Backup Documents 02/10/1998 RBCC REGULAR MEETING OF
FEBRUARY 10, ~998
February 10, 1998
NOTICE:
o
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 10, 1998
9:00 a.m.
ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPF2tKERS MUST REGISTER WITH THE COUNTY
ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO
BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
~IIS AGENDA MUST BE SUBMIT~I~ED IN WRITING WITH EXPLANATION
TO ~ COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE
OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON ~IO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
N~iED A RECORD OF T}fE PROCF. k~DINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
PROC~.7~DINGS IS MADE, WHICH RECORD INCLUDES TftE TESTIMONY AND
EVIDf2gCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERF~ PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FORADDITIONAL TIME IS GRANTED BY
ASSISTED LISTENING DEVICES FOR THE }fEARING IMPAIRED ARE
AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS I-~CHEDULED FOR 12: 00 NOON TO 1: 00 P.M.
INVOCATION - Father Joseph Spinelli - St. Elizabeth Seton
Catholic Parish
PLEDGE OF ;~LLEGIANCE
APPROVAL OF AGENDA AS~ ~ONSENTAGENDA
Approved and/or Adopted with Changes - 5/0
APPROVAL OF
Approved as Presented - 5/0
A. January 15, 1998 - Emergency Meeting.
B. January 20, 1998 - Regular Meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLD~4ATIONS
Page 1
February 10, 1998
1) Proclamation proclaiming the week of February 9 - 14, 1998
as Collier Harvest Week. To be accepted by Bert Paradis
and John Raker, Trustees of Collier Harvest.
Adopted 5/0
B. SERVICE AWARDS
Presented
Co
1) Carol A. Somers - Library - 10 years
PRESENTATIONS
1) Recommendation to recognize Debrah Preston, Senior Planner
with the Planning Services Department, Community
Development and Environmental Services Division as
Employee of the Month for February 1998.
Presented
2)
Presentation to Collier County Government Employees on
behalf of the United Way of Collier County in appreciation
of leadership and support of the United Way of Collier
County Campaign 1997.
Presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
8. COU1TI"f AJi~Mlq~ISTRATOR'S REPORT
A. COMMTJNITY DEVELOPM]KNT & ENVIRONMENTAL SERVICER
B. PUBLIC WORKS
Withdrawn:
1) Adopt a Resolution authorizing the acquisition by gift,
purchase or condemnation of Fee Simple Title interests
and/or perpetual, non-exclusive, road right-of-way,
sidewalk, utility, drainage, maintenance and temporary
construction in~-erests by easement for the construction of
the four-ianin~' improvements for Immokalee Road (C.R.
846) Project between 1-75 and C.R. 951 CIE No. 08.
C. PUBLIC SERVICES
D. SUPPORT SER~IICES
Selection of the Newspaper for the Advertising of
Delinquent Real Estate and Personal Property Taxes
(Continued from February 3, 1998).
Page 2
February 10, 1998
Competitive Bid Process Waived; Bid Awarded to Tuff
Publication as recommended by staff - 5/0
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
Appointment of members to the Citizens Advisory Task Force.
Res. 98-34 re-appointing Vanessa Fitz and appointing Darlene
Koontz - Adopted 5/0
Appointment of members to the Pelican Bay MSTBU Advisory
Cor~ittee.
Res. 98-35 reappointing Glenn Harrell, and appointing David
A. RoelliG, James Ao Carroll, Maureen McCarthy and Cornelia
Kriegh - Adopted 5/0
Co
Appointment of members to the Collier County Code Enforcement
Board.
Res. 98-36 appointing Clifford Wesley Flegal, Jr. and Dyrel
Delaney to serve as regular m~mhers and Roberta Dusek to
serve as alternate - Adopted 5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMRDIATELY FOLLOWTNG STAFF ITEMS
12. ADVERTISF3D PUBLIC H/'IARINGS - BCC
A. COMPRI~IENS IVE PLAN
B. ZONING AM~2gIA~qTS
1)
Petition PUD.-97-!2, William L. Hoover of Hoover Planning
Shoppe represen~ing Frank Clesen and Sons, Inc.,
requesting a rezone from "E" Estates to "PUD" Planned Unit
Development for property located in the northwest quadrant
of the Pine Ridge Road (CR 896) and 1-75 Interchange
Activity Center located on Tract 92, Golden Gate Estates,
Unit 35, Sec. 7, T49S, R26E, consisting of approximately
4.33 acres.
Ord. 98-10 Adopted w/changes - 5/0
Page 3
February 10, 1998
i) Approval of an Ordinance amending Ordinance No. 97-79 to
correct a scrivener's error to the Pelican Marsh PUD
document resulting from a transmittal to the Secretary of
State of a document in which certain pages were
inadvertently omitted.
Ord. 98-11 Adopted 5/0
].3. BOARD OF ZONING APPF2LLS
A. ADVERTISED PUBLIC HEARINGS
1)
Petition V-97-14, John Hobart representing First National
Bank of Naples requesting a 40 foot dimensional variance
from the yard setback requirement of fifty {50) feet for a
structure located in a PUD zoning district for property
located in Pelican Bay PUD, further described as a portion
of Parcel One, Oakmont Parkway Extension in Sec. 33, T49S,
R25E.
Res. 98-37 Adopted 5/0
2) Petition SPA-97-1, R. Bruce Anderson, Esq., representing
Daniel and Barbara Hoover, owners of the property located
at 2452 J & C Boulevard known as Teo's Restaurant,
requesting approval to share a total of 27 off-site
parking spaces located at 6401 Airport Road known as
Hadinger Carpets located approximately 260 feet from the
applicant's property.
Res. 98-38 Adopted w/ Agreement as amended 5/0
1) Request for extension of time for which an asphalt and
concrete batch plant facility may operate as a
conditionally approved use in the "A" Rural Agricultural
Zoning District for property hereinafter described in
Collier County, Florida.
Res. 98-39 Adopted - 4/1 (Commissioner Hancock opposed)
2) Request for a ~.~ond extension of Conditional Use CU-96-1
for a church in the RSF-3 Zoning District for property
described in Resolution 96-192 adopted on April 9, 1996,
pursuant to Section 2.7.4 (Conditional Use Procedures) of
the LDC.
Res. 98-40 Adopted - 5/0
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
Additional Invoices for Court Administration to be presented
on 2/17/98.
Page 4
February 10, 1998
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.
Approved and/or Adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERViCES
i) Approval of Excavation Permit No. 59.632 "Creative Homes
Excavation" located in Section 11, T48S, R27E, bounded on
the east an west by
north by 14~h Street vacant lots zoned "Estates", on the
NE, and on the south by a Collier
County canal and easement.
With Stipulations as detailed in the Executive Summary
2) Accept a quitclaim deed for Shellabarger Park in reference
to a Community Development Block Grant for infrastructure
improvements (97-DB-3K-09-21-01-N03).
3) Approval for recording the final plat of "ISland Walk
Phase One" '
With Letter of Credit, Construction & Maintenance
Agreement and Stipulations as detailed in the Executive
Summary
Bo
4) Approval of a Budget Amendment to appropriate funds to pay
for professional services in the development of the
Interim Govsrnment Services Fees Ordinance.
PUBIC WORKS
1) Approve a Cooperative Agreement with the South Florida
Water Management District for the maintenance and
operation of a replacement bridge at Valewood Drive over
the Cocohatchee Canal.
2) Execute three (3) Quit Claim Deeds, in order to re-convey
previous interests obtained by Pine Air Lakes PUD.
3) Approve Supplemental Agreement with Hole, Montes and
Associates, Inc. for Immokalee Road Improvements, Project
No. 69101; CIE 08.
In the amount of $35,900.00
Continued to 2/17/98
4) Award a Contract for Professional Engineering Services for
the South Naples Community Park RFP 97-2745 - Project
#80037.
Page 5
C. PUBLIC SERVICES
February 10, 1998
Do
1) Requesting direction to prepare an ordinance repealing
Ordinance No. 93-2 that established the Public Health
Unit Advisory Board.
Chairman to Execute Certificates of Appreciation for the
Members of the Advisory Board
2) Direct staff to draft an amended ordinance relating to
beach and water and vessel control.
SUPPORT SERVICES
1) Recommendation to Reject Proposals Received Under RFP #97-
2760
Staff to Re-Solicit the Project
E. COUNTY ADMINISTRATOR
1) Budget amendment report.
Budget Amendment 98-130
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED.
OTHER CONSTITUTIONAL OFFICERS
COUNTY A~PORNEY
AIRPORT AUTHORITY
17. ADJOURN
INQUIRIES CONCERNING ~31~GES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
Page 6
AGENDA CilANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
FEIH{UARY 10~ 1998
WITIIDRAW: ITEM 8(B)(I) - ADOPT A RESOLUTION AUTIlORIZING TIlE
ACQUISITION OF ROAD RIGItT-OF-WAY FOR THE CONSTRUCTION OF TIlE
FOUR-LANING IMPROVEMENTS FOR IMMOKALEE ROAD BETWEEN 1-75 C.R.
951 CIE No. 08. (STAFF'S REQUEST).
CONTINUE: ITEM 16(B)(4) TO 2/17/98 MEETING: AWARD A CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES FOR TIlE SOUTII NAPLES
COMMUNITY PARK RFP 97-2745 - Project//80037. (STAFF'S REQUEST)
Al'
PROCLAMATION
WHEREAS, the Board of County Commissioners recognizes the goals of Collier Harvest, a
chapter of U.S.A. llarvest, in its efforts to feed the hungry through volunteer
efforts and in kind donations from local markets, restaurants, bakeries and
caterers; and
WHEREAS, Collier County is fortunate to have numerous individuals and organizations who
give generously of their time and excess food, at no cost to the hungry of Collier
County, to support Collier Harvest; and
WHEREAS, the Board of County Commissions lendr support and encouragement to all
Collier County citizens interested in the community effort to eradicate hunger in
Collier Count.v; and
WHEREAS, the Board of County Commissioners recognizes the positive effects of its
citizen 'x participation in Collier Harvest in helping to fight hunger and
promoting community support of Collier Harvest.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the week of February 9-14, 1998 be designated as
!
COLLIER HARVEST WEEK
DONE AND ORDERED TtlIS loth Day of February, 1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RESOLUTION NO. 98-34
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO TIlE SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT CITIZENS
ADVISORY TASK FORCE.
WHEREAS, Collier County Ordinance No. 90-60 established a Small Cities Community
Development Block Grant Citizens Advisory Task Force for Collier County; and
WHEREAS, Ordinance No. 90-60 provides for the appointment of five members for two
year terms after the initial term; and
WHEREAS, there are currently two 1'2) vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested panics;
NOW, THEREFORE, BE I1 RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COkklER COUNTY, FLORIDA, that:
1. Darlene Koontz, representing the category of Business Leader, is hereby appointed to thc
Small Cities Community Development Block Grant Citizens Advisory Task Force for a term of
two (2) years, said term to expire on December 31. 1999.
2. Vanessa Fitz, representing the category of minority, is hereby reappointed to the Small
Cities Community Development Block Grant Citizens Advisory Task Force for a term of two (2)
years, said term to expire on December 31, 1999.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 1998
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~q~A~&' B. BERRY/, CHXI-RM~'K
David C. Weigel
County Attorney
10B
RESOLUTION NO. 98-35
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THE PELICAN BAY MUNICIPAL
SERVICES TAXING AND BENEFIT UNIT ADVISORY
COMMITTEE.
WHEREAS, Collier County Ordinance No. 90-111 created the Pelican Bay Municipal
Sen, ice Taxing and Benefit Unit Advisory Committee and provided that the Committee shall
consist of nine (9) members; and
WHEREAS, Collier County Ordinance No. 91-22 amended Ordinance No. 90-111,
providing that the Committee shall consist of fifteen (15) members; and
WHEREAS. the terms of five (5) members will expired creating vacancies on this
Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE II RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. David A. Roellig is hereby appointed to the Pelican Bay Municipal Service Taxing and
Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29,
2002.
2. Cornelia Kriegh is hereby appointed to the Pelican Bay Municipal Service Taxing and
Benefit Unit Advisory Committe,'- for a four (4) year term, said term expiring on January 29,
2002.
3. James A. Carroll is hereby appointed to the Pelican Bay Municipal Service Taxing and
Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29,
2002.
4. Maureen McCarthy is hereby appointed to the Pelican Bay Municipal Service Taxing and
Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29,
2002.
5. Glen D. ttarrell is hereby reappointed to the Pelican Bay Municipal Service Taxing and
Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29,
2002.
This Resolution adopted after motion, second and unanimous ,,'otc.
DATED: February I0, 1998
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
David C. Weigel 4~)
County Attorney
DCW/kn
RESOLUTION NO. 98-36
lOC
A RESOLUTION APPOINTING MEMBERS TO TIlE
COLLIER COUNTY CODE ENFORCEMENT BOARD NORTII
WHEREAS, Collier County Ordinance No. 92-80, as amended by Ordinance No. 96-78,
provides that the Collier County Code Enforcement Boards shall consist &seven members and
two alternate members; and
WHEREAS, there is currently a vacancy on the Code Enforcement Board North; and
WHEREAS, Ihe Board of County Commissioners previously provided public notice
soliciting applications from interested panics;
NOW, THEREFORE, BE [T RESOLVED BY THE BOARD OF' COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. ClifFord Wesley Flegal, Jr., is hereby appointed to the Collier County Code Enforcement
Board North for a three (3) year term, said term to expire on February 14, 2001.
2. Dyrel Delaney is hereby appointed to the Collier County Code Enforcement Board North
for a three (3) year term, said term to expire on February 14, 2001.
3. Robena (gobbie) Dusck is hereby appointed as an Alternate to the Collier County Code
Enforcement Board North for a three (3) year term, said term to expire on February 14, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 1998
ATTEST:
DWIGHT E. BP, OCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BAR"B. AR~ B', I~ERR~', ~HAXII}.~
Approved as to form and
legal sufficiency:
David C. WeigeF /_,2
County Attorney
DCW/kn
CoLlier Co~qty, Florida
I~QUEST FC~ LEGAL ADVERTISING O~ PiJ~.~C
1
To: Clerk to the 8o~r~l: Ptez~e pLKe the follceing zs a:
r ~
~ No~t L~aL ~i~t ~ Other:
(ot~l~ ~., l~ti~, etc.)
Petiti~r: (N~ i ~r~s): ~':i 11 i.;m L. Fcov,~,~iC?, For)vet Pl_.,:nin2
505~ C~llo Oriva ~'220 ~'a?ls= Fia 3~i03
(If ~re s~ce ~, ~t:~ s~?ate sh~c) ~ichac~ J · Clcs,n, ~, r~ i~ent, ~_ ]6 Florence ~ve.
Fvan~tcn? ~T, 60202-329~
Rec~ested hearir~ ~ate:
Ne~s~a~>er(s) to be used: (Co~Le:e o~('( if imp~rtznc /------/',
or Le<Jatty ?ec~ulred ~_...~)
/--"--T. Other
Petition No. PUD-.97-i2, William L. Hoover, AICP, of Hoover
PlannLr, g Shoppe and Beau Keene, P.E., of Green, Keene & Erek, Inc..
representing Franr; Ciesen & Sons, inc., requesting a rezone from "E"
Esta~.,?s r.o "PUD" ' ~ ~e known as CLesen PUD f~r co~erc:al uses, for
[)roper~y located on the north side of Pine Pidge ~.oad (C.R. ~96),
mile easC of the intersection of Pine Ridge Roa¢ (C.R. 896) and
Whippoorwill Lane, in Section 7, Township 49 South, Range 26 East,
consisting of 4.33 acres, more or less.
C~i~ ~titi~(s), if ~, I ~-~.~ ~'i~ ~te:
for ~e~t~Sl~ costs
oivisi~ te~ Date ' ~ ~ Dire
List At tachments: (1) (2} (3).
For hearinc~s before ~ or i:Z~: Initiating person to ¢omp4ete one ropy and obtain Division #ead I~:mmt before
sul3tJttjng to Ca(.zlt~. I~nmger. NOT[: !f te;ol docummT ta tre, otved, be lure t~at any nece~ry legal review, or
request for smie. IT !m~i~ c.,~ Cou~Z~, ltToe~.~, b~f~ ~d~-dttfr~ to ~_-~t~f PtenI~r. The 14liar's Office viii
distrib~e copies:
/----70rigimt to Cteft:'S Office
· ..era · Office. -etalntne · cc~w for file.
~ OF PAGES ~
(including this cover)
281
!i!I11111111111111111111111111111111111111111111111111111111111
TO:
~{S. JT]*I)TTH FI~NAg, AN
LOCATION: MAFLES DAILY' NEWS
FAX NO.:
CO~2{ENTS:
263-4864
Iili!1111111111111111111111111111111111111111111111111111111111
FROH:
ELLIE HOFFMAN -MINUTES & RECORDS b
LOCATIO~: Collier County Courthouse
FAX }fO: (813) 774-8408
PHONE'NO: (813) 774-8406
TOTClL "PGS 4
12B1
January 5, 1998
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition PUD-97-12
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
January 25, 1998, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Purchase Or'~er #800551
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 10, 1998, in
the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE ~4ENDING ORDINANCE N~4BER 91-102, THE COLLIER
COUNTY L~D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UMINCORPOP~TED AREA OF COLLIER COUNTY,
FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NU~4BER GGE01; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS CLESEN PUD FOR CO~4ERCiAL USES, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), ?;EST OF THE INTERSECTION
OF PINE RIDGE ROAD (C.R. 896) AND INTERSTATE 75, TRACT 92, GOLDEN
GATE ESTATES UNIT 35, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33 ACRES MORE OR
LESS; ~D BY PROVIDING AN EFFECTIVE DATE.
Petition PUD-97-12, William L. Hoover, AICP, of Hoover
Planning Shoppe and Beau Keene, P.E., of Green, Keene & Erek,
Inc., representing Frank Clesen & Sons, Inc., requesting a rezone
from "E' Estates to "PUD", to be kno,~ as Clesen PUD for
commercial uses.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ennure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
BOARD OF COUNTY CO~4ISSiONERS
COLLIER COUNTY, FLORIDA
£ARBARA B. BERRY, CHAi~J{N
DWIGHT E. BROCK, CLERK
/s/Ellie Hoffman,
Deputy Clerk
( SEAL )
12B1 '
January 5, 1998
Mr. William Lo Hoover, AICP
Hoover Planning Shoppe
5051 Castello Drive, #220
Naples, FL 34103
Re: Public Hearing %o Consider Petition PUD-97-12
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the ~oard of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 25, 1998.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12B1 '
January 5, 1998
Mr. William L. Hoover, AICP
Hoover Planning Shoppe
5051 Castello Drive, #220
Naples, FL 34103
Re: Public Hearing to Consider Petition PUD-97-12
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily Ne%;s on Sunday, January 25, 1998.
You are in~ited to at. tend this public hearing.
Sincerely,
Ellie Hoffman, Deputy C!crk
Enclosure
1 2B1'"
January 5, 1998
Mr. Beau Keene, P.E.
Green, Keene & Erek, Inc.
3806 Exchange Avenue
Naples, FL 34104
Re: Public Hearing ~o Consider Petition PUD-97-12
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 25, 1998.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoff:r~an, Deputy Clerk
Enclosure
12B1 ,a
January 5, 1998
Frank Clesen & Sons, Inc.
316 Florence Avenue
Evanston, IL 60202-3298
Re: Public Hearing to Consider Petition PUD-97-12
Attention: Mr. Richard J. Clesen
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 25, 1998.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
ORDINANCE NO. 98-
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 NUMBER
GGE01; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "E"
ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
CLESEN PUD FOR COMMERCIAL USES, FOR PROPERTY
LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R.
896), WEST OF THE INTERSECTION OF PINE RIDGE ROAD
(C.R. 896) AND INTERSTATE 75, TRACT 92, GOLDEN
GATE ESTATES UNIT 35, IN SECTION 7, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.33 ACRES MORE OR LESS; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe
and Beau Keene, P.E., of Green, Keene & Erek, Inc., representing
Frank Clesen & Sons, Inc., petitioned the Board of County
Commissioners to change the zoning classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 7, Township 49 South, Range 26 East,
Collier County, Florida, is changed from "E" Estates to "PUD"
Planned Unit Development in accordance with the Clesen PUD
Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map Number GGE01, as
described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
· ' t ?BI_ "
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this day of ,
1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Chairman
Approved as to Form
and Legal Sufficiency
Marjdrie M. Student
Assistant County Attorney
f/PUD-97-12 ORDINANCE/
1 2191. ' '
CLESEN PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
RICHARD J. CLESEN, PRESIDENT
FRANK CLESEN & SONS, INC.
316 FLORENCE AVENUE
EVANSTON, ILLINOIS 60202-3298
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING SHOPPE
5051 CASTELLO DRIVE, SUITE 220
NAPLES, FL 34103
BEAU KEENE, P.E.
240 AVIATION DRIVE
NAPLES, FLORIDA 34104
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
Jul,/29, 1997
December 3, 1997
EXHIBIT .A,,
12B1 '
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
COMMERCIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
PAGE.
i
ii
1
2
4
6
12
12B1
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD MASTER PLAN
CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN
SKETCH OF REAR WALL
STATEMENT OF COMPLIANCE
The development of approximately 4.33 acres of property in Collier County, as a
Planned Unit Development to be known as the Clesen PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial facilities of the Clesen PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
The subject property is within the Interstate Activity Center Land Use Designation
as identified on the Future Land Use Map, as described in the Activity Center
Subdistdct of the Urban - Commercial Distdct in the Future Land Use Element.
The Future Land Use Element permits commercial land uses in this area.
The subject property is located on the northern side of Pine Ridge Road,
approximately 1000 feet east of the intersection between Whippoorwill Lane and
Pine Ridge Road. This strategic location allows the site superior access for the
location of highway interchange land uses, as permitted by the Future Land Use
Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of land uses as
required in Objective 2 of the Future Land Use Element.
The subject project will have a shared access, with the adjacent tract to the west
and the subject parcel will provide an access easement for both properties to the
east, so that all 4 properties can utilize only a single access onto Pine Ridge
Road. Such acc, ess point is a designated access point on the Collier County
Access Management Plan, as described in Policy 4.4 of the Future Land Use
Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The project shall be !n compliance with all applicable County regulations including
the Growth Management Plan.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code as set
forth in Policy 3.1 of the Future Land Use Element.
1.1
1.2
1.3
1.4
1.5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to descdbe the existing conditions of the property proposed to be
developed under the project name of Clesen PUD.
LEGAL DESCRIPTION
The subject property being 4.33 acres, and located in Section 7, Township 49
South, and Range 26 East, is described as:
Tract 92, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of
the Public Records of Collier County, Florida.
PROPERTY OWNERSHIP_
The subject property is owned by:
Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence
Avenue, Evanston, Illinois 60202-3298.
GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the northern side of Pine Ridge Road
approximately 1,000 feet east of the intersection between Whippoorwill
Lane and Pine Ridge Road (unincorporated Collier County), FIodda.
'rhe property is currently vacant. The entire project site currently has
Estates Zoning and is proposed to be rezoned to PUD.
.PHYSICAL DESCRIPTION
The project site is loch!ed within the 1-75 canal basin as shown on the Collier
County Drainage Atlas street A-27. Runoff from the site will flow eastedy to the 1-
75 canal system. Th~, project will be designed for a storm event of 3-day
duration and 25-year return frequency as well as water quality in accordance with
the rules of South Flodda Water Management District.
2
1.6
Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an
average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per
Flood Insurance Rate Map (FIRM Panel#120067 0425 D).
The soil type of the project is shown as Oldsmar Fine Sand on the Collier County
Soil Maps. The site has been previously farmed and is classified as Fallow Crop
Land according to FLUCCS.
PROJECT DESCRIPTION
The Clesen PUD will include a mixture of commercial and office uses. The
Clesen PUD intends to establish guidelines and standards to ensure a high and
consistent level of quality for proposed features and facilities. Uniform guidelines
and standards will be created for such features and facilities as landscaping,
signage, lighting, roadway treatments, fences and buffers.
The Master Plan is illustrated graphically on Exhibit 'W', PUD Master Plan. A
Land Use Summary indicating approximate land use acreage is shown on the
plan.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Clesen Planned Unit
Development Ordinance".
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the project, as well as other project
relationships.
GENERAL
Regulations for development of the Clesen PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development
District, applicable sections and parts of the Collier County Land
Development Code and Collier'County Growth Management Plan in effect
at the time of local final development order or building permit application.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Collier County Land
Development Code shall apply.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the date of adoption of this PUD.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Clesen PUD shall become part of
the regulations which govern the manner in which the PUD site may be
developed.
Do
Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
Eo
Development Ir,~:naitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
4
2.3
2.4
2.5
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan is illustrated graphically by Exhibit "A", PuD
Master Plan.
Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by
this PUD Document. ~
Co
In addition to the various areas and specific items shown in Exhibit "A",
easements such as (utility, private, semi-public, etc.) shall be established
and/or vacated within or along the property, as may be necessary.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Exhibit "A", PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD Document, any
division of the property and the development of the land shall be in
compliance with the Subdivision Regulations and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 pdor to the
issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improveme~'~ts regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land
Development Code.
1 2B1 '"'
3.1
3.2
3.3
SECTION III
COMMERCIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for
Areas "A", "B", and "C" of the site as shown on Exhibit "A", PUD Master Plan.
GENERAL DESCRIPTION
Areas designated on the PUD Master Plan are intended to provide commercial
land uses, especially those serving travelers, and office uses. The 4.33 acre site
is located on the northern side of Pine Ridge Road approximately 1000 feet east
of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also
designated an Interstate Activity Center.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Area "A" Permitted Principal U~s and Structures:
1. Open Space.
2. Stormwater Management Areas.
B. Area "B" Permitl,~.~l Principal Uses and Structures:
1. Apparel and Accessory stores (groups 5611 - 5699).
2. Depo$i~w¥ ~.nstitutions {~oups 602~-6062 (CommercJ~ Banks,
Saving ~ Institutions, and Credit Unions)].
3. Eating Places (group 5812, sit-down restaurants only).
4. Food Stores (groups 5411 including supermarkets but not
convenience stores, 5421 - 5499 except no roadside sales).
5. General Merchandise Stores (groups 5311 - 5399).
6. Health Services (groups 8011 - 8049, 8082).
6
1 2.81 ""
Co
9.
10.
11.
12.
13.
14.
Home Furniture, Furnishings and Equipment Sores (groups 5712 -
5736).
Hotels and Motels (group 7011).
Insurance Agents, Brokers, and Services (group 6411).
Legal Services (group 8111).
Miscellaneous Retail [group 5912 (Drug
Goods), 5942 (Book Stores), 5946
Stores), 5941 (Sporting
(Camera Stores), 5992
(Florists), 5994 (Newstands), and 5995 (Optical Goods)].
Paint and Wallpaper Stores (group 5231 except glass stores).
Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only, 7215, 7217, 7219- 7261 except crematofies, 7291).
Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
15. Real Estate Agents and Managers (group 6531).
16. Travel Agencies (group 4724).
17. Video Tape Rental (group 7841).
18. Any other commercial use or professional
compatible in nature with the foregoing uses.
Area "C" Permitted Principal Uses and Structures
service which is
All Permitted Principal Uses for Area "B" as described within this
PUD Document.
Auto Supply Stores (group 5531).
Eating Places (group 5812).
Any other commercial use or professional service which is
compatible in nature with the foregoing uses.
7
3.4
Do
Ac, x~$s0ry Uses:
1.
Uses and structures that are accessory and incidental
Permitted Uses within this PUD Document.
2. Drinking Places (group 5813, only in conjunction with
Places)
°
Loud speakers and public address systems are prohibited.
DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
1 2B1 '""
to the
Eating.
B°
Co
Do
Minimum Lot Width:
Seventy-five (75) feet.
Minimum Yards:
(1) Principal structures:
(2)
(a)
(b)
(c)
(d)
(e)
Accessory Structures:
Setbacks shall be as required by
Front Yard - Twenty-five (25) feet.
Front Yard Along Livingston Woods Lane - Eighty-two and
one-half (82.5) feet.
Side Yard - Ten (10) feet.
Side Yard External to the PUD - Fifteen (15) feet.
Rear Yard - Fifteen (15) feet.
Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
However, all accessory structures shall be setback a minimum of
eighty-two (82.5) feet from Livingston Woods Lane.
Distance Between and Number of Principal Structures:
Twenty (20) feet. Principal structures shall be limited to three (3) buildings.
8
1 2B1 ""
Fo
Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
Maximum Height:
Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels
constructed to a height of three (3) stories shall not have any windows or
balconies on the upper story facing the north.
Off-Street Parking and Loading Requirements;
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space, Requirements:
A minimum of thirty (30) percent open space of the gross area for the
entire PUD, excluding the thirty (30) foot wide R.O.W. easement within
Livingston Woods Lane, shall be devoted to open space, as described in
Section 2.2.20.3.5 of the Land Development Code.
(1)
Area "A" of the PUD Master Plan shall contain a minimum of .55
acre c)f open space.
(2)
Area "B" of the PUD Master shall contain a minimum of .30 acre of
open space.
(3)
Area "C" of the PUD Master Plan shall contain a minimum of .38
acre of open space.
B¥ff~dn.q Recuirement~
(1)
A twen','y (20) foot wide Type 'D" Buffer shall be provided along
Pine Ridge Road, with the landscaping as required in Section
2.4.7.4 of the Collier County Land Development Code.
(2)
A ten (10) foot 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. If
the site is simultaneously developed, as a single project, with the
abutting property to the east or west, such buffer along this common
boundary shall not be required and shall be identified on the site
development plan for the simultaneous development.
9
1 2B1"
Jo
(3)
A twenty (20) foot wide Type "D" Buffer shall be provided along
Livingston Woods Lane, with more stringent screening than
required in Section 2.4.7.4 of the Collier County Land Development
Code. Trees shall be spaced a minimum of fifteen (15) feet on-
center and a single row of shrubs shall be spaced a minimum of
three (3) feet on.center, with both trees and shrubs located on the
northern side of an eight (8) foot tall architecturally finished opaque
masonry wail. Such wall shall have a common architectural theme
with the other buildings and signage within the PUD as described in
Section 4.8B. of this PUD Document and be installed and
maintained with a finished side out towards Livingston Wood Lane.
Such trees and shrubs shall meet the requirements of Section 2.4.4
of the Collier County Land Development Code. This buffer shall be
installed as a required improvement for the first Site Development
Plan within the subject PUD. Additionally, between the wall and
the northern boundary of Area "B", there shall be planted at least
fifteen (15) Red Maples trees, or similar species, that are at least
eight (8) feet tall.
(4)
Buffedng between Area "B" and Area 'C' of the PUD, shall be a five
(5) foot wide buffer along both sides of the paved roadway, with
trees spaced a minimum of twenty (20) foot on.center and a single
row of shrubs spaced a minimum of three (3) feet on-center. Such
trees and shrubs shall meet the requirements of Section 2.4.4 of
the Collier County Land Development Code.
(5)
Buffering between other internal parcels within Area 'B" or Area 'C"
of the PUD, shall be a five (5) foot wide buffer along each parcel to
be developed, with trees spaced a minimum of twenty (20) foot on-
center and a single row of shrubs spaced a minimum of three (3)
feet on-center. Such trees and shrubs shall meet the requirements
of Section 2.4.4 of the Collier County Land Development Code.
(6) Bufferin;a ;3etween Area "B" and Area "A' shall not be required.
(7)
Required landscaping shall be maintained, and where it dies, such
landscaping shall be replaced within ninety (90) days.
Signs
Signs shall be permitted as described in Section 2.5 of the Collier County Land
Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall
not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be
permitted but shall not exceed a maximum height of eight (8) feet. Signage shall
10
also meet the architectural standards further described in Section 4.8B. of this
PUD Document.
$¢!id Waste
Trash receptacles shall be screened on three (3) sides by a seven (7) foot high
opaque masonry wall with an opaque gate on the remaining side for access.
Such masonry wall shall also meet the architectural standards further described
in Section 4.8B. of this PUD Document.
Li~htinQ
Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding
a height of twenty (20) feet shall be permitted within Area 'C' and not exceeding
a height of twelve (12) feet shall be permitted within Area 'B". Lighting shall meet
the architectural standards further described in Section 4.8B. of this PUD
Document. Lighting shall be designed so that glare does not extend off-site onto
residential properties.
11
1 2B1
SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
PURPOSE
The purpose of this Section is to set fodh the regulations for the development of
this project.
GENERAL
Ali facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the PUD is
not to be platted. The developer, his successor and assigns shall be responsible
for the commitments outlined in this document.
The developer, his successor or assignee shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
or assignee in title shall be subject to any commitments within this agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual ia nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be vaded
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
fTom time to time.
Bo
All necessary easements, dedications, or other instruments shall be'
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
12
1 2B1_
4.4
4.5
4.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is proposed to be completed in several
phases.
Ao
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
ENGINEERING
Except as otherwise provided within this PUD Document, this project shall
be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
Bo
If the property is subdivided into three (3) or more parcels, a plat shall be
required.
Prior to Final Site Development Plan approval, the developer shall provide
survey evidence of a positive connection to the 1-75 Canal, including
culvert locations, sizes, and slopes of swales.
Do
The petitioner shall be responsible for identifying and confirming the
routing and capacity of storm water drainage outfall.
UTILITIES
Ao
Water distribution, sewage collection and transmission, and intedm water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regul~!ions.
Bo
All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's established rates.
C. This project shall be serviced with a central sewer system.
13
4.7
4.8
4.9
TRAFFIC
The internal roadway design shall prohibit traffic from the commercial zone
onto Livingston Wood Lane.
Petitioner shall provide a future cross-access to the abutting parcel to the
east or dedicate the east-west roadway as a public road, pdor to Final Site
Development Plan approval.
PLANNIN~
Ao
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if dudng
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, ali development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
Bo
All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards of
the Land Development Code. Said unified architectural theme shall
include: a similar architectural design and use of similar materials and
colors throughout all of the buildings, signs, and walls to be erected on the
site. Landscaping and streetscape materials shall also be similar in design
throughout the site. All buildings shall be pdmadly finished in light colors
except for decorative tdm. All roofs must be tile or metal and shall be
peaked. Decorative parapet walls shall be constructed above the roof
lines on fiat roofs, where tile or metal roofs are not feasible. A conceptual
design master plan shall be submitted concurrent with the first application
for Site Development Plan approval demonstrating compliance with these
standards.
ENVIRONMENTAL
Ao
An appropriate p,:~:'tion of native vegetation shall be retained on-site as
required in Secliof~ 3.9.5.5.4 of the Land Development Code.
Bo
An exotic vegetation, removal, monitoring, and maintenance (exotic free)
plan for the site shall be submitted to Current Planning environmental staff
for reveiw and approval pdor to Final Site Development Plan/construction
plan approval.
14
L~J
ONINOZ S~1¥1S]
-}
till
EXHIBIT "C"
SKETCH OF REAR WALL
/lapLes Daily
Naples, FL ~39~0
Affidavit of Publication Naples Daily News
BOARD OF COUNTY COMNZSSIONERS
ATTN: NANCY SALOGUB
PO BOX ~13016
NAPLES FL 3~101-3016
REFERENCE: 001230 800551
57628501 NOTICE OF INTENT
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serve~
as the Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, FLorida, for e period of I year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or coporation any
discount, rebate, commissicn or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: O1/25
AD SPACE: 106.000 INCH
FILED ON: 01/26/98
Signature of Affiant
Sworn to and Subscribed before me 'this t / ... day of .
Personally known by me J ~.-/~ ....
/
0110 onom s
-- NOTICE OF INTENT
TO CON.~D~R
ORDINANCE
Notice Is hes'eby given
that on TUESDAY,
Februa~ 10, 199~. h~
~, ~d F~,
mtnb~ ~11~ ~-
I~ ~ ~n~
~r, 3~1 ~f
mi Tr~l, N~te~
~~~a~
will c~m~e
~. The ~e ~ ~
f~l~
AN ORDINANCE
A~END~N~ ORDI-
NANCE NUMBER
91.102, ~ C~L~R
COUNTY LAND DE-
VELOPMENT CODE
COMPREHENSIVE
ZONING REGULA-
TIONS F~ THE UNIN-
CORPORATED AREA
~ C~L~R COUNTY~
FL~IOA BY A~E~
lNG THE OFFICIAL
ZONING A~S ~
NUMBER GGE01' BY
~ANGING THE 'Z~-
lNG CLASSIFICATION
~D REAL ~-
ERTY FROM
ESTATES TO ~"
PLANNEO UNIT
~LOP~NT K~WN
AS CLE~N ~
COMMERCIAL
FOR PR~ERTY LO-
CATED ON THE
NORTH ~ ~ ~
RI~E RO~ (~. ~96),
~ST OF THE INTER-
SECTION OF PINE
RI~ ROAD(C~. ~6}
ANO INTERSTATE 75,
TRACT 92, GOLDEN
GATE ESTATES UNIT
35, IN SECTION 7,
TOWN~ 49
RANGE 26 EAST, C~-
L~R COUNTY,
DA, CONSISTING OF
4.~ A~ES ~ORE OR
LE~' AND BY PRO~
ING 'AN EFFECTIVE
OA~.
p~ P~-I~ ~1-
~ B~ K~, P.E,
~n, K ~ & Er~,
~sfl~ a rez~ ~
me Inv~ ~ ~
c~d ~ ~
o~nlng ~er~o and
~me ~ a v~m
r~d ~ ~e ~t~
~ ~, ~h r~d I~ '
evl~e ~ ~cb ~e
~ O~ COUNTY
COLLIER COUNTY~
~OR~A
BARBARA B. BERRY,
CHAIR~N
DWIGHT E. BROCK,
IRE[-
ORDINANCE NO. 98-
12B-1
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 NUMBER
GGE01; BY CHANGING THE' ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "E"
ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
CLESEN PUD FOR COMMERCIAL USES, FOR PROPERTY
LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R.
896), WEST OF THE INTERSECTION OF PINE RIDGE ROAD
(C.R. 896) AND INTERSTATE 75, TRACT 92, GOLDEN
GATE ESTATES UNIT 35, IN SECTION 7, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.33 ACRES MORE OR LESS; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe
and Beau Keene, P.E., df Green, Keene & Erek, Inc., representing
Frank Clesen & Sons, Inc., petitioned the Board of County
Commissioners to change the zoning classification of the herein
described real property;
NOW, THEREFORE BE II ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property l~.cated in Section 7, Township 49 South, Range 26 East,
Collier County, Florida, is changed from "E" Estates to "PUD"
Planned Unit Development in accordance with the Clesen PUD
Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map Number GGE01, as
described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
12B-1
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 10th day of February ,
1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
'DCfIGH~T g. BROdff, Clerk
BY:
Approve~d as to Form
and Legal Sufficiency
Marjdrie M. Student
Assistant County Attorney
f/PUD-97-12 ORgq }~A:;C E/
1213-1
CLESEN PUD
A FLANNED UNIT DEVELOPMENT
PREPARED FOR:
RICHARD J. CLESEN, PRESIDENT
FRANK CLESEN & SONS, INC.
316 FLORENCE AVENUE
EVANSTON, ILLINOIS 60202-3298
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING SHOPPE
6051 CASTELLO DRIVE, SUITE 220
NAPLES, FL 34103
BEAU KEENE, P.E.
240 AVIATION DRIVE
NAPLES, FLORIDA 34104
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
July 29, 1997
December 3, 1997
January 15, '1998
February '10, 1998
98-10
12B-1
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
PAGE
i
ii
1
2
4
6
12
LIST OF EXHIBITS
12B-
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD MASTER PLAN
CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN
SKETCH OF REAR WALL
i28-1
STATEMENT OF COMPLIANCE
The development of approximately 4.33 acres of property in Collier County, as a
Planned Unit Development to be known as the Clesen PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial facilities of the Clesen PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
o
The subject property is within the Interstate Activity Center Land Use Designation
as identified on the Future Land Use Map, as described in the Activity Center
Subdistrict of the Urban - Commercial District in the Future Land Use Element.
The Future Land Use Element permits commercial land uses in this area.
The subject property is located on the northern side of Pine Ridge Road,
approximately 1000 feet east of the intersection between Whippoorwill Lane and
Pine Ridge Road. This strategic location allows the site superior access for the
location of highway interchange land uses, as permitted by the Future Land Use
Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of land uses as
required in Objective 2 of the Future Land Use Element.
The subject project will have a shared access, with the adjacent tract to the west
and the subject parcel will provide an access easement for both properties to the
east, so that all 4 properties can utilize only a single access onto Pine Ridge
Road. Such ac, cess point is a designated access point on the Collier County
Access Management Plan, as described in Policy 4.4 of the Future Land Use
Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The project shall be in compliance with all applicable County regulations including
the Growth Management Plan.
All final local development orders for this project are subject to Division 3.15,
Adequale Public Facilities, of the Collier County Land Development Code as set
forth in Policy 3.1 of the Future Land Use Element.
128-1
SECTION I
1.1
1.2
1.3
1.4
· 1.5
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Clesen PUD.
LEGAL DESCRIPTION
The subject property being 4.33 acres, and located in Section 7, Township 49
South, and Range 26 East, is described as:
Tract 92, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of
the Public Records of Collier County, Florida.
PROPERTY OWNERSHIP
The subject property is owned by:
Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence
Avenue, Evanston, Illinois 60202-3298.
GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located on the northern side of Pine Ridge Road
approximately 1.000 feet east of the intersection between Whippoorwill
Lane and Pine Ridge Road (unincorporated Collier County), Flodda.
Bo
The property is currently vacant. The entire project site currently has
Estates Zoning and is proposed to be rezoned to PUD.
PHYSICAL DESCRIPTION
The project site is located within the 1-75 canal basin as shown on the Collier
County Drainage Atlas sheet A-27. Runoff from the site will flow eastedy to the 1-
75 canal system. The project will be designed for a storm event of 3-day
duration and 25-year return frequency as well as water quality in accordance with
the rules of South Florida Water Management District.
2
12B-1
1.6
1.7
Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an
average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per
Flood Insurance Rate Map (FIRM Panel#120067 0425 D).
The soil type of the project is shown as Oldsmar Fine Sand on the Collier County
Soil Maps, The site has been previously farmed and is clasatfie~J sa FslkTw Crof~
PROJECT DESCRIPTION
The Clesen PUD will include a mixture of commercial and office uses. The
Clesen PUD intends to establish guidelines and standards to ensure a high and
consistent level of quality for proposed features and facilities. Uniform guidelines
and standards wiJJ bo created for ~ feature~
~ignage, r~gl'ffing, roadway treatments, fsnc~ and
The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. A
Land Use Summary indicating approximate land use acreage is shown on the
plan.
SHORT TITLE
This Ordinance shall be known and cited as the "Clesen Planned Unit
Development Ordinance".
3
12B-1
SECTION II
2.1
2.2
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the project, as well as other project
relationships.
GENERAL
Ao
Regulations for development of the Clesen PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development
District, applicable sections and parts of the Collier County Land
Development Code and Collier County Growth Management Plan in effect
at the time of local final development order or building permit application.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Collier County Land
Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the date of adoption of this PUD.
Co
All conditions imposed and graphic material presented depicting
restrictions for the development of the Clesen PUD shall become part of
the regulations which govern the manner in which the PUD site may be
developed.
Unless specifically waived through any vadance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
other'wise provided for in this PUD remain in full force and effect.
Development perm~ttud by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
4
12B-1 '
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD
Master Plan.
Bo
Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by
this PUD Document.
Co
In addition to the various areas and specific items shown in Exhibit '%",
easements such as (utility, private, semi-public, etc.) shall be established
and/or vacated within or along the property, as may be necessary.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Ao
Exhibit "A", PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD Document, any
division of the property and the development of the land shall be in
compliance with the Subdivision Regulations and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 pdor to the
issuance of a building permit or other development order.
Co
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
prcviding perpetual maintenance of common facilities.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land
Development Code.
5
3.1
3.2
3.3
12B-1
SECTION III
COMMERCIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identifY specific development standards for
Areas "A", "B", and "C" of the site as shown on Exhibit 'A", PUD Master Plan.
GENERAL DESCRIPTION
Areas designated on the PUD Master Plan are intended to provide commercial
land uses, especially those serving travelers, and office uses. The 4.33 acre site
is located on the northern side of Pine Ridge Road approximately 1000 feet east
of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also
designated an Interstate Activity Center.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Area "A" Permitted Principal Uses "and Structures:
1. Open Space.
2. Stormwater Management Areas.
B. Area "B" Permitted Principal Uses, and Structures:
1. Apparel and Accessory stores (groups 5611 - 5699).
2. Depository Institutions [groups 6021-6062 (Commercial Banks,
Savings Institutions, and Credit Unions)].
3. Eating Plao~,s (group 5812, sit-down restaurants only).
4. Food Stores (groups 5411 including supermarkets but not
convenience stores, 5421 - 5499 except no roadside sales).
5. General Merchandise Stores (groups 5311 - 5399).
6. Health Services (groups 8011 - 8049, 8082).
6
12B-
II I III
9.
10.
11.
12.
13.
14.
Home Furniture, Furnishings and Equipment Sores (groups 5712 -
5736).
Hotels and Motels (group 7011).
Insurance Agents, Brokers, and Services (group 6411).
Legal Services (group 8111).
Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting
Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992
(Florists), 5994 (Newstands), and 5995 (Optical Goods)].
Paint and Wallpaper Stores (group 5231 except glass stores).
Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only, 7215, 7217, 7219- 7261 except crematories, 7291).
Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
15. Real Estate Agents and Managers (group 6531).
16. Travel Agencies (group 4724).
17. Video Tape Rental (group 7841).
18. Any other commercial use or professional
comparable in nature with the foregoing uses.
Area "C" Permitted Principal Uses and Structures
1.
service which is
All Permitted Principal Uses for Area "B" as described within this
PUD Document.
Auto Supply ~-',ores (group 5531).
Eating Places (group 5812).
Any other commercial use or professional service which is
comparable in nature with the foregoing uses.
7
3.4
D. Accessory Use~
Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
The sale of alcoholic beverages for on-premise consumption is
permitted accessory to eating places (group 5812) as provided for
in Section 3.3. The sale of alcoholic beverages is limited to a
maximum of 30% of the gross annual receipts for such eating
places. The business owner(s) shall submit an annual report to the
Collier County Planning Director on or before Apdl 15 of each
calendar year evidencing that the revenue derived from the sale of
alcoholic beverages did not exceed 30% of the gross revenue of
said establishment for the preceding year. This report shall be
prepared by or attested to by a certified public accountant.
3. Loud speakers and public address systems are prohibited.
DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
B. Minimum Lot Width:
Seventy-five (75) feet.
C. Minimum Yards:
(1) Principal structures:
(a) Front Yard - Twenty-five (25) feet.
(b)
Front Yard Along Livingston Woods Lane - Eighty-two and
one-ha!f (82.5) feet.
(c) Side Yard - Ten (10) feet.
(d) Side Yard External to the PUD - Fifteen (15) feet.
(e) Rear Yard - Fifteen (15) feet.
(2) Accessory Structures:
Setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
1
8
12B-1"
Do
Fo
Go
Ho
However, all accessory structures shall be setback a minimum of
eighty-two (82.5) feet from Livingston Woods Lane.
Distance Between and Number of Principal Structure~:
Twenty (20) feet. Principal structures shall be limited to three (3) buildings.
Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
Maximum Hei,qht:
Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels
constructed to a height of three (3) stories shall not have any windows or
balconies on the upper story facing the north.
Off-Street Parking .and Loading Requirements;
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
,Open Spac.~ Requirements:
A minimum of thirty (30) percent open space of the gross area for the
entire PUD, excluding the thirty (30) foot wide R.O.W. easement within
Livingston Woods Lane, shall be devoted to open space, as described in
Section 2.2.20.3.5 of the Land Development Code.
(1)
Area "A" of the PUD Master Plan shall contain a minimum of .55
acre of open space.
(2)
Area "B" of the PUD Master shall contain a minimum of .30 acre of
open spas,.
(3)
Area "C" of the PUD Master Plan shall contain a minimum of .38
acre of open space.
Buffering Requirements:
(1)
A twenty (20) foot wide Type 'D" Buffer shall be provided along
Pine Ridge Road, with the landscaping as required in Section
2.4.7.4 of the Collier County Land Development Code.
9
12B-1
(2)
(3)
(4)
(5)
(6)
(7)
A ten (10) foot 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. If
the site is simultaneously developed, as a single project, with the
abutting property to the east or west, such buffer along this common
boundary shall not be required and shall be identified on the site
development plan for the simultaneous development.
A twenty (20) foot wide Type "D" Buffer shall be provided along
Livingston Woods Lane, with more stringent screening than
required in Section 2.4.7.4 of the Collier County Land Development
Code. Trees shall be spaced a minimum of fifteen (15) feet on-
center and a single row of shrubs shall be spaced a minimum of
three (3) feet on-center, with both trees and shrubs located on the
northern side of an eight (8) foot tall architecturally finished opaque
masonry wall. Such wall shall have a common architectural theme
with the other buildings and signage within the PUD as described in
Section 4.8B. of this PUD Document and be installed and
maintained with a finished side out towards Livingston Wood Lane.
Such trees and shrubs shall meet the requirements of Section 2.4.4
of the Collier County Land Development Code. This buffer shall be
installed as a required improvement for the first Site Development
Plan within the subject PUD. Additionally, between the wall and
the northern boundary of Area "B", there shall be planted at least
fifteen (15) Red Maples trees, or similar species, that are at least
eight (8) feet tall.
Buffering between Area "B" and Area "C" of the PUD, shall be a five
(5) foot wide buffer along both sides of the paved roadway, with
trees spaced a minimum of twenty (20) foot on-center and a single
row of shrubs spaced a minimum of three (3) feet on-center. Such
trees and shrubs shall meet the requirements of Section 2.4.4 of
the Collier County Land Development Code.
Buffering ~et',,,cen other internal parcels within Area "B" or Area "C"
of the PUD, shall be a five (5) foot wide buffer along each parcel to
be developed, with trees spaced a minimum of twenty (20) foot on-
center and a single row of shrubs spaced a minimum of three (3)
feet on-center. Such trees and shrubs shall meet the requirements
of Section 2.4.4 of the Collier County Land Development Code.
Buffering between Area "B" and Area "A" shall not be required.
Required landscaping shall be maintained, and where it dies, such
landscaping shall be replaced within ninety (90) days.
10
12B-1
J. .Signs
Ko
Lo
Signs shall be permitted as described in Section 2.5 of the Collier County Land
Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall
not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be
permitted but shall not exceed a maximum height of eight (8) feet. Signage shall
also meet the architectural standards further described in Section 4.8B. of this
PUD Document.
Solid Waste
Trash receptacles shall be screened on three (3) sides by a seven (7) foot high
opaque masonry wall with an opaque gate on the remaining side for access.
Such masonry wall shall also meet the architectural standards further described
in Section 4.8B. of this PUD Document.
Li~htin_~
Pole lighting shall be prohibited. Architecturally finished iampposts not exceeding
a height of twenty (20) feet shall be permitted within Area 'C" and not exceeding
a height of twelve (12) feet shall be permitted within Area 'B". Lighting shall meet
the architectural standards further described in Section 4,8B, of this PUD
Document. Lighting shall be designed so that glare does not exterM off-site onto
residential properties.
11
12B-1
SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
pURPOSE
The purpose of this Section is to set forth the regulations for the development of
this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the PUD is
not to be platted. The developer, his successor and assigns shall be responsible
for the commitments outlined in this document.
The developer, his successor or assignee shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
or assignee in title shall be subject to any commitments within this agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
Bo
All necessar.¢ eas.'-.ments, dedications, or other instruments shall be
granted to insure lhe continued operation and maintenance of all service
utilities and all common areas in the project.
12
12B-
4.4
4.5
4.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is proposed to be completed in several
phases. ~
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Bo
Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
ENGINEERING
Except as otherwise provided within this PUD Document, this project shall
be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
Bo
If the property is subdivided into three (3) or more parcels, a plat shall be
required.
Co
Prior to Final Site Development Plan approval, the developer shall provide
survey evidence of a positive connection to the 1-75 Canal, including
culvert locations, sizes, and slopes of swales.
D°
The petitioner shall be responsible for identifying and confirming the
routing and capacity of storm water drainage outfall.
UTILITIES
Water distribution, sewage collection and transmission, and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
Bo
All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's established rates.
C. This project shall be serviced with a central sewer system.
13
12 -1
4.7
4.8
4.9
TRAFFIC.
Ao
The internal roadway design shall prohibit traffic from the commercial zone
onto Livingston Wood Lane.
Bo
Petitioner shall provide a future cross-access to the abutting parcel to the
east or dedicate the east-west roadway as a public road, pdor to Final Site
Development Plan approval.
.PLANNING
A°
Bo
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, exCavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards of
the Land Development Code. Said unified architectural theme shall
include: a similar architectural design and use of similar materials and
colors throughout all of the buildings, signs, and walls to be erected on the
site. Landscaping and streetscape materials shall also be similar in design
throughout the site. All buildings shall be primarily finished in light colors
except for decorative trim. All roofs must be tile or metal and shall be
peaked. Decorative parapet walls shall be constructed above the roof
lines on fiat roofs, where tile or metal roofs are not feasible. A conceptual
design master plan shall be submitted concurrent with the first application
for Site Development Plan approval demonstrating compliance with these
standards.
.ENVIRO,NMENTAI
An appropriate portion of native vegetation shall be retained on-site as
required in Section 3.9.5.5.4 of the Land Development Code.
An exotic vegetation, removal, monitoring, and maintenance (exotic free)
plan for the site shall be submitted to Current Planning environmental staff
for review and approval prior to Final Site Development Plan/construction
plan approval.
14
IIIIIII - Illll IIIIlil I ii
hi
" 12B-1
EXHIBIT "C"
SKETCH OF REAR WALL
12B-1
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. 98-10
;~ch was adopted by the Board of County Commissioners on the
10th day of February, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of February,
1998.
DWIGHT E. BROCK ., ..
Clerk of Courts and~"Clerk
Ex-officio to Board' of .
County Commiss ione~
By: Ellie Hoffman "'? p,,if} ~ ~ ,.
Deputy Clerk "
........... I II - II ......................... IIII IIIII III III I I i ttm
APPRAISAL &
RESEARCH INC.
SUMMARY MARKET ANALYSIS FOR:
THE NORTH NAPLES COMMERCIAL MARKET
IN CONJUNCTION WITH DEVELOPMENT OF
THE CLESEN PUD
LOCATED IN THE NORTHWEST QUADRANT OF PINE RIDGE ROAD AND [-75
NORTH NAPLES, COLLIER COUNTY, FLORIDA
PREPARED FOR:
MI~. RICHARD J. CLESEN
F. CLESEN & SONS, INC.
316 FLORENCE AVENUE
EVANSTON, ILLINOIS 60202
DATE OF ANALYSIS:
JULY !, 1997
ANALYSIS ASSIGNMENT:
70701109
3785 Airport Road North
Naples., Florida 34105 ~:;
(941) 263-9337 Fax (941) 263-9388~i!i
S~Y
Subject Site:
The proposed Clesen PUD, is located in the northwest quadrant of the Pine Ridge
Road/1-75 Interchange in North Naples, Collier County, Horida. More specifically it is located
on the north side of Pine Ridge Road, approximately 1,000 feet east of the intersection between
Pine Ridge Road and Whippoorwill Lane. The site is located in Section 7, Township 49 South,
Range 26 East in unincorporated Collier County, Florida.
Legal Description: Tract 92, Golden Gate Estates Unit No. 35, according to Plat Book 7, Page
85, of the Public Records of Collier County, Florida.
Owner of Record:
Richard J. Clesen
F. Clesen & Sons, Inc.
316 Florence Ave.
Evanston, IL 60202
Conclusions:
Based On the re~;ults o~' the analyses outlined in this marketing study there is currently?
~I commercial stance within the project's trade area~ Both methodologies utilized
in this study for estimating retail demand (historical ratio analysis and market support analysis)
indicate that the trade area can absorb an additional 3 to 4 acres of retail commercial acreage per
year. For 1997, the historical ratio analysis indicated a demand for 86.68 acres of retail
commercial and the market support analysis indicated a demand for 105.98 acres of retail
commercial, with a supply of only 82.69 acres of retail commercial.
We believe development of retail commercial space in the trade area will rapidly
accelerate to catch up with demand in the trade area. Development of retail commercial land
~ ..... · I I I II IIIIIII I I IIII I II IIII I
lZB-I,
along Pine Ridge Road, west of Interstate 75, has been delayed due to the lack of public sewer.
until about 6 months ago. Development within the Sutherland PUD was not delayed due to their:
interim waste water treatment plant. Now that public sewer is available to the Pine Ridge area
west of Interstate 75, it is likely that most of the 600 acres of vacant Agricultural-Zoned land just
to the south of Pine Ridge Road will be rezoned and developed for residential homes prior to
2010. This will create additional demand for convenience commercial and highway commercial
land uses along Pine Ridge Road, west of 1-75. Development of the Cleveland Clinic Outpatient
Center and proposed hospital will additionally increase demand for retail commercial space at the
1-75fPine Ridge Road (Exit 16) Interchange. Additionally, strong residential growth in the trade
area east of Interstate 75 will continue the strong demand for retail services for residents along
this key commuting route from the suburban area of Collier County.
In our professional o_~inion, there is certainly ample demand for any retail commercial
space that the PUD Rezoning of the sub_iect pro~rty may create_
PURPOSE AND SCOPE
The purpose and scope of this market study is to determine if there is sufficient demand in
the trade area to support retail commercial land uses for the subject 4.33 acre parcel. The subjeqt
site is currently zoned "Estates" but is proposed to be rezoned via a Planned Unit Developmer~t
Rezoning (Clesen PUD) for highway commercial and convenience commercial land uses.
EFFE~YI'IVE DATE
The effective date of the market analysis is July I, 1997 which was the initial date ofthe
site inspection while the photographs were taken on August 23, 1997.
PROPERTY DESCRIPTION ,~
The subject 4.33-acre parcel is located in the northwest quadrant of the Pine Ridge
Road;Interstate 75 Interchange (see Pine Ridge Road-Interstate 75 Interstate Activity Center
Map). More specifically it is located on the north side of Pine Ridge Road about 1,000 feet east
of Whippoorwill Lane. The parcel has 330 feet of frontage along Pine Ridge and the rear of the
parcel also has frontage on Livingston Woods Lane, a residential road. The project site averages
approximately 570 feet deep. Due to the precedence of two other PUD Rezonings to the west of
the subject site, the subject property will not be permitted access onto Livingston Woods Lane.
The Collier Cotmty Access M,~.ttagement Plan shows a fight-in, right-out access onto Pine Ridge
Road about 330 feet west of the southwest corner of the subject parcel. A bisecting access
easement runs across the abutting parcel to the west and 30 foot perimeter easements nm along
the westerly 30 feet of the abutting parcel to the west and the eastern 30 feet of the second parcel
to the west. This is shown on the attached conceptual rezoning layout entitled the PUD Master
Plan. Additionally, the PUD Master Plan shows that the subject parcel has a 60 foot bisecting
easement and a 30 foot perimeter easement along the eastern property boundary. These are both
in the process of being vacated by the client's attorney and will be replaced by a new 40 foot
bisecting easement, which will provide access for the two properties located just to the east.
Essentially, this bisecting easement coerces the site planner into having an outparcel south of the
bisecting easement for land uses desiring a greater visibility and a larger parcel north of the
bisecting easement for land uses wanting a larger parcel, albeit With less visibility. The PUD
Master Plan shows a significant buffer area against the residential area to the north, some of
which also functions as a water retention area. The Clesen PUD is not pro_~osin_e gas stations or
convenience stores With gasoline pumps, ~ssibly due to the 500 feet or so of travel distance fro~-
t. he highway network to the subiect site. The Clesen PUD seems ideally suited for a fast foo~!
restaurant With drive-through facility or a high-turnover sit-down restaurant, such as a Perkins oi
.Denny's. 9n the front parcel. The rear parcel warrants significant consideration as a motel site.
The project is located within the Pine Ridge Road/Interstate 75 Interchange Activity Center on
the Comprehensive Plan's Future La. nd Use Map which permits the full array of commercial land ~
uses,
z
I
,I
t
· 128- 1
CLESEN PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
RICHARD J. CLESEN, PRESIDENT
FRANK CLESEN & SONS, INC.
316 FLORENCE AVENUE
EVANSTON, ILLINOIS 60202-3298
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING SHOPPE
5051 CASTELLO DRIVE, SUITE 220
NAPLES, FL 34103
BEAU KEENE, P.E.
240 AVIATION DRIVE
NAPLES, FLORIDA 34104
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
July 29, 1997
December 3, 1997
TABLE OF CONTENTS
12B-1
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
COMMERCIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
PAGE
i
ii
1
2
4
6
12
LIST OF EXHIBITS
12B- 1.~
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD MASTER PLAN
CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN
SKETCH OF REAR WALL
,, ~1, mi IIIII III IIIII I
STATEMENT OF COMPLIANCE
The development of approximately 4.33 acres of property in Collier County, as a
Planned Unit Development to be known as the Clesen PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial facilities of the Clesen PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
o
The subject property is within the Interstate'Activity Center Land Use Designation
as identified on the Future Land Use Map, as described in the Activity Center
Subdistrict of the Urban - Commercial Distdct in the Future Land Use Element.
The Future Land Use Element permits commercial land uses in this area.
The subject property is located on the northern side of Pine Ridge Road,
approximately 1000 feet east of the intersection between Whippoorwill Lane and
Pine Ridge Road. This strategic location allows the site supedor access for the
location of highway interchange land uses, as permitted by the Future Land Use
Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of land uses as
required in Objective 2 of the Future Land Use Element.
The subject project will have a shared access, with the adjacent tract to the west
and the subject parcel will provide an access easement for both properties to the
east, so that all 4 properties can utilize only a single access onto Pine Ridge
Road. Such access point is a designated access point on the Collier County
Access Management Plan, as described in Policy 4.4 of the Future Land Use
Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The project shall be in compliance with all applicable County regulations including
the Growth Management O!an.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code as set
forth in Policy 3.1 of the Future Land Use Element.
1.1
1.2
1.3
1.4
1.5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Clesen PUD.
LEGAL DESCRIPTION
The subject property being 4.33 acres, and located in Section 7, Township 49
South, and Range 26 East, is described as:
Tract 92, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of
the Public Records of Collier County, Florida.
PROPERTY OWNERSHIP
The subject property is owned by:
Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence
Avenue, Evanston, Illinois 60202-3298.
GENERAL DESCRIPTION OF PROPERTY AREA
Ao
The subject property is located on the northern side of Pine Ridge Road
approximately 1,000 feet east of the intersection between Whippoorwill
Lane and Pine Ridge Road (unincorporated Collier County), Florida.
Bo
The property is currently vacant. The entire project site currently has
Estates Zoning and is proposed to be rezoned to PUD.
PHYSICAL DESCRIPTION
The project site is locate5 within the 1-75 canal basin as shown on the Collier
County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-
75 canal system. The project will be designed for a storm event of 3-day
duration and 25-year return frequency as well as water quality in accordance with
the rules of South Florida Water Management District.
2
1.6
1.7
Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an
average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per
Flood Insurance Rate Map (FIRM Panel#120067 0425 D).
The soil type of the project is shown as Oldsmar Fine Sand on the Collier County
Soil Maps. The site has been previously farmed and is classified as Fallow Crop
Land according to FLUCCS.
PROJECT DESCRIPTION
The Clesen PUD will include a mixture of commercial and office uses. The
Clesen PUD intends to establish guidelines and standards to ensure a high and
consistent level of quality for proposed features and facilities. Uniform guidelines
and standards will be created for such features and facilities as landscaping,
signage, lighting, roadway treatments, fences and buffers.
The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. A
Land Use Summary indicating approximate land use acreage is shown on the
plan.
SHORT TITLE
This Ordinance shall be known and cited as the "CIesen Planned Unit
Development Ordinance".
3
12B-1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally descdbe the project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
Regulations for development of the Clesen PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development
District, applicable sections and parts of the Collier County Land
Development Code and Collier County Growth Management Plan in effect
at the time of local final development order or building permit application.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar distdct in the Collier County Land
Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the date of adoption of this PUD.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Clesen PUD shall become part of
the regulations which govern the manner in which the PUD site may be
developed.
Do
Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
Eo
Development peml~;.ted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
4
12B-1
2.3
2.4
2.5
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
Ao
Bo
The project Master Plan is illustrated graphically by Exhibit "A", PUD
Master Plan.
Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by
this PUD Document.
In addition to the various areas and specific items shown in Exhibit "A",
easements such as (utility, pdvate, semi-public, etc.) shall be established
and/or vacated within or along 'the property, as may be necessary.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS,
Ao
Exhibit "A", PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD Document, any
division of the property and the development of the land shall be in
compliance with the Subdivision Regulations and the platting laws of the
State of Flodda.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 pdor to the
issuance of a building permit or other development order.
Co
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land
Development Code.
5
3.1
3.2
3.3
SECTION III
COMMERCIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for
Areas "A", "B", and "C" of the site as shown on Exhibit "A", PUD Master Plan.
GENERAL DESCRIPTION
Areas designated on the PUD Master Plan are intended to p~'ovide commercial
land uses, especially those serving travelers, and office uses. The 4.33 acre site
is located on the northern side of Pine Ridge Road approximately 1000 feet east
of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also
designated an Interstate Activity Center.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Area "A" Permitted Principal Us'es and Structures:
1. Open Space.
2. Stormwater Management Areas.
B. Area "B" Permitted Principal Uses and Structures:
1. Apparel and Accessory stores (groups 5611 - 5699).
2. Depository Institutions [groups 6021-6062 (Commercial Banks,
Savings Institutions, and Credit Unions)].
3. Eating Places (group 5812, sit-down restaurants only).
4. Food Stores (groups 5411 including supermarkets but not
convenience stores, 5421 - 5499 except no roadside sales).
5. General Merchandise Stores (groups 5311 - 5399).
6. Health Services (groups 8011 - 8049, 8082).
8
9.
10.
11.
12.
13.
14.
12B-1
Home Fumiture, Furnishings and Equipment Sores (groups 5712 -
5736).
Hotels and Motels (group 7011).
Insurance Agents, Brokers, and Services (group 6411).
Legal Services (group 8111).
Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting
Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992
(Florists), 5994 (Newstands), and 5995 (Optical Goods)].
Paint and Wallpaper Stores (group 5231 except glass stores).
Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only, 7215, 7217, 7219- 7261 except crematodes, 7291).
Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
15. Real Estate Agents and Managers (group 6531).
16. Travel Agencies (group 4724).
17. Video Tape Rental (group 7841).
18. Any other commercial use or professional
compatible in nature with the foregoing uses.
Area "C" Pertained Principal Uses and Structure-~
1.
service which is
All Permitted Principal Uses for Area "B" as described within this
PUD Document.
Auto Supply Stores (group 5531).
Eating Places (group 5812).
Any other commercial use or professional service which is
compatible in nature with the foregoing uses.
7
3.4
Do
Accessory Uses;
Uses and structures that are accessory and
Permitted Uses within this PUD Document.
lZB-1
incidental to the
Drinking Places (group 5813, only in conjunction with Eating
Places)
Loud speakers and public address systems are prohibited.
DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
B. Minimum Lot Width:
Seventy-five (75) feet.
C. Minimum Yards:
(1)
(2)
Do
Principal structures:
(a) Front Yard - Twenty-five (25) feet.
(b) Front Yard Along Livingston Woods Lane - Eighty-two and
one-half (82.5) feet.
Side Yard - Ten (10) feet.
Side Yard External to the PUD - Fifteen (15) feet.
Rear Yard - Fifteen (15) feet.
(c)
(d)
(e)
Accessory Structures:
Setback~ shall be as required by
Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
However, all accessory structures shall be setback a minimum of
eighty-two (82.5) feet from Livingston Woods Lane.
Distance Between and Number of Principal Structures:
Twenty (20) feet. Principal structures shall be limited to three (3) buildings.
12B-1
Minimum Floor Area~
Seven hundred (700) square feet for the principal structure on the firs,t
habitable floor.
Maximum Heiqht:
Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels
constructed to a height of three (3) stodes shall not have any windows or
balconies on the upper story facing the north.
Off-Street Parkin.q and Loadin.q Requirements;.
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space Requirements:
A minimum of thirty (30) percent open space of the gross area for thb
entire PUD, excluding the thirty (30) foot wide R.O.W. easement withi'~
Livingston Woods Lane, shall be devoted to open space, as described in
Section 2.2.20.3.5 of the Land Development Code. ,;
(1) Area "A" of the PUD Master Plan shall contain a minimum of .55
acre of open space. I~
(2) Area "B" of the PUD Master shall contain a minimum of .30 acre Of
open space.
(3)
Area "C" of the PUD Master Plan shall contain a minimum of .38
acre of open space.
Buffedn.q Requirements:
(1)
A twenty (20) foot wide Type "D' Buffer shall be provided along
Pine R~d'ge Road, with the landscaping as required in Section
2.4.7.4 of the Collier County Land Development Code.
(2)
A ten (10) foot 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. If
the site is simultaneously developed, as a single project, with the
abutting property to the east or west, such buffer along this common
boundary shall not be required and shall be identified on the site
development plan for the simultaneous development.
9
12B-1
Jo
(3)
(4)
(5)
A twenty (20) foot wide Type "D" Buffer shall be provided along
Livingston Woods Lane, with more stringent screening than
required in Section 2.4.7.4 of the Collier County Land Development'
Code. Trees shall be spaced a minimum of fifteen (15) feet on-
center and a single row of shrubs shall be spaced a minimum of
three (3) feet on-canter, with both trees and shrubs located on the'
northern side of an eight (8) foot tall architecturally finished opaque
masonry wall. Such wall shall have a common architectural themer
with the other buildings and signage within the PUD as described in
Section 4.8B. of this PUD Document and be installed and
maintained with a finished side out towards Livingston Wood Lane.
Such trees and shrubs shall meet the requirements of Section 2.4.4'
of the Collier County Land Development Code. This buffer shall be'
installed as a required improvement for the first Site Development'
Plan within the subject PUD. Additionally, between the wall and'
the northern boundary of Area "B", there shall be planted at least
fifteen (15) Red Maples trees, or similar species, that are at least
eight (8) feet tall.
Buffedng between Area "B" and Area "C" of the PUD, shall be a five~
(5) foot wide buffer along both side~ of the paved roadway, with
trees spaced a minimum cf t.;;anty (20) foot on-center and a single
row of shrubs spaced a minimum of three (3) feet on-center. Such
trees and shrubs shall meet the requirements of Section 2.4.4
the Collier County Land Development Code.
Buffedng betwe,=.n other internal parcels within Area "B' or Area 'Ci!
of the PUD, sha~[ be a five (5) foot wide buffer along each parcel to
be developed, witl~ trees spaced a minimum of twenty (20) foot om
center and a single row of shrubs spaced a minimum of three (3)
feet on-center. Such trees and shrubs shall meet the requirements
of Sect!on 2.4.4 of the CoBer County Land Oevek~mewt Code.
(6)
(7)
Buffeting between Area "B" and Area 'A' shall not be required.
Required landscaping shall be maintained, and where it dies, such.'!
landscaping shall be replaced within ninety (90) days.
Signs
Signs shall be permitted as described in Section 2.5 of the Collier County Land,
Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall',
not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be
permitted but shall not exceed a maximum height of eight (8) feet. Signage shall
10
Ko
also meet the architectural standards further described in Section 4.8B. of this
PUD Document.
Solid Waste
Trash receptacles shall be screened on three (3) sides by a seven (7) foot high
opaque masonry wall with an opaque gate on the remaining side for access.
Such masonry wall shall also meet the architectural standards further described
in Section 4.8B. of this PUD Document.
Liclhtinq
Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding
a height of twenty (20) feet shall be permitted within Area 'C' and not exceeding
a height of twelve (12) feet shall be permitted within Area 'B'. Lighting shall meet
the architectural standards further described in Section 4.8B. of this PUD
Document. Lighting shall be designecl so that glare does not extend off-site onto
residential properties.
11
SECTION IV
DEVELOPMENT COMMITMENTS
128-1 ,
4.1
4.2
4.3
~URPOSE
The purpose of this Section is to set forth the regulations for the development of
this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the PUD is
not to be platted. The developer, his successor and assigns shall be responsible
for the commitments outlined in this document.
The developer, his successor or assignee shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property, in addition, any successor
or assignee in title shall be subject to any commitments within this agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be vaded
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
Ail necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
12
12B-1
4.4
4.5
4.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is proposed to be completed in several
phases.
Ao
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
ENGINEERING
Except as otherwise provided within this PUD Document, this project shall
be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
Bo
If the property is subdivided into three (3) or more parcels, a plat shall be
required.
Co
Prior to Final Site Development Plan approval, the developer shall provide
survey evidence of a positive connection to the 1-75 Canal, including
culvert locations, sizes, and slopes of swales.
The petitioner shall be responsible for identifying and confirming the
routing and capacity of storm water drainage out'fall.
UTILITIES
Water distribution, sewage collection and transmission, and intedm water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, ccnveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
Bo
All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's established rates.
C. This project shall be serviced with a central sewer system.
13
12 -1
4.7
4.8
4.9
TRAFFIC
The internal roadway design shall prohibit traffic from the commercial zone
onto Livingston Wood Lane.
Bo
Petitioner shall provide a future cross-access to the abutting parcel to the
east or dedicate the east-west roadway as a public road, pdor to Final Site
Development Plan approval.
PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
Bo
All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards of
the Land Development Code. Said unified architectural theme shall
include: a similar architectural design and use of similar materials and
colors throughout all of the buildings, signs, and walls to be erected on the
site. Landscaping and streetscape materials shall also be similar in design
throughout the site. All buildings shall be pdmadly finished in light colors
except for decorative trim. All roofs must be tile or metal and shall be
peaked. Decorative parapet walls shall be constructed above the roof
lines on fiat roofs, where tile or metal roofs are not feasible. A conceptual
design master plan shall be submitted concurrent with the first application
for Site Development Plan apProval demonstrating compliance with these
standards.
ENVIRONMENTAL
An appropriate portion of native vegetation shall be retained on-site as
required in Sectiap 3.9.5.5.4 of the Land Development Code.
B°
An exotic vegetation, removal, monitoring, and maintenance (exotic free)
plan for the site shall be submitted to Current Planning environmental staff
for reveiw and approval pdor to Final Site Development Plan/construction
plan approval.
14
Llli
28-1
~rr"c"
SKETCH OF REAR WALL
12Bf 1
CoLlier Catty, FIm'fcLI
J~Q~ST FOI LEGAL ADV~ITISrNG Of PUSLZ¢ I~JU~INGS
To: Clerk to the Board: PteBs~ p(ace the foltoving u a:
Origi~tt~
Petttto~ No. (If ~, giv~ I~ief c:a~crtptic~): ~crivc.~';ur'~ ~rror ~lican ~,[arsh
petttto~-~r: (,~me & ~dr~s): ~on r,,~ino Senior Planner
Devel,o, pment Servic.:.s /Currcnt Planning Section .
2SO0 N. ~orseshc:~, Dri~
:,~a £! es, Fla.
N~e L Actress of any I:~.rs~(s) :: ~ ~ctfi~ ~ Clerk's Office:
(if ~re S~Ce ~, a(:~ S~ate Sh~t)
/
.e~-~l~l~rCs) to be u~ed: (Ca, Ote:~ only if i~rtant /~, ~ ~s Oatty ~
~r~ ;ext: (l~t~ (~t ~ipti~ ~ c~ t~tim ~ size):
Ordinance
amend~n~ Ordinance 97-7~, for ~he Pelican ~arsh
Planned Unit Dev~lot.,ment to correct a Scrivener's Error
r~sulting from the Omission of Pages Nurnb~.red 8-10 through
Oc~
Petttf~
fo~ ~,,c,,~ co, t,: 1[]-~s312-64~100 p.O.~'
C~ ~ Oate ,,
List Atta~'~"~cs:(1)
~ ~$TR~SUTICXl INSTRUCT[OffS
For hearings befoc~ ICC o~ [7..4: ]nitinting person to complete one cc~y ind c~tain Oi¥lston Held iq:HY~vll befm-e
sd3mittlng to C~r~y~. liOT~: If {e~al 6oc~J,en~ Il Involved, be ~x"q the~ Inyhece?~ry le~jlt reviev, or
request for Same. is sul:~l~l ~o C~_~W A~of~ b~forlt ~,-tttfr~ to ~ .,. ..... r.
__~q---K~.~ The 14m~ger's Office viii
dJstrJ~e c~i~:
;--""7 Cou~CyKam, get ege-,:m file;
/--'--"7 Re~.~ _--_ting Division;
/----7'Orlginlt to Clerk's Office
~ OF PAGES ~
(including this cover)
1 2C1, '
111111111111111111111111111111111111111111111111111111111111111
TO:
MS. J~DIT~ ~WAC. AN
LOCATION: NAPLES DAILX NE~S
FAX NO.:
COMMENTS:
263-4864
!ilii1111111111111111111111111111111111111111111111111111111111
FROM:
ELLIE HOFFMAN -MINUTES & RECORDS
LOCATION: Collier County Courthouse
FAX ~6: (813; 774-8408
PKONE'NO: (813) 774-8406
573 01-14 1'7:~ 00~ 23' 30
574 01-151 12:32 ~01'52
94145"57642 OK
92634864 OK
TOTAL. I~PGS 113
1
January 13, 1998
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider an Ordinance
Amending Ordinance 97-79
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
January 25, 1998, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Purchase Order #800551
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 10, 1998, in
the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 97-79, FOR THE PELICAN
MARSH PLANNED UNIT DEVELOPMENT (PUD) TO CORRECT A SCRIVENER'S
ERROR RESULTING FROM THE OMISSION OF PAGES NUMBERED 8-10 THROUGH
8-14 FROM EXHIBIT "A" THEREOF, THE PELICAN MARSH PUD DOCUMENT AND
BY PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the 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 based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BARBARA B. BERRY, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:
/s/Ellie Hoffman,
Deputy Clerk
(SEAL)
· ' !2C1'":
ORDINANCE NO. 98-
AN ORDINANCE AMENDING ORDINANCE 97-79, FOR
THE PELICAN MARSH PLANNED UNIT DEVELOPMENT
(PUD) TO CORRECT A SCRIVENER'S ERROR
RESULTING FROM THE OMISSION OF PAGES
NUMBERED 8-10 THROUGH 8-14 FROM EXHIBIT
"A" THEREOF, THE PELICAN MARSH PUD
DOCUMENT AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners adopted
Ordinance No. 97-79, an ordinance amending the boundaries of the Pelican
Marsh Community PUD district on December 9, 1997, and
WHEREAS, following said action adopting Ordinance No. 97-79, staff
was advised that certain pages, namely those numbered 8-10 through 8-14
inclusive of the PUD Document attached to said Ordinance as an Exhibit
were inadvertently omitted from the copy transmitted to the Department
of State and that their correction constitutes a scrivener's error.
NOW, THEREFORE BE IT ORDAINED, by the Board of County Co~issioners
of Collier County, Florida:
SECTION ONE: SCRIVENER'S ERROR A24ENDMENT
Ordinance Number 97-9, the Pelican Marsh PUD is hereby amended to
add the omitted pages numbered 8-10 through 8-14 to the PUD Document
attached thereto, now attached hereto and incorporated herein by
reference as Exhibit "A".
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of , 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
I,egal Sufficiency:
Marjo~e M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA R. BERRY, Chairman
Bo
Co
Do
of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section
3.8.3 of the Collier County Land Development Code shall be deemed satisfied for
all future activities which take place within the Pelican Marsh Community PUD
boundaries that require County permits for or County approval of development or
site alteration. This provision is based upon (1) approval of the Pelican Marsh
Community application for Development of Regional Impact and the Pelican
Marsh Community Environmental Supplement submitted in conjunction with this
Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh
Community PUD ElS submitted in conjunction with the Application for Public
Hearing for PUD Rezone Which was approved via County Ordinance ,~)3-27.
This provision shall apply to the Developer, its successors, or assigns.
Pursuant to Collier County Land Development Code Article 3, Division 3.8,
Section 3.8.8, the Pelican Marsh PUD ElS cited in provision 8.10.A above shall
constitute Collier County's review and approval of all environmental resources
and environmental quality issues contained in the Pelican Marsh Community.
Application for Development of Regional Impact in so far as said issues
specifically pertain to lands contained within the Pelican Marsh PUD boundaries.
as defined via County Ordinance//93-27.
Provisions 8.10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting, information relative to new or changed
environmental conditions on the site relative to species of special status pursuant
to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e.
The Collier County 'ST' overlay has been eliminated and replaced by this Planned
Unit Development, however all existing Collier County wellfield and/or
groundwater protection zones shall remain in effect unless otherwise modified by
Collier County.
The Cocohatcbee Strand Mitigation Bank is hereby created and incorporated into
this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc.
File No. ENV-88) depicts the improvements contemplated under the Cocohatchee
Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand
Mitigation Bank features including mitigation ratios and available credits for
impacts to Collier County jurisdictional wetlands. It is understood that changes to
both the Cocohatchee Strand Restoration Program and the Coeohatchee Strand
Mitigation Bank may be required by regulating agencies. If such changes cause a
need to modify or revise the Cocohatchee Strand Restoration Program and
revisions may be administratively approved by the Collier County Development
Services staff.
In accordance with Policy 7.3.5 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan, gopher tortoises shall
be relocated to the "GCO" District and to the Xeric Scrub Conservation Area.
Compensation for lost habitat whose extent has been approved by the Florida
Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with
FGFWFC policy.
Collier County shall defer all environmental permitting regarding wetlands.
wetland impacts, and wetland mitigation to South Florida Water Management
District. The developer shall coordinate with and copy Collier County on all
approved permits.
8.11 SUBDMSION REQUIREMENTS AND STANDARD DESIGN SUBSTITU~ONS
Pelican Marsh Community shall be required to conform with the subdivision
improvement requirements set forth in Collier County Land Development Code Article 3,
Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following
substitutions to the improvement standards are approved for Final Subdivision Plat
requirements:
A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows:
Pelican Marsh Boulevard shall be considered a minor collector street and
shall be required to have a sidewalk or bikepath on each side of the street.
All other through streets shall be considered local streets and shall be
required to have a sidewalk or bikepath on one side of the street.
All c,:'.-de-sacs serving more than fifty (50) single family lots shall be
required to have a sidewalk or bikepath on one side of the street.
Ali cul4e-sacs serving fifty (50) or less single family lots shall not be
required to have a sidewalk or bikepath provided the following conditions
are satisfied:
The right-of-way section shall include two twelve foot (12') wide
travel lanes, and
the gross density of the cul-de-sac shall be less than two (2) units
per acre.
Private streets shall conform with the right-of-way and pavement width
requirements of Subsection 3.2.8.4.16.5 except as follows:
Cul-de-sac and local streets less than one thousand feet (1,000') in length
are required to have a minimum forty feet (40') right-of-way width and
two ten foot (103 wide travel lanes, subject further to the conditions of
Section 8.11 .A.4 of this PUD.
I 2.01
All other cul-de-sacs are required to have a minimum fifty feet (503 right-
of-way width and two ten foot (10') wide travel lanes, subject further to
the conditions of Section 8.11 .A.4 of this PUD.
All other local streets are required to have a minimum fifty feet (50')
right-of-way and two twelve foot (12') wide travel lanes.
Where sidewalk design substitutions are desired per Section 8. I 1.A.4 of
this PUD, cul-de-sac streets shall have a minimum of two twelve foot
(12') wide travel lanes.
Co
Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but
may exceed a length of one thousand feet (1000').
Tangents between reverse curves shall not be required under Subsection
3.2.8.4.16. I0 except on Pelican Marsh Boulevard where the requirement shall be
seventy-five feet (75').
Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
Roadside slopes within private street rights-of-way may be allowed to a maximum
of 3:l in accordance with FDOT MUMS, page I11-35.
8.12 PENE RiDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on
the Pelican Marsh Community Master Plan. The design of the relocated canal
incorporates features intended to fully mitigate for any impacts associated with its
construction and elimination of the existing canal, and shall therefore not require the use
of mitigation credits established under the Cocohatchee Strand Restoration Plan.
Maintenance of the Pine Ridge Canal and associated control structures within the
boundary of the Pelican Marsh Community PUD shall be the responsibility of the
PMCDD.
8.13 DEDICATIONS
All dedications of property, or facilities tbr a public purpose, whether by easement or
deed. may. at Developer's option, contain a condition limiting the use to said public
purpose In addition, said dedication, at Developer's option, may contain a reverter
clause in the event the public purpose use is discontinued or not commenced within a
reasonable time period. The "reasonable time" will be agreed to between the developer
1 2C1
and the grantee at the time of the dedication, it being the intent of the grantee to have
sufficient time to commence the use of the dedication.
8.14 PELICAN MARSH COMMUNTTY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
The school site shall only be improved for and used as a school for school
purposes.
B. Building Setback Lines, Size of Building and Building Height
The minimum setback of any structure (including temporary, aocessory
and portable structures) from a property line or right-of-way line shall be
twenty-five (25) feet on the northern and western property lines and fifty
(50) feet on the eastern and southern property lines,
No principal structure of any kind shall exceed three (3) stories in height
and accessory structures shall be limited to a maximum of twenty (20) feet
in height. The maximum height of any structure shall be measured as set
forth in the Collier County Land Development Code.
C. Landscaping
All areas not covered by structures, walkways or paved parking facilities
shall be reasonably maintained and irrigated as lawn or landscape areas to
the pavement edge of any abutting streets, to the property line and/or to
the location required by South Florida Water Management District of any
abutting lakes, canals or water management areas. No stone, gravel or
paving of any type shall be used as a lawn. All required lawns and
landscaping shall be complete at the time of completion of the structures
evidenced by the issuance of a certificate of occupancy by the appropriate
governmental agency.
D. Signs
Any sign installed in, on or placed within the School Site shall be no
larger than ten (I0) feet in length by five {5) feet in height. Lighting of
any sign may be fluorescent uplight from grade. No neon or colored
lighting is allowed. All signs must also conform with the Collier County
Land Development Code.
Eo
Exterior Lighting
All exterior lighting for the school buildings shall be for the expressed
purpose of safety and security only and shall use fixtures, light source,
installation and control techniques to contain light within the School Site
and eliminate or minimize light spillage into or onto adjacent properties.
There shall be no nighttime lighting of athletic or recreational playing
fields or courts or playgrounds within the School Site.
Outdoor F4uipment
Ail garbage and trash containers, oil tanks, bottled gas tanks, swimming
pool equipment and housing and sprinkler pumps and other such outdoor
equipment must be underground or placed in walled-in or sight-screened,
fenced-in areas so that they shall not be readily visible.
For structures at the maximum building height, all vents, stacks, and
mechanical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be sight-screened so that they shall
not be readily visible from adjacent properties.
All active sports areas including baseball, soccer, basketball, football,
etc., shall be setback twenty-five (25) feet from the easterly and southerly
pro~rty lines.
8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY
Developer shall include the following Notice in its sales contracts with purchasers within
PMC who are acquiring an interest in real property for residential purposes from
Developer located within 500 linear feet of the closest boundary of the County's
Wastewater Treatment Plant parcel on Goodlette Road:
"This is to notify you that the property you are acquiring is located
within 500 linear feet of the property boundary of Collier County's
Wastewater Treatment Plant. This notification is made at the
request of Collier County."
The above notification will no longer be required when and if the County adopts an
ordinance or regulation addressing the subject; provided however that Developer shall
comply with the requirements of said ordinance or regulation, where applicable.
NapLes Daily News
Naples, FL 339~
Affidavit of Publtcat~ Naples Daily News
NOTICE OF INTENT
TO
NO~' ~NA~
~ARD OF C~NTY CO~M[SS~fERS
T~Ay,
ATTII: NANCY SAL~UB ~'v 10,
room 3r~ FlOom
P0 ~X ~30~6 Admln~s~
NAPLES FL ~101-~016 C~II~
~ounty Commissioner
REFERENCE: ~1230 ~551 ~e.
C~ ~ 9~ A.
T~
576283~ I~TICE OF INTENT TO
AN O~OlNANCE
AMENDING ORDI.
NANCE NU/~R ~.79.
FOR THE PELICAN
~ARSH PLANNED
UNIT ~L~NT
(P~) TO C~RECT A
~RIVENER'S ERROR
RESULTING FROM
THE OMISSION OF
PA~S NUMBER
THR~ 1.14 FRO~
AND
TI~
me
PUBLISHED ON: 01/25 BOARD OF COUNTY
COMMISSiOnS
COLLIER COUNTy
FL~OA ·
BARBARA B. BERRY,
CHARON
DWIGHT E. CROCK,
C~RK
AD SPACE: 69.~ INCH ~C~
FZLEO ON: 01/26/98
...................................... ~ .........................................
1
S~gneture of Affiant ~' ~
S~orn to and Subscribed before *~ ~his "day of
Personally knovn by me .. ;~ · ' ~ .'
State of FLorida
County of Collier
Before the undersigned authority, personally
appeared 8. Lamb, who on oath says that she serves
as the Assistant Corporate Secretary of the Naples
Daily Neus, a daily newspaper published at Naples.
in Collier County, FLorida: that the attached
copy of advertising was published in said
nevspaper on dates Listed.
Affiant further says that the said Naples Daily
Nevs is a newspaper published at Naples, in said
Collier County, FLorida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as s~cond class mail
matter at the post office in tJapLes, in said
Collier County, FLorida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or coporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said ne~spoper.
1201
ORDINANCE NO. 98-
...Il
AN ORDiNAUCE AMENDING ORDINANCE 97-79, FOR
THE PELICAN MARSH PLANNED UNIT DEVELOPMENT
(PUD) TO CORRECT A SCRIVENER'S ERROR
RESULTING FROM THE OMISSION OF PAGES
NUMBERED 8-10 THROUGH 8-14 FROM EXHIBIT
"A" THEREOF, THE PELICAN MARSH PUD
DOCUMENT AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners adopted
O£dinance Ilo. 97-79, an ordinance amending the boundaries of the Pelican
Marsh Community PUD district on December 9, 1997, and
WHEREAS, following said action adopting Ordinance No. 97-79, staff
was advised that certain pages, namely those numbered 8-10 through 8-14
inclusive of the PUD Document attached to said Ordinance as an Exhibit
were inadvertently omitted from the copy transmitted to the Department
of State and that their correction constitutes a scrivener's error.
NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners
of Collier Counzy, Florida:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT
Ordinance Number 97-?9,the Pelican Marsh PUD is hereby amended to
add the omitted pages numbered 8-10 through 8-14 to the PUD Document
attached thereto, now attached hereto and incorporated herein by
reference as Exhibit "A".
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Departmen~ of State.
PASSED AND DULY ADOPTED by the Board of County Coramissioners of
Collier County,. Florida, th~s ~ day of~~ 1998
ATTEST:
DWIGHT E. BROCK, CI~rk
Approved as to Form and
Legal Sufficiency:
~ar]o~le M. St.3dent
Assistant County Attorney
~/Pei~can Marsh PUS
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
of an Environmental Impact Statement (ELS) pursuant to Division 3.8, Section
3.8.3 of the Collier County Land Development Code shall be deemed satisfied for
all future activities which take place within the Pelican Marsh Corrtmunity PUD
boundaries that require County permits for or County approval of development or
site alteration. This provision is based upon (1) approval of the Pelican Marsh
Community application for Development of Regional Impact and the Pelican
Marsh Community Environmental Supplement submitted in conjunction with this
Application For Public Hearing for PUD Rezone: and (2) the Pelican Marsh
Community PUD EIS submitted in conjunction with the Application for Public
lqearing for PUD Rezone which was approved via County Ordinance//93-27.
This provision shall apply to the Developer, its successors, or assigns.
Pursuant to Co!lier County Land Development Code Article 3. Division 3.8,
Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8.10.A above shall
constitute Collier County's review and approval of all environmental resources
and environmental quality issues contained in the Pelican Marsh Community
Application for Development of Regional Impact in so far as said issues
specifically pertain to lands contained within the Pelican Marsh PUD boundaries.
as defined via County Ordinance #93-27.
Provisions 8.10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting,, information relative to new or changed
environmental conditions on the site relative to species of special status pursuant
to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e.
The Collier County 'ST' overlay has been eliminated and replaced by this Planned
Unit Development. however all existing Collier County wellfield and/or
groundwater p;'c;e..:'tion zones shall remain in effect unless otherwise modified by
Collier County.
The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into
this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P. Inc.
File No. ENV-88) depicts the improvements contemplated under the Cocohatchee
Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand
Mitigation Bank features including mitigation ratios and available credits for
impacts to Collier County jurisdictional wetlands. It is understood that changes to
both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand
Mitigation Bank may be required by regulating agencies. If such changes cause a
need to modify or revise the Cocohatchee Strand Restoration Program and
revisions may be administratively approved by the Collier County Development
Services staff.
In accordance with Po[icy 7.3.5 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan. gopher tortoises shall
be relocated to the "GCO" District and to the Xeric Scrub Conservation Aren
12g-! '
8.11
Compensation for lost habitat whose extent has been approved by the Florida
Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with
FGFWFC policy.
Collier County shall defer all environmental permitting regarding wetlands,
wetland impacts, and wetland mitigation to South Florida Water Management
District. The developer shall coordinate with and copy Collier County on all
approved permits.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Pelican Marsh Communi.ty shall be required to conform with the subdivision
improvement requirements set forth in Collier County Land Development Code Article 3,
Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following
substitutions to the improvement standards are approved for Final Subdivision Plat
requirements:
ho
Sidewalks/hike paths shall conform with Subsection 3.2.8.3.17 except as follows:
1. Pelican Marsh Boulevard shall be considered a minor collector street and
shall be required to have a sidewalk or bikepath on each side of the street.
2. All other through streets shall be considered local streets and shall be
required to have a sidewalk or bikepath on one side of the street.
3. All cul-de-sacs serving more than fifty (50) single family lots shall be
required :,, ~ave a sidewalk or bikepath on one side of the street.
4. All cul-de-sacs serving fifty (50) or less single family lots shall not be
required to have a sidewalk or bikepath provided the following conditions
are satisfied:
The right-of-way section shall include two twelve foot (12') wide
tra~'el lanes, and
the gross density of the cul-de-sac shall be less than two (2) units
per acre.
Private streets shall conform with the right-of-way and pavement width
requirements of Subsection 3.2.8.4.16.5 except as follows:
Cul-de-sac and local streets less than one thousand feet (I,000') in length
are required to have a minimum forty feet (40') right-of-way width and
two ten foot (I0') wide travel lanes, subject further to the conditions of
Section 8.11.A.4 of this PUD.
12C-1 '
All other cul-de-sacs are required to have a minimum fifty feet (50') right-
of-way width and two ten foot (I0') wide travel lanes, subject further to
the conditions of Section 8.1 I.A.4 of this PUD.
All other local streets are required to have a minimum fifty feet (50')
right-of-way and two twelve foot (12') wide travel lanes.
Where sidewalk design substitutions are desired per Section 8.11.A.4 of
this PUD. cul-de-sac streets shall have a minimum of two twelve foot
(12') wide travel lanes.
Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but
may exceed a length of one thousand feet (1000').
Tangents between reverse curves shall not be required under Subsection
3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be
seventy-five feet (75').
Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
Roadside slopes within private street rights-of-way may be allowed to a maximum
of 3: I in accordance with FDOT MUMS. page III-35.
8.12 PINE RIDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on
the Pelican Marsh Community Master Plan. The design of the relocated canal
incorporates features intended to fully mitigate for any impacts associated with its
con.struction and elimination of the existing canal, and shall therefore not require the use
of mitigation credits established under the Cocohatchee Strand Restoration Plan.
Maintenance of the Pine Ridge Canal and associated control structures within the
boundary of the Pelican Marsh Community PUD shall be the responsibility of the
PMCDD.
8.13 DEDICATIONS
All dedications of property or facilities for a public purpose, whether by easement or
deed. may, at Developer's option, contain a condition limiting the use to said public
purpose. In addition, said dedication, at Developer's option, may contain a reverter
clause in the event the public purpose use is discontinued or not commenced within a
reasonable time period. The "reasonable time" will be agreed to between the developer
120-1
and the grantee at the time of the dedication, it being the intent of the grantee to have
sufficient time to commence the use of the dedication.
8.14 PELICAN MARSH COMMUNITY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
The school site shall only be improved for and used as a school for school
purposes,
B. Building Setback Lines. Size of Building and Building Height
Thc minimum setback of any. structure (including temporary, accessory
and portable structures) from a property line or right-of-way line shall be
twenty-five (25) feet on the northern and western property lines and fifty
(50~ feet on the eastern and southern property lines.
No principal structure of any kind shall exceed three (3) stories in height
and accessory structures shall be limited to a maximum of twenty (20) feet
in height. The maximum height of any structure shall be measured as set
forth in the Collier County Land Development Code.
C. Landscaping
All areas not covered by structures, walkways or paved parking facilities
shall be reasonably maintained and irrigated as lawn or landscape areas to
the pavement edge of any abutting streets, to the property line and/or to
the location required by South Florida Water Management District of any
abutting lakes, canals or water management areas. No stone, gravel or
paving of any type shall be used as a lawn. All required lawns and
landscaping shall be complete at the time of completion of the structures
evidenced by the issuance of a certificate of occupancy by the appropriate
governmental agency.
D. Signs
Any sign installed in, on or placed within the School Site shall be no
larger than ten (10) feet in length by five {5) feet in height. Lighting of
any sign may be fluorescent uplight from grade. No neon or colored
lighting is allowed. All signs must also conform with the Collier County
Land Development Code.
Exterior Lighting
All exterior lighting for the school buildings shall be for the expressed
purpose of safety and security only and shall use fixtures, light source,
installation and control techniques to contain light within the School Site
and eliminate or minimize light spillage into or onto adjacent properties.
There shall be no nighttime lighting of athletic or recreational playing
fields or courts or playgrounds within the School Site.
Outdoor Equipment
All garbage and trash containers, oil tanks, bottled gas tanks, swimming
pool equipment and housing and sprinlder pumps and other such outdoor
equipment must be underground or placed in walled-in or sight-screened,
fenced-in areas so that they shall not be readily visible.
For structures at the maximum building height, all vents, stacks, and
mechznical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be sight-screened so that they shall
not be readily visible from adjacent properties.
All active sports areas including baseball, soccer, basketball, football.
etc.. shall t~ setback twenty-five (25) feet from the easterly and southerly
property lines.
8.15 NOTIFICATION OF ?;,tOXLMITY TO COUNTY FACILITY
Developer shall include the following Notice in its sales contracts with purchasers within
PMC who are acquiring an interest in real property for residential purposes from
Developer located within 500 linear feet of the closest boundary of the County's
Wastewater Treatment Plant parcel on Goodlette Road:
"This is to notify you that the property you are acquiring is located
within 500 linear feet of the property boundary of Collier County's
Wastewater Treatment Plant. This notification is made at the
request of Collier County."
The above notification will no longer be required when and if the County adopts an
ordinance or regulation addressing the subject; provided however that Developer shall
comply with the requirements of said ordinance or regulation, where applicable.
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. 98-11
Which was adopted by the Board of County Commissioners on the
10th day of February, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of February,
1998.
DWIGHT E BROCK · ..
Clerk of Courts and?Cle~.~',~
Ex-officio to Boarcl' of,
County Commissioners · ~, 0. ,.,.. ,:
By: Ellie Hoffman .~//,'' :'.'.''-~ .'
Deputy Clerk ~,,.;
m,,, [ [ ..... · Ill 11 1[ [
To:
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
Clerk to the Board: Please place the following as a:
X2CX Normal legal Advertisement
(Display Adv.. location, etc.)
[] Other:
Originating Dept/Div: CommDev. Serv./Planning Person: ,/~.~d~q ~~/~
Petition No. (If none. give brief description): V-97-14
Petitioner: (Name & Address): First National Bank of Naples. 900 Goodlette Road Norlh, Naples, FL 34101
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate she¢l) ~0hn Hobarl,
Archilect, Rte. l, BOx 542-8, Micanopy, FL 32667
tlearingbefore BCC XXX BZA Other
Newspaper(s) to be used: (Complete only if important):
Based on advertisement appearing 15 days before hearing.
XXX Naples Daily News
Other [] Legally Required
Proposed Text: (Include legal description & common location & Size: petition No. V-97-14, John Hobart, Architect, rcprcse[~ting
Firsl National Bank of Naples, requcstin~,~ a forty.(40)foo[ variance lo Ihe required setback of rift,,' (50) feet Io len (10) feet Io permit
canopy Io be constructed over two (2) parkine spaces for property located at 8771 Tamiami Trail North, further described as a'
porlion of Parcel "One", Oakmont Parkway Extension, Section 33, Township 48 South, Range 25 East.
Companion petition(s), if any & proposed hearingjtatc:
Does Petition Fee include advertising cost~' [~cs [] No If Yes. what account should be charged for advertising costs:
i 13-138323-649110
Approved by:
~,. --
Division Head Date
Lisl Attachments:
Count).' Manager Date
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before
submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request
for same, is submitted to Count)' Attorney before submitting to County Manager. The Manager's office will distribute
copies: '
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
[] Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY: 0 .,: ~-~ ...'
Date Received:/~2///?,..,/7 Dale of Public heating:/:~?<' '5.; ;"'- Date Advertised: / ./--- /"~ (
.~ OF PAGES ~
(including this cover)
!!1111111111111111111111111111111111111111111111111111111111111
LOCATION: NAPLES DALLY NEWS
iilllillilli]lllilllllllliilllililllilllilillillllllllllilllll
FROM:
ELLIE HOFFMAN - MINUTES & RECORDS L_
LOCATION: Col.lier County Courthouse
FAX t;O: (813) /74-8408
P]IONE 'NO: (813) 774-~406
587 ] 01-21/ 89:34
_81-21{ 18:33 ~81'51 ~92634864 9419978393{ ~ / 3l I~~~l
January 21, 1998
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition V-97-14
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, January 25, 1998, and kindly send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Ellie Hof~man, Deputy Clerk
Purchase Order No. L00551
............. --. [ ...... ] [ ,, , [[~[[ [,.[pn[
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, FEBRUARY 10,
1998, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M. The Board will consider Petition
V-97-14, John Hobart, Architect, representing First National Bank of
Naples, requesting a forty (40) foot variance to the required setback
of fifty (50) feet to ten (10) feet to permit a canopy to be
constructed over two (2) parking spaces for property located at 8771
Tamiami Trail North, further described as a portion of Parcel "One",
Oa~ont Parkway Eztension, Section 33, Township 48 South, Range 25
East, Collier County, Florida.
Ail interested parties are invited to attend, to register to speak
and to submit their objections, if any, in writing, to the Board prior
to the public hearing.
Any person who decides to appeal a decision of the 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BARBARA B. BERFY, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie H<,ffman, Deputy Clerk
(SEAL)
January 21, 1998
Hr. John Hobart, Architect
Route 1, Box 542-8
~4icanopy, FL 32667
Re: Public Hearing to Consider Petition V-97-14
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 25, 1998.
You are invited to attend ~his public hearing.
Kindly disregard my December 17, 1997 letter indicating that
the public hearing would be held on January 27, 1997.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
January 21, 1998
First National Bank of Naples
900 Goodlette Road North
Naples, FL 34101
Re: Public Hearing to Consider Petition V-97-14
Dear Peti%ioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 1998, as indicated on the enclosed notice. The
the Naples Daily News on Sunday, January 25, 1998.
You are invited to attend this public hearing.
Kindly die, regard my December 17, 1997 letter indicating that
this publlc hearing would be held on January 27, 1997.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
January 21, 1998
Ms. Susan t4urray, Planner
Community Development Services Division
2800 North Horseskoe Drive
Naples, FL 34104
Re: Public Hearinf4 5c Consider Petition V-97-14
Dear Susan:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February i0, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 25, 1998.
I have sent correspondence to Mr. Hobart and First National
Bank of Naples with regard to the change in date of the public
hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
.... ~ ~ atilt I I IIIIIIIIIIII II ! I II ..... I IIII
December 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition V-97-14
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, January 11, 1998, and kindly send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely.
Ellie Hoff.:~an, Deputy Clerk
Purchase Order No.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, JANUARY 27,
1998, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M. The Board will consider Petition
V-97-14, John Hobart, Architect, representing First National Bank of
Naples, requesting a forty (40) foot variance to the required setback
of fifty (50) feet to ten (10) feet to permit a canopy to be
constructed over two (2) parking spaces for property located at 8771
Tamiami Trail North, further described as a portion of Parcel "One",
Oakmont Parkway Extension, Section 33, Township 48 South, Range 25
East, Collier County, Florida.
Ail interested parties are invited to attend, to register to speak
and to submit their objections, if any, in writing, to the Board prior
to the public hearing.
Any person who decides to appeal a decision of the 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 te~timony and evidence upon which the appeal is to
be based.
BOARD OF COUNTY COI4MISSIONERS
COLLIER COUNTY, FLORIDA
?IMOTHY L. HANCOCK, CHAIR24AN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(£~EAL)
December 17, 1997
Mr. John Hobart, Architect
Route 1, Box 542-~
Micanopy, FL 32667
Re: Public Hearing to Consider Petition V-97-14
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
January 27, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 11, 1998.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
December 17, 1997
First National Bank of Naples
900 Goodlette Road North
Naples, FL 34101
Re: Public Hearing to Consider Petition V-97-14
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
January 27, 1998, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 11, 1998.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
RESOLUTION NO. 98-
RELATING TO PETITION NUMBER V-97-14,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessa[y for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoni-ng
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 40-foot variance from the required 50 foot front
yard setback requirement to 10 feet to permit a canopy to be constructed
over two f2) parking spaces as shown on the attached plot plan, Exhibit
"A", in a PUD zone for the property hereinafter described, and has found
as a matter of fact that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and
in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
ronsidered all matters presented;
NOW THEREFCRE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-97-14 filed by John Hobart, Architect, representing
First National Bank of Naples, with respect to the property hereinafter
described as:
A portion of Parcel "One", Oakmont Parkway Extension, as
recorded in Plat Book 21, Pages 77-78, of the Public Records of
Collier C~,~nty, FlOrida.
b~ and the same hereby is approved for a 40-foot variance from the
required 50 foot front yard setback requirement to 10 feet as shown on
the attached plot plan, Exhibit "A", of the PUD zoning district wherein
said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-i4 ke recorded in the minutes of this Board.
This Resoluticn adopted after motion, second and majority vote.
Done this day of , 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Approved as to Form and Legal Sufficiency:
'Marjo~rie M. Student
Assistant County Attorney
f/ v-~7-~ R£SO~UT~ON
Chairman
I 311 d~
Bay Ploza
~4
I~1, volve
E::hibi ~ P
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b u i d r) 3 s P u o I
0
NapLes DaiLy
NapLes, FL 33960
Affidavit of PubLication NapLes DaiLy Nevs
BOARD OF COUNTY COHMZSSZOt4ERS
ATTFf: NANCY SALOGUB
PO BOX 413016
NAPLES FL 36101-~016
REFERENCE: 001230 800551
57628910 NOTICE OF PUBLIC NEA
State of FLorida
County of CoLLier
Before the undersigned authority, personaLLy
appeared B. Lamb, ~ho on oath says that she serves
as the Assistant Corporate Secretary of the NapLes
DaiLy Nevs, a daily nevspaper published at NapLes
in CoLLier County, FLorida: that the attached
copy of advertising vas published in said
newspaper on dates Listed.
Affiant further says that the said NapLes Daily
Ne~s is a newspaper pubLished at NapLes, in said
CoLLier County, FLorida, and that the said
nevspaper has heretofore been continuously
published fn said CoLLier County, FLorida, each
day and has been entered as second class mai[
matter at the post office iq qapLes, in said
CoLLier County, FLorida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or coporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said nevspaper.
PUBLISHED OH: 01/25
AD SPACE: 65.000 INCH
FILE0 Off: 01/26/98
NOTICE OF
PUBLIC HEARING
Ca~mlssloners of Collle~ i
C(~nty, ~ll h~d O ~
he~lng ~ TUESDAY,
FE~UAEY 10, 1~,
Admlnls~iOn Bu Id
~111~ C~ ~n-
~ ~, 3~1 E~
T~I~I Tral, N~I~,
~n ~ ~ ~ T~
fl~ V-~.I4, J~ ~,
Ar¢~lte~, re~resent ng
F ~sf N~I~I Bank
(sO) ~ vm~ce to ~e
r~ S~k ~ ~
I~) f~ ~ ten (10) fe~ to
c~ ~er ~ (2)
P~w~ Exte~l~, ~c-
fion ~3, Township
Ilar C~, ~1~
All. Imer~t~
~, In ~, to ~
~d ~ ~ ~e ~
c~ .~ ~
~e ~ o v~m /
COMMIS~O~RS
COLLIER COUNTY,
FLORA
BARBARA B. BERRY,
CHAIR~N
DWIGHT E, BROCK,
C~RK
Cl~y25 ~.1141~7~
Signature of Affiant /
Svorn to and Subscribed before ~,e this .' day of , i/,. 19/' '~
PersonaLLy knoun by me ' ' ' "/ ~ /
13A 1
9ESOLUTION NO. 98- 37
RELATING TO ?ETITION NUMBER V-97-14,
FOR A VARiA~:CE ON PROPERTY HEREINAFTER
DESCRIBED iN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance Ho. 91-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 4~-.f'3ot variance from the required 50 foot yard
setback requirement to i0 feet to permit a cover structure to be
constructed o';er two (2) parking spaces as shown on the attached plot
plan, Exhibit "A", in a ?UD zone, and consistent with the architectural
style as shown in Exhibit "B", for the property hereinafter described,
and has found as a matter of fact that satisfactory provision and
arrangement n~:ve been made concerning all applicable matters required by
said regulations and in accordance with Section 2.7.5 of the Zoning
Peguiations cf said Land Development Code for the unincorporated area of
Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-97-14 filed by John Hobart, Architect, representing
First National Bank cf Naples, with respect to the property hereinafter
described as:
A port,or, of Parcel "One", Oakmont Parkway Extension, as
recorded ~n Plat Bock 21, Pages 77-78, of the ~ublic Records of
Collier County, Elorida.
be and the same hereby is approved for a 40-foot variance from the
required 50 foot yard setback requirement to 10 feet as shown on the
attached plot plan, Exhibit "A", of the PUD zoning district, and
consistent with the architectural style as shown in Exhibit "B" wherein
said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-14 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this .. /D~ day of -~~j,_ , 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BAR~RA B. BERR¥,~Chal~m~2~
Approved as to Form and Legal Sufficiency:
Mar]ogie M. Student
Assistant County Attorney
EXHIBIT A
;'-97- 14 ~
y P~aza
to~t.sca~ml
IS
· STOP 9AR
h~r~ ~'oy
' v-97-14
b~ori
19~.00'
I
I
:_-5
1_ "'
o---
b u ! d D ~ {{ P u O I
V-97-I4
~ COLLIER COUNTY FLORIDA
RkQUEST FOR LEGAL ADVESTISING OF PUBLIC tlEARINGS
To: Clerk to the Board: Please place the following as a:
13A2
XXX Normal legal Advertisement
(Display Adv., location, crc.)
[] Other:
Originating Dept/Div:
Comm. Dcv. Scrv./Planning
Person:'
Da,e:
Petition No. (Ir none, give brief description): $PA-97-1
Petitioner: (Name & Address): ..Daniel & Barbara Ho0ver, 2452,1 & (~ Bouk~vard, Naples, Florida 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R, Bru~
Anderson. Er4uire. Young. van Asscnderp 8, V~rnad~e, P.A., 80] Laurel Oak Drive. Suile 30o. Naolel;, F19fi{l~ 34 I08
Hearing before BCC XXX BZA OIher
Reqt,ested Heafingdate: O/ /~ /~ S Based on ad,'cnisement appearing 15davsbeforch=nng.
·
Newspaper(s) to be used: (Complete only il'imponant):
XXX Naples Daily News
Other [] Legally Required
Proposed Text: (Include legal description & common location & Size: Petition No. SPA-97-1, R, Bruce Anderson, E.~uire. of
Young. van Asscndcrp and Vamad0e, P.A., representing David & Barbara Hoover, requesting approval 0fshared parkin~ on IJ61s 26
0nd 27 or Ihe unrecorded l &.C Industrial park, zoned 'T', in Sccli0n 11, Township 49 S0u!!L Range 25 Ensl, to serve thc cxisti!n~.
business on LOtS 22 and 23, J ~. C lndustriol Park, zoned 'T', which is located on the n0rlh side 0f ¢orp0rafi0n Beulevard, ~t of
Airpprl-Pulling Rgad {C.R. 31). (Companio, Io $DP-93-110B,)
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? [] Yes
113-138323-649110
Reviewed by: ,
DMsion Head Date
List Atmchmenls:
[] No if Yes, what account should be charged for advertising costs:
Approved by:
Coumy Manager Date
DISTRIBUTION INSTRUCTIONS
Ae
For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead appreval before
submitting to Count)))' Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request
for same, is submitted ~o Count)))' Attorney before submitting to County Manager. The Manager's office will distribute
copies: '
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
["] Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a colD' for file.
. Date R=ei,'ed:~O~/ Date of Public hca,ag: ~ Date ad,'eni~d: ~
Cf. ncl.uc:t~c~ ~ cove=)
111111111111111111111111111111111111111111111111111111111.111111
2~3-48~t
lillllllilllilllllilllilllllllilllllilllliilillllllilllllllllll
517 12-151 15:27 E)0o01'56
,518 12-151 16:d0 E~701'56 . 19263aF:jGa O~ 3
ELL~E ~O~FHL~ -HIh'U~S & ~
LOC~TION: C.ollter County C.o~rthouse "
~ H~'. (813) 774-8408
~HO2F~'I{O-. (813) 774-8406
December 15, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
Re: Notice of Public Hearing to consider Petition SPA-97-1
Dear Judy:
Please advertise the above referenced notice one time on Sunday,
January 25, 1998, and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
do~y S: Kuehne, Deputy Clerk
Encl.
P.O. No. 800551
l A2 '
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, FEBRUARY
10,1998, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M. The Board will consider Petition
SPA-97-1, R. Bruce Anderson, Esquire, of Young, van Assenderp and
Varnadoe, P.A., representing David & Barbara Hoover, requesting
approval of shared parking on Lots 26 and 27 of the unrecorded J & C
Industrial park, zoned "I", in Section 11, Township 49 South, Range 25
East, to serve the existing business on Lots 22 and 23, J & C
Industrial Park, zoned "I" which is located on the north side of
Corporation Boulevard, west of Airport-Pulling Road (C.R. 31).
Companion to SDP-93-110B.
Ail interested parties are invited to attend, to register to speak and
to submit their objections, if any, in writing, to the Board prior tO
the public hearing.
Any person who decides to appeal a decision of the 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.
BOARD OF COUNTY COM/~ISS!ONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRM~
D%;IGHT E. BROCK, CLERK
By: /s/Jody S. }[uehne,
Deputy Clerk
(SEAL)
December 15, 1997
R. Bruce Anderson, Esquire
Young, van Assenderp and Varnadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
Re: Notice of Public Hearing to consider a Petition SPA-97-1
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, February 10, 1998, as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, January,
25, 1998.
You are invited to attend this public hearing.
Sincerely,
Jody S. Kuehne, Deputy Clerk
Encl.
cc: Daniel & Barbara Hoover
13A2
December 15, 1997
Daniel & Barbara Hoover
2452 J & C Boulevard
Naples, FL 34109
Re: Notice of Public Hearing to consider a Petition SPA-97-1
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, February 10, 1998, as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, January,
25, 1998.
You are invited to attend this public hearing.
Sincerely,
Jody S. Kuehne, Deputy
Encl.
cc: R. Bruce Anderson
13A2 '
RESOLUTION 98
RELATING TO PETITION NUMBER SPA-97-1 FOR
SHARED PARKING ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance 91-i02) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the
allowance of shared parking; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has
considered the advisability of shared parking as shown on the attached
plot plan, Exhibit "A", in an "I" zone for the property hereinafter
described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 2.3.5.6,
Section 2.7.5, and Division 3.3, of the Land Development Code for the
unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that the petition filed by R. Bruce Anderson,
Esquire of Young, van Assenderp & Varnadoe, P.A., representing Daniel
and Barbara Hoover with respect to the property hereinafter described
as:
Exhibit "B"
be and the same hereby is approved for shared parking as shown on the
attached plot plan, Exhibit "A", of the "I" zoning district wherein said
property is located.
13A2
BE IT RESOLVED that this Resolution relating to Petition Number
SPA-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
r]c~ie M. Student
Assistant County Attorney
I
EXHIBIT
lo.
AIRI°OT-PUI*I*IN~ ROAD
LOT5 22 AJ~ 23 Ol~' Tt'JE
J 4- C, I~DUSTRtAL i='.4,R~ LTI'IG ~
NC~i'HEAST QI. Z4,RTEX OP' 5EGTI~I
TOWHSt"I~ 4~1 5~JTH. RANC, E 25 EAST.
Exhibit "B"
SHARED PARKING AGREEM~NT ~ ~A -- ~
This Agreement is made and entered into this day of
, 1998, by and between Daniel P. and Barbara Hoover,
owners of the property where Teo's Restaurant is located
("Petitioners"), Thomas F. Hadinger, the owner of property upon
which shared parking facilities will be located ("Property Owner");
and the Collier County Board of County Commissioners sitting as the
Collier County Board of Zoning Appeals (the "Board").
RECITALS
WHEREAS, Petitioners are the agent for Teo's Restaurant,
{hereinafter the "Subject Property"), more particularly described
as follows:
Lots 22 & 23 J&C Industrial Park an unrecorded Subdivision
Section 11, Township 49 S., Range 25 East, Collier County,
Florida;
and
WHEREAS, Teo's Restaurant which has one hundred and fifty
(150) seats and forty eight (48) parking spaces on the Subject
Property, would be required to have an additional 27 parking spaces
under the applicable minimum parking ratio listed in the Collier
County Land Development Code ("LDC"); and
WHEREAS, the LDC pursuant to Section 2.3.5, defines two types
of shared parking, joint and/or leased; and
WHEREAS, the Petitioners are requesting shared parking where
credited yarking space on the lot which is served by said parking
exceeds that which f~ required by Section 2.3.14 of the Land
Development Code; and
WHEREAS, it is not practical to provide all of the required
parking in accordance with Section 2.3.14 of the Collier County
Land Development Code on the subject property due to the physical
constraints of the subject property; and
WHEREAS, the Petitioner wishes to operate shared parking
facilities on land more particularly described as:
Lots 26 & 27 J&C Industrial Park an unrecorded Subdivision
Section 11, Township 49 South, Range 25 East, Collier County,
Florida;
and
WHEREAS, the proposed shared parking will provide 27 spaces
which will meet the otherwise required parking for the Subject
Property; and
WHEREAS, Petitioner also requested and received an
Administrative Determination under Section 2.3.9 of the Collier
County Land Development Code that the applicable minimum parking
ratio listed in the Land Development Code should not be applied to
the Subject Property subject to conditions set forth in the
Administrative Determination letter, a copy of which is attached
hereto and incorporated by reference herein as Exhibit "B"; and
WHEREAS, the Board has passed Resolution No. 98-__ relating
to Petition SPA-97-1, approving the proposed shared parking subject
to the conditions set forth below.
NOW, THEREFORE, in consideration thereof, the Petitioners
Daniel and Barbara Hoover, and Thomas F. Hadinger, the owner of the
property upon which the shared parking facilities will be located
and the Collier County Board of County Commissioners sitting as the
Collier County Board of Zoning Appeals agree:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed shared parking area shall never be
encroached upon, used, sold, leased, or conveyed for any purpose
except as provided in the "Lease Agreement Shared Parking Lease"
attached hereto and incorporated by reference herein as Exhibit
3. The Board heresy ratifies and approves the Administrative
Determination attached hereto and incorporated by reference herein
as Exhibit "B", and finds that the minimum parking ratios of the
LDC should not be applied to the Subject Property, and that upon
expiration of the Lease Term or cancellation or termination of the
Lease, replacement of the twenty-seven (27) leased parking spaces
is not required; prcvided however said finding is subject to review
and potential revocation if either one of the following events
should occur:
A. There is a change in the Occupational License
classification Codes from 02000004 and 02000005 for
the use of the subject property whereby the
intensity of use is increased, or the number of
seats is increased to more than 150; and/or
B. There are complaints filed by the Sheriff's Office
and/or verifiable complaints filed by the
surrounding property owners of illegal parking by
patrons of the Restaurant.
4. Petitioners shall bear the expense of recording this
Agreement with the Clerk of the Circuit Court which shall bind the
property owner and his heirs, successors and assigns.
5. That all of the requirements for a Board of Zoning
Appeals determination for shared parking have been met.
6. This Agreement supersedes and modifies any prior parking
agreement which may have been executed between the Board and the
then or current owner of the Subject Property.
7. This Agreement shall remain in full force and effect for
the ten (10) year term set forth in the Lease attached as Exhibit
"A", or unless earlier terminated by the Board, or as provided in
the Lease.
8. This Agreement shall be voided by the Board if other off
street parking facilities are provided in accordance with the
requirements of Division 2.3, LDC.
9. ?hat upon failure to conform to any of the provisions of
this Agreeuent, this Shared Parking Agreement shall become void and
of no effect and the Petitioner shall be required to conform to all
zoning regulations fo~ required parking as contained in the Collier
County Land 5evelopment Code.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first above written.
ATTEST: BOARD OF ZONING APPF~ALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Witnesses:
Barbara B. Berry, Chairman
PETITIONER
Daniel P. Hoover
State of Florida
County of Collier
13A-2
The foregoing Parking Agreement was acknowledged before me
this day of , 1998 by Daniel P.
Hoover who is personally known to me or has produced
as identification.
Witnesses:
Notary Public
Printed, T~ed or Stamped Name
PETITIONER
Barbara Hoover
State of Florida
County of Collier
The foregoing Parking Agreement was acknowledged before me
this day of , 1998 by
who is personally known to me
or has produced as
identification.
Notary Public
Printed, Typed or Stamped Name
Witnesses:
OWNER OF LAND UPON WHICH SHARED
PARKING FACILITIES TO BE LOCA'~'~u
Thomas F. Hadinger
State of Florida
County of Collier
The foregoing Parking Agreement was acknowledged before me
thls day of , 1998 by Thomas F.
Hadinger ~!~o is personally known to me or has produced
as identification.
Approved as to Form
and Legal Sufficiency:
Notary Public
Printed, Typed or Stamped Name
Marjorie M. Student
Assistant County Attorney
6*rba\rest rcov. rev
13A2 '
Naptes Patty News
Haptes, FL 33940
Affidavit of Publication
Naples Daily Ne~s
BOARD OF COUHTY COHHZSS~ONERS
ATTN: IIAIICY SALOGUB
PO BOX 413016
NAPLES FL 3&101-3016
REFERENCE: 001230 800551
57628142 NOTICE OF PUBLIC HEA
State of FLorida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as the Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising vas published in said
newspaper on dates Listed.
Affiant further says that the said r/aples Daily
Ne~s is a newspaper published at Naples, in said
Collier County, FLorida, and that the said
newspaper has heretofore been continuously
published in said Collier Cour, ty, Florida, each
day and has been entered as second class mai[
matter at the post office in Itap[es, in said
Cotlier County, Florida, for a period of I year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or coporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication Jn the said newspaper.
PUBLISHED ON: 01/25
NOTIC~
ra.~t.Z:
~ ~ TUESOAY
FE~U~Y
~ ~, ~d FI~
C~I~ C~ ~n-
~ C~er, 3~I
~ omi Trall~
AnderSon, EsQuire, of
Y~g, vo~ Asse~der~
~ ~ & ~a
~, r~tl~
~ J & C I~
L~ 22 ~
~ P~,'z~ "r'
~e
~d ~ to
~ ~d ~fl ~ a r~
~e ~ o v~m
r~d ~ ~ ~1~
BOARD OF COUNTY
COMManDOS
COLLIER COUNTY,
FLOR~A
TIMOTHY L HA~,
CHAIR~N
DWIGHT E. BROCK,
C~RK
B~ /s/ Jetty [ Kuetme,
AD SPACE: 68.000 INCH (l~)Oerk
FILED ON: 01/26/98 Jan. 2S No. 1122926
Signature of Affiant ~
Sworn to and Subscribed before '~e t.is 2' / day of .~P,. 19_Z.'~
Personally known by me //' / '~' ~' ~ '~ ~, - ,;, t
Date:
To:
From:
Re:
March 6, 1998
Johnnie Gebhardt, Administrative Secretary
Community Development
Ellie Hoffman, Deputy Clerk
Minutes & Records
Resolution 98-38 and Shared Parking Agreement for
Teo's Restaurant
Enclosed please find one copy of the above referenced
documents, Agenda Item #13A2, approved by the Board of County
Commissioners on February 10, 1998.
The original shared parking agreement is being retained in
Minutes and Records until the property owner desires to have
the document recorded.
If you should have any questions, or if I can be of further
assistance, please do not hesitate to contact me.
Thanks.
Enclosures
RESOLUTION 98- 38
l A2
RELATING TO PETITION NUMBER SPA-97-1 FOR
SHARED PARKING ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance 91-102) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the
allowance of shared parking; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has
considered the advisability of shared parking as shown on the attached
plot plan, Exhibit "A", in an "I" zone for the property hereinafter
described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 2.3.5.6,
Section 2.7.5, and Division 3.3, of the Land Development Code for the
unincorporatec area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in oublic meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS cf
Collier County, Florida, that the petition filed by R. Bruce Anderson,
Esquire of Young, van Assenderp & Varnadoe, P.A., representing Daniel
and Barbara Hoover with respect to the property hereinafter described
as:
Exhibit "B"
be and the same hereby is approved for shared parking as shown on the
attached plot plan, Exhibit "A", of the "I" zoning district wherein said
property is located.
BE IT RESOLVED that this Resolution relating to Petition Number
SPA-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~' day of
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Approved as to Form and Legal Sufficiency:
Marjo~ie M. Student
Assistant County Attorney
f/SPA-97-1 RESOLUTT ON/
· I
EXHIBIT
.~'tg
i'l,,
238.24'
AIRPOT- PULLINT, ROAD
Legal Descr~tlom
LOTS 22 ~ 2.3 Of' TIlE ~~
J + C, ~DUSTRI,4L P,4I~ LT~IG JV TI'IE
N~ST QUARTER OF 5EC, TION' 2I.
TOV/NSt~ 4q 50UTlt RANC, E 25 EAST.
Exhibit "B"
SHARED PARKING AGREEM~qTT
This Agreement is made and entered into this .~>' day of
/~z~'w~-~.~ , 1998, by and between Daniel P. and Barbara Hoover,
owners //of the property where Teo's Restaurant is located
("Petitioners"), Thomas F. Hadinger, the owner of property upon
which shared parking facilities will be located ("Property Owner");
and the Collier County Board of County Commissioners sitting as the
Collier County Board of Zoning Appeals (the "Board").
RECITALS
WHEREAS, Petitioners are the agent for Teo's Restaurant,
{hereinafter the "Subject Property"), more particularly described
as follows:
Lots 22 & 23 J&C Industrial Park an unrecorded Subdivision
Section 11, Township 49 S., Range 25 East, Collier County,
Florida;
and
WHEREAS, Teo's Restaurant which has one hundred and fifty
(150) seats and forty eight (48) parking spaces on the Subject
Property, would be required to have an additional 27 parking spaces
under the applicable minimum parking ratio listed in the Collier
County Land Development Code ("LDC"); and
WHEREAS, the LLC pursuant to Section 2.3.5, defines two types
of shared parking, joint and/or leased; and
WHEREAS, the Petitioners are requesting shared parking where
credited parking space on the lot which is served by said parking
exceeds that which is ~'equired by Section 2.3.14 of the Land
Development Code; and
WHEREAS, it is not practical to provide all of the required
parking in accordance with Section 2.3.14 of the Collier County
Land Development Code on the subject property due to the physical
constraints of the subject property; and
WHEREAS, the Petitioner wishes to operate shared parking
facilities on land more particularly described as:
Lots 26 & 27 J&C Industrial Park an unrecorded Subdivision
Section 11, Township 49 South, Range 25 East, Collier County,
Florida;
and
W~EREAS, the proposed shared parking will provide 27 spaces
which will meet the otherwise required parking for the Subject
Property; and
WHEREAS, Petitioner also requested and received an
Administrative Determination under Section 2.3.9 of the Collier
County Land Development Code that the applicable minimum parking
ratio listed in the Land Development Code should not be applied to
the Subject Property subject to conditions set forth in the
Administrative Determination letter, a copy of which is attached
hereto and incorporated by reference herein as Exhibit "B"; and
WHEREAS, the Board has passed Resolution No. 98-38 relating to
Petition SPA-97-1, approving the proposed shared parking subject to
the conditions set forth below.
NOW, THEREFORE, in consideration thereof, the Petitioners
Daniel and Barbara Hoover, and Thomas F. Hadinger, the owner of the
property upon which the shared parking facilities will be located
and the Collier County Board of County Commissioners sitting as the
Collier County Board of Zoning Appeals agree:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed shared parking area shall never be
encroached upon, used, sold, leased, or conveyed for any purpose
except as provided in the "Lease Agreement Shared Parking Lease"
attached P~reto and incorporated by reference herein as Exhibit
3. The Board hereby ratifies and approves the Administrative
Determination attached hereto and incorporated by reference herein
as Exhibit "B", and finds that the minimum parking ratios of the
LDC should not be applied to the Subject Property, and that upon
expiration of the Lease Term or cancellation or termination of the
Lease, replacement of the twenty-seven (27) leased parking spaces
is not required; provided however said finding is subject to review
and potential revocation if either one of the following events
should occur:
A. There is a change in the Occupational License
classification Codes from 02000004 and 02000005 for
the use of the subject proDertv whereby the
intensity of use is increased, or the number of
seats is increased to more than 1507 an~7or
B. There are complaints filed by the Sheriff's Office
and/or verifiable complaints filed by the
surrounding property owners of illegal parking by
patrons of the Restaurant.
4. Petitioners shall bear the expense of recording this
Agreement with the Clerk of the Circuit Court which shall bind the
property owner and his heirs, successors and assigns.
5. That all of the requirements for a Board of Zoning
Appeals determination for shared parking have been met.
6. This Agreement supersedes and modifies any prior parking
agreement which may have been executed between the Board and the
then or current owner of the Subject Property.
7. This Agreement shall remain in full force and effect for
the ten (I0) year term set forth in the Lease attached as Exhibit
"A", or unless earlier terminated by the Board, or as provided in
the Lease.
8. This Agreement shall be voided by the Board if other off
street parking facilities are provided in accordance with the
requirements of Division 2.3, LDC.
9. That upon failure to conform to any of the provisions of
this Agreement, this Shared Parking Agreement shall become void and
of no effect and the Petitioner shall be required to conform to all
zoning regulations for r~quired parking as contained in the Collier
County Land Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Barbar~'B. Be~y, _,t~-_~n
Daniel P. Hoover
State of Florida
County of Collier
The foregoing Parking Agreement was acknowledged before me
this jlm day of /;iL~0/; , 1998 by Daniel P.
Hoover, who is personally
known to me or has produced
as identification.
NotaT¥ Publ±c
Printed, Typed or Stamped Name
Witnesses:
· l
'1' ~"'~ / ?I'
Signature
Prih~ame
PETITIONER
Ba t'~h~a:' 'HSOv
State of Florida
County of Collier
The foregoing Parking Agreement was acknowledged before me
this .:,~ day of /.; 2~. ~q ~ , 1998 by
.,/~.,.C~,~t?~ ,<,,'(~'~/-' who is personally known to me
or has produced ~'c/~ ,~).L"'/{.,eZ't (. /U~,-$~ as
identification.
Witnesses:
Siqnature (..~.1 ' '
Printed Name
S~nature
Printed Name
Notary Public
Printed, Typed or Stamped Name
OWNER OF LAND UPONWHICH SHARED
PARKING FACILITIES TO BE LOCATED
Thomas F. Hadinger
State of Florida
County of Collier
The foregoing Parking Agreement was acknowledged before me
this ." day of "-" '?' , 1998 by Thomas F.
Hadinge~ who is personally k~own to me or has produced
as identification.
Approved as to Form
and Legal Sufficiency:
Marj~rie M. Student
Assistant County Attorney
f'rba',re~t rc~v
~ f-z,-' / "-
Notary Public
Printed, Typed or Stamped Name
OR: 2403 PG: 3334
LEASE AGREEMENT
SHARED PARKING LEASE
This lease is made and entered into on this 26thday Of February , 19~__8, by and
between Thomas F. IIadinger and lIadinger Carpets, Inc., or their successors (hereinafter
called "Landlor&), whose address is 6401 Airport-Pulling Road North, Naples, FL 34109, and
Teo's Restaurant (hereinafter called 'Tenant'), whose address is 2452 J & C Blvd., Naples,
FL 34109. The Landlord and Tenant hereby mutually covenant and agree as follows:
1. Definitions
Property at 6405 Airport-Pulling Road North. Naples, FL 34109, and legal described as
Section 11, Township 49, Range 25, commencing at the W I/4 comer along the W line N
1829.95 ft., E 5072.60 ft., to the Point of Beginning, North 173.16 ft., E 241.18 ft., to the
westerly right-of-way, S.R. South 31, along the right-of-way S 173.23 ft., W 236.10 feet to the
Point of Beginning, which is the northwest comer of Airport Road and J & C Boulevard, the
address of which is 6401 Airport-Pulling Road North, Naples, FL 34109.
2. Location and Grant
For the rent and upon the agreements contained in this Lease, Landlord leases to Tenant
and Tenant rents from Landlord the southwest 27 parking spaces, which front J & C Boulevard
at the comer of Airport Road, Naples, Collier County, Florida and commencing at the most
westerly parking space on .i & C P, oalevard proceeding east to Airport Road thence north along
and facing Airport Road.
3. Term and Commencement
Term: The initial term of this Lease shall be for a period of ten (10) years and shall
commence on the 1st day of September, 1997, (the "Term Commencement Date"), and shall
EXHIBIT "A"
OR: 2403 PG: 3335
terminate 31st day of August, 2007, (the "Termination Date"). This Lease is renewable by
Tenant on no less than three (3) months' notice from Termination by Tenant on tach terms as
are necessary and agreeable.
4. Rent
a. Except as otherwise provided herein. Tenant does hereby covenant and agree to
pay the l.andlord, beginning on the Term Commencement Date and in lawful money of the
United States, without demand or deductions, at I.andlord's address set forth above, or at such
other place or other party as landlord may from time to time direct in writing, the following
which are collectively referred to hereinafter as "Rent', plus any and all sales tax due thereon
under Florida law, which provided that sales tax must be paid on all amounts paid by the Tenant
to the Landlord hereunder.
b. During the Term of this Lease, Tenant shall pay to Landlord a Basic Annual
Rental ("Rent~) of SI0.00 per month per parking space, hence $270.00 per month.
c. This lease is cancelable by either party on 90 days written notice to the addresses
above.
Parkin~ Spaces
These parking spaces may be used only after 5:00 p.m. If required by Collier County,
Tenant may erect a sign on the Property identifying the parking spaces for the use of Tenant's
guests and invitees.
6. Insurance
Tenant agrees to carry liability insurance covering the leased premises in the amount of
One Million Dollars ($1,000,000.00) naming Landlord as an additional insured. Tenant agrees
-2-
OR: 2403 PG: 3336
to cover any and all legal fees and judgments that may be incurred by Landlord as result of any
incident or damage occurring as a result of the use of these parking spaces by Tenants that may
cause Landlord to be sued or incur legal expenses.
The parties hereto have signed this instrument on the date first written above.
WITNESSES:
Si~an'amre .
Printed Name
Printed Name
Thomas F. lladinger
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing imtrument was
]::.&b £une); , 19'__~,~}~ by
known to me, or -- who has produced
identification.
acknowledged before me this ~d~ day of
t//;~/w'6 ~/%.- , who is ,-' personally
as
Public
~.
Printed Name of Notary
Notary Public - State of Florida
Commission No.: ¢
-3-
fill --- -- IIIIII I
Sigfcture
Printed Name
Printed Name
OR: 2403 PG: 3337
HADINGER CARPETS, INC.
Thomas F. Hadinger, President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was
Fe b,e,~ ,~re,/ ,19?,¢',by 7"//om n5
of Itadinger'carpetsT]nc. who is t.-"
acknowledged before me this ,:,.7~ day of
/'///a/m 6 ~n.._ ,as ?,eL: ~'
personally known to me, or
as identification.
S~r~/mre of Notary Public
~rinted Name of Notary
Notary Public - State of Florida
Commission No.:
who has produced
OR: 2403 PG: 3338
Sit,nature
Printed Name
S i g natu_L.t.t.t.t.t.t~g.r
Printed Name
TEO'S RESTA~
t~ ^utlionzed Representanve
~-cc~9/~ Joseph DiMassimo
Printed Name of Authorized Representative
STATE OF FLORIDA
COUNTY OF COLLIER
Thc foregoing instrument ,,,,'as .acknowledged
known to me, or ~ who has produced
identification.
before me this ,,2'~e/ day of
, who is ,'"' personally
as
$ig ._n~3a4 ~Notary Public
Printed Name of Notary
Notary Public - State of Florida
Commission No.: (Z a' .5' 76. ,,/3..
2*t~sL~harc-pk g.lse
-5-
COI,I,IER
OR: 2403 PG:
3339
COMMUNqTY DEVELOPMENT
EI~.'vIROhLME.N-rAL SERVICES DMSION
PLANNLN G SERVICF_~
January 30, 1998
2800 NOR'I~I HORSESHOE DRIVE
NAPLE3, FLORIDA 34104
R. Bruce Andexson, Esq.
Young, vanAs~nderp, Va,mxdoe
801 Laurel Oak Drive, Suite, 300
Naples, Florida 34108
'feo's Restaurant, Petition No. SPA-97- I;
of Mmlmum Parking Requ/rcmcnls
Dear Mr. An&~rson:
Administrative Dctcrmir~tion of Lnapplicability
This letter is in reply to your offginal ,rxiuc~ filed wi~h Petition No. SPA-97-1, and your
correspondence dated .lanuary 16, 199g, -dm. rein you requested un A,'l,-~nistrative Determin~on
under ~2.3.9 of the Collier County Land Development Codc th~ tl~ applicable rni-;mum parking
ratio hsted in the Land Devclopmcnt Code ~hould not bc spplicd to Teo's Rest~umn! I~ at 2452
$ & C Boulevard. I find, based on the foLlow/ng evidence, that Teo', Restaurant with. maximum of
150 seats is of such a tmique nature that the applicable rn~-;,nnm parld%o ratio listed in the Land
Development Code should not be applied:
Thc Restaurant's locag'ion wholly within an industrial tmrk and does no~ front on any County
co[lector or arterial roadway;,
Th~ eor:e~pondence you provided with the Petition No. SPA-97-1 from seven surro,u, rlittg
property owners, and the Collier County Sheriffs Office attesting to th~ fact that there lmve
been no parking problems ~t Tco's Resta~ant in accommodating its pamm~ v.,ith the
existing 48 on-sim parking spaces;
Thc pm&lng survey for the m~bject property that was provided with your lmmary I6, 199g
correspondence which demonstrates that the on-site 48 parking qmees ~re sttf'fieient;
The fact that the County voided a prior off-site paxki,g agreement approval for Teo's
Restamm~ a~d an abutting property owner, appmx~m~.,ly 2 ½ years roger k waz app~o¢cd
(9¢1) 403-2400 Natursl llezources (941) 732-2505
¢94I) 403-2440 Planning Service~ (941) 403-Z300
(941) 403-23.30 Pollution Control (941} 732-2~2
Building Revie~ & Permictta/~
Code E~f0rcexnen t
Ho~tsmg & Urban Improvement
EXHIBIT "B"
*** OR: 2403 PG: 3340 ***
.Mr. indcl-son
.larrumy 30, 1998
Pagc Two
by the Coumty Commission, due to defects in thc prior off-site par~inE approval which
caused enforcemem ami implememation problems for the County with th~ a~ ov~ers;
Dxtdng that appr~dmately 2 ~ year period whea the prior off-ske parking approval w~ in
place but not implcmeated, Teo's ha~ ac. commodated pa~ona at its 150 seat restauram with
48 on-site parking spaces without any parking problem.
If Petition No. SPA-97-1 is approved Tco's R.cstaurant would become registered with the County's
Occupalional Licensing Dc-partmemt m~d~r two restaurant classifications, as a restaurant with 150
seats (Occupatiotml License Code No. 02000004), amd restaurant carry out (Oecupatiomal License
Code No. 02000005). If either one of thc following cv~txt~ should occ~, this admi~i$trdliv~
det~i~i;rmtiota thai the rn~nimtlm padiillg cat/os of' thc Code should ncrt be applied, is subject to
pzview and potential revocation:
There is a change in the Occupal~oaal License Classification Codes fi'om 02000004 and
02000005 for the usc of Cae subject propert~ whereby the iniensity of has in ~, or th~
number of'seats is increased to more fha. 150; amd/or
There ere complainls filed by the Sheri~s Office and/or verifiable e. on~lainta filed by
surrounding prope~t7 owners of illegal parking by patrons ofttm Restam-am.
You have advi$cd mc in yaw co~adeuc~, that in connection with tim County Commission's
considm-ation of Petition No. SPA-97-1, that you will ask the Coumy Commimdon to ratify thc
aa~,;~istrative de~inat/ou set for~ in ~i.q letter, a~d approve tho off-ait~ parki~ p~ition without
t~ah~on of ih,., off'-aite pm'king ]rase term, or in the event ~ off-ai~ paring lea$~ is ruled or
terminated. Pica~ be advised tha ml, offic~ has ma objection to yom' t'eXlUe~t, provided that th~ two
potemlal review and rewca~n coad~tiona arc iacluded in th~ re$ohttion that would waive that
o.'herwis¢ al~lieable requh~t.
Sj_n~rely yours,
Donald W. Arnold, AICP
Plam~g Services Depanznent Director
FEB-03-1998 136: 3B 9~16436968 P. 83
RESOLUTION NO. 98- 39
A ?ESOLUTION AMENDING RESOLUTION 93-138 FOR
THE PURPOSE OF DELETING THE STIPULATION
PLACIIIG A FIVE (5) YEAR EXPIRATION ON A
CO~;DiTi,ONAL USE FOR AN ASPHALTIC CONCRETE
BATCH PLANT UNLESS OTHERWISE EXTENDED BY
ACTION OF THE BOARD OF ZONING APPEALS AND
SUBSTITUTING THE STIPULATION WITH A
?EQUIREMEIIT TO ALLOW THE CONTINUED USE OF
A£PHALT AND CONCRETE BATCH PLANT FACILITIES
FOR A PERIOD OF TIME EQUAL TO THAT OF THE
EA?TH ~IIIING ACTIVITIES, FOR PROPERTY
LOCATED IN SECTION 11, 12, 13 AND 14,
TOW:~SHi? 50 SOUTH, RANGE 26 EAST, COLLIER
COU];T'F, F[,OP T DA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246,
Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all
counties in Florida the power to establish, coordinate and enforce zoning
and such Dusiness regulations as are necessary for the protection of the
public; an~
WHEREAS, the County Fursuan[ thereto has adopted a Land Development
Code (Ordinance Ho. 91-102) which includes a Comprehensive Zoning
Ordinance establishing regulations for the zoning of particular
geographic division of the County, among which is the granting of
Conditional ~ ~
Us_s, and placing conditions thereon; and
WHEREAS, pursuant to those authorizations the Board of Zoning
Aspeals adnp%eo Resolution 93-i38 which approved a conditional use for an
Asphaltic Concrete Batch Rla~.t in the (A) Rural Agricultural zoning
district subject to the urov.sions of Stipulation "q" contained within
Stipulation "a" of said Re.~olution which placed a five (5) year
limitation on the operation of said conditional use unless renewed by
action of ~he Board of Zoning Appeals; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
cor~sidered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Cciiier County, Florida, that:
The ?etition filed by Joseph D. Bonness III of Better Roads, Inc.,
representzng Joseph D. Bonness iii as Trustee for the Willow Run Land
Trust, request[.n] an extension of time for operating said conditional use
I ,B1
by a period of time equal to that of associated earth mining conditional
use approvals be approved subject further to the following conditions:
This project remains subject to all of the stipulations
associated with Collier County Resolution No. 93-138,
Resolution No. 89-7, and Resolution No. 88-31, with the
exception that Stipulation "q" is hereby deleted and
replaced as follows:
ao
Stipulation "q": This Conditional Use may remain
in effect for as long a period of time as is
required by associated earth mining activities
including those approved by Resolution 97-393
except that the total land area of all associated
earth mining conditional uses shall not be diminished
in area by conveyance to another owner/entity other
than to a land trust for the perpetual reservation of
preserve areas or until such time as the operation
of the Asphaltic Concrete Batch Plant ceases and is
removed from the subject land.
BE IT 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 .-~.~, 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~n
Approved as to ~'orm and Legal Sufficiency:
Marjo~ie M. Student
Assistant County Attorney
f/ron/resolut ion
· '1 382
RESOLUTION 98- 40
RELATING TO PETITION NO. CU-96-1 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes comprehensive zoning
regulations for the zoning of particular divisions of the County, among
which is the granting and extending the time period of Conditional Uses;
and
WHEREAS, on April 9, 1996, the Board of Zoning Appeals enacted
Resolution No. 96-192, attached hereto and incorporated herein, which
granted a conditional use pursuant to Ordinance No. 91-102, for a church,
on the below described property; and
WHEREAS, on March 25, 1997, the Board of Zoning Appeals enacted
Resolution No. 97-190, at~ached hereto and incorporated herein, which
granted a one (1) year extension to the Provisional Use granted in
Resolution No. 97-190;
WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) year time period
for a conditional use which has not been commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The written request of Tom Peek of Wilson, Miller, Barton and Peek,
Inc., representing Naples New Haitian Church of the Nazaarene for the
second of three (3) permitted one (1) year extensions, in interest of the
following described property:
Lot 99, Naples Grove & Truck Co., Little Farm #2, as recorded
in Plat Book 1, Page 27, of the Public Records of Collier
County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development
Code (Ordinance No. 91-102), and the expiration date for Resolution No.
96-192, attached hereto and incorporated herein as Exhibit "A", and all
conditions applicable thereto, is hereby extended for one additional year
until April 9, 1999.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this /d~ day of --~c~~ , 1998.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, C~ERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/CU- ~6-1 E>,t ension
~ESOLUTION 97-..190
RELATING TO PETITIO:; NO. CU-96-1 FOR
EXTEl;SION OF CONDiTiONAL USE OF PROPERTY
HEREINAFTER DESC~.iBED 1:r COLLIER COUNTY,
FLORIDA
1382" '
WHEREAS, [he Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes comprehensive
zoning regulations for the zoning cf particular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
WHEREAS, on April 9, 1996, the B&ard of Zoning Appeals enacted
Resolution No. 96-192, attached hereto and incorporated herein, which
granted a conditiopal use pursuant to Ordinance No..91-102, as amended,
for a church, on the below described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1] year time
perio~ for a conditional use which has not been commenced;
-- ~' '~'=~ ty the
~;OW, THEREFOPE == IT R-~O, .... BoarC of Zonlnq Appeals of
Collier County, Florida that:
The written request of BarDara Cawley cf Wilson, Miller, Barton
and Peek, l".c., representing Naples New Haitian Church of the Nazaarene
for ~he first sf three (3) permit:ed one Ii) year extensions, in
interest cf the following descrlbed property:
Lo~ o~, Naples Grove ~ Truck Co., Little Farm #2, as recorded
in Pla~ Book 1, Page 27, cf the Public Records of Collier
County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 96-192, attached hereto and incorporated herein as
-1-
1 382"'
Exhibit "A", and all conditions applicable thereto, is hereby extended
for one additional year until April 9, 1998.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this . ,~.J"- day of .~'"~..,~...~. , 1997.
ATIES'T:
DWIGHT E. B~ocK.;,CLERK
BOAAD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
,- j,z ~u~c~:, CHA~f~
APP D AS TO FO~ AND LEGAL SUFFICIENCY:
?OkRJOR~}E M. S?UDENT
ASSi$T~2;T COUNTY ATTGRRNEY
-2-
RESOLUTION 9~- 192
1382'
A RESOLb~ION PROVIOING FOR THE ESTABLISHMENT
OF A tHURCH, CONDITIONAL USE 2, IN THE "RSF-3"
ZONIHG DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50
SOUTH., ~NGE 25 EAST, COLLIER COUNTY, FLORIDA.
~HEREAS, 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
p~otection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a Compreh~nsive
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 "2" o
Section'2.2.4.3. in an "RSF-3" zone for a church on the property~
hereinafter described, and has found as a matter of fact (Exhibit "A")
tha~ 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 P%anning Commission; and
WHEREAS, all interested parties have been given opportunity to
heard k', this Board in a public meeting assembled and the Board herin{
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Barbara H. Cawley, AICP, of Wilson, ~iller
Barton & Peek, Inc., representing the Naples New ~aitian Church of th
Nazarene with respect to the property hereinafter described as:
'1-- '
Lot 99, l~aples Grove G Truck ¢o., Little Farm f2, as recorded
in Plat Book 1, ,Page 27, of the Public Reco=ds of Collie~
county, Florida.
be and the same is hereby approved for Conditional Use 2 of SectiOn'
2.2.4.3 of the "RSF-3" zoning district for a church in accordance with
the Conceptual Master Plan (Exhibit "B") and subject to the following
conditions: ,
1. Arterial 1&vel street lighting shall be provided at both
access points prior to the issuance of any Certificates
of Occupancy.
2; The church shall be responsible for both northbound and
southbound turn lanes from Bayshore Drive into the
property'when requested by Collier County. The
northbound right turn lane may, however, be deferred
until further site-specific traffic analysis indicates
the need for the turn lane is present.
3. The southbound left turn lane should be a requirement of
the buildout development. If further traffic analysis
indicates the need for the left turn lane before the
second phase of development, the second phase should be
dependent upon the turn lane being in place prior to ~he
issuance of building permits for the second phase. If
the turn lane is not required until buildout, it shall
be required to be in place prior to the issuance of any
Certificate of Occupancy for the second phase.
The applicant shall confirm a positive drainage outfaill,
and the adequacy thereof, for purposes of project
buildout. Should the drainage Duffel1 require capacity
improvements, the benefiting parties shall incur a f~r ..
share cost of such improvements. I~ ,
Environmental permitting shall be in accordance ~lth the
State of Florida Environmental Resource Permit rules and
be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotics shall
not be required east of Constitution Drive unless
required in the wetlands in accordance with SFWMD
permit.
Environmental permitting shall be in accordance with the
State of Florida Environmen=al Resource Permit Rules and
be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotic
vegetation shall be in accordance with the Collier
County Land Development Code.
~rior to Final Site Development Plan approval the
Petitioner shall submit a management plan pursuant to
Collier County Land Development Code, Section
All conservation areas shall be recorded on the plat
with protective covenants per or similar to Section
704.06 of the Florida Statues. Conservation areas shall
be dedicated on the plat to the project's owner
entity for ovrnsrship and maintenance responsibllities
and to Collier County with no responsibility for
maintenance.
Buffer zones will be placed around wetlands'in
accordance with South Florida Water ~anagsment
requirements. . ...
lO. Prlor to final Site Development Plan approval the1
petitioner,shall supply a letter from U.S. Fish an~
Wildlife Services (USFW$), indicating that the bald
eagle nest which was located to the west of the property
is no longer being used.
I
11. The petitioner shall supply an appropriate wildlife
habitat uanagement plan as required by the U.S. Fish and
Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish, Ccnnission (FGFNFC) in relation to the bald.~
eagle nest located to the west of the property, prior to
an approvak of any final development order.
12. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservation areas, shall
be submitted to Current Planning Environmental Review
Staff for review and approval prior to final site
plan/construction plan approval. The exotic removal
plan may be ~hased as approved by Current Planning
Environnental Staff.
13. Site lighting shall be directed to surface areas to be
illuminated in such a ~anner as not to cause a glare fo
adjacent property owners. ·
14. Security lighting shall be provided on all parking areas
and innediate environs of the building.
BE IT FURTHER RESOLVED that this Resolution be recorded in!the
minutes of this ~oard.
Commissioner ~ac'Kle
offered the forego£ng
Resolution and moved for its adoption, seconded by Commissioner
Constantine and upon roll call, the vote was:
AYES: Commissioner ~a¢'Kie, Commissioner Constantine, Commis~£oaec Man
Commissioner Ma~thews and Commissioner Norris
}lAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this 9th day of April , 1996.
BOARD OF ZONING APPEALS
'. ..,' , ~:' ;, (, ~ ,, ~' '~,~,
'.. ...~' ..... .;. ,~
i~' .-" "" ."] ~'~.'".< %
.'. ,~T~'EST: ""F ~' "~,, :"-
'' hWIGHT'E BR~)CK'; ~CI~ERK
: .:"~W~'~.. · · '; ~. · -,
'' ' ''' ' ' ' ' : ND
.---_'_'_'_'_'_'_'~. 'A'P.F'P. OVED AS TO 'FORM A
-'h ':' LEGAL
~OR.1E M. STUDENT
" ASSISTANT COUNTY ATTORNEY
CU-96-1 RESOLUTION/16482
COLLIER COUNTY, FLORIDA
C. NORRIS, CHAIR~MANi
FINDING OF FACT
BY
COLLIER COU~TY PLA3;NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
PETITION NO. CU-96-1
13B2
The following facts are found:
Section 2.2.4.3.2 of the Land Devlopment Code authorized
the conditional use.
Granting the conditional use will not adversely affect ..~
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because ~f:
ae
Consistency with the Land Development Code and
Growth ManagementYes P~No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~// No
Affects neighboring properties in relation to
nois~ glare, economic or odor effects:
u/ No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within ~istrict
Yes L/ No
Based on the above findings, this c~nal use should,
with stipulations, (copy attached) ~_~houl_.d)not) be
recommended for approval _~,u!.f ~
FINDING OF FACT CHAIRMAN/
EXHIBIT "A"
I:
NAPLES HAITIAN CHURCH
OF THE [IAZARENE
CONEXT1ONAL USE SITE PLAN
16A2 ·
F;roje(~t:' Shellabarger MHP
Prepared Without Examination of Title
By: Lois Nichols, Real Property Specialist
Real Property Management Department
3301 Tamiami Trail East
Naples, FL 34112
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this / ~,,'~ day of ~C_¢k~l'X,l', 19(j"J by ROBERT
SHELLABARGER and ERVENE L. SHELLABARGER, Husband and Wife, (hereinafter called
the Grantor) to COLLIER COUNTY, a political subdivision of the State of Flodda, its successors
and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives, successors, and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release, and quitclaim unto the Grantee forever, all the right, title, interest, claim, and
demand which the Grantor has in and to the following described lot, piece of parcel of land situate,
lying and being in Collier County, Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof.
Subject to easement, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging to or in anywise appertaining, and all the estate, dght, title, interest, lien,
equity, and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit
and behoof of the Grantee forever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year first above written.
WITNESSES:
Witness (Signature)
Name:
(Print)
Witness (Signature)
Name:
(Print)
Robert Shellabarger
2902 Immokalee Drive
Immokalee, FL 34142
Witness (Signature)
Name:
k (Print) '
Withe s"~(~ig natu re), ......
Name: (,~\' tT~,(
Ervene L. Shellabarger J
2902 Immokalee Drive
Immokalee, FL 34142
Quitclaim Deed
Page 2
STATE OF '¥"[r,~( ~,(~('~J
COUNTYO-F (;r'_
1997,
The foregoing Quitclaim Deed was acknowledged before me this I (,,'-,~
by Robed '
Shellabarger, who is personally known
as identification.
( Notarial Seal )
II ~,?,;-~, ,;t~ ',,'~,~J: l~lru~'y I!, I~ Il
· day of
to me or who has produced
NoJary 15ubl~ ~, -- <"
(Print Name) L,.'~4(~'LC,~, [Of(C.-)
Serial No... L~
My Commission Expires: ~_.
STATE OF
COUNTY OF (_O ~_~ ~.~ ~-'
1997,
The foregoing Quitclaim Deed was acknowledged before me this I.~. day of ~.f)~.ml~r.
by Ervene L. Shellabarger, who is personally known to me or who has produced
as identification.
N°larY Public(h _ . _ ---r-_ ~_ (,
(Print Name) ~~ ~_ [~((~_~
Serial No. ~ q C~C~( ~
My Commission Expires: ~' tq;q~
( Notarial Seal )
I!
~. ':~.~:~ ~ ~ ~ ~,~
ffcfenc~
Counts Attorne~
LEGAL
3301
0££IC£ CAPITAL PROJECTS
EAST TAMIAMI 'rRAIL NAPLES, FLORIDA 34.112
(9,11) ?74-L~192
0ESCRIPTION {NOT A SURVEY~
PI{OJECr NO.
PI{OJEC'r PARCEL NO
I'AX PARCEL NO
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLOR[DA; THENCE NORTH 89 DEGREES 17
MINUTES 45 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 32 AND THE
CENTERLINE OF [MMOKALEE DRIVE, A DISTANCE OF 460.82 FEET; THENCE NORTH
0 DEGREES 53 MINUTES 00 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE
NORTH RIGHT OF WAY LINE OF IMMOKALEE DRIVE AND THE POINT OF BEGINNING;
THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 1160.00 FEET;
THENCE NORTH 89 DEGREES 17 MINUTES 45 SECONDS EAST, A DISTANCE OF
730.00 FEET; THENCE SOLFFH 0 DEGREES 53 MINUTES 00 SECONDS EAST, A
DISTANCE OF 340100 FEET; 13tENCE SOUTH 89 DEGREES 17 MINUTES 45 SECONDS
WE'ST, A DISTANCE OF 390.00 FEET; THENCE SOUTH 0 DEGREES 53 MINUTES 00
SECONDS EAST, A DISTANCE OF 540.00 FEET; THENCE NORTH 89 DEGREES 17
MINUTES 45 SECONDS EAST, A DISTANCE OF 522.75 FEET; THENCE SOUTH 0
DEGREES 49 MINUTES 10 SECONDS EAST, A DISTANCE OF 60.00 FEET; THENCE
SOU'Ht 89 DEGREES 17 MINUTES 45 SECONDS WEST, A DISTANCE OF 132.72
FEET; T~FENCE SOUTH 0 DEGREES 53 MINUTES 00 SECONDS EAST, A DISTA, NCE OF
220.00 FEET TO THE NOR]lt RIGtFF OF WAY LINE OF AFORESAID IMMOKALEE
DRIVE; TItENCE SOUTH 89 DEGREES 17 MINUTES 45 SECONDS WEST ALONG SAID
NORTH RIGHT OF WAY LII';E, A DISTANCE OF 60.00 FEET; THENCE NORTH 0
DEGREES 53 ~4INITI~S 00 SECONDS WEST, A DISTANCE OF 220.00 FEET; THENCE
SOUTH 89 DEGREES 17 MINbTES 45 SECONDS WEST, A DISTANCE OF 390.00
FEET; T~H~NCE NORTH 0 DEGREES 53 MINUTES 00 SECONDS WEST, A DISTANCE OF
600.00 FEET; THENCE SOUTH 89 DEGREES 17 MINUTES 45 SECONDS WEST, A
DISTANCE OF 220.00 FEET; THENCE NORTH 0 DEGREES 53 MINLFI'ES 00 SECONDS
WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 17 MINUTES 45
SECONDS EAST, A DISTANCE OF 610.00 FEET; THENCE NORTH 0 DEGREES 53
MINUTES O0 SECONDs WEST, A r)ISTANCE OF 220.00 FEET; TIIENCE SOUTH 89
DEGREES 17 MINUTES 45 SECONDS WEST, A DISTANCE OF' 610.00 FEET; THENCE
SOU'DI 0 DEGREES 53 MINUTES :~0 SECONDS EAST, A DISTANCE OF 1100.O0
FEET TO THE AFORESAID NORTH RIGHT OF WAY LINE OF IMMOKALEE DRIVE;
THENCE SOUTH 89 DEGREES 17 MINUTES 45 SECONDS WEST, A DISTANCE OF
60.00 FEET TO TtlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING
5.596 ACRES (243,763 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE CENTERLINE OF IMMOKALEE DRIVE BEING
SOUTH 89 DEGREES 17 MINUTES 15 SECONDS WEST.
PROFESSIONAL LAND SURVEYOR
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
,~E. XHIBI~ "A"
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112
(941) 774-8192
16A2
SKETCH OF DESCRIPTION
N.89'18*05'E. 993,90'
P,EI,B,
I P,D,C,
'--~'J 5 v 460,82'
N.89'17'45"£. 730.00'
610.00'
N.8§'17°45'E. 610.00'
220.00'
S.89'17'45'W. 390.00'
N.89'17'45'E. 522.75'
$.89'17'45"W. 390,00'
N.89'17'45"£.
I~ I..t2.72'
/60' i
Twp. 47S.
IMMOKALEE DRIVE (60' R/W)
GENERAL NOTES 1) P.O,C, indicates Point oF Commencement
P) P.O.B, Indicates Point oF Beginning
3) Sec. indicates Section
4) Twp. Indicates Township
5) Rge. indicates Range
6) R/~/ indicates Right-oF-way
7) Alt distances ape in Feet and decimals thereof
8) Basis oF Beorings is the North R/~/ line oF
]mmokalee Drive being N.89%37'45'E.
9) Not va[id unless signed and sealed with the embossed
seal oF the professional land surveyop
THIS IS ONLY A SKETCH
NF]T TI-]
]6fi 3
SUNTRUST
ADVISING BANK:
BENEFICIARY:
THE BOARD OF COUNTY
COMMISSIONERS,
COLLIER COUNTY, FLORIDA
COLLIER COUNTY COURTHOUSE
COMPLEX
NAPLES, FLORIDA 33962
LETTER OF CREDIT NUMBER: P030147
ISSUANCE DATE: JANUARY 20, 1998
APPLICANT:
DIVOSTA AND CO., INC. AND
VILLAGE WALK DEVELOPMENT CO.
INC.
4500 PGA BLVD., NO. 400
PALM BEACH GARDENS, FL 33418
FOR USD 2o122,652.95
(TWO MILLION ONE HIfNDRED TWENTY TWO THOUSAND SIX HUNDRED FIFTY
TWO 95/100 U.S. DOLLARS)
DATE OF EXPIRATION: JANI3ARY 20, 1999
PLACE OF EXPIRATION: OUR COUNTERS
WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO.
P030147 IN YOUR FAVOR FOR ACCOUNT OF THE ABOVE-REFERENCED
APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON SUNTRUST BANK, SOUTH
FLORIDA, N.A. PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO
EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED'
BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT:
BENEFICIARY' S DATED CERTIFICATE PURPORTEDLY SIGNED BY THEi
COUNTY MANAGER CERTIFYING: "DIVOSTA AND COMPILNY. INC. AND'
ISIJLND WALK DEVELOPMENT COMPANY HAS FAILED TO CONSTRUCT
wAN~D~/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH ISLAND
ALK PHASE I, OR A FINAL INSPECTION SATISFACTORY TO
COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF
EXPIRY, ANT) SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY~
HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY
THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA."
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL
BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE
_Y_E_A/~_ FROM THE EXPIRATION DATE HEREOF. OR ;LNY FU/TrRE EXPIRATIONi'.
DATE, UNLESS SIXI"f (60) DAYS PRIOR TO ~ EXPIRATION DATE WE
SEND NOTICE TO YOU BY REGISTERED MAIL THAT WE ELECT NOT TO
CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL
PERIOD.
ALL DRAFTS MUST REFERENCE THE NUMBER ARD ISSUE DATE OF THIS
CREDIT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION)
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500. '
LETTER OF CREDIT NUMBER P030147 PAGE NO. I
SUNTRUST
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN
COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY
HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS
SPECIFIED ABOVE TO SUNTRUST BANK, SOUTH FLORIDA, N.A.o FT.
LAUDERDALE, FLORIDA, C/O SUNTRUST INTERNATIONAL SERVICES. INC.
25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT.. MC-3706, '
ATLANTA, GEORGIA 30303 ON OR BEFORE JANUARY 07, 1999, OR ANY
EXTENDED DATE.
SINCERELY,
SUNTRUST BANK, SOUTH FLORIDA, NATIONAL ASSOCIATION
FORT LAUDERDALE, FLORIDA
(404)827-6810
PAGE 2
All cormsl:xx',dence and communication should be d'rected to our agent SunTrust IntemationaJ Services, Inc.. 25 Pa~k Place,
..... - '[ [ I I II I Illlll I II Ill I Illlll I Ill'Ill
o,
16 3"
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMEN'IS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this,d_6_Z-..j., day of--~"~ . 1998
between Island Walk Development Company hereinafter referred to as "Developer" and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as "Thc
Board".
!. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as: Island Walk
Phase One.
2. Division 3.2 of the Collier Count3,.' Unified Land Development ('ode requires
the Developer to post appropriate guarantees for the construction of the improvements
reqt,ired by' said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE. in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as
follows:
I. Developer will cau.~e to be constructed: a potable water system, sanitary sewer
system, drainage, grading, paving ~:nd miscellaneous as outlined in Engineer's Cost Estimate
(attached hereto as Exhibit "A" and by reference made a part hereof) within 12 months from
the date of approval of said subdivision plat, said improvements hereinafter referred to as the
required improvements.
2. Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "B" and by reference made a part hereof) in the amount of $2,122,652.95
which amount represents 10% of the total contract cost to complete construction plus 100%
of the estimate cost to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure ofthe Developer to complete
such improvements within the time required by the kand Development Code, Collier County~
after written notice to Developer, may call upon the subdivision performance security tO
insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statemenl
of substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60~ days of receipt of
the statement of substantial completion, either: a) notify the Developer in writing of hi~s
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the Developer
must fulfill in order to obtain the Director's approval of the improvements. However, in n°
event shall the Development Services Director refuse preliminary approval of the
improvements il'they are in fact constructed and submitted for approval in accordance with
the requirements of this Agreement.
6. 'Fhe Developer shall maintain all required improvements for a minimum period'
of one year after prcliminar)' approval by the Development Sen'ices Director. After the one
year maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Ser~4ces Director or his designee shall inspect the improvements, and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
1,8A3
the Board. the Board shall release the remaining 10% of thc subdivision pcrformanc(~
securi .ry, The Developer's responsibilit3.' for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this A~eement and once within every six
(6) months thereafter the Developer may request the Development Services Director to
reduce the dollar amount of the subdivision performance security on the basis of work
completed. Each request for a reduction in the dollar amount of the subdivision security
shall be accompanied by a statement of substantial completion by the Developer's engineer
together with the project records necessary for review by the Development Services Director.
The Development Services Director may grant the request for reduction in the amount of the
subdivision performance :,ecurity for the improvements completed as of the date of thc
request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under
this Agreement. upon certificanon of such failure, the County Administrator may call upon
the subdivision performance security to secure satisfactory completion, repair and'
maintenance of the required improvements. '¥he Board shall have the fight to construct and
mainlain, or cause to be constructed or maintained, pursuant to public advertisement and
receipt and acceptance of bi:Is, the improvements required herein. The Developer. as
principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board. upon completion of such construction, the final total cost to the Board thereof.
including, but not limited to. e:',.gineering, legal and contingent costs, together with any!i
damages, either direct or consequential, which the Board may sustain on account of the
failure of the Developer to can3' out all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall bei
binding upon the Developer respective successors and assigns of the Developer.
IN WITNESS WHEREOF. lhe Board and Ibe Developer have caused Ibis Agreement
to be executed by their duly authorized repre.~ntatives this __./~ ~ day of.-,~z~, . 1998.
Signed. Sealed and Delivered
in the presence of:
ATTEST:
DWIGHT E. BROCK. Clerk
ISLAND WALK DEVELOPMENT
COMPANY
BY,__L_.~.'. (.. ,
Michael D. Rosen. Vice-President"
BOARD OF COUNTY COMMISSION:
OF COLLIER COUNTY. FLORIDA
Approved as to form and legal sufficiency:
Collier County Attorney
Ih'llwcy\coll -~11 a Iii. ;i gf
4
' I
EXHIBIT "A"
ENGINEER'S COST ESTIMATE SUMMARY
II.
III.
IV.
V.
VI.
VII.
Sanitary Collection System
Reclaimed Water Distribution
Potable Water
Drainage
Paving
Lighting
Miscellaneous
TOTAL
10% OF TOTAL
@ 110% Letter of Credit Amount
$786,171.00
$55,297.00
$163,537.50
$265 455.00
$506~685.00
$40,O0O.O0
$112,539.00
$1,929,684.50
$192 968.45
$2,122,652.95
Samoie\ExAConM IW
C-8028
ORIGIN^' L
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY TRANSPORTATION SERVICE
This AGREEMENT is entered into on .-~.~- /~, /2'.~ a,' between "thc Parties,';
the South Florida Water Management District, a public corporation of the State of Florida
("the DISTRICT'), and Collier County, a political subdivision of the State of Florida ("the
COUNTY").
WITNESSETH THAT:
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373.~
Florida Statutes to include entering into contracts with public agencies, private corporations
or other persons; and
WHEREAS, the DISTRICT is planning and designing a water control structure and channel
improvements on the Cocohatchee Canal as a third phase of the Cocohatchee Watershed
Improvement Plan; and
WHEREAS. improved canal crossings are needed to meet storage, increase water levels in
the aquifer, and improve flood protection objeCtives; and
WHEREAS. the Florida Legislature, Statute section 373.0695 (2)(g), authorizes Big Cypress
Basin funds to be used for replacement of bridges resulting from Big Cypress Basin Works;
and
WHEREAS, the COUNTY is responsible for providing safe transportation needs to the
residents of Collier County, and operates and maintains the secondary and arterial road access
to the major road networks; and
WHEREAS, this AGREEMENT identifies specific responsibilities of the Parties in the
implementation of replacing the culverts with a larger structure; and
WHEREAS the DISTRICT wishes to enter into a AGREEMENT with the COUNTY; and
Page i of 7, Contract No. C-8028
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and
NOW THEREFORE, the DISTRICT and Ihe COUNTY, in consideration of the mutual
benefits flowing from each m the other, do hereby agree as follows:
A RTICI,E I - STATI';MENT OF WORK
1.1
The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform
all work items described in the "Statement of Work." attached hereto as Exhibit "A,"
and made a part of this AGREEMENT.
1.2
It is the intent and understanding of the Parties that this AGREEMENT is solely for
the benefit of the COUNTY and the DISTRICT. No person or entity other than the
COUNTY or the DISTRICT shall have any rights or privileges under this
AGREEMENT in any capacity whatsoever, either as third-party beneficiary or
otherwise.
2.1
2.2
3.1
4.1
ARTICLE 2 - TERM OF THE AGREEMENT
The period of performance of this AGREEMENT shall commence on the date of this
AGREEMENT and continue for a period of eighteen (18) months.
The Parties agree that time is of the essence in the performance of each and every
obligation under this AGREEMENT.
ARTICLE 3 - CONSIDERATION
The Parties agree that each party shall assume all costs associated with its respective
obligations hereunder.
ARTICLE 4 - PROJECT MANAGEMENT/NOTICE
The Project Manager for the DISTRICT is Robert A. Laura, at 3301 Gun Club Road.
West Palm Beach, FL 33,*06. telephone (561)687-6238. The Project Manager for the
COUNTY is Edward J. Kant, at County Government Center, 3301 Tamiami Trail
East. Naples, FL 34112, telephone (941) 774-8494. The Parties shall direct all matters
arising in connection with the performance of this AGREEMENT, other than invoices
and notices, to the attention of the Project Managers for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this AGREEMENT.
Page 2 of 7, Contract No. C-8028
4.2
5.1
5.2
6.1
Ail notices, demands, or other communications to the COUNTY
AGREEMENT shall be in writing and sent by certified mail to:
Collier County Transportation Service
County Government Center
3301 Tamiami Trail East
Naples, Fl. 34112
under this
All notices to the DISTRICT under this AGREEMENT shall be in writing and sent
by certified mail to:
South Florida Water Management District
Attn: Procurement Division
3301 Gun Club Road
P. O. Box 24680
West Palm Beach, FL 33416-4680
The COUNTY shall also provide a copy of ali notices to the DISTRICT'S Project
Manager. All notices required by this AGREEMENT shall be considered delivered
upon receipt. Should either party change its address, written notice of such new
address shall promptly be sent to the other party.
All correspondence to the DISTRICT under this AGREEMENT shall reference the
DISTRICT'S Contract Number C-8028.
ARTICLE 5 - TERMINATION/REMEDIES
If either party fails to fulfill its obligations under this AGREEMENT in a timely and
proper manner, the other party shall have the right to terminate this AGREEMENT
by giving written notice of any deficiency. The party in default shall then have ten
(10) calendar days from receipt of notice to correct the deficiency. If the defaulting
party fails to correct the deficiency within this time, this AGREEMENT shall
terminate at the exviration of the ten (10) day time period.
If either party initiatc.~ :egal action, including appeals, to enforce this AGREEMENT',
the prevailing party sha!l be entitled to recover a reasonable attorney's fee, based upon
the fair market value of the services provided.
ARTICLE 6 - RECORDS RETENTION/OWNERSHIP
The COUNTY shall maintain records and the DISTRICT shall have inspection an~l
audit rights as follows:
Page 3 of 7, Contract No. C-8028
A. Maintenance of Rccord~ The COUNTY shall maintain all records and reports
directly or indirectly related to the negotiation or performance of this AGREEMENT
including supporting documentation research or repc.,rts. Such records shall be
maintained and made available for inspection for a period of five years from
completing performance and receiving final payment under this AGREEMENT.
B. Examination of Records; The DISTRICT or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this AGREEMENT. Such
examination may be made only within five years from the date of this AGREEMENT
and upon reasonable notice, time and place.
C. Extcndcd Availabilily of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition
of the legal dispute, and all such records shall be made readily available to the
DISTRICT.
7.1
7.2
7.3
7.4
ARTICLE 7 - STANDARDS OF COMPLIANCE
The COUNTY, its employees, subcontractors or assigns, shall comply with afl'
applicable federal, state, and local laws and regulations relating to the performance
of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance,
but will attempt to advise the COUNTY, upon request, as to any such laws of which
it has present knowledge. :
The laws of the State of Florida shall govern all aspects of this AGREEMENT. In
the event it is necessary for either party to initiate legal action regarding this
AGREEMENT. venue shall be in the Fifteenth Judicial Circuit for claims under state
law at~d in the Southern District of Florida for any claims which are justiciable in'
feden~l court.
The COUNTY shall allow public access to all project documents and materials in
accor&~nce with the provisions of Chapter I 19, Florida Statutes. Should the COUNTY
assert any exemptions :.,, the requirements of Chapter 119 and related Statutes, the
burden of establishing .;t~ch exemption, by way of injunctive or other relief as'~i
provided by law, shall be upon the COUNTY.
Subject to Governing Board approval, the DISTRICT will waive application
processing fees applicable to the right-of-way occupancy permit consistent with Task
6 of Exhibit "A." The COUNTY shall be responsible for any fees associated with any
future permit modifications.
Page 4 of 7, Contract No. C-8028
7.5
7.6
8.1
8.2
9.1
9.2
9.3
The COUNTY hereby assures thai no person shall be discriminated against on the
grounds of' race, color, creed, national origin, handicap, age, or sex, in any activity
under this AGREEMENT.The COUNTY shall take all measures necessary to
effectuate these assurances.
In the event a dispute arises which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. Thc
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost
of the mediation shall be borne equally by the Parties. Thc mediation process shall be
confidential to the extent permitted by law.
,~,
ARTICI,E 8 - REI,ATIONSitlP BETWEEN TltE PARTIES
The COUNTY is an independent contractor and is not an employee or agent of th~
DL";TRICT. Nothing in this AGREEMENT shall bc interpreted to establish any
relationship other than Ihat of an independent contractor, between the DISTRICT and
the COUNTY, its employees, agents, subcontractors, or assigm;, during or after tile
performance of this AGREEMENT. The COUNTY is free to provide similar services
for
Thc COUNTY shall not assign, delegate, or otherwise transfer its rights and
obligations as set forth in this AGREEMENT without the prior written consent of the
I)ISTRICI'. Any attempted assignment in violation of this provision shall be void,
ARTICLE 9 - GENERAL PROVISIONS
Notwithstanding any provisions of this AGREEMENT to the contrary, the Parties
shall not be held liable for any failure or delay in the performance of this
AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public
enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil
core,notion, force majeure, act of God, or for any other cause of the same character
whicI~ is unavoidable through the exercise of due care and beyond the control of thc
Parties. Failure to perform shall be excused during the continuance of such
circumstances, but this AGREEMENT shall otherwise remain in effect. This
provision shall not al;ply if thc "Statement of Work" of this AGREEMENT specifies
that performance by C:~UNTY is specifically required during the occurrence of any.
of the events herein :~e.~fioned.
In the event any provisions of this AGREEMENT shall conflict, or appear to conflict,.
the AGREEMENT. including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistencyJ
Failures or waivers to insist on strict performance of any covenant, condition, ori'
provision of this AGREEMENT by the Parties, their successors and assigns shall noti~
Page 5 of 7, Contract No. C-8028
9.4
9.5
9.6
16 1
be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in accordance with the terms
this AGREEMENT. No waiver shall be effective unless in writing and signed by the
party against whom enforcement is sought. Such waiver shall be limited to provisions
of this AGREEMENT specifically referred to therein and shall not be deemed ~a
waiver of any other provision. No waiver shall constitute a continuing waiver unle.~s
the writing states otherwise.
Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this AGREEMENT, to the
extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
This AGREEMENT may be amended only with the written approval of the Parties.
This AGREEMENT states the entire understanding and agreement between thc Parties
and supersedes any and all written or oral representations, statements, negotiations,
or agreements previously existing between the Parties with respect to the subject
matter of this AGREEMENT. The COUNTY recognizes that any representations,
statements or negotiations made by DISTRICT staff do not suffice to legally bind the
DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT shall inure to
the benefit of and shall be binding upon the Parties, their respective assigns, and
successors in interest.
Page 6 of 7, Contract No. C-8028
" ~ - II IIII
IN WITNESS WHEREOF, the Panics or their duly authorized representatives hereby execute this
AGREEMENT on the date first written above.
LEGAL ,FORM APPROVED
· ~/MD OF~CE OF COUNSEl.
D^~: /- 7- ?v'
SOUTII FLORIDA WATER MANAGEMENT DISTRICT
By: ..
Deputy Executive ~irector
AT'rEST:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
Page 7 of 7, Contract No. C-8028
16E l
C-8028
EXHIBIT "A"
STATEMENT OF WORK
1.0 BACKGROUND
Thc South Florida Water Management District (District) is currently undertaking a four-phase water
management improvement plan in the Cocohatchec Canal Watershed in thc Big Cypress Basin.
The Cocohatchee Canal is adjacent to Immokalee Road in Collier County, Florida. The purpose
of this improvement plan is to prevent saltwater intrusion, reduce ovcrdrainage in the watershed,
and enhance flood protection. The Cocohatchee Canal drains a watershed of approximately 186
square miles, consisting of mixed development, agriculture, and natural areas. The watcr resources
of thc Cocohatchee Canal Basin arc unique in that they include the sensitive environmental corridor
of the Bird Rookery Swamp, Corkscrew Marsh, and Corkscrew Sanctuary.
Phase I was completed in 1994 and consisted of construction of one water control structure
(salinity barrier), and improvements to approximately 2,000 linear feet of canal in thc western
portion of the canal. Phase 2 is ongoing and consists of construction of a second water control
structure, and improvements to approximately 6,000 linear feet of canal in between Structure
Number I and Structure Number 2. Remaining Phase 2 improvements include replacement of the
Palm River Boulevard bridge and one utility crossing. Phase 3 is currently in thc design stage and
includes construction of a third water control structure and improvements to approximately 5.5
linear miles of canal. Phase 4 is currently in the planning stage and will include improvements to
approximately 4.5 linear miles of canal.
Thc scope of work of this Agreement is to identify responsibilities in the replacement of the
culverts crossing the Cocohatchee Canal at Valewood Drive (Quail Creek) with a larger bridge
crossing the canal as part of the Phase 3 Improvements. The new bridge should meet the
requirements identified in Task 3 of the Scope of Services. This bridge replacement was identified
in an Hydrologic/Hydraulic (H/H), study of the Cocohatchee Canal conducted by the South Florida
Water Management District in February, 1997.
2.0 PURPOSE
The purpose of this Agreement is to identify the specific responsibilities of each party in the
implementation of replacing the culverts with a larger structure. The Scope of Services is divided
into specific tasks to identify the responsibilities of each party.
Page I of 3, Exhibit "A," Contract No. C-8028
T671
3.0 SCOPE OF SERVICI-~S
3.1 Task ! - Engineering Design
This task consists of thc engineering and design work to prepare a set of construction plans
and specifications for a new canal cro,;~,ing. The District shall be responsible for this task
subject t() provisions (Df this Agreement and de.,,cnption of the other tasks herein. The new
bridge design shall meet the hydraulic conditions required to provide the desired level of flood
protection. Thc canal and new bridge structure shall be able to pass 606 cubic feet per second
with a water ,,uti'ace elevation not higher then 11.5 feet NGVD, (National Geodetic Vertical
Datum of 1929) and energy head losses not more than 0.05 feet. The new bridge shall have
two northbound and two .,,mthbtmnd traffic lanes with sidewalks on both sides and on-road
bike paths on both sides. The new bridge will have a thirty-foot, striped median and will meet
County c(xtes and transportation requirements in effect at commencement of this Agreement.
No improvements to lmmokalce Road in regards to the design and construction of the new
bridge is part of this Agreement with the exception of modifications to the turnout. Any
additional improvements to Valewood Drive or lmmokalee Road not included in this task will
be funded by the County. The District will obtain a County right-of-way permit for any work
to be performed within the right-of-way of lmmokalee Road (CR 846).
3.2 Task 2 - Environmental Permitting !:
This task consists of obtaining environmental regulatory permits, to complete the other tasks
herein. The District shall be responsible for all funding and other technical aspects of this task
subject to provisions of this Agreement and description of the other tasks herein.
3.3 Task 3 - Land Certification
This task consists of obtaining construction access and staging areas to complete the other
tasks herein. The District shall be responsible for all funding and other technical aspects of
this task subject to provisions of this Agreement and description of the other tasks herein. The
District will obtain the real estate instruments needed to construct the new structure.
3.4 Task 4 - Removal of Existing Structures and Excavation
i!
This task involves the removal of the existing culverts and the canal excavation required to'
obtain the desired cross-sections. The District shall be responsible for culvert removal and
excavation. The District shall coordinate the relocation of any utilities.
The new canal cross section shall be excavated 75 feet upstream and downstream of the new
bridge faces and transition into the existing canal cross-section. The new cross-section shall
have a trapezoidal shape, a bottom width of 35 feet. two horizontal to one vertical side slopes
(2:1). and a bottom elevation of 6.5 feet NGVD.
Page 2 of 3. Exhibit "A," Contract No. C-8028
3.5 Task 5 - Construction of New Bridge
This task consists of constructing a new roadway crossing on the Cocohatchee Canal to replace
the existing structure according to the plans and specifications developed in Task 1. The
District shall be responsible for this task.
3.6 Task 6 - District Right of Way Permit
Thc County shall obtain a District right-of-way permit to operate and maintain a canal crossing
and encroachment within the District right-of-way. Within thirty (30) days of the completion
of the construction and acceptance by the County, the County shall file an application for a
right-of-way permit pursuant to Chapter 373.085, Florida Statutes. The County shall be
responsible for the completeness of the application and provide such information as is
reasonably necessary to complete the application. The District shall issue to the County a
right-of-way occupancy permit within 90 days of receipt of a completed application and the
County shall accept the permit and any conditions. Attachment "l" is an example of Special
Conditions for another bridge permitted to Collier County located at Livingston Road. Special
Conditions are site specific, and cannot be furnished until the application is reviewed.
Attachment "l" also contains Limited Conditions that apply to all permits. District staff will
recommend that any application processing fees applicable to the right-of-way occupancy
permit be waived. However. final determination for such waiver must be made by the District's
Governing Board. Regardless of the foregoing, the County shall be responsible for any fees
associated with any future permit modifications.
3.7 Task 7 - Operations and Maintenance
Thc County shall be responsible for all operations and maintenance of the canal crossing in
accordance with the County's ongoing road and bridge maintenance plans subject to conditions
and terms of the right-of-way occupancy permit referenced in Task 6.
Page 3 of 3. Exhibit "A.' Contract No. C-8028
PROJECT: Pine Air Lakes
PARCEL: 002 (Airport Road L.P.)
FOLIO: 00240400004
2279392 OR: 2388 PG: 0872
999!
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this /,;'-~cday of--.?~"'~~ ,
19 ~'.;~ by COLLIER COUNTY, a political subdivision of the State of F~3rida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter called the Grantor), to AIRPORT ROAD LIMITED PARTNERSHIP, a
Florida Limited Partnership, whose mailing address is Post Office Box 893,
Bloomfield Hills, Michigan 48303 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of
Ten Dollars (S10.00) in hand paid by the said Grantee, the receipt whereof is
hereby acknowledged, does hereby remise, release, and quitclaim unto the said
Grantee forever, all the right, title, interest, claim and demand which the said
Grantor has in and to the following described lot, piece or parcel of land situate,
lying and being in Collier County, Florida, to wit:
SEE EXH;BIT "A" attached hereto and made a part hereof,
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all appurtenances
thereunto be!onging or ic ,~nywise appertaining, and all the estate, right, title,
interest, lien, equity and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,. Erlie Hoffman Deputy Clerk
(OFFICIAL SEAL)
-;,_";'.a 3411~
m~ II IIII II ..... IIII II I ' - III I III II
EXHIBIT "A"
Page 1 of 2
l.cgal l)e.~ription
being a part of I'~c¢1 2. Pine Air l.akes
Uml ¢.%lc. Hat Book 24. pages 9g through 101. Collier Count%'. Honda
¢l'orti,n of'temporary Drainage I'~.~ment recorded i~
¢) R I~,k 2¢X)7. pages 155¢6 through 15'.gl to be vacaled}
{Airport Road I.imit-'d I'artnt.n'ship Portion)
Rcvi.~d Ik, cember I. 1997
That part of Parcel 2. according to thc plat of Pine Air Lakes Unit One. Plat Book 2-L pagcs 9g through I01.
Collier Count)'. Florida being more parlicularly described as follows:
Commencing at tile northeast corner of Parcel 4. according Io .~aid plat of Pine Air Lakes Unit One:
thence South ~;g°51'39" East 72.76 feel to Ihe Point of Beginning of the port,on of the temporary drainage
easemcnl to be vacated; '
thence South gg~51 '39" ~asl II !.20 feet;
thence Norlh Ol°Og'20" Easl 31451 feel Io a poinl on -s'fid easement;
thence along .said easement in Ihe following four (4) described courses:
I) North 23008'21'' East 3803 feel;
2) northerly I I 1.05 feet along Ihe arc of a circular curve concave westerly having a radius of 542.00 feet
through a central angle of I ]°44 '2 [" and being subtended by a chord which bears North 17~16'1 I" East
110.85 feel;
3) North 11°24'00'' East 45.79 feet;
4) North 79°03 '26" West 33.99 feet:
thence leaving said casement North 01°OR'20'' East 25.37 feet to a point on -slid easement:
thence along said easement in tile following two (2) described courses:
I} South 79~03'26'' East 5851 feet.
2) North I 1~'24'OO'' East 123.44 feet to a point on tile westerly bo,ndars, of thc drainage and lake maintenance
m~scmcnt as recorded in -said plat of Pine Air Lakes Unit C~nc;
thence along -said casement iv the following two (2) described courses:
I) South OlOOg'21'' West 731.62 feet;
2l Soulherly and soulhe, asterl.~ 33 53 feet along the arc ora circ, lar cur.,e concave northeasterly having a
radius of 29.60 reel through a central angle of 68049'02" and being subtended by a chord vdfich bears
Soulh 33°16' lO" Eas~ 33.45 feet lo a point on said tcmporao' drainage easement:
thence along said cascmcn, in thc follov, ing three ~3} described courses:
I) North 88"51 '39" Wcsl 176.15 feet:
2) northwest(fly 63.88 feet along thc arc ora circular curve concave nonh~asterl,,- having a radius or4O.oo
feet through a central angle of 91"3o'27" and being subtended bra chord v, lnch bears North 430t~,'25''
West 57.31 feet; '
3) Northerly 7 I. 12 feet along thc arc ora circular curve concave to Ibc Southeast having a radius or558.oo
feet through a central ang!c ol 7°18'o9'' and being subtended b.~' a chord ~ h,ch bears North o6° 17'51"F~ast
71.07 feet to thc Point of Bcgin,:'rS '
Subject lo eascmcnls and restrictions ¢~f r,;cord.
Bearings arc based on Iht norlh line of said Parcel 4 being North 88051'39" West
Date ;2.' I-~ 7
WILSON. MILLER. BARTON & PEEK. INC.
Registered Engineers and Land Surveyors
/
Not vahd unless cmN~s~d x~'lt}~ thc ~c~slona[
Rcf 2( ;472. sheet I t
~I~R.~
~-XHZBXT "A' *** OR: 2388 PG: 0874 ***
Page 2 of 2
168 2
~ -I ~l J:~ '-
~ . .
PROJECT: Pine Air Lakes
PARCEL: 002 (Lowe's Home Conters)
FOLIO: 00240400004
2279391 OR: 2388 PG: 0868
02/I[!~ at 0[:tBE! DW~GE/ B. BROCK, CLBH
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this /~/x. day of ~~=:~:~,~,
19~./, by COLLIER COUNTY, a political subdivi'-'--~ion of the State of I~lodda,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter called the Grantor), to LOWE'S HOME CENTERS, INC., a North
Carolina corporation, whose mailing address is P.O. Box 1111, N. Wilkesboro,
North Carolina 28656 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is
hereby acknowledged, does hereby remise, release, and quitclaim unto the said
Grantee forever, all the right, title, interest, claim and demand which the said
Grantor has in and to the following described lot, piece or parcel of land situate,
lying and being in Collier County, Florida, to wit:
SEE EXHIBIT "A" attached hereto and made a part hereof,
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all appurtenances
thereunto belonging or ir, ':,,:ywise appertaining, and all the estate, right, title,
interest, lien, equity and ciaim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
E 11 ~e h'o f fman~
(OFFICIAL SEAL)
Prepared
,::, ,','.;-O4OO
EXHIBIT "A"
~ . i -. I.*,,'.l -, '*i ~ ,'\1, IlIZI, I-, ( *, :~ , '. ,~l *,'. ,, ,~ !, -
Legal Description
being a part of Parcel 2, Pine Air Lakes
IJnit (')nc. Plat Book 24, pages 98 through lO1.
Collier County, Florida
(l'ortion of Temporary Drainage Easement recorded in
O.R. Book 2007, pages 1586 to 1590 to be vacated)
(Lowe's llome Center. Inc. Portion)
That part of Parcel 2. according to the plat of Pine Air l.akes Unit One, Plat Book 24, pages 98
through lOI. Collier Count)'. Florida being more particularly described as follows:
Commencing at the southwest comer of Parcel 4, according to said plat of Pine Air I,akcs Unit
One;
thence along thc noah right-of-way linc of Naples Boulevard (120 foot right-of-way)according
to said plat westerly 309.25 feet along the arc ora circular curve concave to thc south having a
radius of 975.00 through a central angle of i 8"I 0'24" and being subtended by a chord which
bears North 80°! 9'01" West 307.96 feet;
thence leaving thc north rigl')t-oP;,,'ay line of said Naples Boulevard along a non-tangential line
North 01°48'29'' West 188.08 feet;
thence North 01°08'21" East 661.54 feet to thc Point of Beginning of the portion of the
temporary drainage casement to be vacated;
thence continue North 01°08"21" East 25.37 feet to the north line ofsaid easement;
thence along the noah line oFsaid easement South 79°03'26.. East 790.54 feet
thence leaving said line South 01 °08'20" West 25.37 feet to thc south line of said casement;
~hcncc along said casement North 79°03'26" West 790.54 feet to the Point of Beginning
AI.SO INCt,UDING TIlE FOLI.OWING:
Commencing at the northeast comer of said Parcel 4;
thence South 8 ~°51 '39" East 72.7(3 feet to thc Point of Beginning of thc portion of thc temporary
drainage easement to be vacated:
thence along said casement in the following two (2) described courses:
I ) noahcrly 12&46 feet along thc ,~rc ora circular curve concave easterly having a radius of
558.00 feet through a central ~nsle of 13°i 1'24" and being subtendec~ by a chord which bears
Noah 16°32'39.. East 128.1 ? tket;
2) North 23°08'21'' East 205.94 teet:
thence leaving said casement South 01°08'20.. West 314.51 feet:
thence Noah 88°51 '39" West 111.20 feet to thc Point of Beginning:
Subject to easements and restrictions of record.
Bearings are based on the north line of said Parcel 4 being Noah 88°51'39.. West.
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and l.and Surveyors
Not valid unless embossed with the Professional's seal.
Ref. 2G-472, sheet 12
EXHIBIT "A"
Page 3 of 3
*** OR: 2388 PG: 0871
16B
o o
PROJECT: Pine Air Lakes
PARCEL: 002 (Naples Plaza)
FOLIO: 00240400004
2279390 OR: 2388 PG: 0865
RgCORDD sn O~PiCIAL R~CORD$ of COLlieR CO~N?¥, FL
DOC-.70
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this/~: bt day of -.-..~- ~~
19 ?/', by COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter called the Grantor), to NAPLES PLAZA LIMITED PARTNERSHIP, a
Florida Limited Partnership, whose mailing address is 40 Oak Hollow, Suite 275,
Southfield, Michigan 48304 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is
hereby acknowledged, does hereby remise, release, and quitclaim unto the said
Grantee forever, all the right, title, interest, claim and demand which the said
Grantor has in and to the following described lot, piece or parcel of land situate,
lying and being in Collier County, Florida, to wit:
SEE EXHIBIT "A" attached hereto and made a part hereof,
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TC HOLD the same together with all appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title,
interest, lien, equity and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the day and year first above written.
ATTEST:
DWIGHT,.Ec...BROC K, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
- ' E~lie' Hoffman, Dep~t'y Clerk
~,Barbara B. ~rry
(OFFICIAL SEAL)
'~':"'.rCd %f.'
EXHIBIT "A"
Page 2 of 2
OR: 2388 PG: 0866
o~i t
~,,.
EXHIBIT "A"
Page 1 of 2
168
Legal Description
being a part of Parcel 2, Pine Air Lakes
Unit One, Plat Book 24, pages 98 through 101,
Collier County, Florida
(Portion of Temporary Drainage Easement Recorded in O.R. Book
2007, pages 1586 to 1590 to be vacated)
(Naples Plaza Limited Partnership Portion)'
Revised December 1, 1997
That part of Parcel 2, according to the plat of Pine Air Lakes Unit One, Plat Book 24, pages 98
through 101, Collier County, Florida being more particularly described as follows:
Commencing at the southwest corner of Parcel 4, according to said plat of Pine Air Lakes Unit
One:
thence along the north right-of-way line of Naples Boulevard (120 foot right-of-way) according
to said plat westerly 309.25 feet along the arc ora circular curve concave to the south having a
radius of 975.00 through a central angle of 18°10'24'' and being subtended by a chord which '
bears North 80°19'01'' %,Vest 307.96 feet: ~,
thence leaving the north right-of-way line of said Naples Boulevard along a non-tangential line
North 01o48'29'' West 188.08 feet
thence North 01°08'21'' East 661.54 feet to the Point of Beginning of the portion ofthe
temporary drainage easement to be vacated:
thence along said easement North 79°03'26" West 49.46 feet:
thence leaving said easement North 26°59'25'' West 15.05 feet:
thence North 01°08'21' East 13.32 feet to a point on said easement:
thence along said easement South 79°03'26"East 56.66 feet;
thence leaving said easement South 01°08'21'' West 25.37 feet to the Point of Beginning..
Subject to easements and restrictions of record. ~
Bearings are based on the north line ofsaid Parcel 4 being North 88051'39" West.
WILSON, MII,LER, BARTON & PEEK, INC.
Registered Engineers and Land ~c::r~'eyors
Not valid unless embossed with the Professional's seal.
Ref 2G-472. sheet 13
Date / 7-' / - ~7 7
SUPPLEMENTAl. AGREEMENT TO
CONS! JLTING ENGINEERING SERVICES AGREEMENT
Project No. 69101
S/A NO. 3
16B5
THIS SUPPLEMENTAL AGREEMENT, made and entered into this/8.5.,t., day of.._..~,-4.,.,_,~,~. ,
1998, by and between the Board of County Commissioners, Collier County, Florida, a political subd~visi°n of
the State of Florida, hereinafter called the COUNTY, and Hole, Montes and Associates, Inc. of715 Tenth
Street, South, Naples, Florida 34102, duly authorized to conduct business in the State of Florida, hereinafter
called the CONSULTANT.
WITNESSETII
WHEREAS, thc COUNTY and CONSULTANT heretofore on 21 May 1991 entered into an Agreement
whereby the COL.~TY retained the CONSULTANT Io fi~mished certain consulting services in connection with
proposed construction of C.R. 846 four laning improvements, Phase l&ll, (Jct. 1-75 to Jct. C.R. 951 ), County
Project No. 69101; and,
WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary
to;
TO REOPEN, REVISE AND/OR EXPAND UPON THE SCOPE OF ORIGINAL SERVICES OF THE
PROJECT SPECIFICALLY RELATING TO ADDITIONAL PLANS PREPARATION AND TO
COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID
ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED
30 DECEMBER 1997 IS ATTACHED AS EXHIBIT "A" AND IS HEREBY INCORPORATED AND MADE
A FORMAL PART OF THIS SUPPLEMENTAL NO. 3.
NOW TItEREFORE. tim Consulting Engineering Services Agreement is hereby am'ended and supplemented
as follows:
I. CONSULTANT and COUNTY agree to reopen the Consulling Engineering Services Agreement in
order for the CONSULTANT lo perform the services requested of the CONSULTANT.
2. CONSULTANT shall perfom~ services for the construction plans revision and update in accordance with
Exhibit "A" attached hereto.
3. Contract fee adjustment and status (this Supplemental Agreement No. 3):
3.1 Original maximum contract Fee
3.2 S/ANo. 1
3.3 S/ANo. 2
3.4 This S/A No. 3 maximum contract fcc
Maximum and current contract fee
5150,000.00
$299,756.53
$ 25,921.62
$ 35,900.00
=.$511,578.15
4. Contract time adjustment:
Incrcase 60 calendar days
5. Contract completion time Io he determined by Notice Io Proceed.
6. Thc rcviscd and currcnt lump sum contract amount as stated above includes costs for overhead, fringe
benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
7. Except as hereby modified, amended, m' changed, all of the terms and conditions of said original
Consulting Engineering Sec'ices Agreement shall remain in fitll force and effect.
IN WITNESS WI-IEREOF, the parties hereto have caused Ihese presents to be executed thc day and year first
above written.
AS TO THE BOARD OF COUNTY COMMISSIONERS:
16B3
Project No. 69101
S/A NO. 3
AS TO THE CONSULTANT:
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF: /
Walter F. Gilcher. J .~'" ~
FIRST WETNESS (NAME WRITTEN)
Darrell G. Hartley~~
SECOND WITNESS (NAME ~VRITTEN)
BOARD OF COUNTY COMMiSSIO~4ERS
COLLIER COUNTY, FLORIDA
;,'~HT E.
BY: ~'z ......
Baro~(a B. Berry
HOLE. MONTES AND ASSOCIATES, INC.
Robert L.~ President
ATTEST:~
Ned E. Dewhirst. Vice President
(CORPORATE SEAL)
STATE OF FI.ORIDA
COUNTY OF LEE
Before mc. thc undersigned authority, this day personally appeared Robert L. Murray and Ned E.
Dewhirst, to me ,,,,'ell known and known to me to be Sr. Vice President and Vice President respectively, of the
Corporation named in the foregoing Agreement, and they severally acknowledged to and before me that they
executed said Agreement on bchalf of and in the name of said Corporation as such officers; that the seal affixed
to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular
Corporate authority; that they are duly at,thorized by said Corporation to execute said Agreement and that said
Agreement is the free act and deed of said Corporation.
.,IN WITNESS WHEREOF. I have hereto set my hand and affixed my official seal this ~ ff day
of/~~ , A.D. 1998. ~
~a-~ ~;tate aforesaid.
My Commission Expires:
BOARD OF COUNTY COMMISSIONI..'RS
MISCEI,LANEOUS CORRESPONDENCE
FEBRUARY 10. 1998
FOR BOARD ACTION:
I. ~'IISCELI.ANEOIJ'S ITF, MS TO I:II,!.: FOR RECORI) WITtt ACTION AS DIRECTED:
2. Districts:
A. (',llicr fioj] & Walcr ('~mservatJon l)JstrJ¢l - minutes and agenda of December 17,
1997.
AGENDA ITEM
FEB 10 1998
Collier Soll and Water Conservation District
Agriculture Center, 14700 Immokalee Road. Naples, FL 33964-14~8
Phone (941) 455-4100. FAX (941) 455-2693 ~
o
AGENDA
BOARD OF SUPERVISORS
12th Business Meeting 1997
December 17, 1997
Call to order
Roll call
Disposition of minutes 11/19/97
Reports
a. Financial Report
b. D.C. Report
c. MIL Report
d. Field Rep Report
Old Business
New Business
a. Extension to contract with Coastal Engineering
b. BMP's for small farms
c. Bids for accounting firm for 97/98
d. Renewal of membership Fla. Irrigation Society ($15)
e. Christmas bonuses
f. Designation of holiday 12/26/97
g. Attendance requirements for supervisors
h. FACD 1998 Spring Legislative Meeting Tallahassee
and NACD meeting Nashville
i. Removal of old laptop computer
j. Donation of Plat Directory to Conservancy
Other Business
Next meeting date
Adjournment
i, ,~.:,C.
CONSERVATION . DEVELOPMENT . ~ELF43OVEP, NMENT
Collier Soil & Water Conservation District
Board of Supervisors
Regular Business Meeting
December 17, 1997
Supervisors present:
Supervisors absent:
Staff present:
Others present:
Robert M. Griffin, Chair
Laurie L. Mitchell, Vice-Chair
Sean P. Morton, Secretary/Treasurer
Norman Whitney
Gregory Zak
Karen Toner, Administrative Assistant
Anthony Polizos, Natural Resources
Conservation Service (NRCS)
Richard Ewing, Coastal Engineering
The meeting was called to order by Robert Griffin (Rob) at
6:05 p.m. at the Golden Gate Community Center The roll was
called. ·
Rob called for a motion to approve the minutes of the
previous meeting, November 19, 1997. Sean Morton made the
motion; Laurie Mitchell seconded the motion, and the motion
was passed.
Sean 9ave the financial report.
Anthony Polizos (Tony) 9ave the D. C. report (attached).
Among other items, he noted that an extension will be
requested on the Project 319 since it cannot be completed
by 1999. '
Tony 9ave the MIL report (attached).
Rob bypassed Old Business momentarily to address the request
for an extension to the survey contract with Coastal
Engineering for the Southern Golden Gate Estates project.
Richard Ewing explained that he was present at the meeting,
not only to request the extension but to report on what was
being done by his company. It was requested that the
original project deadline of December 22, 1997, be extended
to the end of Febru~/_.y, 1998. For the purpose of the
motion and vote, Rok, temporarily handed the chairmanship to
Sean. Laurie made the motion to extend the contract to
February 27, 1998. Rob seconded the motion. The motion was
passed, with Sean abstaining from the vote. Rob requested
that Richard give a progress report at the next meeting, or
to advise Tony so that he could report to the Board.
Rob reclaimed the chairmanship and returned to Old Business
on the agenda. Rob asked Karen Toner to show the plagues
received for Dave Wilkison and Bob Sitta, and asked Karen to
invite them to the next meeting for presentation.
Also under Old Business, Rob mentioned the letter seeking
legal advice on the pension and insurance benefits for
Michael Hussion. Karen reported that the latter had been
sent to the Department of Agriculture in September as
advised by Sandy Howe at Florida Association of Conservation
Districts, that Sandy was following up, that Karen was
checking with Sandy every couple of weeks to check the
status and that at this point, Sandy has turned the matter
over to private counsel.
The sending out of the Christmas cards was noted.
There being no other old business, Rob went to the second
item of new business, BMP's for small farms. Laurie
expressed her desire to attain Board support for best
management practices on small farms. She stressed highest
and best use for the land, given the proximity to the
aquifer and that in this county there are no plan
requirements for parcels of 20 acres or less, and thus, no
protection against pollution on these parcels. Best
Management Practices would provide this protection. Rob
pointed out the education and prevention nature of the
Board's role, as opposed to enforcement and asked about the
role of the Extension Service. Laurie stressed the need for
the Board to take a stand on the issue. Due to time
constraints, Rob asked that the discussion be continued at
the next meeting. Sean stated his belief that standards are
a good idea and that the issue should be pursued. Rob
stated that in the meantime he will do research on his own
at the County and obtain further information.
The next item, bid for accounting firm, was postponed until
the next meeting. Laurie moved to approve renewal of
membership in Florida Irrigation Society, $15 for a year.
Sean seconded the motion and the motion was passed.
Next for consideration was a Christmas bonus for the
District employees. Rob recommended that a week's pay be
given as a bonus. After a discussion, Sean moved to approve
a week's p..~y as a combination performance incentive and
reward and Christmas ~.'cnus. Rob seconded the motion and the
motion was passed.
Regarding the next item, designation of holiday 12/26/97,
Tony advised that the date had been declared a holiday for
federal employees. Sean moved that the day be a holiday for
District employees; Rob seconded the motion and the motion
was passed. Rob further suggested that 1/2/98 be made a
holiday for District employees. Sean so moved and Rob
seconded the motion and the motion was passed.
Sean made a motion that any Supervisor who misses two
consecutive meetings without notice or an excuse be sent a
letter from the Board for a reply and that if there is no
16Gl
response or the individual is not at the next meeting, he or
she be dismissed from the Board. Laurie seconded the
motion, and the motion was passed. Rob requested that Karen
draft this policy for the Board to sign at the next meeting.
Since Sean had to leave for a prior commitment, the
remainder of the agenda was tabled for a future meeting, and
Rob adjourned the meeting at 7:07 p.m.
COLLIER SOIL & WATER CONSERVATION DISTRICT
Financial Report
11/1/97 - 11/30/97
Beginning Balance
Expenditures
Salaries
Employee taxes
Dues
Office supplies
Postage
Vehicle expense
Total Expenditures
Interim Soil Surveys
Plat Directories
Sales tax
Checking account interest
Shipping/handling
USDA-MIL quarterly remittance
Total Receipts
Ending balance as of 11/30/97
$67,718.18
2,792.80
213.66
500.00
(4.89)
6.57
2.86
3,511.00
40.00
70.O0
6.60
43.24
10.00
13,544.84
DC Report
Naples F.O.
Dec. 17, 1997
Landuser
Irrigation Systems
Circle M Farms
Topiary Creations (EQIP)
Acres
Location
180 Immokalee
3 Sec. 30
Ccnservation Planning
Circle M Farms
1500
Immokalee
Wetland Determinations
Vince Duerr 100 E. Naples
Other
Environmental Center - Attended dedication at Port of Island
Inventory - Evaluated soils & resources for new sewer line
for Everglades City.
PCT Attended meeting for Everglades cleanup to address the
annual report.
WRP Attended a meeting with FWS to see if the WRP can be
used in Collier Co.
SGGE Attended the regular SGGE Interagency Technical
Committee for December to review progress on the project.
EPA3]9 - Completed a progress report for the WEtland
Restoration Project.
CR - Met with Joe Frank and Labelle office
o~/~he Seminole trib~/~ its holdings, to get educated
~ower West Coapt MIL
~onthly Report
December 199~
The month of December marks the end of the first quarter FY
1998. The MiL completed 10 agricultural evaluations of spray
jet and drip systems on citrus covering approximately 250
acres of irrigated land. The Emission Uniformity of these
systems was found to be less than 80% in 9 of the 10
systems. At the request of the grove manager, the MIx. re
evaluated the~e 10 systems a~ter the contract mainte:~ance
crew performed their services. The follow-up evaluations
found that the contract maintenance service was effective in
restoring system uniformity above 80% in all systems except
the two drip systems. These systems were severel}, c]c~ged
and routine maintenance was not adequate to restore
acceptable functi~r,.
The ~:aples Daily News printed an article about the Urban
Systems Evaluation service offered by the MIL. The article
was submitted through the Collier County Extension Service
and appeared next to .the Extension Agent,s weekly column. We
received over a dozen phone calls requesting our service au
a direct result of the article.
The MIL team attended a meeting of the MIL Committee held in
Sarasota. On the agenda were finalization of the
Standardization of MIL Reporting requested by the South
Florida Water Management District, and we were introduced to
Freddy Cockrell, who explained the role of the Florida
Association of Conservation Districts in their new function
with the MIL's.
Next month the r4lL expects to complete urban evaluations,
several citrus grove evaluations, and finish evaluatlons at
a ~.arge tomat~ grower.