 and 96-451, Laws of Florida, all relating to the Collier County Water-Sewer District; providing for the repeal of Chapters 74-462, 77-531, 78-492, 80-484 and 82-280, Laws of Florida, all relating to the defunct Pelican Bay Improvement District; and providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Pursuant to Section 189.429, Florid~ Statutes, this ACt consolidates into this Act all Special Acts that preceded and which were amended by Chapter 88-499, 38 Laws of Florida, and all Special Acts that amended Chapter 88-499, Laws of Florida, all 39 4O of which are repealed by and are superceded by this ACt. These subiect Special Acts are: 1 Words underlined are added; words "" .... "~" ..... '~ ............ ~.. are deleted, i ~ , .~: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (l) Chapters 73-437, 78-489, 88-499, 89-452 and 96-451, Laws of Florida. Chapter 96-451 amended Subsection (12) of Section 5, and Section 16 of Chapter 88- 499, regarding the District awarding, letting or entering into contracts. Chapter 89-452, removed the Collier County Water-Sewer District's jurisdictional powers only in the geographic area of the then existing Pelican Bay improvement District, which geographic area was also concurrently removed from the geographical boundaries of the District. Pursuant to Collier County Resolution No. 91-216, the Pelican Bay Improvement District was dissolved and its powers were restored to the Collier County Water-Sewer District. (2) This Act repeals Chapters 74-462, 77-531, 78-492, 80-484 and 82-280, all of which related directly and only to the Pelican Bay Improvement District, which has been dissolved since 1991. (3) This Act describes the now existing geographic boundaries of the District. (4) References in this Act to statutes include now existinq statutes and such 15 16 17 18 19 20 21 22 23 statutes as may hereafter be amended or superseded, except to the extent, if any, expressly specified otherwise in each respective statute.. Section 2 3. Legislative Intent. It is declared as a matter of legislative determination that the extensive growth population and attendant commerce throughout Collier County continue to give has §lyon rise to public health and water supply concerns, in that many of the unincorporated areas of Collier County are not served by water and sewer facilities normally and generally provided and maintained by governmental agencies and, instead, are served by private wells and privately-owned package sewage treatment plants or septic tanks; that the proliferation of such_pa.c.k.a.g_e. 2 Words underlined are added; words ~ are deleted. I sewage treatment plants and use of septic tanks poses a significant risk of 2 contamination of water supply sources for both incorporated and unincorporated areas 3 of Collier County; that it is the intent of the Legislature to continue to authorize the 4 Board of County Commissioners of Collier County, Florida, to act as the governing board 5 (District Board) of the Collier County Water-Sewer District with overall responsibility for 6 the provision of water and sewer services to cc~Jn specified geographic areas of 7 Collier County as hereinafter provided. 8 Section 3 ~. Collier County Water-Sewer District reestablished.;_ 10 r~,,..,., The Collier County Water-Sewer District .-~...... is hereby continued. 11 ree:tabllshed This District is as a political subdivision of the State of Florida and as a and politic ~k~ r-~.;... ~- .... ~, ~^~. c ...... r~.~ ~,~.. , .........~.~ Z2 body corporate ..... ..~ ..... .~.,,~ .,-~, ~ ............. , -,~ ~,,~ ..... 13 ~- .... ~. ~^,~.. c ...... ~;"*-~'-* "¢ ~'""~"' ~' .... ~" The Boa d of County Commissione of 14 Collier County, Florida, shall continue to be the governing board of the District with 15 rights, powers, and responsibilities as provided in this Act and by general law, including, 16 but not limited to, the authority to enact ordinances and adopt resolutions, and to 17 adopt rules and regulations for its own government and proceeding, and to adopt an 18 official seal for the District ~-~. -~o ~on , .... ,. ~ ~-~.;~ ...~.;.... ~.. ~... 19 ~,AI.-,,,4-,,-,,. ~,.--,,,,,-,, I'~. :.-'-,.-~. ~'~¢ P,.'~II;,~,. I"~,..,..~N, -~,..~,..I ,,~1;,-I~-;...~,.'1 l-k,~ ,-.-,~.'~-;,-~-- ~'~¢ ,-...-~;,-I 20 hcrcby ..... ' .... ""'~ ~" "~':" ^'~' ~,,~, ..... ,. ..... ~,~ ......... T_he County Water-Sewer District, as reestablished in 21 this Act, shall succeed to all rights, powers, jurisdiction, obligations, responsibilities, and 22 interests of the County Water-Sewer District of Collier County as originally established 23 pursuant to _Part I! of Chapter 153, Florida Statutes, and as was ree.stablished 'by":i~_~-~ Words underlined are added; words '~ .... "~" ..... ~ . ............ ~,, are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Chapter 88-499 r~.~..,... -,o ~on Laws of Florida ~ ..~ ,~,. ~-,,..~,-....~ ~A,.,^. r~.'~+.~.~.~ ..... ~.~ ...... ~ ',..,.,,..)',..~ ...... ~ ~',,.d, .aUu, ,'*. to ~a~"tx*TT ',."'~ .... '"'~""'""'"~,~,~,-, ~ ='~ ='"';'~" ~'+"+' '*"" This Act may continue to be known and be cited as the "Collier County Water-Sewer District Section _4 ~,. Jurisdiction, restrictions and boundaries as applied to the City of Naples, Everglades City, P^"'--n ~'"" · .......... ~- r,t..,.~,.. Immokalee Water and Sewer District, Marco Island, Golden Gate. and other unincorporated areas. (1) The Co~er County Water-Sewer District Board shall exercise jurisdiction over the provision of water and sewer services within the boundaries as hereinafter provided for_. The Board and shall be exempt from the provisions of Chapter 120, Florida Statutes. No privately-owned water or sewer utility shall be abandoned without adequate provision for continuance of service and the prior approval of the board. (2) Not~vithstanding any other provisions of this Act, the District Board shall exercise no jurisdiction or power of any kind over properties located within the boundaries of the City of Naples water and/or sewer service areas, or Everglades City, as all such boundaries exist on the effective date of this Act, except as may be consented to in writing by the respective city councils. ,~,'o~ shall The District Board may continue to exercise any jurisdiction and ~ power over properties located within the prior geographic boundaries of the Pelican Bay Improvement District. In 1991 the District assumed the bonds of that District and, pursuant to Resolution No. 91-216 began serving within that geographic area.,.,,~,.~,,-' ..... ~ ~.,~ may ,,,. ~ ....... ,.,,, ,.,,., ,,,.,,~"'~ ~",,, :n' .... ,,, ,,,,"~""",~ by 4 Words underlined are added; words -~ .... "*~ .... ............. gh are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (3) Any portion of the unincorporated area of Collier County, except the Immokalee Water and Sewer District, and the areas described in Subsection (5), paragraphs A., B., and C. and D. of this Act, may be added to the boundaries of the Collier County Water- Sewer District by adoption of a resolution by the District Board. Such resolution may be adopted only after notice of intent to consider the resolution at a public hearing at a specified date, place, and time shall have been published at least once a week for 2 consecutive weeks in a newspaper of general circulation in Collier County. Areas described in paragraphs A, B, C or D, in Subsection 5 herein, can be added to the. District's service area as then authorized by law. (4) Nothing in this Act shall be construed to negate or otherwise limit the powers, authority, and jurisdiction of the Board of County Commissioners of Collier County to provide for water and sewer services under then existing general law in any portion of Collier County. (5) The now existinq boundaries of the District as described in Chapter 88-499 Laws of Florida, and as amended by Collier County Resolution No. 96-14 (the same beinq Resolution No. CWS 96-26) are described """~"~'~ .... ,.~.,~...~ ..... ,,,,,,~ ,.~,,~,,,.,~ as follows: Beginning at the easterly shoreline of the Gulf of Mexico and the North line of Section 6, Township 48 South, Range 25 East, Tallahassee Meridian, Collier County, Florida; thence East along the North line of said Section 6 and Section 5 to the Northeast corner of Section 5, Township 48 South, Range 25 East; thence South along the East line of said Section 5 to the Southeast corner of said Section 5, Township 48 South, Range 25 East; thence East along the North line of Sections 9, 10, 11, and 12 of Township 48 South, Range 25 East to the Northeast corner of Section 12, Township 48 South, Range 25 East; thence East along the North line of Sections 7, 8, and 9 to the Northeast corner of Section 9, Township 48 South, Range 26 East; thence South along the East Section line of Sections 9 and ::[6 to the Southeast corner of Section 16, Township 48 South, Range 26 East; thence East along the North Section tine of Sections 22 and 23 to the Northeast corner of Section 23, Township 48 South, Range 26 East; thence South along the East section line of Sections 23, 5 Words underlined are added; words ~- .... '- ~ ..... ~- ......... ~,, are deleted. ? 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 43 44 45 46 26 and 35 to the Southeast corner of Section 35, Township 48 South, Range 26 East; thence South along the East line of Sections 2, 11, :14, 23, and 26 to the Southeast corner of Section 26, Township 49 South, Range 26 East; thence East along the North line of Section 36, Township 49 South, Range 26 East to the Northeast corner of said Section 36; thence South along the East line of Section 36, Township 49 South, Range 26 East to the Southeast corner of said Section 36; thence South along the East line of Section ! to the Southeast corner of Section :1, Township 50 South, Range 26 East; thence West along the North line of Section :12, Township 50 South, Range 26 East to the Northwest corner of said Section :12; thence South along the East line of Sections 11, 14, 23, 26 and 35, Township 50 South, Range 26 East to the Southeast corner of Section 35, Township 50 South, Range 26 East; thence South along the East line of Section 2, Township 5:1 South, Range 26 East to a point of the East line of Section 2 lying one (:1) mile North, as measured perpendicular to the Northerly right-of-way line of U.S. 41, State Road 90, Tamiami Trail; thence Southeasterly along a line lying one (1) mile North, as measured perpendicular to the Northerly right-of-way line of U.S. 41, State Road 90, Tamiami Trail, to a point on the East Section line of Section 22, Township 51 South, Range 27 East; thence continue South along the East Section line of Sections 22, 27 and 34, Township 51 South, Range 27 East, to the Southeast corner of said Section 34; thence continue South along the East Section line of Section 3, Township 52 South, Range 27 East, to the intersection of said East Section line of Section 3 with Black Water River; thence Southerly along the waters of Black Water River and Black Water Bay to their intersection with Gullivan Bay; thence Westerly along the waters of Gullivan Bay and Sunfish Flat and Caxambas Bay to Caxambas Pass; thence West through Caxambas Pass to the Easterly shoreline of the Gulf of Mexico; thence Northerly along the Easterly shoreline of the Gulf of Mexico to the intersection of the Easterly shoreline of the Gulf of Mexico and the North line of Section 6, Township 48 South, Range 25 East, being the Point of Beginning; AND Beginning at the southwest corner of Section 31, Township 48 South, Range 27 East; thence along the west line of said Section 31, North 01009'24'' West 171.66 feet; thence leaving said west line North 83°50'36'' East 127.49 feet; thence north 68011'27'' East 312.23 feet; thence South 83°37'40'' East 1074.79 feet; thence North 12°38'39'' East 90.57 feet; thence North 74o34'44'' West 439.84 feet; thence North 89°59'36'' West 538.03 feet; thence North 47°32'40'' West 324.00 feet; thence North 29027'34'' West 131.44 feet; thence North 06047'28'' West 278.30 feet; thence North 85°09'12'' East 1515.99 feet; thence North 04o50'48'' West 350.,00 feet; thence North 89057'58'' East 940.00 feet; thence North 22040'09'' East 580.00 feet; thence North 32°24'35'' West 831.83 feet; thence North 07°23'02'' West 1884.92 Feet; thence North 24°30'12'' East 230.40 feet; thence North 63003'47'' East 78.78 feet; thence South 60°24'49'' East 68.67 feet; thence South 69035'20'' East :178.33 feet; thence South 66°45'54'' East :103.57 feet; thence South 41°2:1'25'' East 58.77 feet; thence South 09°23'59'' East 146.74 feet; thence South 60°56'19'' East 161.95 feet; thence South 86010'30" East 169.68 feet; thence South 65°47'35''- 6 Words underlined are added; words ~' ............. ~.. are deleted. 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 East 108.59 feet; thence South 61°42'19'' East 160.73 feet; thence South 51°09'20'' East 246.90 feet; thence South 17°08'46'' East 135.69 feet; thence South 05°30'20'' East 174.19 feet; thence South 36°22'19'' East 85.39 feet; thence South 01°28'39'' West 193.59 feet; thence South 20°43'55'' West 57.31 feet; thence North 89°21'53'' East 132.49 feet; thence South 00°38'07'' East 600.72 feet; thence North 87°40'00'' East 1319.77 feet to a point on the east 1/4 corner of said Section 31; thence along the east line of said Section 31, South 00°39'23'' East 2682.53 feet to the southeast corner of said Section 31; thence along the south line of said Section 31, South 87°55'34'' West 5136.08 feet to the Point of Beginning of the parcel herein described; containing 112,640 acres more or less; subject to easements and restrictions of record, bearinqs are based on the south line of said Section 31, being South 87055'34'' West; LESS AND EXCEPT all of the following: A. Any lands lying within the City of Naples water and sewer service areas as may be revised from time to time by mutual agreement between the City of Naples and the County Water-Sewer District of Collier County, Florida. B. All lands that are subject to Florida Public Service Commission Certificate No. 452-W and Florida Public Service Commission Certificate No. 386-S, heretofore granted to Marco Island Utilities pursuant to Florida Public Service Commission Order No. 17218; and (LESS and EW~EPT) all lands that are subject to Florida Public Service Commission Certificate No. 470-W and Florida Public Service Commission Certificate No. 405-S heretofore granted to Marco Shore Utilities pursuant to Florida Public Service Commission Order No. 17218. .i~1 C. All lands known as the City of Golden, Gate (an unincorporated described as follows: ~. area) All of Sections 21, 22, 27, and 28, Township 49 South, Range 26 East, less the East 100 feet of said Sections 22 and 27. Also the following described portions of Sections 15 and 16, Township 49 South, Range 26 East. Commence at the Southeast corner of said Section 15, S. 84© 44' 22" W. along the South line of the SE 1/4 of said Section 15 for 100.42 feet to a point on the Westerly right-of- way line of State Road No. 858 and the POINT OF BEGINNING; thence continue S. 84© 44' 22" W. 2,555.94 feet to the South 1/4 corner of said Section-:- -:':-'--, 15; thence S. 84© 32'25" W. along the South line of the SW 1/4 of said Segtion,,,.: 7 Words underlined are added; words '" .... "~' ..... ~' ............. ~,, are deleted. 0 C T 2 2 ~.002 ! 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 15 for 2,653.76 feet to the Southeast corner of aforesaid Section 16; thence S. 89© 51'27" W. along the South line of said Section 16 for 5,290.68 feet to the Southwest corner of said Section 16; thence N. 00© 36' 43" W, along the West line of the SW 1/4 of said Section 16 for 641.49 feet; thence S. 89© 57' 11" E., 5,290.05 feet to a point of intersection with the East line of the SE 1/4 of the said Section 16, said point bearing N. 00© 41' 07" W. and a distance of 624.00 feet from the Southeast corner of said Section 16; thence East 5,194.36 feet to a point of the Westerly right-of-way line of State Road No. 858; thence South, along said Westerly right-of-way line, 137.12 feet to the POINT OF BEGINNING, all of the above lying and being in Collier County, Florida4 NOTE: No part of this land is within any boundary of any municipal corporation. D. Everglades City; The Immokalee Water and Sewer District. Because no boundary of the Collier County Water-Sewer District is now in close physical proximity to either the Everglades City or to the Immokalee Water and Sewer District, it is not necessary to describe with particularity in this Act the geographic boundaries of that City or that District. Section _5 4. Definitions. As used in this Act, the following words and terms shall have the following meanings, unless some other meaning is plainly intended: (1) "District" means the Collier County Water-Sewer District and thej.~,~"-;~'~'-~'--'~',~,.,...,,~,,., geographic boundaries of the District. (2) "Board" or "District Board" means the Board of County Commissioners of Collier County, Florida, acting as the governing board of the Collier County Water-Sewer District. (3) "Bonds" means revenue bonds and assessment bonds. (4) "District Clerk" means the Clerk of the Circuit Court and the ex officio Clerk of the Board of County Commissioners of Collier County, who shall be clerk and treasurer of the District. (5) "System" means the water and/or the sewer system of the District. 8 Words underlined are added; words struck ~' ..... ~ ...... s,, are deleted. t 0C1 2 2 7.00 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 (6) "Sewer system" means and includes any plant, system, facility, or property and additions, extensions and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage of any nature or originating from any source, including industrial wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resources; and without limiting the generality of the foregoing definition shall embrace treatment plants, pump stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and ali necessary appurtenances and equipment, all sewer mains and laterals for the reception and collection of sewage from premises connected therewith, and shall include all real and personal property and any interest therein, rights, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. (7) "Water system" means and includes any plant, system, facility, or property and additions, extensions and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water for domestic or industrial use and, without limiting the generality of the foregoing includes dams, reservoirs, storage tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to the premises connected with such system and includes all real and personal property and any interests therein, rights, easements and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. 9 Words underlined are added; words ~ .... "~ .....~ ............. ~.. are deleted. C CT ? 2.. 20[] I (8) "Cost" as applied to the acquisition and construction extensions, additions or 2 improvements to the system includes the cost of construction or reconstruction, 3 acquisition or purchase, the cost of all labor, materials, machinery and equipment, cost 4 of all lands and interest therein, property, rights, easements and franchises of any 5 nature whatsoever, financing charges, interest prior to and during construction and for 6 not more than two ~2) years after completion of the construction or acquisition, 7 extensions, additions or improvements to the system, the creation of initial reserve or 8 debt service funds, bond discount, cost of plans and specifications, surveys and 9 estimates of costs and revenues, cost of engineering, financial and legal services, and 10 all other expenses necessary or incidental in determining the feasibility or practicability 11 of such construction, reconstruction or acquisition, administrative expenses and such 12 other expenses as may be necessary or incidental to financing authorized by this Act 13 ,~,,,~ .... and including reimbursement to ~ Collier County or _to any other person, firm, or 14 corporation for any monies moneys advanced to the District for any expenses incurred 15 by the District or Collier County in connection with any of the foregoing items of cost, or 16 the reestablishment of the District. 17 (9) "Assessable improvements" means that portion or portions of a sewer system 18 or a water system of a local nature and of benefit to the premises or lands served 19 thereby and particularly, without limiting the generality of the foregoing, with reference 20 to a sewer system, includes, without being limited to, laterals and mains for the 21 collection and reception of sewage from premises connected therewith, local or auxiliary 22 pumping or lift stations, treatment plants or disposal plants, and other appurtenant 23 facilities and equipment for the collection, treatment, and disposal of sewage;ra~d-with 10 Words underlined are added; words ~ are deleted. I reference to a water system includes such mains and laterals and other distribution 2 facilities, pumping stations, and sources of supply as are of benefit to the property 3 served by such water system together with incidental equipment and appurtenances 4 necessary therefore. 5 (10) "Revenue bonds" means bonds or other obligations secured by and payable 6 from the revenues derived from rates, fees, and charges collected by the District from 7 the users or future users of the facilities of the system, and which may be additionally 8 secured by a pledge of the proceeds of special assessments levied against benefited 9 property. 10 (11) "Assessment bonds" means bonds or other obligations secured by and 11 payable from special assessments levied against benefited lands, and which may be 12 additionally secured by a pledge of other monies ,moneys received by the District. 13 Section _6 ~. Powers and duties of the District Board. The Collier County Water- 14 Sewer District Board shall have the following powers and duties in addition to and 15 supplementing other powers granted in this Act and powers granted to counties by 16 general law' 17 (1) To construct, install, erect, acquire and to operate, maintain, improve, extend, 18 or enlarge and reconstruct a water system or a sewer system, or both, within the 19 geographic ~' '""'~'""~"""' j~,,~,, ......... boundaries of the District and the environs thereof and to have 20 the exclusive control and jurisdiction thereof; to issue its revenue bonds or assessment 2! bonds, or any combination of the foregoing, to pay all or part of the cost of such 22 construction, reconstruction, erection, acquisition, or installation of such water system, 23 sewer system or both. Words underlined are added; words-~ .... "*~' ..... ~' ............. ~,, are deleted. 2002 I (2) To regulate the use the use of sewers and the supply of water within the 2 District's boundaries and to prohibit the use and maintenance of outhouses, privies, 3 septic tanks, package sewage treatment plants, or other unsanitary structures or 4 appliances. 5 (3) To fix and collect rates, fees, and other charges (including impact fees and 6 system development charqes) to persons or property or both for the use of the facilities 7 and services provided by the water system or sewer system or both. and to fix and 8 collect charges for making connections with the water system or sewer system~ and to 9 provide for reasonable penalties on any users or prope~/for any such rates, fees, or 10 charges that are delinquent. 11 (4) To acquire in the name of the District by purchase, gift or the exercise of the 12 right of eminent domain, pursuant to Chapters 73 and 74, Florida Statutes, such lands 13 and rights and interests therein, including lands under water and riparian rights, and to 14 acquire such personal property as it may deem necessary in connection with the 15 construction, reconstruction, improvement, extension, installation, erection, or 16 operation and maintenance of the system, and to hold and dispose of all real and 17 personal property under its control. The power of eminent domain may be exercised 18 both within and outside the boundaries of the District but within the boundaries of 19 Collier County. The eminent domain powers of the District as authorized in this section 20 may not be exercised in the areas specifically excluded from the District's jurisdiction 21 and boundaries in section _4 ~3, except as provided in section _4 ~3 for the exercise of such 22 jurisdiction or for the addition to the boundaries of the District of such specific areas. 12 Words underlined are added; words '* .... "~' ..... ~' ............. ~,. are deleted. 1 (5) To exercise exclusive jurisdiction, control, and supervision over the system, or 2 any part thereof owned, operated, or maintained by the District and to make and 3 enforce such rules and regulations for the maintenance and operation of the system as 4 may be, in the judgment of the Board, necessary or desirable for the efficient operation 5 of the system or improvements in accomplishing the purposes of this Act law. 6 (6) To restrain, enjoin, or otherwise prevent the violation of this law or of any 7 resolution, rule, or regulation adopted pursuant to the powers granted by this Act law 8 or by general law. 9 (7) To join with any other districts, cities, towns, counties, or other political 10 subdivisions, public agencies or authorities in the exercise of common powers. 11 (8) To contract with other private or public entities or persons to provide or 12 receive a water supply or for sewage disposal, collection or treatment or to operate the 13 water or sewer system of such entity or person. 14 (9) To prescribe methods of pretreatment of industrial wastes not amenable to 15 treatment with domestic sewage before accepting such wastes for treatment and to 16 refuse to accept such industrial wastes when not sufficiently pretreated as may be 17 prescribed, and by proper ordinance or resolution to prescribe pen~ties for the refusal 18 of any person or corporation to so pretreat such industrial wastes. 19 (10) To require and enforce the use of its facilities whenever and wherever they 20 are accessible, and to require and enforce the installation and dedication to the District 21 of water and/or sewer facilities and easements as a condition precedent to the provision 22 of service by the District or by another entity authorized by the District to provide 23 interim service until District facilities are available. 13 Words underlined are added; words.., ''* .... ..,.,.~ *~', .... ..... .,~,,~' are deleted. 1 (11) To sell or otherwise dispose of the effluent, sludge, or other by-products as a 2 result of sewage treatment. 3 (12) To accomplish construction by awarding, letting, or entering into contracts for 4 all or any part or parts of the construction of the system in accordance with the Collier o-~ ~: .... ~--~ and any successor or 5 County Purchasing Ordinance No. ,,, .--, ~ 6 ~ ordinance, and the Collier County Purchasing Policy Resolution ~ 7 ~, and any successor ~ resolutions. 8 (1_3) To construct and operate connecting, intercepting, or outlet sewers and sewer 9 mains and pipes and water mains, conduits or pipe lines, in, along or under any streets, 10 alleys, highways, or other public places or ways regulated by or under the jurisdiction of 11 the state or the county or any municipality or political subdivision when necessary or 12 convenient for the purposes of the District. 13 (~[4) Subject to such provisions and restrictions as may be set forth in the 14 resolution authorizing or securing any bonds or other obligations issued under the I .... with the government of the United 15 provisions of this Act to enter into contracts 16 States or any agency or instrumentality thereof, with the State or any aqency or. 17 instrumentality thereof, or with any county, municipality, district, authority or political subdivision, private corporation, partnership, association or individual, or any 19 combination(s/ thereof,, providing for or relating to the treatment, collection, and 20 disposal of sewage, or the treatment, supply, and distribution of water and any other 21 matters relevant thereto or otherwise necessary to effect the purpose of this Act ~a';;, 22 and to receive and accept from any federal or state agency, grants or loans for or in aid 23 of the planning, construction, reconstruction or financing of improvements, additions or Words .underlined are added; words ~ are deleted. 0 C /~. Section Z fo. Adoption of rates, fees, and other charges. 1 extensions to the system and to receive and accept aid or contributions or loans from 2 any other source of either money, property, labor or other things of value, to be held, 3 used and applied only for the purpose for which such grants, contributions, or loans 4 may be made. 5 (15) To enter into interlocal agreements with any municipality, county, district, 6 authority, or political subdivision for any corporate purpose of the District, including, but 7 not limited to, borrowing money for construction of improvements, additions, and 8 extensions to the system. 9 (16) To assume ownership, operation, and control of any county, municipality, 10 district, or authority owned water or and sewer system, or both, including the 11 assumption of the financial liabilities associated with such water o_Er and sewer system. 12 or both. 13 (17) To divide the system into separate subsystems or subdistricts for purposes of 14 setting rates, accounting, or financing improvements or additions thereto or deletions 15 therefrom. 16 (18) To appoint advisory, administrative or operational boards and committees to 17 assist the Board in the exercise and performance of the powers and duties provided in 18 this Act or otherwise by law. The Board may delegate any or all of its powers and 19 duties to such boards and committees. 20 (19) To do all acts and things necessary or convenient for the conduct of its 21 business and the general welfare of the District in order to carry out the powers and 22 duties provided in this Act or then provided in any other law applicable to counties. 23 15 Words underlined are added; words ~ .... "~' ..... ~' ............. ~.. are deleted. io c, t' 2 2 200 ' 1 (1) The board shall adopt the schedule of rates, fees, or other charges for the use 2 of and the services and facilities to be furnished by the water system or sewer system 3 to be paid by the owner, tenant, or occupant of each lot or parcel of land which may be 4 connected with or used by such systems. The now existinq in~ti~,l schedule of such 5 rates, fees, and other charges shall be those already in effect in the District and any 6 subdistricts as of the effective date of this Act. The Board may thereafter revise the 7 schedule of rates, fees, and charges from time to time. However, such rates, fees, and 8 charges shall be so adopted and revised so as to provide monies mono. ys, which, with 9 other funds available for such purposes, shall be sufficient at all times to pay the 10 expenses of operating and maintaining the system, including reserves for such 11 purposes, the principal of and interest on revenue bonds or assessment bonds, or any 12 combination thereof, as the same shall become due and reserves therefore, and to 13 provide a margin of safety over and above the total amount of any such payments, and 14 to comply fully with any covenants contained in the resolution authorizing the issuance 15 of any bonds or other obligations of the District. The District shall charge and collect 16 such rates, fees, and charges so adopted or revised, and such rates, fees, and charges 17 shall not be subject to the supervision or regulation by any other commission, board, 18 bureau, agency, or other political subdivision or agency of the county or state. 19 (2) Such rates, fees, and charges shall be just and equitable and uniform for users 20 of the same class and where appropriate may be based or computed either upon the 21 quantity of water consumed or upon the number and size of sewer connections or upon 22 the number and kind of plumbing fixtures in use in the premises, or upon the number 23 or average number of persons residing or working in or otherwise using or pccupyincj 16 Words underlined are added; words .... "*~' ..... st ........... ~h are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 such premises, or by equivalent residential units, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors as may be determined by the Board on any other equitable basis. (3) No rates, fees, or charges, including impact fees, shall be adopted or revised under the foregoing provisions of this section until after a public hearing at which all thc users of the system affected thereby, or owners, tenants, or occupants served or to be served thereby and all others interested shall concerning the proposed rates, fees, and charges. have an opportunity to be heard Notice of such public hearing setting forth the proposed schedule or. schedules of rates, fees, and charges shall be given by one publication in a newspaper published ~nd drc',~l~tln~ in Collier County at least 10 days before the date fixed in such notice for the hearing, which may be adjourned from time to time. After such hearing such schedule or schedules, either as initially adopted, or as modified or amended, may be finally adopted. (4) A copy of the schedule or schedules of such rates, fees, or charges ~ --~'---~'--~ shall be kept on file in the office of the District Clerk and shall be open at all times to the public for inspection. The rates, fees, or charges so adopted for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any hearing or notice. Any change or revision of such rates, fees, or charges may be made in the same manner as such rates, fees, or charges were originally established as hereinabove provided, except that if such changes or revisions be made substantially pro rata as to all classes of service no hearing or notice shall be required. Section 8 _;z. Bonds. 17 Words underlined are added; words struck *~' ..... ~' ...... ~,, are deleted. 1 (1) The District may, from time to time, issue bonds to pay the costs and expenses, 2 other than operating expenses, incurred in carrying out the purposes of this Act or to 3 refund and/or refinance revenue bonds of the District issued pursuant to this Act. in 4 anticipation of the sale of such bonds, the District may issue bond anticipation notes 5 and/or commercial paper or similar obligations, and may renew the same from time to 6 time. Such notes and/or obligations may be paid from the revenues derived by the 7 District from the proceeds of the sale of the bonds of the District in anticipation of 8 which they were issued. The notes and/or obligations shall be issued in the same 9 manner as the bonds. Bonds and notes shall be, and shall be deemed to be, for all 10 purposes, ne able instruments.,_ ~,~j .......y ......p,o,,s,o u, ........ ~,~,,,~ 12 (2) The bonds may be issued as serial bonds or as term bonds; or the District, in 13 its discretion, may issue bonds of both types. The District may issue capital 14 appreciation bonds or variable rate bonds. The bonds shall be authorized by resolution 15 of the Board and shall bear such date or dates; mature at such time or times, not 16 exceeding 40 thirty (30) years from their respective dates; bear interest at such rate or 17 rates; be payable at such time or times; be in such denomination; be in such form; 18 carry such registration privileges; be executed in such manner; be payable from such 19 sources and in such medium of payment and at such place or places; and be subject to 20 such terms of redemption, including redemption prior to maturity, as such resolution or 21 resolutions may provide. If any officer whose signature, or a facsimile of whose 22 signature, appears on any bonds or coupons ceases to be such officer before the 23 delivery date of such bonds, such signature or facsimile shall nevertheless bi~-~a~c]'and 18 Words underlined are added; words '+ .... "*~' ..... ~' ............. ~,, are deleted. 1 2 3 4 5 6 7 8 9 10 11 ---12 13 14 15 16 17 18 19 20 21 22 sufficient for all purposes as if he had remained in office until the delivery. The bonds or notes may be sold at public or private sale for such price or prices as the Board shall determine. Pending preparation of the definitive bonds, the District may issue interim receipts or certificates which shall be exchanged for such definitive bonds. The bonds may be secured by such form of credit enhancement, if any, as the Board deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. (3) The bonds may be validated, at the discretion of the Board, pursuant to Chapter 75, Florida Statutes. Section 75.04(2), Florida Statutes, shall not apply to bonds validated pursuant to Chapter 75, Florida Statutes. Section 9 8. Trust funds; trustees. The proceeds of all bonds or other obligations issued under this Act, or otherwise pursuant to law. and all revenues derived from the operation of the system for the payment of all or part of the cost of which any bonds or other obligations authorized ~'.., this Act la;'; have been issued shall be and constitute trust funds, and shall be use: and applied only in accordance with the proceedings authorizing the issuance of any bonds, or other obligations issued pursuant to this Act and the District may appoint trustees, within or without the state, under trust agreements or indentures to hold and administer the proceeds of ar~/ such bonds or other obligations or any such revenues. The District ~ay provide that the moneys or the funds and accounts established by the proceedings authorizing the issuance of any revenue bonds shall be subject to the lien of the pledge established by the proceedings without any physical delivery thereof and the lien of the pledge shall be valid and binding as against all parties bringing claims of any kind in tort, contract, or otherwise against the District. , Words underlined are added; words ~r',;ck ...... uh are deleted. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section I__Q 9. Covenants of the District Board with bondholders. In addition to the other provisions and requirements of this Act .... , any resolution authorizing the issuance of bonds or any other obligations issued hereunder may contain provisions and the District Board is authorized to provide and may covenant and agree with the several holders of such bonds or other obligations as to: (1) Reasonable deposits with the District in advance to ensure the payment of rates, fees, or charges for the facilities of the system. (2) The discontinuance of the services and facilities of the system, or both, for delinquent payments for either water services or sewer services, and the terms and conditions of the restoration of such service. (3) Limitations on the powers of the District to construct, acquire or operate, or permit the construction, acquisition, or operation of any plants, structures, facilities, or properties which may compete or tend to compete with the system. (4) The manner and method of paying service charges and fees and the levying of penalties for delinquent payments. (5) Subject to this Act.,~,,,' .... the manner and order' of priority of the disposition of revenues or redemption of any bonds or other obligations. (6) Terms and conditions for modification or amendment of the resolution authorizing the issuance of bonds or other obligations. (7) Provisions for and limitations on the appointment of a trustee for bondholders for the system. 2o Words underlined are added; words -* .... "*~ ..... ~ ............. ~,, are deleted. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 (8) Provisions as to the appointment of a receiver of the system on default of principal or interest on any such bonds or other obligations or the breach of any covenant or condition of the resolution authorizing such bonds or other obligations. (9) Provisions as to the execution and entering into of trust agreements regarding the holding and disposition of revenues derived from the system or bonds. (10) Provisions as to the maintenance of the system and reasonable insurance thereof. (i:L) Any other matters necessary to secure the bonds and the payment of the principal and interest thereof. All such provisions of the resolution shall constitute valid and legally binding contracts between the District and several holders of any such bonds and shall be enforceable by any such holder or holders by mandamus or other suit or proceeding in law of equity in any court of competent appropriate action, jurisdiction. Section t 1 Unpaid fees to constitute lien. In the event that the fees, rates, or charges for the services and facilities of the system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. ]:n the event that any such service charge shall not be paid as and when due and shall be in default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foredo~.d.0r 21 Words underlined are added; words '~ .... "+~ ..... ~' ............. ~,, are deleted. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 otherwise enforced by the District by action or suite in equity as for the foreclosure of a mortgage on real property. Section 12 11. Publication of notice of issuance of bonds. Prior to the issuance of bonds or other obligations, the Board ,,may, in its discretion, may publish a notice at least once in a newspaper published ~"~ ~' .... '~'~ u, ,~, ........... ~ in Collier County stating the date of adoption of the resolution authorizing such obligations, and the amount, maximum rate of interest and maturity of such obligations and the purpose in general terms for which such obligations are to be issued, and further stating that any action contesting the bonds, proceedings authorizing the issuance thereof, or of any covenants relating thereto, must be instituted within 20 days after the first l~ublication of such notice, or the validity of such obligations or proceedings or covenants shall not be thereafter b_e_e questioned in any court whatsoever. ]:f no such action or proceeding is so instituted within such 20-day period then the validity of such obligations, proceedings, and covenants shall be conclusive, and all persons or parties whatsoever shall be forever barred from questioning the validity of such obligations, proceedings, or covenants in any court whatsoever. Section 13 -i-2. Bonds; qualities of negotiable instruments; rights of holders. All bonds issued hereunder shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers for value. No proceedings in respect to the issuance of such bonds shall be necessary except such as are required by this Act. The provisions of this Act shall constitute an irrevocable contract between the District and the holders of any such bonds or coupons thereof issued pursuant to the provisions hereof. 22 Words underlined are added; words s*a~c-I,~r~ are deleted. 1 3 4 5 6 7 8 9 10 11 13 lq 15 16 17 18 19 20 21 22 3 such bonds may either at law or in equity, by suit, action or mandamus, enforce and compel the performance of the duties required by this Act or by general law, or of any of the officers or persons herein mentioned in relation to said bonds, or the levy, assessment, collection, and enforcement and application of the revenues, assessments, or other funds pledged for the payment of the principal and interest thereof. Section 1_~_4 -1~. Annual reports of the District Board. The District Board shall cause to be made at least once each year a comprehensive report of its system, including all matters relating to rates, revenues, expenses of maintenance, repair, and operation and renewals and capital replacements, principal, and interest requirements and the status of all funds and accounts. Copies of such report shall be filed with the District Clerk and shall be open to public inspection. This report will be known as the annual audit report and shall be issued by a certified public accountant appointed by the Board. The annual audit report may be included as part of Collier County's comprehensive annual report or may be issued separately. 15. 14. District bonds as securities for public bodies. Section pursuant to municipal, this Act shall be and constitute legal investments and all other public funds and for banks, savings All bonds issued for state, county, banks, insurance companies, executors, administrators, trustees, and all other fiduciaries and shall also be and constitute securities eligible as collateral security for all state, county, municipal, or other public funds, subject to the restrictions and limitations of chapters 18, 136, ~'~'~ 518, 655, 657, 658, 660, *~' ..... ~' ,_.~,, .... ,,,,~.. 663.665 and 687, Florida Statutes. 23 Words underlined are added; words ~* .... "*~ ..... ~ ............. ~,, are deleted. 2002 7 ~-~...~., =~ ,-,~.:~ c~.~..~..~ All contracts of the District awarded, let, or entered into 8 shall be in accordance with the Collier County Purchasing Ordinance .......... , or ~,,~ any successor ordinance, and the Collier County Purchasing Policy 10 Resolution '~'"' n~ ~ ...... .~^~ ~.~ ol ( ,,,,..,., .,_,.,, ,~ ,, ......... , or ,,~ any successor or superceding res ution s 11 Section 17. Special assessments. The Board may provide for the levy, collection 12 and enforcement of special assessments utilizing any of the following methods and 13 procedures or any combination thereof: n~- n ,,~ r-~-,,~,,, .,~ .......... ~,,.. I.,.,, Chapter 170, Chapter 14 173, or section 197.363_2, Florida Statutes; or the Board may adopt its own method of 15 procedures for the levy, collection, and enforcement of special assessments upon 16 compliance with the notice and hearing requirements set forth for the adoption of rates, 17 fees, and other charges. The Board may contract with the Collier County Tax Collector, 18 Property Appraiser, and/or District Clerk to collect such special assessments as may be 19 levied by the District. 20 Section 18. Free water and sewer services prohibited. No free water or sewer 21 services shall be rendered by the District and no discrimination shall exist in the fees, 22 23 rates, and charges for users of the same class. Section 19, Impact Fees. c...~... ~, .... , ..... . ,-~. ..... 24 Words underlined are added; words "~ .... "*~' ..... ~ ............. ~,, are deleted. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 (1) The District by this Act... is ,~-,-~.,,~.,,.~,~ empowered to levy and collect water impact. feesoyr .-~----- ...... , ...... ~,-~ .~ .... , .....~ and/or sewer impact fees char,Scs, for capital improvements and debt service on such capital improvements in the same manner and to the same extent as non-charter counties and/or as may be. provided by law. as ........ ~,, ..¢ ~.. ~,-,, .... ; ..... -~;~; .... The District is empowered by this Act to levy and col ect water and/or sewer impact fees only within the then existing geographic boundaries of the District. \ A~ E~. If the building, structure or land use on the property for which impact fees y ......,~ ..... ~, .......... ~,~ ,,~ have been paid is not authorized to connect to the District's systems within ten £10) years of the date of such payment, the 25 Words underlined are added; words "* .... "*k ..... k ............. ~,, are deleted. O C t 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 owner holding legal title at the end of the lO-year period shall be eligible for a refund of the impact fees .... ~"~"" .... ' ..... ~ ~' ~y~,,.,,, ,~ ..... ~, ............ ~,. without interest. The District shall noti~ the property owner of his eligibility for a refund by mailing notice to the property owner. Such notice may shall be sent by certified or registered mail with return receipt requested. Any property owner eligible for a refund shall file written application with the __Board for a refund within 90 days of the date of mailing of the notice by the District or such property owner shall be deemed to have waived any right to a refund, and the District shall be entitled to retain and apply the impact fees .... for ~ water and/or sewer capital improvements, as appropriate. Failure to construct the building or structure, or use the land for which impact fees , .....~, ............ ~ ...... have been paid shall not-constitute grounds for a refund, nor shall delay or failure to receive the mailed notice of eligibility for a refund toll the 90- day time limit within which an application for refund must be filed. thc .... h .M ..... ~-I.,,.,,-;-,;,..,,-, ~-I.,,-, ;.-,-.."~nr,-,,~,,"~c I~,,-,-I .... +AX, ,-,I-,I;,-,.-,+; .... ,c ~-I..,,-, I~;,-~-,i,--+ +'Air ; ,.-~-,..,,--,,.,,-, 1:.-,~-;I;I-;,-.,- .~.. ; t:.~,,..;I;~-;~ ,-I;,-.~-rlh,..+1,-,,..~ Il,-,,-,,-. .-..-~,.1 ~.,,.~ .-~, ,1~1;,.-- ~-.l~l;~.-.l-;.-..-,.- ;~--, ,^-I ~-.-. ~,,,-,....-. -.,.... .-, ,.-~, .--.--;~-.I ;.-...--..., .'"'~'"'"~'.' r'-.,.-;~---I 26 Words u.dedined are added; words ~' .... ""' ..... ............. ~.. are deleted. 1 2 3 5 6 7 8 9 10 11 -12 13 15 16 17 18 19 20 21 22 23 (2) ~ Water impact fees r,,~^~, ,~ .... , .....~ ~, ~y~,,.,,, ,~ .... ~,~ .......... u,~,.~ and sewer impact fees oy ............ ~ .......... ~,~ ..... ~,, should be reviewed at least eve~ three (3) years a- ....'~y by the Board to determine that the impa~ fees ~ ,,,,~, ~,,~,~ are equitable and propo~ionate to the current estimate of costs for providing the capital improvements for which the impact fees ~ ..... , ....... ~ .... ~ are imposed. The applicable ~ schedule of impact fees ~ '-~ ..... ~ ....... ~,,~, ~. shall be those already in effect in the District and any subdistri~s as of the effe~ive date of this consolidatinq Act. The Board may therea~er change or revise the schedule of impa~ fees .... ~ ~ .... ~ ..... ~ upon compliance with the notice and hearing requiremen~ set foRh for the adoption of and othe cha ges ...... ~ ~ ~f .... ~ '~ ........ ;; rates, fees, r r ~ , .... ~ ....... ~ .......,,~ .... rc~,s,ons . ....... (3) ~ The Board, in its discretion, by ordinance may permit the owners of buildings, stru~ures or land uses which conne~ to the Distri~'s system to pay the impa~ fees~,,, ~ '~ ~"~'~~~ .... ~,,,~,,~ ~,~'~,~, ~ on an installment basis with intere~:-~'~e ' 27 Words underlined are added; words '* .... "*~ ..... ~' ............. ~,, are deleted. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 event that the impact fees systcm ~ .... ' ..... ~ ~" ...... v .......... ~.~,.~ shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel of property affected thereby. Such liens shall be superior and paramount to the interest on such parcel of property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such county taxes. In the event that any impact fees .... ~' .... ~-' -~ .... ' ..... ~ ~ .... shall not be paid as and when due afld shall be in default for thirty £30)_days or more the unpaid balance t~he. reof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as for the foreclosure of a mortgage on property. (4) ~ Impact fees .... ~"'"' '~ .... ' ..... ~ "~' oy.,, ....... ,.,,,~,,,,. ...... ,,, ~,.~ may be pledged to the payment of bonds or other obligations of the District, provided that the District has agreed in the resolution authorizing such bonds or other obligations that it maintain net revenues, together with special assessment proceeds and other revenues derived by the District, exclusive of impact fees .... *~'" ~ ....' .....* "~ .,y ........... ,,~ ............ ~,.,, equal to at least 100 percent of the debt service on such bonds or obligations. (5) (-7-) Nothing in this Act shall be construed to invalidate water and sewer impact fees.,~,,.,,,~"'" ,,,..,.,,,~,,,,,.,,, '~ .... ' ..... ~ ,., ,,, ~,.~-~ ..... previously levied and collected and pledged by the Board of County Commissioners of Collier County under its preexisting implied authority to levy and collect and pledge such charges on the effective date of this consolidating r..,fl~,-,~ -...,~ ,.,.,..,~,.,.,,-,,.~ -- 28 Wc, rds underlined are added; words struck '-" ...... ~,, are deleted. 1 2 3 4 5 6 7 8 9 10 11 J-t2 13 14 15 16 17 18 19 20 21 22 '.3 Section 20. Conveyance of property without consideration. Any municipality, political subdivision, district, or authority shall be authorized to sell, lease, grant, or convey any real or personal property to the District and any such sale, grant, lease, or conveyance may be made without forma~ consideration. Section 21. District approval of construction of water and sewage facilities. No sewage disposal plant or other facilities for the collection or treatment of sewage or any water treatment plant or other facilities for the supply or distribution of water, shall be constructed within the boundaries of the District unless the District Board shall give its written consent thereto and approve the plans and specifications therefore; subject, however, to the terms and provisions of any resolution authorizing any bonds and agreements with bondholders. Section 22. Construction of law. (1) The provisions of this ACt shall be liberally construed to affect its purposes and shall be deemed cumulative, supplemental, and alternative authority for the exercise of the powers provided herein. The exercise of the powers provided in this ACt law and the issuance of bonds or other obligations hereunder shall not be subject to the limitations or provisions of any other law or laws, including Part H of Chapter 152, Florida Statutes, except [is to the extent expressly provided herein. !n the event of any conflict between this Act and any other applicable law or laws providing cumulative, supplemental and/or alternative authority to counties and/or such Dist~ic~~ ~0t~he 29 Words underlined are added; words ~ .... "~' ..... ~ ............. ~,, are deleted. exercise of the powers provided herein, the least restrictive in favor of the District's 2 powers shall apply. 3 (2) Nothing contained in this Act shall be construed to affect any actions taken or 4 any contracts previously entered into by the Board of County Commissioners of Collier 5 County for the provisions of water and/or sewer services within the boundaries of 6 Collier County. Nothing herein shall be construed to conflict with the jurisdiction of the 7 Florida Public Service Commission as then provided in Chapter 367, Florida Statutes. 8 (3) l~f any section, sentence, clause, phrase, or word of this Act is for any reason 9 held or declared to be unconstitutional, inoperative, or void, such holding or invalidity 10 shall not affect the remaining portions of this Act, and it shall be construed to have been the legislative intent to pass this Act without such unconstitutional, invalid, or 12 inoperative part therein; and the remainder of this Act, after exclusion of such part or 13 parts, shall be deemed and held to be valid as if such parts had not been included 14 herein. 15 Section 23. Penalties and enforcement. Penalties for a violation of any provision 16 of this Act or any of the ordinances, rules, regulations, or resolutions adopted pursuant 17 to the authority of this Act or otherwise shall be as then provided for the violation of 18 county ordinances. In addition, the District may seek enforcement of this Act and/or 19 damages, plus costs and attorney's fees, for a violation of this Act, or a violation of any 20 of the ordinances, rules, regulations, or resolutions adopted pursuant to the authority of 21 this ACt or otherwise, in any court of competent jurisdiction as then authorized by 22 general law. 3O Words underlined are added; words str~;ck ~ ..... ~' ...... ~,, are deleted. 1 Section 24. The followinq Special Acts are repealed and superseded by this Act. 2 Chapters 73-437, 78-489, 88-499, 89-452 and 96-451, Laws of Florida, all relating to 3 the Collier County Water-Sewer District; and providing for the repeal of Chapters 74- 4 462, 77-531, 78-492, 80-484 and 82-280, Laws of Florida, all relating to the (defunct 5 since 1991) Pelican Bay :Improvement District. 6 Section 25. This Act shall take effect upon becoming a law. 7 31 Words underlined are added; words ~' .... "*~ ..... ~' ............. ~,, are deleted. 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26 27 29 30 31 32 33 3~ 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 RESOLUTION NO. 2002- A RESOLUTION TO APPROVE PRESENTATION TO THE COUNTY'S LEGISLATIVE DELEGATION A SPECIAL ACT CODIFYING INTO THE PROPOSED SPECIAL ACT FIVE SPECIAL ACTS RELATED TO THE COLLIER COUNTY WATER- SEWER DISTRICT AND FIVE SPECTAL ACTS RELATED TO THE PELICAN BAY IMPROVEMENT DISTRICT. WHEREAS, Section 189.429, F/or/da Statutes, requires codification (consolidation) of all Special Acts that apply to existing Special Districts if there are two or more Special Acts in existence related to the respective Special District; and WHEREAS, the Collier County Water-Sewer District was initially adopted by Chapter 73-437, Laws ofF/or/da, and affirmed by Chapter 78-489, Laws ofF/or/da; and WHEREAS, Chapter 88-499, Laws of F/orida, as amended by Chapters 89-452 and 96-451, Laws of F/orida, superceded Chapters 73-437 and 78-489, Laws of Flor~da; and WHEREAS, these Special Acts related to the Collier Count,/ Water-Sewer District must be codified (consolidated) into a single Special Act; and WHEREAS, in accordance with Section 189.429, F/or/da Statutes, staff has prepared a proposed Special Act that consolidates into one Special Act the Collier County Water- Sewer District for presentation to the State Legislative Delegation to accomplish the required consolidation; and WHEREAS, this proposed Special Act also repeals Chapters 74-462, 77-531, 78- 492, 80-484 and 82-280, Laws o£F/or/da, all related to the now defunct Pelican Bay Improvement District. The Pelican Bay Improvement District was dissolved in 1991, but its Special Acts have not been repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COYlHISS[ONERS OF COLL[ER COUNTY, FLOR[DA, that the Board hereby approves for presentation of this proposed Special Act to consolidate, recreate and codify the Collier County Water-Sewer District, to the State of Florida Legislative Delegation, and directs staff to present this proposed Special Act to the State of Florida Legislative Delegation for consideration, approval, and forwarding to the Legislature for the enactment into law during the upcoming Legislative Session. This Resolution adopted after motion, second and majority vote. DATED: A~E~: DWIGHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney By: .lAMES N. COLE1-FA, Chairman