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Agenda 04/28/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 28, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKFNG. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA FFEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJ'ECI'S WHICH ARE NOT ON THIS AGENDA ?,lUST BE SUBMFFTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINL~TRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATLM RECORD OF THE PROCEEDINGS IS b~&DE, WHICH RECORD LNCLUD£S THE TESTI~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5') MINUTES UNLESS PERblISSION FOR ADDITIONAL T~IE IS GRAuNTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING E~I~AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M. DFVOCATION - Rcs'. Harold Bro.'n, L~ly Presbyterian Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. April 7, I998 - Regular meeting. PROCLAAL~TIONS AND SERVICE AWARDS A. PRO CLA,'tLS, TIO NS I) Proclamation proclaiming week of May 3-9, 1998 a~ Drinking Water Week. To be accepted by Edward Finn, Interim Water Director. 2) 3) Proclamation proclalmlng week of May 17-23, 1998 as Nationa/Public Works Week. To be accepted by Ed llschner, Public Works Administrator. Proclamation proclaim{ng Saturday, M'ay 2, 1998 as Hispanic tteritage Day in Collier County. B. SERVICE AWARDS 1) Barbara Pedone - County Administrator's Office - 15 yeara. 2) Glenn Price - Stormwater Management - 15 years. 3) L~ui~ Hardy - Parks & Recreation - S yeara. 4) Jacquellne Hart - Parga & Recreation - 5 yeara. C. PRESENTATIONS 1) March of Dimes WalkAmerlca event report to the Board of County Commisslonerx APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CRANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Paul Han'ey of Fish Finders, Inc., requesting waiver of park fees at Cocohafchee Park and Barefoot Beach Preserve for a kids' fishing tournament as part of Ihe Sih'er Slam evenL COUNTY ADMENISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) CONTINUED FROM 4/7/98 - Approve an Alternate Road Impact Fee Calculation for the Naples Heritage Golf and Country Club CNHGCC) Development. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMLSSIONERS Appointment of member to the Health Planning Council 2 April 28, 1998 II. B. Appointment el' member to the Utility Authority. C. Appointment of member to the Elispanic Affxir~ Advisory Board. OTHER ITEMS A. OTRER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC IIEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARLNGS - BCC A.. COM"PILEI~£NSFVE PLAN AFIENDMENTS B. ZO NIg~'G A?,fENDMENTS I) Petition No. PUD-S6-22(1), Dr. Neno J. Spagna representing Pcttr and ,',lark Longo, requesting a rent, ne from "PUD" to 'PUD" to comply ~ ith the sunset'ting requirements of section 2.7.3.4 of the Collier County Land Development Code and to reformat the original Pine Ridge Center PUD into a style presently utillzcd by all new PUDs for property located in the southwest quadrant of the Pine Ridge Road (CR-896) and 1-75 Interchange Activity Center, east of Pine Ridge Center West PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.73 acres. 2) Petition No. PUD48-11(1), Dr. Neno J. Spagna representing Anthony F. Janclgar, Trustee, requesting a re:tone from 'PUD" to "PUD' to comply with the sunsetting requirements of section 2.7.3.4 of the Collier County Land Development Code and to reformat the original Pine Ridge Center West PUD into a style presently utilized by all new PUDs for property located in the southvrest quadrant of the Pine Ridge Road (CR-9803 and 1-75 Interchange Activity Center, west of Pine Ridge Center PUD, located in section 18, Township 49 South, ICange 26 East, Collier County, Florida, consisting of approximately 8.87 acre~. 3) CONTINUED FROM 4114198 Petition No. PUD-96-12, J. Gary. Butler, P.E. representing Royce O. Stalling, Jr., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a m,~lti-family development for property located east and adjacent to Santa Barbara Boulevard, one-half mile north of Davis Boulevard (SR-84) In the south ½ of section 4, Township 50 South, and Range 26 East, Collier County, Florida, consisting of approximately 39.82 acre,-- 4) Petition No. PUD-8740(3), Douglas 3.. Wood of Siesky, Pilon & Wood representing Falling Waters Beach Resort, Limited, requesting an amendment to amend the Woodfield Lakes PUD for the purpose of changing the name of the PUD; To delete a stipulation requiring an access road from the project to U.S. 41 East CTamlaml Trail Easl) and to rezone 2.$ acres from aA" Rural Agricultural to "PUD" Planned Unit Development and to Incorporate same into April 28, 1998 13. the renamed PUD for groperty located east of C.P,. 951 and on the north side of U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of t;9.32 acres, more or less. CONTINUED FROM 4114/98 Petition No. PUD-91-2(1) William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting a rezone from PUD to PUD hax~ng the effect of amending thc Notnhbrooke Plaza PUD to increase thc amount of gross floor area devoted to retait/~ervlcc/o~ccs; res~sing tbe number of development tracts from three to two; making other changes to the PUD to reflect changes that have occurred since the PUD was first approved and to update the references to those in effect, and to amend the Ma.~er Plan for property located in the northwest quadrant of X-75 and Naples- Immokalee Road (C. IL 8463, in Section 19, Township 48 South, Range 26 East, containing 43 acres, more or less. s) Community Development and Environmental Services Div~slon repre~entlng the Collier County Board of Commissioners requesting the following ~reet names changes for streets located in Golden Gate Estates, Unit 95, Section 4, Township 49 South, Range 26 East, Collier County, Florida; 1" Avenue N.W. is to be changed to Teak Wood Drive; 3'~ Avenue N.W. is to be changed to Coral Wood Drive; 5'~ Avenue N.W. is to be changed to Hickory Wood Drive; and 7" Avenue N.W. is to be changed to Cherry Wood Drive. C. OTHER I) Petition AV 98-005 to vacate a portion of the platted 10 foot wide Drainage Easements on Lots 3, 4, I0, I 1, 27, 28, 32, 33 and 37, Tract 5, according to the Plat of "Pelican Strand Replat-IB" as recorded in Plat Book 29, Pages 23 through 27, Public Records of Collier County, Florida. 2) Pctition AV 97-029 to vacate a poet;on ora 7.5 loot wide Drainage Easement in Lot 1, Block C, and to vacate a portion ora 7.5 foot wide Drainage Easement in LOt 9, Block C, according to the Plat of "Briarwood Unit Two", as recorded in Plat Book 22, Pages 92 through 94, Publle Records o1' Collier County, Florida. BOARD OF ZONLN'G APPEALS A. ADVERTISED PUBLIC HEARINGS I) Petition CU-97-27, '6'illlam L Boover, AICP, of Hoover Planning, and Beau Keene, PE, representing Golden Gate Assembly of GOd Church, requesting Conditional Use "I" of the Estates Zoning District for reconflguring the property boundaries of an exi~ing church and for addition of buildln~ and parldng for property located at the Northeast corner of 39" Street SW and 29" Avenue SW, in Section 36, TownsMp 49 South, Range 26 East, cons~stlng of 5.07+/- acrea. 2) Petition No. V-98-4 Robert L. Duane representing Naples Community Hospital requesting a 30 foot dimensional variance from two required 15 foot gtbac 'ks to zero feet, to construct a building across a common property boundary in PUD zoning districts, for property located in the Collier Health Center PUD and the North Naples l~edical Park PUD zoning dls~ricts, located in sections 22 and 2.1, Township 48 South, Range 25 East, Collier County, Florida. 4 April 28, 1998 ~) (~NTTN1~ED TOS/) i/98 Petition CU-98-2, Klm Patrick Kobza, Esquire, of Trelscr, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting Conditional Use "4" of the C-4 zoning district for a used car lot, for property located oa Golden Gate Parkway, east of 500. Street SW and west of Tropicana Boulevard, further described as lots 3, 4, $ & 6, Block 248, Golden Gate, Unit 7, in Section 28, Townshlp 49 South, Range 26 East, consisting of 0.57+I- acres. 4) S) Petition V-98-3, Anita L. Jenkins of Wil~on Miller, Barton & Peek, lac., representing Naples HRS Partnership, requesting a 6 foot variance from the required side yard setback of IS feet to 9 feet for property located at 215 North Airport Road, further described as Tract "B" of Airport Road Plaza, In Section 36, Township 49 South, Range 25 East, Collier County, FL. B. OTHER Petition V-98-I, A. Kurt Ardaman, representing ABC Liquors, Ina, requesting a 15 foot variance from the required 15 foot landscape buffer strip to zero (0) feet for property located on the north side of Tamlzml Trail East and further described as Lot 36, Naples Grove and Truck Company's No. 2, in section 1I, Township 50 South, Range 25 East, Collier County, Florida. STAFF'S COMblUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion h desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered scpat a/ely. COMMUNITY DEVELOPFIENT & EN'VI~RONMENTAL SERVICES I) Recommendation to approve Commercial Excavation Permit No. 59.639 Grey Oaks Phase I-B Lakes 26, 27 and an addition to Lake 22, located in Sections 24 and 25, Township 49 South, Range 25 East: generally bounded on the North by World Tennis Center and Kensington PUD, on the West by AJrport Road, on the South by Golden Gate Parkway, and on the East by Wyndemere and the proposed Livingston Road. A re~olutlon approving the Local Housing Atshtance Plan (HAP) for fiscal }'ears 1998-1999, 1999-2000 and 2000-2001 as required by the Florida State Housing Initiatives Partnership (SHlla) Program; Approving a maximum award schedule; Approve increasing administrative costs of the ~ to a maximum of ten percent of the total allocation; Authorizing submission of the HAP to the Florida Housing Finance Corporation for review and approval; Authorizing the necessary certifications by the Chairman of the Board of County Commissioners: Approving the Inter-Local Agreement; ar, d approving the effective dates. 5 April 28, 19911 Do L J. Request to accept an s~tt. rnate security for Waterways of Naples Unit Two, and to cntcr into a new con~ructlon and maintenance a~ccmcnt w~th thc l)cy~lopcr. PUBLIC WORKS I) Adopt x Re~.lut~on authorizing the acquisition of land by g~ft or purch~tse of fee simple title intergsts and/or non-exclusive perpetual, road right-of-svay, s~dcwaik, utility, drainage, maintenance, drh~.~vay rg~oration and temporary construction Interests by easement for Golden Gate Boulevard Project, CI~ No. 62. PUBLXC SERVICES 1) Approval of a Renew~l of Sovereignty Lands Le~,e with the Board of Trustees of the Internal lmpruvement Trust Fund of the State of Florida. SUPPORT SERVICES 1) Amendment to the H~'~.nrds Analyses Update Agreement. 2) Agreement be~veen CoIller County and the Florida Department of Community Affairs for the De~'clopment of a Unlflcd Miti~tion Stratcg3r for Colllcr County and its Munlcipalitlex COUNTY ADMINISTRATOR 1) Recommendation that the Board of County Commissioners award Bid #9g-2791 for bollard lighting in Pelican Bay and approve a Budget Amendment for transfer of funds from Caplt~.l Outlay to Other Oper-atlng Supl)lles. 2) Budget Amendment Report. BOARD OF COUNTY COfV[bHSSXONERS r~mc£~.x.~£ous CO~q£S?OND£NC£ 1) ~,YISCELLA,N~KQU~ ITEMS TQ FfLE FQR R£CQRD WlT~. ACTIQN A~ DfRECTEi~. OTHER CONSTITUTIONAL OFFICERS 1) Endorse the Sheriff's Office grant applic~tion for funding for t~-: S~te of Florida~ Department of Community Affairs' An~Drug Act Fot'mula Grant Program. (Serious Habitual Offender Comprthenslve Action Plan Program). 2) Kndors~ the Sheriff's Office grant application for continued funding for the State of Florida, Department of Community Affairs' Anti-Drul~ Act Formula Grant Program.. (Street Gang Prevention and Apprehension Program). COUNTY ATTORNEY AIRPORT AUTHORITY 6 April 28, 19<)g 17. ADJOURN TO TYIE, COUNTY ADMTN]S~TOR'S OFFI~ AT 774..83~_-m. - April 28, 1~98 AGENDA CHANGES BOARD OF COUNTY COMMLC;SIONERS' MEETING APRIL 28, 1998 MEETING ADD: ITEM 8(B)(2) - EMERGENCY APPROVAL OF $6,400 TO PAY FOR MA TERIALS TO INSTALL 400 FEET OF CULVERT EXTENDING UNDER THE ACCESS ROAD TO SA WGRASS SUBDIVISION TO RECONNECT THE EXITING DITCH. (COMMISSIONER HANCOCK). CONTINUE: ITEM 12.01)(31 TO 5/12/98 MEETING: PETITION NO. PUD-96.12, A REZONE FROM "A "RURAL AGRICULTURAL TO "PUD" FOR A MULTI-FAMIL Y DEVELOPMENT FOR PROPERTY LOCATED EAST AND ADJACENT TO SANTA BARBARA BLVD. (PETITIONER'S REQUEST). WHEREAS, WHERE~tS, WHEREAS, PR OCLA MA TION water folto,vs a natural ~. cle from Earth to air to Earth again; and v,ater is a basic and essential need of every living creature; and our health, comfort and standard of living depend upon an abundant supply of safe drinking water; and WHEREAS, the CoP. ier County Board of County Commissioners believes that citizens should have a safe and dependable supply of water both now and in the fitture; and WHEREAS, we are calling upon each citizen to ride the water c3,cle and give drinking water a hand by protecting our source waters from pollution, by practicing water conservation and getting involved in local water issues. NOW THEREFORE, be zt proclasm~d.by, the.~fl.,of.C~..~U~ty Commissioners of Collier Count, ~orfda,~lhat ~he ~ek AGEND, A- :~TEM No. 2) 41'- APl? 2 8 1998 PROCL. AMA TION WHEREAS, Public Works services provide the physical infrastructure lhat is essential to our County's economic and social growth as well as its improved livability and qualio' of life; and WttEREAS, the support of an understanding and informed citizenry is vital to the efficient opera:ion of Public Works systems and prograrns such as water, stormwater, sewer, streets and highways, public buildings, and waste collection; and WttEREAS the dedication and teamwork of Public Works employees enables the County to satisfy its citizens needs, meet demands for improved services, seek new technological advances and address growth and expansion issues; and WHERE,4& the health, welfare, safety and protection of our County citizens is the Public Works emplo)'ee's continued challenge to high-quality service performance; and WttEREAS, the County's Public Works departments are staffed with dedicated employees who's professional pridc and attitudes reflect the trust and importance placed in their job performance. ^'OW rnzRr, romr. be it pro~l~i~ed b~ th~'~d 3fqhun~ ~mmissioners of Collier Count, ~oil~, t~t the,wegk ~fM~ I [-~3,(i9~8 be designated as . :.~ :.-,. ~,,7.:~. '-,:. . . ...., in COIIieP'Coun~ and en~ura~$)be p~blic to pa~?~t~te in assisting the public o :5o 3iats to e c!.enO: effecn'ii¢ ae elop.'sr at ,'educate aha meet ih~'~b~t bressing nee&faCing bur Coun~ todd. '~'.4 [,: . DONE AjXtD O~E~D TttlS 28t Day of ~.. ' ,, "<'~ '~ ~'. .,~ . '.. ':'-~ ?~:,'-~.::* 7 COLLIER COUP, FLORA.: DWIGHT E. BROCK, CLERK AGENO.& ,~TEM No. _~.Pt -_ APR 2 8 Pg._ PR 0 CLA MA TIO..N. [Iq-IEREAS, WHEREA& WttERE~4 S, NOW THEREFORE. be it America has been known as the "Melting Pot ", the world where the value ora broad diversity of cultures contributed to the development of our democratic and pluralistic society; and the Hispanic heritage of over 28 million Americans is an essential part o four identity as a nation and o four role as a leader of nations; and the 20, 000 and more Hispanic Americans living in Collier County are an integral part of the domestic life of Collier Count)' and are becoming increasingly active and visible leaders in the community. ,mmissioners of Collier DONE AND DWIGt'IT E. BROCK, CLERK COLLIER COUNTY ADMINISTRATOR'S OFFICE April 20, 199~ 3301 E. TAMIA]~iI TR. NAPLES, FL 34112 (941) 774-$383 FAX (941) 774-4010 Paul Harvey Silver Slam, Inc. 179 Southbay Ddve Naples, Florida :34108 A CERTIFIED BLUE CHIP COMML,~ITY Re: Request for Public Petition - Waiver of Park Fees for Kids' Fishing Tournament Dear Captain Harvey: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 28, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be Iimited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a Future agenda for consideration at the Board's discretion. Therefore, your petition !o the Board should be to advise them ofyour concern and the need for action by the Board at a Future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building ('Building "lv') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any Further information or assistance, please do not hesitate to contact this office. County Administrator RFF/bp cc: County $~tv)rney ~blic Service~ Administrator APR 2 · Pg. / Collier Count'y Govcrrun:nt Tom Olliff Public Services Ad~tu~u~trntor ril 18, 1998. L)csi '['Onl, ., As you know, o~ \4~.y 2:a 1998 we arc hosting ~,,~cid.s fishing toumam~t ~ pa~ of the Sgver Sl~n g~ No~h Nnpl~. ~is ev~t is ~dcd ~ pm by a ~mt ~om ~c To~ Development Comcil ofColl[er Co~w md ~e rest by b~esses ~ ~e ~ea. ~ere is no ch~ge For the ~ds to fish md ~1 bait is berg pr~ide~ Wo have promoted ~ ~v~nt ~ a fmmgy fis~g day ~ fl~e pmnt or ~=dim must Kcompmy ~ ~. ~er: =~ nmcrous pro~mms in Napl=s but ve~ li~e h= been done for ~e ~ds ~ ~e no~ md md ~e response to ~e .kids to=n.~mt h~ bern ov~he~g. We We selected ~e fo~o~g Ioc2~o~ for khe Mds to fish: Fish Finders ~ V~d~flt Beach ~ Co~hatchee ~ver Prk Del Nor Wiggins State P~ mhd Lely B=efoot Beach P~ %e State ofFlod~ ~ w~ved ~= e=~unce =d P=~8 fees for ~e ki~ md ~e~ p~m ~d ~ ~sis~g wi~ a m~sua~!on =c= sc: up. I h~ve enclosed ~e le~ ~om ~ We ~ N hopc~ ~et Co,er Co~ Oove~:ue:~ w~ do ~e s~e for ~e fees at Co~leh~ ~ver P=k md ~ ~ly B~cfool Beach P~k. We expect ab~t 25 to 30 ~ ~ ~ of~ose l~atio~ floug ~ ~out I 0 volunteer observers md wei~ ~ten. We hope to ~ tb5~ a ~o cgst to~ent so ~ cm pa~icipate. All proceeds ruis~.d fi-om th/s event ere em"rnerked fbr grants to be given for m"d/idal reef development in conjunction with Colli~ Count/es Depmment of Natural Resources and Kevin Dugan. w~er quality studies in th~ Wiggins Pass Area in conjunction with the Wi~ins P~ss Conscrvency and schol=ship grants to kids interested in th~ sciences. Silver Slam Inc. h~ upplied for 501(3)c stares: Thanks for your help. S/ncerely, Capita P~ul H=ve~ SI'ever S[am Inc. '_.Tg S~,.~,b ry' ~'tiplef, ~.odc~ 3,~.0~ Agenda lJ:e~ NO.._~_L~ _ APR 2 8 1998 Pg._..~/ FdUC (~41) S'J7.7977 21. 1998 Collier Cou:ay P~rl.:s ga RecreaTion :,(r. Gat). 33C'2 S~:~ E~bar~ BNd. Nxp'.e~, F', ~4116 O~ G~'. s ~ =~n:~ogcd to you e~rlier we nrc pulling on .':~]:;~e 'l'oun~ncn~ ~d ~ ~oplc ~we~ Thc c~en: is fun~t~ in ~ by · ~C ~ has ~.t, pl:a~ for 50 itcX3) not-for .profit s~ :o fuad Dant~ for mifici~l reef~cl~m~t in ~nju~oa ~ ~ Collier ComW Dap:. of Na~21 Reso~cc'~ Kcvm ~ ~t q~l[W ~es ~u~ Ihe Wi~m Pa:s Co~e~'an~' and even~ly ~hol~p for l~shmg ~rc Vandcrbil~ B~h M~ ~J~r Wi~m Park =nC Lely B~cfoot Be,ch Park. ~m ~ n~ yo~ ~u~ i~ if~hc ~k[ng or ~u~:=e fa: to L~'.y Barely: Death P~L ~uld ~ w~d for ~ ~ on Sa~y ~y 2'a ~m g 00 ~ m to I:~ p.m. Wu am c~nliy Wi~ to i~vc O:c s~t: fcc wai~ Wc b~c~ ~d ~ct,~ tops or cmo~"s mt ~ ~. .A'o~d ~ placed ~' ~ bmf~ a~ ~ac~ ~ sidc of ~{c {r~k from 7:~a.m. to I ~ p.~ ~:~ to clo~ thc rmm~ or ~at ~i& of~e cf thc Toumm~cm md ~ ~x~ as ~ cro~'dcd. At Lely B~clbot Bcgch we ~ m ~Ic in ihe t1~ ~ng lo~ ~e~ invo!vcd huw fl~m ~vc m~ a call. I ~: ru~cs on ~{¢ b~cE Thc ~cc will ~ at my you ~ing rep~scntcd ityou cm find a ~. Picnic I~ mc know ir~ii has yo~ blcss~ chrng:s S~Iy, Tounnm~t Ditoctor Agen~ Item APR 2 8 I.q98 G~vcrncr Department of " '-:ronmentai Protection Dctnor.Wisgins Psss State Recreation Area 11 I00 C,~If Shore Dr. N. N~plc,s, FL 34105 AprU 7, 1998 Silver 179 .S.'.)~::7'P ,.; ;: .:: ,~:!., .~;cz: pleasure thrt t ara able to I~t you know thl! your reouest for the w~vc: cf c .::,:.cc tb:s lbr thc "Sm~l Fry Fishing Tou~ent" on May 2, 1998 was app:a: c~ ! ..,," dd Eke :o m~.et ~th you before the event, ifat sll possible. You c&n mc at ,,').4 i, 19q-5296. My suggestion is that ,11 perticipsats wsnting to enter the pm. rk on th~: .~.::~ ?.:'.'c :: ca.-:! :he; can display s~ th~ pss~ through the l~mgcr Station, so we will ~o',,. r.~: :c. c,?.:~.'ge :i:¢m d~e entrance f~e. Something simple caa be printed.up like "Smu~ F:'y .'-:.~Z::::~ Tv:mtament" will sutBce. · :.:, :,. ~'~ fur including us in your plato. I will look for fsvormblc mcdim wkich '-,;c~,:d:~ '.,~ ~ on: ofyour SincerelT, Rob~ M. Sl~iS~' P~rk "?::~;c~ Consc~e cnd ^'~lnaEc ,r/or/{~g's E/~/t-~nrne,~f end ,".'4ntrc! R~sottr~es' i' Agenda Item~ No ._rz,-e'<:l_ 2 H lgg8 ?g', ~ -- DATE: April 15, 1998 TO: FROM: SUBJ: ?'card of County Commissioners b.~b Ft-m:,,:dez, County Administrator 'l'ho:na~ W. Olliff, Public Services Administrator Pubhc PcU:,on for Fee Waivers Mr. Paul Harx'cy v. ith "Fish Finders, Inc." applied for and received approval for a fishing toumamen: Frimarily geared toward kids and is partially supported by Tourist Developn:em :.',.x funds. The sites being propo~d by Mr. Harvey include Barefoot Beach Preserv: a,d Cocoh,',.~chee River Park. Un. fortunately, Mr. Harvey was not aware that the County s~a,q' did not have the administrative ability to waive fees, which are established by resolution of' the Board of County Commissioners. As a result he has requested through the public pefifioa proc. ess certain fee waivers associated with the parks in order to have the tourna:nem without increasing costs or having lo charge participating children. The fee~ waivers being requested would be no'rnirlal and would include parking fees for the participan:s, znd d~e typical facility rental fee. Given that the Board has co-sponsored the event through its contribution of Tourist Development funds it is recommended that ~he waivers ~c al.g, ,.,.,'ed. TWO/iL PUBLIC S I: R ~,' I C I: ~; DJ VI S/ON"~ 0 N COURSE FOR SUCCESS EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE NAPLES HEPdTAGE GOLF AND COUNJ~Y CLUB (NHGCC) DEVELOPMENT. OBJECTiVE. i To present to the Board the results of a developer's alternate road impact fee study and staR's analysis of same and to request the Board approve staff's proposed alternate road impact fee for the NItGCC. CONSIDERATIONS: Attachment No. I is thc developer's Executive Summary for an alternate road impzct fcc study performed for the NHGCC. The developer initiated this study consistent with Section 2.03 of Ordinance 92-22, as amended, thc Collier County Road Impact Fcc Ordinance (th,: 'Ordinancc"). In that study, thc developer used thc basic methodology set forth in thc Ordinance and provided thc following findings specific to his gated, golf-course community: Average Trip Rate - Single Family Dwellings Multi- Family Dwellings Average Total Trip Length - Average Assessable Trip Length - Average Percent New Trips - 6.43 trip ends per unit per day 4.42 trip ends per unit per day 3.13 miles per dwelling unit 2.62 miles per dwelling unit 100% per dwelling unit Staffhas reviewed the developer's alternate fcc study and has determined that, while the methodology is consistent with the Ordinance, the data lead to somewhat more conservative findings. Specifically, the trip generation rate determination in the study suffered from a lack of uniformity in determining whether a trip was generated from a single-family or a multi-family dwelling, ttowcver, the trip rate produced by the developer zs within the range for the dwelling types provided in Trip Generation. In addition, the trip length determinations were based on a su:.,'c~ '4,ces~ionnaire that p:c [:~,::-.J irlcgut.",r results At~actm~ent No. 2 is staff's letter to the developer indicating the direction staffwould take in presenting the developer's case to the Board. Staff analysis of the support data provided by the developer indicates that a more conservative finding would be as follows: Average Trip Rate - Single Family Dwellings Multi- Family Dwellings Average Total Trip Length - Average Assessable Trip Length - Average Percent New Trips - 6.43 trip ends per unit per day 4.42 trip ends per unit per day 5.4 miles per dwelling unit 4.7 miles per dwelling unit 100% per dwelling unit' Attachment No. 3 is a set of road impact fee worksheets showing the range of road impact fees developed using both the developer's study and data results and staff's review and modified data results. Here follows a table summarizing these worksheets: Road Imoact Fee Ordinance 92-22 Staff Review Alternate Study DeL eloper's Alternate Study Single Family Multi Family $1379/unit $ 95 I/unit $ 926/unit $ 636/unit $ 503/unit $ 346/unit Although stal'z"s review indicates a 33% reduction in fee, this reduction is justified by the combination ora lower trip generation rate and thc obvious internal captm'c of thc on-~t¢ golf course and other social and recreational amenities. Staffrecommends that the Board accc~..ts and approves the staff, proposed altemate road impact fees for the NHGCC as presented abovl ~o ~)?, [J~'_._L' __~.APR Executive .:,ummary Approve an Alternate Road Impact Fee Calculation for NHGCC Page 2 FISCAL IMPACT: The NHGCC project is l~rrnitted for 847 dwelling units. No specific mix of single-family or multi-family units is given in the zoning approval. Staff.has assumed, for the purpose of this section of this Executive Summary, a mix of 33% single-family units and 67% multi-family units (280 single-family and 567 multi-family). This mix is reasonably consistent with other similar projects in Collier County. If accepted by the Board, this alternate road impact fee, given the assumptions stated, would reduce the future funds available in Fund 333 (Road Impact Fee District No. 2) as follows: Per Ordinance 92-22: Single-family Fees - Multi-family Fees - 280 units ~ $1379/unit = $386,120 567 units ~ $ 951/unit = $539.217 Total Estimated Fees -- $925,337 Per Staff Review (Case 2): Single-family Fees - Multi-family Fees - 280 units (~ S 926/unit = $259,280 567 units (~ S 636/unit = $360.612 Total Estimated Fees =5619,892 Net estimated reduction in future funds available GROWTH MANAGEMENT IMP,~;T; The alternate road impact fee reflects an appropriate impact on the arterial roadway system. There would be, therefore, no growth management impact as long as the reduced revenue is offset by reduced road needs. RECQMMENDATION$: The Board endorse staWs suggested alternate road impact fee; direct staffto collect the fees accordingly; confirm that this alternate road impact fee is site-specific and shall not be considered a general case in that differing sets of facts will result in a differ.-nt Ed Ilschner, Public Works Administrator Attachments: No. I - Consultant's Executive Summary of Altemate Road Impact Fee Study No .2 - Letter dated January 5, 1998 to Richard iL Bart, AICP No. 3 - Recapitulation of Road Impact Fee Worksheets and Worksheets IMPA CT FEE STUDY EXECUTIVE SUMMARY NAPLES HERITAGE GOLF AND COUNTRY CLUB March, 1998 C Kimle/-Igom md Imf / oF ~ -I APR 2~1 1998 N~e~ He~J~e G<~ ~nd Co~y C~ The Naples Heritage Goifand Country Club is currently being developed in Collier County as a residentiaI golf course community consisting of single-family and multi-famiIy dwelling units. The site, located west. of County Road 951 and southeast of Davis Boulevard in CoIlier County, is approved for both single-famiIy units and multi-family units. Due to the unique character of'this development, the trlpmaking characteristics of residents are not readily associated with land classifications provided in the Collier County impact fee schedule as $ingle-fa,T,i;), or multi-family dwelling units. For that reason, an Independent Transportation Impact Fee Study v)as prepared by K. imley-Horn and Associates, Inc. in August 1997. This study, developed in order to provide alternative trip generation rates and trip length variables for use in computing more accurate impact fees for this development, was submitted and reviewed by Collier County staff'. The possib, le need to further analyze trip characteristics for land uses represented in the impact fee ordinance was no).ed in the April 1992 Transportation ImpaclFee 1991 Ut~date Study performed by Tindale-OIiver and Associates, Inc. In this study, the consultant recognized the limitations of the County impact fee land use categories and stated the hope that the County would be receptive to specific land use studies. The benefit ofsuch a study is that it reflects the true traffic impacts and travel characteristics associated with a development. Although the study may resuIt in a reduction of in:pact fees, the level of'impact and need to improve area transportation systems will also be reduced. This Independent Transportation Impact Fee Study was performe~l based upon the methodology agreed upon by Collier County staff'. The study included analysis oft. rip generation rates and trip lengths associated with three similar golf course communitieS'located in Lee and Collier Counties. The results of the .study indicate that average trip generation rates and trip length variables for the studied communities were less than the variables used by Collier County in the calculation of impact fees. A comparison of the results is presented in Tables 1 and 2. O:4~67.00 Execut~ Sun'wnar/- Imp~ FH Stud,/ Table 1 Trip Generation tLqte Comparison (Trips Per Dwelling Unit) Collier County Measured Average Land Use Trip Generation Rate Trip Generation Rate Single-Family (Detached) 9.6 6.43 Multi-Family 6.5 o 6.6* 4.42 * Rat~ repreaent mulli-family uniu with I-2 stories and 3-5 stories ~~y. Table 2 Average Trip Length Comparison (Miles of Travel Per DU'} Collier County Measured Average _ Land Use Assessable Trip Length Assessable Trip Length Single-Family (Detached) 4.7 3.13/2.62* Multi-Family 4.7 3.13/2.62* * Average Trip Length reprcaent$ total trip Icnglh variable and assessable trip length, re~:x~ixx:ly. For Naples Heritage it is expected that in the future, the proximity of the development to other commercial areas will be similar to that of the other sites analyzed in this study. We have identified planned commercial areas and activity centers in the vicinity of Naples Heritage at thc C.R. 951/Davis Boulevard, Santa Barbara/Davis Boulevard, and C.R. 95 IiRattlesnakc Hammock Road intersections. Although these sites are not built out today, they are expected to support residential areas .such as Naples Heritage and other developing residential areas in the vicinity. These existing and future areas with approved PUD's include Tollgate Commercial Center, 951 Commerce Center (or 1-75/Alligator Alley PUD), Westport Commerce Center, and Shoppes at 2 IATTACHMENTNO._ ] ..... PAGE OF. Sasrta Barbara. In addition, the existing Kings Lake commercial area on Davis Boulevard is app~oxf~aa~ely two mi]e~ to the east o£1qaples Heritage. Naples Heritage residcrrts, Ii~ those of'the other golf course communities gudled in Collier and Lee Coum/eg arc and whl cominue to be mostly retirees, who do not m~ke u many trips as thc typical neighborhood comsmmity r~dent. This is reflected in the independent transport~on impact fee study remits al~d in the ITE Tri~ G~alion manual in daIa collected for Retiremem Commmities. Retirement comrntmity resideats do r~ot make the school trips ami work trips that a typic, al regdential area res'idem migh~ m.l~e. Similarly, retirement ~rea residents do not make as ma~/long cl.;suite trips (such as typically longer commuter work lzips), oa a normal weekday. Sbc, e May 1996, building permits have been L~sued, and pact rets ~ve been charged, based on thc cune~ County calculation. It Ls the tmderga~ding of Naples Heritage Golf md Country Club that, if the Cotmty approve~ use o£~e alternative rates presented ia the indeTe~dem tee study, they w~ be c:',edhed For fees already paid under the exlsl~g impact fee system. AI'I'^CHMENT NO.., P&GE 4 APR 2fl 1998 COLLAR COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT January 5, 1998 Richard R. Barr, AI'CP Kirnley-Hom and Associates, Inc. 2636 Mitcharn Drive TalIahassee, FL 32308 Re: Naples Heritage Golf and Country Club Alternative Road Impact Fee Study Dear Mr, Ban-: 3301 E. TAMLAMI TRAIL NAPLES, FL 34112 (941) 774..8494 FAX (941) 774-5375 Thank you for your letter of December 17, 1997, same subject. In that letter your reviewed the issues we had discussed at our November 25, 1997, meeting. Among those issues were the trip generation rate derivation and the nip lengfft determination. In your letter, you recollect that we had agreed upon the trip generation rate after you explained that your data collection and analysis included service trips and excluded construcOon trips. The trip generation rates that your study derived for this project are 6.43 trip ends/day per unit for single-family units and 4.42 trip ends/day per unit for multi-family (condo) units. lYE's Trip Generation provides a range of 4.31 - 21.85 trip ends/day per unit for single- family units with an average of 9.55 trip ends/day per unit (R? = 0.96; o -- .98). For mul.ti- family (condo) units the Trip Generation figmres are 1.83 - 11.79 trip ends/day per unit with an average of 5.86 trip ends/day per unit (R? = 0.82; o = 0.91). The figures derived from your data and analysis are within the range of values set forth in Trip Generation. In addition, they correlate quite well to both the R2 and o ranges. We also reviewed the mw data sets that you supplied. This review was to determine the reliability of and the reasonableness of the data and the conclusions drawn therefrom. Based on that review, it is our opinion that the language in the Ordinance (Section 2.04.C.4) provides the basis for using the trip lengths in the Ordinance's defining study (the Tindale-Oliver report) rather than the derived trip lengths from your study. In this case the trip lengths for either type of dwelling unit are ~t forth as 5.4 mile~ total n4, length and 4.7 miles assessable trip length. I '.o. PAGE ! _OF= Z ~. Richard 1L Bart, AICP January 5, 1998 Page 2 Given the foregoing discussion, we are prepared to present an Agenda item to the Board wh/ch wou!d u.se your trip generation rates and the Ordinance trip lengths as a basis for detenainir, g the road impact fees to be charged for this project. The fees associated with these parameters would be $922.00 per single-family unit and $634.00 per multi-family trait These figures, if acceptable to your Client and to the Board, represent a difference of $457.00 per single-family unit and $317.00 per multi-family unit (a one-third [33%] reduction from the fees set forth in the Ordinance). Please review the in. formation presented herein with your Client and let us know how you wish to proceed. We look forward to hearing from you. If there are any questions, or if you need additional information, pIease contact me at 774-8494. Best personal regards and best wishes for a safe and happy new year. Very truly yours, Edward J .E. Senior E r CC: David F. Bobanick, Transportation Services Director File: Naples Heritage PdF Study IATTACHMENTNO. Z.} PAGE ~. ~OF_ ~ Recapitulation of Road Impact Fee Worksheets Naples Heritage Golf and Country Club Trio Rate ~ Y~. Unit Fee Source of Com0utation SF MF Total Assessable NewTri0s SF ME Ordinance92-11 9.55 6.47 5.40 4.70 100 $1379 $951 StaffReview 6.43 4.42 5.40 4.70 .100 $ 926 $636 Developer's Study 6.43 4.42 3.13 2.62 100 $ 503 5346 Notes: Staffreview is based on the use of Developer's raw trip data and the use of Ordinance mileage. This comparison was made as a consequence of Developer's study being based on locations more centrally located with respect to attractors than the subject site. The subject site lies near the boundary ofthe Urban Area as delineated in the Growth Management Plan. In addition, Section 2.03.C.(4) specifies that the trip lengths utilized in the compilation of Appendix A may be used as an independent source in lieu of a site- specific study Therefore, staffha'; utilized the total and assessable trip lengths as presented in the Tindale-Oliver Study incorporated and made a part of the Ordinance for the purpose of this review. IA'[TACHMENT NO. PAGE / OF CemM' Cev,~ · f ~M l~4,e4cv 4 Teeg Tap, L4,,,~ 11ll4 I/S ~ III rl)l I ATTACHMENT NO PAGE _OF CM~M ATTACHIdEIqT NO., PAGR ~ OF''~' ~ APR 2~3 1998 ,~.,./! r4111~ ce.m~ I "'153e J · ~ C,ee4 J Sie M ~e~F · Pq114~ Nome:. IATTACHMENT NO._ .~ PAGE., ,,z~ _ OF F_,XECUTIVF. SUMMARy EMERGENCY APPROVML~ OF $6,400 TO PAX/FOR 1VIA~~S TO INSTALL 400 FEET OF CULVERT EXTENDING UNDER THE ACCESS ROAD TO SAWGRASS SUBDIVISION TO RECONNECT THE EXISTING DITCH. OBOE.~: To receive Board approval for the cost of materials for the installation ora connecting culvert extending under the access road serving the Sawgrass Subdivision off Cypress Way East in Palm River Estates for $6,400. CONSIDERATIONS:. This project involves the installation of approximately 400 feet of 24 inch reinforced concrete pipe (RCP), to connect the north/south drainage ditch along the east side of the Palm River Subdivision which has been blocked by the access road to the Sawgrass Subdivision. The Palm River ditch is the primary outfall for stormwater runoff from the north and east. This co:mection will serve as a relief outlet for excess stormwater runoff generated in major rainfall events by conveying water south to the Immokalee Road Canal (Cocohatchee River). The Sawgrass Subdivision stormwater management design was initially reviewed and approved by the County Engineering Review Services and the Stormwater Management Department upon the recommendation of the design engineer, Butler Engineering. Further scrutiny of the stormwater management plan revealed the need to provide a connection in the event of critical extreme runoff situations. The design engineer has worked out an agreement with the Developer's Contractor to install approximately 400 feet of 24 inch RCP with two mitered ends and two junction boxes for a cost of $12,800. The County representatives are recommending that the County pay for the cost of the materials (50% of the total cost) and the Developer will cover the cost of the installation. FISCAL 653210-00000 for the purchas~ of culvert available in Fund 001-General Fund Reserves. IMPACT..: Funds in the amount of $4,000 are available in Fund 001-172930- pipe. Additional funds required of $2,400 are Fund No. 001... (General Fund) Cost Center No. 172930 Aquatic Plant Control Object Code No. ~53210 ( Culvert Pipe) f}ROWTH MANAGEMENT IMPACT: None ~£COMMENDATION: That the Board of County Commissioners approve the e,~diture of $6,400 as the County share of this recommended culvert installation and authorize staffto process thc necessary Budget Amendment. PREPARED BY: Stormwater Management Coordinator Date REVIEWED BY: John H?Boldt, P.E., P.S.M. Stormwater Management Director Date APPROVED BY: Ed Ilschner Public Works Administrator Date OBJECTIVE: To appoint I member to fulfill the remainder ora vacancy plus 1 additional year in order to stagger the terms representing Collier County on the Health Planning Council. The vacancy is for a Consumer or a Health Care Provider and the expiration date will be September 30, 1999. CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for-profit corporation created under Chapter 409.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A consumer member is an individual who is not a health care provider or a health care purchaser. A Provider member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per }'ear, usually on the third Thursday ofthe month, for about two hours. Some Board members assume committee responsibilities as their schedules allow. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY Ot~ ELE~TFOR ADV. COMM, William Shafr. r Consumer 2 Elaine N. Madeb Consumer 2 Sandra Buxt~n Health Care Provider 3 Catherine Kennedy-Campbell Health Care Provider 2 ye~ fda yc~ n/a yes n/a yes n/a COMMITTEE RECOMMENDATION: William Shafer FISCAL JS~IPACT: NONE GROWTH MANAGEMI~NT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint I member to serve on the Health Planning Council with the term expiring on September 30, 1999; and, direct the County Attorney to prepare a resolution confirming the appointmenta. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 28, 1998 AGENDA IT~,I ~oo.~ APR 2 8 1998 Pg._ / HEALTH PLANN~G COUNCIL OF SOUTH'WE~ FLORIDA, INC. ]3, 1~8 Ms. Su~ Fflwn, Ad~n/~rafiv~ Assis~rrt Board of ~lli~ ~ Co~ssione~ 3301 E. T~ T~ Napl~, ~o~da 34112 Thank you for forwarding the names and communkations fi'om the four po'sons who applied for a Collier County Comrni~sion appointment to the Board ofDirectors ofthe Heahh Planning Council of$oulbwe~ Florids, Inc. Unless directed to the contrm'y, our Board is asmming this appointment is to fidfill thc unexpired term ofSefrTCy S~f'cld, a co .n~urner member f~om Naples who resigned effective March 9, 1998. Thst appointment expires on September 30, 1998, at which time ~e new Boe'd member eom Collier Cotmt my wi h to ,ek ppointment. Irthe Cemni, ioren prefer, cr r. e could be apl~ntcd iastead to s term expiring on September 30, 1999, thercby staggcrin8 Col~cr County's two allor,.ed appoinune~. Based upon a rcvicw ofthe m,-,--ials provided to this agency, our membcrsMp commi~ recommends William S~arer for appointment as a consumer member o£our Board. Mr. Shafer's sustaJned involvement in {be Princeton Proje=t 55 Center for Civil Leadership gi',,~ oviduct ofhh comm~ty eommitme~ his nearly 30 years ofsucceasfu] employment wkh Mem']I Lynch tmd~ncores his loyalty and produa{,,4ty, lie would bring a new persp~c:~,e to the work o£the Corox:il. For your additional in£ormagon I am encl~g the categorization list you requested. Should you or our Commissdoncrs de~ eddigong information or assistance on this matter, please feel free lo conta:t me directly. Thank you for your courtesy and Sbr...erely, Mary W. Sc~hhe~, M.$. F-.xeemive Director AGENDA .o. APR 28 1998 COLLEGR PARKWAY (941) 433..~?00 b~qTE3 SI/NC'OM 731-~700 FORT MYERS, FL 33919 FAX (S41) 4,t~aT0a HEALTH PLANN~G COUNCIL OF SOUTHWEST FLORIDA, INC. Cstegorles of Membershlp Board of Directors Health Planning Coundl of Southwest Florida Co~r County Consumer or Purchaser Men~,r Apn'l 1998 *Consumer:. an individual who is not a Health Care Provider or a Health Care Purchaser. E~sjble appl~cant($): Eh[ne N. Mar[cb W'dliam C. Sharer *Health Care Provider:. tn individual who deliver~ health services or who is a member of tn organ~Lion that delivers health serv~ce~. I'ieallh care providers include, but are not Umited to, physicLa~s, medical doctors, o~eopath~, dentists, podiatrists, nurses, chiropractors, physician a~si$l~ts, dental L~sttnts, mental heaJth professionals, administra:ors and employees of health car~ insiitugons. Eligible applicant (s): Sandra Bux~on, RN, BSN, MA Catherine Kennedy-Campbell 'Health Care Purchaser:, an individual who is responsible for, or tn authorized member of. an orgtnization or agency v,~ch is responsible for the purchasing ofheahh care services for a group of 25 or more individual~ whether d~rectly or tkrough aO:luisition of heal~ in~urtnce coverage. Health care purcha~*r~ include, but e'e not limited to, representatives o£individual bu~netae~ employer coalition& 8overnment~l unhs, l~bor organiz~ons, consumer groups tnd health inmrors. EEgible appllcam: '~ource: Chapter 10-$.002, lqorJda Admlubtrat~ve Cede Noie~ The current opening on the Board is open only to a Container or Purr..hue~-~ applica~ eom Co~i~ Count. AGENDA .o. Irc') APR 2 8 Pcj. ~ '1998 9250 COLLF~E PARKWAY (94 I) 433-67O0 5'UITE 3 SUNCOM 731-6700 FORT MYE'P~, 1~ ~$919 FAX (941) 4336703 BOARD OF DIRECTORS HEAL'TH It.k~ITtN(] COUNCIL OF SO~~ OF SOU~ ~A, INC. F~bm~ I~ Robert R. AUen P. O. Box 1269 Arc, dh. Flork~ 34265 Office: (941) 9~-1727 Fa~ (~I) 4~t -5533 H~: (~l) 4~ ~II De~o Co~ (co~n~r r~rz~znt~) ~21 W. lira: (~I) 983-7~5 F~: at ~t~ News (941) 983-75~7 Nlchol~ ~r~ ~lumbia ~g[{mal M~lcal Center ~w~t Florida 2727 ~,r Avenue FoH M~m, ~orida 33ffiI F~: (94I) Ho~: (~1) ~1 ~rMra C. Cor~a ~SCORP 1329 Vh~a DHve Sar~m, RorJda 34239 Offi~: (~1) 951-2~2 Fax: (941) 362~51 Ho~: (~I) 955~180 Roan i. G~ (Chair~n) 1~ Sands Po~t Road ~ng~t ~, Rori~ ~4~ F~: (941) 742-5892 H~: (~I) 38~-8~0 F~: (~i) 383~517 ~m~ ~ Cure. er P.O. ~x 1~57 Fo~ Myra, Ro~la O~: (~I) 278-~ H~: (941} 332-~29 Franklin I1. Manta, Jr. 2263 Main Fort Myers, ~oH~ 33ffiI Offi~: (~1) 337~ F~: ~I) 337-7674 Ho~: (~1) 278.5877 ~e ~ (co~r repressive) D~rr~ ~ Me~y S~ ~n~ T~i~ ln~m~ 4748 ~a R~ S~m~, ~Ma 34~3 Offi~: (~1) ~-13~ ~. 380 Fax: (941) 921-7~ Ito~: (~I)9~59 ~ota ~ ~rovMer Paul E. Ndmn 10184 A~owhead Driv~ ~na Gor~, EorMa 33955 Home: (~1) 637-71~ F~: (941) 639~831 .off. site ~r~nt ~ta~ (co~r r~gr~t~.t) Jeff~ E. ~eld 717 W~vm ~e N~I~, H~da ~1~ O~ce: (941) Ho~: (941) 5~-9379 Co/l/er ~u~ (co~tr WiIlhm R. 5napp. ~ ~62 Quos Way NapI~, ~ori~ ~4112 Offi~: {941) 436-5112 H~: (~l) 775-7195 F~: (941) 43~5914 O~ier ~ ~r Mallha E. Valiant, M.D. Hendry/Gl.~les County He~ld~ Department P.O. Box 70 ~lle, ~ofida 33~5 He~ O~: ~l) 67~! SC: 7~1 F~ (941) 674~ ~ SC: 7~6 H~: (~I) 67~32 ( ~i~ Slade~ ~ ~der rep~~) APR 2 8 1998 APR- ':. 1998 DATE: April 3, 1998 )oard o~ Count? TO: FROM: Vinell Hills, Elections Office . /-.~d'r/''~, Sue Filson, Administrative Assis~ni--/,J'.,'~ ' Board of County Commissioners ~ - RE: Voter Registration. Advisory Board Appointments The Board of County Con~nissioners rill soon consider the follov;ing individuals for appointment to one of the county's advisory committees. Please let me 'know if those listed below are registered voters in Collier County. Also, please list the commission district in v,'hich each applicant resides. HEALTH, PLANNING COUNCIl, COMMISSION DISTRICT William Shafer 9653 Gulf Shore Drive, #402 Naples, FL 34108 Sandm Buxton 7816 Gardner Drive #203 Naples, FL 34109 Catherine Kennedy-Campbell 7035 Greentree Drive Naples, FL 34108 Elaine N. Marieb '.~ 6361 Pelican Bay Boulevard, #1505 Naples, FL 34108 'I"nank you for your help. AGEN.(~ APR 2 8 1998 MEMORANDUM DATE: TO: April 3, 1998 Mary W. Schulthess, Executive Director Health Planning Council of SW FL, In.~cl~ FROM: Sue Fi!son, Administrative Assista~ ~ ' Board of County Commissioners'C./ - Health Planning Council As you know, we currently have a vacancy on the above-referenced council. A press release was issued requesting citizens interested in serving on this council to submit a resume for consideration. I have attached the resumes received for your review as follows: William Sharer 9653 Gulf Shore Drive, #402 Naples, FL 34108 Sandra Buxton 7816 Oi/'i:Iner Drive #203 Naples, FL 34109 Catherine Kermedy-Campbell 7035 Greentree Drive Naples, FL 34108 Elaine N. Marieb 6361 Pelican Bay Boulevard, #1505 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment to the council, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 77~8097. Thank you for your attention to this matter. SF Attachments AGENDA No. //~ APR 2 8 19 18 Pg. fit:}_ HPCSWF !- .:~ l-lL--.alth Planni~ Council of Southwest Florida : ~,-'-, .,~.~. B~ard of Directors ApplicaIion L NO.../-.,~~ APR ~ ~ 1~ Pi~c attach a carrot r~ume wd m~-n to thc H~,~lth Plam~ing Council of OF WILLIAM C. SHAFER ~00 ~£lt~Ore way 91002, Coral Gable$, (305) 448-0589 APR 2 B 199B P9 12:22 ~IU. LYNCH 0B3ECT/;VE A ~anagement, sales management, or an appropriate public contact ~sl~ton w~ich as ~ ac~t=ea skills (~les, tn~rs~al ~elat~ons, ~1~ expression, yes,eh=s). EDUCATION P~NC~ ~I~%~-gI~, Pr~nce=o~, N~ Jersey ~chelo= o~ ~=s Degree ~11 tuition sc~l~sh~p, scuden~ e~lo~ent, c~l deacons ~), class re~ion c~=tee, athletics, st~nt ~~nt. ~i~ s~ior ye~. ~resident of Class EXPERIENCE F~nage~ a seven:y-five person staff, dealer wi~ bo~ d~esCtc and off-shore inves~rs, i~ivi~ul ~,t co~r~e, in ~e center city. . In 1985, ~e fire vas rest~ctur~ a secona t~ (~e firs~ was in 1981 - see bel~), ~ ~e ~t~ ~ertc~ burn, sss, regresen=ing 45% of ~e ~1, w~ reloca=ed, leaving only ~e d~estic clients. . Ia the ~cceeding ~.ree years, the los= bus,ess was reglaced and total busines~ ~cee~ed 120% o~ ~e ~i~.e~ o~eration tn 1985. ~e o~ftce led ~e 5ou~ Florida ~gion in revenue ~d ~rofit gr=~ tn the last three ye~s. . The s~ff ~d a great variety of ethic .n~ ~ltural bac~s. Increased a~ual revenue ~ five ye~s fr~ ~5 =i111on to $15 million. Vol~ta~ily retire~ after 29 ye~s' ~e office h~ ~ree pr~ f~ctional divisions in 1976~ 1. Instttutio~l clients~ 2. ~sttc ~ivid~ls ~ o~tzations; 3. ~tin ~ric~ a~ o~er high net ~r~ off-site ~- ~ivid~la ~ org~zations. In ~e tnstitut~l s~ent, ~ an ini~l a~ff of seven, selectet a core group of t~ee a~ ~llt it to a ~tal ol 15 ~ 1981. ~e fi~ was res~ccur~ in 1981, a~ ~e i~tutfon~l business, representer 31% of ~e ~1, was rel~, l~v~q ~stl= ~ Latin Pmeric~n clients. Revenue ~oubled in the next five years to excee~ the ann~ revenue of the original three divisions by AG£N9~. No. /1 ADD ') o · I:P~--93-1959 12:23 1'/3:~ILL LYI~::N N 1~ P,~3,'~6 ~IR/LL LYNCH, PIERCE, FENNER AND SM/TH (continued) VXC~ P~ESIDENT - ~l~s, Georgia 5~3 - 8~6 . Sale~ gain~ ~ ~ ~re consistently ~e average. ~S~T y~R - ~l~s, G~rgia 2/72 - 5/73 ~ O~T!~. ~ ~NING - N~ York, N~ York g/71 - ~GIO~ S~ ~-~ ' N~ York, N~ York 9/~9 - 9/71 Was one of ~our ~/o~1 Sales . ~:~na:e& sale~ of ~:ee n~ ~tual fu~ in ~tely SO o~fices ~gh 2000 Rcc~t ~e~ves ~eas= ~g~on. . ~e region acco~tea for a l~ger 9ercentag· of ~e Eales ~ ~Y o~er reg~o.. ~C~T ~~- Orl~o, Florida 5/60 - 8/6~ . H~le~ i~ividu~ cus~r accosts. ACC~ E~T~ T~- ~lando, Flori~ 10/59 - 5/60 -- . License~ as a Merrill L2nch Acc~= ~e~=ive in ~ay, 1~60. ~~ ~,~, Yp~ilan~i, ~ichigan 7/55- 3/56 MILITARY NAVY LIEUTENANT · joined U. $. Navy flight training April, 1956. 4/56 - 10/59 Awardea Nav~ Wings October, 1957. Flew heavy attack air,aft, active duty, un+_{l ~o~, 19S9. ~is inclu~ USS F. D. ~s~el~ ~ier ~ ~i~e~. I~c~ve s~s ~t~ ~il~ 1962. Miami ~o~ry Clu~ Columbu~ Kiwanis Club (~ber of ~rce (office= ~e~ve ~cia~lon of ~e~l fi~cial se~ices ~cie=ies Several ~n~ cl~ (~olf ~ ~) CO~KUNITY ACTIVXTIE5 HO Pg Colum2=us United way Cami~lgn (chairman) Hiam~L Unit, e~ Way Campaign (Chairman of '~he Znv~n{m~nt Comaunity DivLaLon) Conti~ · · 1998 COMMUNITY ACTIVITIES {continue~) Select£ve Service Bo&rd of South Florida Junior A=htev~mnt - S~or an~ Director ~ijmi C~lition (a grip o~ local civic ~ b~ness ~rsons. fo~d primly ~ la.ch ~i~i~s v~ PROFESSIONAL ENDEAVORS ~b~=a~o~ ~t~ee ~er of N~ York S~ck ~c~g~ ~ S~ Florida CHURC______HACTIVITIES Deucon an~ £1~e= GENERAL INFORMATION Born 2-4-33 in Cincinnati, Ohio; marrle~ - three chilaren, ~wo grandchildren; excellent health. available upon ru~uest. AGENE~& Z T.,EH APR 2 8 1998 P.N BSN 34109 4olo98 Mrs Sue Fil~on Adm£nfscrative ASSistant Board of Collier CDuncy co~missfoners 3301 g. Tamiami Trail Naple6, F1 34112 ~Oard Of' Court,j, Co~fsSfOners Mrs sue Filson, Please consider this an expression of interest of The Health Planning Council of Southwest Florida. For your convenience I have sent a resum~ in case ode is required to complete the process. If I am needed co provide additional infor/nation, feel free to call upon me. Respectfully, APR 2 8 1998 SANDRA BUXTON ~.~., B.8.~*, ~*~* A. L.F. CO~E ~UALIFIED ~.~¢1) 514-2391-FAZ SANDRA BUXTON 2.N., B.8.1~., M,~-, ~.~'.F. (941) 514-2171- P~. {941) 514-2181 S~RY O~ QUALIFICATIONS gala-motive:et manager and te&m playez elth more than 12 years o[ pL~res~lve responsibiiiL¥ in all aspecLs O: health care delivery Dit.ctor of ~uzalng A~inistz'a~lon and ~.,.amlni~tratoz o! ~zofit dl;d leadership, mo1:ivation and organizatio~ which effectivelf increases productlvi~y and reduces turnover. long-term care facilities. SAH~Lg ACCOH~LISHM~NTS QUALITY A~URANCE MONITOR - FACZLI~S IN CRISES- Review SFGte~, ld.n=l~y deficit., ~lop and establish pr~eduzea ~equired for correcti,= dCL~o,~ L~ achieve c,mr~liance ~iLh gederal dnd ~tate-manda~ed guidellae$; knowledgedl,~ and ensure resident-cea:eyed care. M~DIATOR- Xnterface between staff a~d management in facilities with low p~oductivity &~d high turnover. ~mplor pxiflctples of total quality managenenc, em~over associates and create a te~ enviro~ent whvze assOCidCea v~c LO work and ace positively reinforced got high pet~o~f,tdfl~. Re~ agen~ uae C~ leis than 10%. STAF; RDUCATOR - Skillea and experienced in developing training curriculum. p~oceaure m~nuals amd implementing ~rograms foe license~ and unlicen6ed 4aeocidces t~t ideecifr objectives, establish performance l~vels and increase d-areness ef quality assurance sta~r~. EDUCATION & C~TIFICATION~ Florida ALF c~re qu&li~led WEBSTER UNI%'B~.SXTY, WebeLe~ GrOVel, F, AR~'ZLL~ UNIYERSITX, Chesterfield, · ae~41o~ of ~ieaee de;res - HISSOUR! GAPTI~T HOGPXTAL, St. ~egiatered Licensed 1900 Graduated 1988 Graduated 1985 Graduated 1981 ;ROFig$SIONAL A~PILIATIONS & HONOR~ ~iesouri League for Nursing ~ ~in~$~rators, Inc. - Current · lorl~ Nurses ~lation - 2996 ~o Pre~enC Directors Of ~urli~ ~lnistration, ~ng-Te~m Care - Current ~z ~o'& Who In ~rl~n ~rs{ng - 1990 ~o Pre~ent APR 28 1998 p~ep.~atiofl ~ c~li.nce. · ~e.poc~le :oL a $4 ~llllo~ a~,.al bu~c dr.d a sta~ o~ .~.- i~ a Dec. · A~ifliaCeZed d G3 milliu~ ~,mual bunco it, d ;40-~d UUC-~UL'p~u~AC LctiCeMnt c~nity. X. dlcal ieuOz~ Amd all COaCCACt~ ' · t.W. Coal~t _ . _.J_.l ...... ~v*zt fo~ wO~Cvdre d.wi~hed Lo ~-~ ~aiu~d a.a p~uv~ uu.- --rr- . .... . · ,__ T~'dvel~ 10~. Z~~ ~SZS E~70~ Oct. llJO - A~. ze~ulaC/o~, uuC/1 ~azt~z'd~ ~ z-~tabl/ihvd- Oct. 1~1~ ' Oct. 1]~0 mm I AGE~OA I.T~M APR 2 8 1998 12:21 ~J ~15~J12~JG4 Sue F'dson Adminisu~ve Assisum Boazd ~C. oRier Coum~ Commis,~oners 3301. Ttmia.,'ni Trail E, tst 34112 (Fix) (941) 774-3602 P~ 81 Match 30, 1995 I sm writing in regards to the vacancy on the He. flth Plarming C. om~ otSouthw~ Florida, Iac. Ix)mi. I am applying for the position of"consumer" ~s defined in the March 13, 1998 press release. I ~m neither · hea~ c.m'e provider nor ~ health care purchtser. I a'n currtndy working ts a part time practice mmagemem co,,,,atnwt and am ~ending Florida Gult~ Univmity as · student in the Ms.ste~ of Public Ad.m~str~fion Program. I hxv~ wodr. ed in the hetlth ca~ envimmnent for ovtr twen~ years Ind hav~ had the unique opportunity to be s~tiv~ involved ~ the implement~oa ofmmaged care in Collier Comtty durLn8 ~ las~ fiv~ yeah. I believe that CoRier County is 8o~ to exp~ence extensive 8m:nv~ ~ the b,~ttth cm'~ sector as it continues to be a dyz~nlo grow~ nuu'ket. I wouJd wdcome the opportunity to ~ bad, c to ~e I lave enclose~! my r~rme for rr,'iew and would be happy to answer any qucsdons. T'oa~ you for your time La thi~ mart~'. $iacerdy, 7035 ~ Drive Naples, Florkla 34108 (94]) 594-1953 home (94]) 594-29(,4 flor AGENDA/~EM No. /tr? _ APR 2 8 1998 CA T//ERJNE rrNNED¥.C4M~BELL 7035 Cn'eentree Dr~¢ Naplca, ~ot~Ja 34108 (941) 594-1953 Re~d~ (941) 594-2964 F~( OVERV~W Manaled Care- ' Diverse experie~,e in a V~ety of highly penetrated mamsed care environmer~s Opentionali~ ph'~iclan-hospi~ o~on d~ sn'mt over 2~o pm',icipatinS ~dy tn.mume~ tn the d~ve~op~ent off,ct en~loy~. Assisted loctl ~A to implement NCQA credentia~ ~delin~ for partic~p~in& phl~ and rutcir~es ts well ss demograpWe guid~ for 1PA entry. Worked to but'Id a trust rdati~ between ph,~icians and bosphtL Advisor to Executive Board of Physician Hospital Org~on exl Southwest AGENDA I..T EM . APR 2 8 1998 PROFESSIONAL EXPEBIENCK Health P~sou~ Oa4~ N~ple~, Flo6d~ ~/~zy l~J~-Nov~n~J:~r 1997 Tot1] ~~ for deign tJxl impl~on of~ ~ 0rga.niz~on for for MSO n,xxtule. ~ job descriptions and work flow. Impl~ wrinen policies and on cust~ ~ces and client sagsfa~ott Worked closely with I:atlolxll MSO ~ Health Community Health Partners, Naples, Florida Exeo. nive Director sa~.~/l~94-May 1~96 Respor~'ble for the opefzfionalization ofNaple~ Phyxictan Hos~al ~on. Acted u l~tbon to both p~ and hosp~l to create mack~ driven PPO products. ~ in t~ developm~, design ~xt lmplemeniagon oftll PHO contracts, both direct and indirect. Crexted and dism'btn~ both PHO ~ Manual and Physician Dir~..4~'vely p~tic~pated tnd coordinated activities for all committ~er, finance, contracts, provider relations, cr~~, b~dgets. Re~lved claim or co.t.ict issues for phygc~an off, ce& payers md employert Conducted ~ in grvices for physichm and employen on new contra~'~s. Neg~ated ~ ~:leme=ted wi0tl~d as FI-I0 revenue stretm. Southwest Florida l't~icians' Assoctatton, Inc., Naples, Florida Consuha~ lantary 199~-Ianutry 1997 methodology, messenger model corm'act in~l~tlon and capitation/risk strategies and ectucatiort. AGENDA ITEM .o. APR 2 8 1998 ~41~42~Jb¢ P;~. 1~4 C~l~r~e Kennea~~ell P~ $ Wemhore Practice Mtnqemeut, Naples, Pr~ue Su~ 199'2-Amc operagons, poffcies and procedures, overhead and o~her related expenses, systems review, payor mix tnaly~ proobctivity antlysis, sccamu receivables, coding, tnd fee ~ulysis. Start-ups could be either ~ or specifx: dependin8 on __r~__.s ofphyslcian cliem. Northcout Practice Mamtgemeut, Cleveland, Ohio lh-iv~e Consultsnt Client base included both physicians and hospitals. Hos~als couuacted for a~sinance with physician start-uN or for evahations ofhospital based physicla~ b;n;~ dep~mems. Physician clie~,s would contract for rnar~ement serviccs as outlined in the abov~ position relating to C~,l~fand Olnlc Ironndation, Cleveland, Ohio Dh'ec'tor, Adm;nismttive Coordinator Department July 1980- Stnu~y 1985 Director of 22 Administrstive Coordizmot~. Reported directly to Division Head of Operatior~. Coordi~tors had total admira'stmive resporm'bility for ail ~'eas ofhospi~ ope'~o~ as k re.ed to the ~ nursing units. Nursing units hsd two lines of authority crm~ and ~e. Izuera:ted with s Jl deparuo~s ~ the CCT system to emure p~eu~ sstisfactlofl and coutiraous qusllty ofcare. Served on numerous CCF commkt~ including the In~ernatlonal Pa.~ent Commiuee. Worlced ou special projects as usigned. Cleveland Clinic Foundation, Cleveland, Ohio Wee.~ma Lsb ~sa~er August 1973-$lnua~ 1977 Supendsed 24 weekend tmployeet Scheduled lab draws and made employee assignments. ResPon~le ~r ~~ ~ ~ r~ in a timely ~. Provided all p~ EDUCATION M.~,,.r of Public Adminisu'~tion Prognm Florida C-~ C.o~ Unlv~rsity Ft. Myers, Florid~ ~ e~lled in MPA pro/~un, second ~me~er Master ofBusiae~ Admin~rahon Prosram Cl~,,'gar~d Sine U~rfity, Ck'vehnd, Ohio Coraplaed 1% y~ars towards MBA prolF'am, moved to Florida B~.helor of Aris, Communication Clevehnd StsIe Uaiversiry, Cleve~d, Ohio Agdidong U~ergr'Mu~e course work Cue We,nero ~ Uz~',gty, Clevelsrut, Ohio PROFESSIONAL AFFILIATIONS Medicg Crmup Manag~rnt'ni Association Am.:rican Group Pr~aic~ A.~:x~tion Collier County Women's Polidc,l Csucu~ Col~er Coum7 Medical Min~er's A.~oci~ion COMMUNITY AFFILIATIONS P~ Presldem, Coi~er ~ Medical Society Alli~n~ P~ Clulrn~ md foundln~ member, Cdller County Wom~'s Heshh Week P~z~ Mer~ber, Pine Ridge lVgddle School, PTA Board of Dire~ Hat. 24 19919 19:491:~ P1 Fax Transmittal Cover Sheet 3/24/98 Date: ............ '-- B~aFdo--T~o~nty Cm~tsstoners #pp. including cover ~eet: 4 goarO of Coun:~ Commissioners From: Elaine Marieb, 6361 PeUom Bay Bli/d Pentllou~ #5 Naples, FL 3 41.08 Fax ~: (941)5140626 Remarks: Herewi th '.my ,a2E! t c.a&fon for_a.pltl.itlgll.l)ll.tbe_li~Ltb.-Pla~'miz~--- Co,.m c i_l_ o..f_ S_o.~ t..h~ ~.t, _~10..rl~_~r... AGENOA ITEM NO APR 2 8 IFJ8 PH~ N~. : 813 592 72S1 Ma~'. 24 1998 10:5{~AM P2 6361 Pelican Bay Blvd Unit 1505 Naples, FL 34108 March 23, 1998 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: 1 am interested in applying for the upcomin~ position on the advisory board of the Health Planning Council of Southwest Florida, Inc. I am enclosing my curriculum vitae which indicates my Master's level training as a Gerontological Clinical Nur~ Spe~-ialtst to underwril~ my suitability for this position. I have been a Naples resident since 1995, am a registered voter, and have qualified for the Homestead exemption. Thank you for considering this application-- Sincerely, · Marieb, Ph , APR 2 8 1998 pg. ~ : aanasonic TAD/FgIX I:'H3,E NO. : B13 5~2 72~1 Mar. 24 1998 10:5~:~ P3 Resume/Curriculum Vitae Name: Elaine Nicpon Marieb Address: 6361 Pelican Bay Boulevard (#1505) NaPles, Florida 34108 Marital status: Widow Permanent resldenee: Naples, FL. (Since 1995)' Educational Background: FhD Zoology, University of Mass. 1969 MA Gerontological Nursing, University of Mass. 1985 Professional Background: Instructor of Biology, Springfield College, Springfield, MA; 1966-1967 Professor of Anatomy and Physiology, Holyoke Community College, Holyoke, MA; 1969-1994 Visiting Professor, Dept. of Biology, Edison Community College, Collier Campus. 1995-present. College textbook author with Benjamin/Cummings Publishing Company, Menlo Park, CA (area-Human Anatomy and Physiology); 1981 to present. Titles: Human Anatomy and Physiology, 4e, 1998. Study Gutde for Human Anatomy and Pnystotogy. Se, 1998. Human Anatomy, 2e, 1997 (E. Marieb and I. Mallatt) Human Anatomy and Physiology Laboratory Manual, Cat Edition, Se, I999 Human Anatomy and Physiology Laboratory Manual, Fetal Pig F. dltlon, Se, 1999 Human Anatomy and Physiology Laboratory Manual, Main F..dltlon, 4e, 1999 £ssent~alt of Human Anatomy and Phystology, Se, 1996 The A & P Coloring Workbook, Se, 1996. Series consultant and coauthor of CD ROM Human Physiology Modules codeveloped by Benjamin/Cummings Publishing company and A.D.A.M. Software, Inc. S.,.rved on the Instrumentation Committee of the National Science Foundation for .two years APR 2 8 1998 Pg' ~ - PHOI~ ~0. : Bl~ 592 Ma~-. 24 1998 10:51P~1 P4 Member of: American Association for Advancement of Sclcnc~ Human Anatomy and Physiology Society Human Physiology 'Society Explorer's Club Sigma Xi Kappa Delta Pi Tempo Zonta AGE NI~.~I T E~I~ .o./U' ~ APR 2 8 1998 OBJECTIVE: To re-appoint 1 member to serve a 4 year term, expiring on May 2 I, 2002, on the Utility Authority. CONSIDERATIONS.: The Collier County Utility Authority has I term expiring on May 21, 1998. This $ member council was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in un-incorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 3 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4 years. A list of the cu,-rent membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEQORY DIST ELECTOR ADV. COMM. Robert C. Bcnr.¢t~ Executive Mgmt 3 )'es Black Affairs Advisory. Committee Utility. Authority COMMITTEE RECOMMENDATION: NO RECOMMENDATION FISCAL IMpfiCT: NONE GROWTH MA~NAGEMENT IMPACT: NONE [RECOMMENDATION: That the Board of County Commissioners consider the request from Robert C. Bermett for re-appointment and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners APRIL 28, 1998 AG£ ND~.,~[ T,~ No. / l~//9 APR 2 8 1998 TO: FROM: SUBJECT: DATE: RECEIVED M E M O R A N D U M APR - 8 1998 Sue FiI~o~, A~mim~hve A~i~I, ~o~ ~~mmi~io~ Bleu ~Vallace, Utili~ Regulation Manager~ Collier Coun~ Water and Wastewater Authod~ April 8, 1998 I have reviewed the request of the applicant seeking reappointment to thc Collier County Water and Wastewater Authority, keeping in mind the qualifications required for a technical member vacancy. Section 1-3 (E) (1), Ordinance No. 96-6, as amended, provides for technical members to be appointed based on individual expertise in one or more of the following areas: (I) Engineering: with expertise in water and sewer systems; (2) Executive experience in finance, accounting, ratemaking, and/or utility regulation; or · (3) Business administration. Section 1-3 (E) (5), Ordinance No. 96-6, as amended, provides for staggered initial terms, "with appointments or reappointments thereafter, whenever possible, to be for a term of four (4) years for each member." Robert C. Bennett, Jr., 7065 Dennis Circle #103, Naples, Florida. A Naples resident with executive management and business administration background; very active in the community; affiliated with numerous local, state, and national associations. Mr. Bennett is completing the initial two year term as a member of the Collier County Water and Wastewater Authority established in 1996. His business administration background qualifies him for reappointment. While qualifications are capsulated above, no recommendation is contained herein. APR 2 8 tVork Phone Name Home Phone George J. Schroll 829 Bluebonnet Court 642-3928 Marco Island, FL 34145 District: I Category: Tech:,.ical/Business Administration Neno J. Spagna 3850 27th Avenue, S.W. Naples, FL 34117 District: 5 Category: Technical Utility Authority Appt'd DateRe-appt 05/21/96 455-2168 Exp. Date Term 2ndExpDate 2nd Term 05/21/00 4 Years 05/'21196 05/'21199 Joseph A. Mandy 6280 26th Avenue, S.W. 348-0806 Naples, FL 34116 District: 3 . _ ,,~ ~tt 4 ~ Category,': Civic Pride .~,~,~ '~,...~.~' Richard F. Bemmann fd'Sq'~c/~' ..(~.s"r 05/21/96 58 N. Collier ~oulevard, #150 Marco Island, FL 34145 District: 1 Category: Civic Pride Robert C. Bennett 7065 Dennis Circle 103 352-021g Naples, FL 34104 District: 3 Category: Executive Management 08/26/97 05/21/01 3 Years 4 Years 05~1/99 3 Years 07/16196 05/21/98 2 Years This 5 member authority was established on February 27. 1996. by Ordinance No. 96-6 to regulate utility rates and related matters regarding pon-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, wi~ expertise in engineering, financ(: and/or business administration. The remaining 2 members sha~l be appointed on the basis of individual civic pride, integrity, and experience in any aren of regulation. Members are required to file a Form 1 Statement of Financial Interests ,)ach year with the Supervisor of Elections. Terms are 4 years. Staff: Bleu Wall3ce: 774-8577 -Wednesday, August 2 7, 1997 Page I of I APR 2 B 199B MEMORANDU~ 3 RECEIVED DATE: April7, 1998 TO: Vinell Hills, Elections FROM: Sue Filson, AdmiMs~tive Bo~d of Co=W Co~ission~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. UTILITY AUTHORITY COMMISSION DISTRICT Robert C. Bennett ?065 Dennis Circle gl 03 Naples, FL 34104 Thank you for your help. AG£1NI~)A~. APR 2 8 1998 PO - -,,,;/~'~' ' " ~EMORANDUM DATE: TO: FROM: April 7, 1995 Bleu Wallace, Utility Regulation Manager Sue Filson, Administrative Assisl~ Board of County Commissioners '" RE: Utility Authority As you -know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert C. Bennett 7065 Dennis Circle #103 Naples, FL 34104 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. Ifyou have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments APR 2 B Pg 09:49 9413537719 P~E 81 03/25/1998 RECEIVED NAR 2 ~ 1998 BENNE'rr SEARCH & CONSULTING CO. 7065 DENNIS CIRCLE #103 .~ard of ¢ouncy Coanissioners NAPLES, FL 34104 (941) 352-0219 FAX (941) 353-7719 FAX TRANSMITTAL SHEET DATE: March 24,1998 TO: Sue Filson FROM: [k~b Beunett SUBJECT: Utility Authority Number of pages including transmittnl sheet -4 If all pages not received, please call Bob Bennett at (941) 352-0219 Comments: Attached i~ my requesi for resppo|ntmmt and s copy of my rt~ume. Thank y~u. APR 2 8 1998 03/~5/199B 9413537729 PAGE 92 ROBERT C. BENNETT (~41) 3~2.O219 FAX (941) 3~19 Ms. Sue F*ds~m Board of CounUy County Commissioflefl 3301 Fast Tamlami Trail Naplt~ FL ~112.4977 J~ir Mt. FShon: Think you for your letter o£ March 23, 199S advbin{ that i mt7 rt~ppoi~tment to thc Ut~ Author. I m~u~ ~u~ thtl I be .sppint~, sc~in{ on ~e Autbofl~ 1nd f~ this we bsve p~om~ our dutb I havc cnjoy~ At our m~n{ on M~ ~, Mr, W~t~ sh~ us I s~mms~ of w~ ~ a uni~ our actions for ~he hat y~e~ 'A' ~ ~;~.i ~:.~de~ c~'~ ~q Attached i~ my updated resume. Robert C. lknnefl I~o APR 2 8 1998 03/25/1998 e9:49 9413537719 PAGE: 83 ROBERT C. BENNETT PRESENT BUSINESS EXPERIENCE: President, Bennett ~rch & Consulting Co., Jo executive ~rch mad msa~cment consulting firm, succctsor to Bennett-Hill A A~sociJ, t~s, Inc. Pr~ident~ i~-nnctt Swim Co~sultnnts, Inc. Master Distributor of UltrnVie~ technolo~ for the flisiufecflofl of water in swimming pools, spas, co~ing towers and wine water pianu. PAST BUSINESS EXPERIENCE: Executive Vk-e Pruldent tad Board of Directon, NItionnl Electric Products Corporntlon, Pittsburgh, I~A.(OTC)· Board of Director's Neoco Realty Corp. and Nepco of Canada, L~d. Chairman of the l~oard, Prukient /CEO W~entiand KJectr4c Products Corp., I~t~bursh, PA. Seutor Vice PrTsJdent~ JJdl lnter~outlnentai Corporation (NYSE), New York, NY. later known as Wheelnbrntor Frye. Viee Presideut of'The Equity Corp.(ASJ~) wbk:b Ofli~cr an~or director of ~ and Equit~ affiliates, jududlng Pociflc Industries, Inc.(ASE), Rrnl Estate Properties of New York, The Garden City Company, Intex Oil Inc. (ASE), Acorn Chemkll, Inc. and the C'nJe. a$~o, Aurm"n and Elgin RaJlrood. President, Bennett - Hill & Assoctates~ [n~ tn executive search firm with offices Nap~, CJeveiand~ ChJca~o, New Yos4t, ]J4Jf~a, and I)tRtl. Board of Directors of Alarmos De Me~i~) and IndusWia Stookey, Mexico City. Vice-Chairmnn of the Board of rite Nat~ttl Association of Executive Recruiters. Young lSrcs~dent Yale Univers~ industrial CoBese of the Armed Fortes Am~ Manas~men~ Associafloa General Mana~nent Course. Later rimmed AG. EN~A.. Ho ~ APR 2 8 1998 9413537719 P/~ 04 COMM~Y INVOLVEMENT (PAST AND PRESENT) One of f'rve Bo&rd membefl of the Collier County Wirer and Wlstewater Authority Board of Director's American Cancer So, lely. Board of Trustees, Southwest Florida College. President of the Yale Club of Southwest Florida. Vice President Endowment. Member of the Board of Trus:ee~. President, Beta Tbcta Pi of Southwest Florida. Board of Governors the Naple~ Bath and Tennis Club. Board of Dir~tor~, Florida Tennis Association. Pr'~idrnt. Pittsburgh Tennis Association. Vice Prc~ident, Middle States Section of the United States Tennis Association. Member - Collier County Citizen's Advisory Board to Collier County Commbslon. V'~ce Chairman of the Black Affairs Advbory Board ofCoflier Connty CommiHion. Vice President and Board of Trustees, YMCA of Collier County. Graduate Collier County Sher~f'n Citizen's Academy and nine Advanced Academie~ Sheriff's appointment as a Civilian Volnnteer. F_.dttor of Badge & l, Cey Sheriff's internal newspaper. Appointed as one of the Sherl~s Commisslmlers. Coordinator of the Citizen's Acadetny Grnduate's Network. AWARDS Received Time MmiC. lam and Pittsburgh Chamber of Conmt,~ce "O~tst~sfiq Young Me o of Pittsburgh Award" Rotary Prim Harris Fdbw. AYA (¥aJc UnJvcrJJt~ AJusm! ~tbn) (~dtotaodlq .~,m'v~.e Awav~d. Swimming All AmerJeam AGENDA No. /~ APR 2 8 1998 :;': 4' , ,,':e.,::.,~", ..~,;:'." .:~..',r~ ~,' E '~UIVlIVId~X' . '~_~.,:~;.'~,. '~..~ :; ~ : . .. ~,:.~.,~. .. ~, ..~.~,~,~ ~ ..... ,~.~ ~,~.,. ~. -. ~ '&~n · .--~ ...... ,~ ,.. -~ ~-~-,. -,.' · , · .... -~,..--~ .,' ~: To appoint I member to ~lfill ~e remainder ofa ~c~t te~ expiring on 25, 1999, on ~e Hisp~ic Affairs Ad~ao~ Bo~d. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: SPPLICANT CATEGORY ,~IST ELECTOR. ADV. COMM. Sandra Buxton nYa 3 )'es none COMMITTEE RECOMMENDATION: No Recommendation - the committee was unable to obtain a quorum for a meeting within the time frame for recommendation required by ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION: That the Board of County Commissioners consider the application for appointment and, if appointed, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 28, 1998 AGEN Z~_~N NO.~ APR 2 8 1998 MEMORANDUM TO: FROM: Sue Filson, Administrative Assistant Board of~sioners Ramiro ~ich, Chief Assistant County Attorney DATE: April 15, 1998 RE: Application of Sandra Buxton for membership on the Hispanic Affairs Advisory Board Please be informed that the HAAB has been unable to render a recommendation in regard to the above mentioned application. The reasons for this are two-fold. First, HAAB has devoted recent meetings to the Immokalee farm worker employment conditions topic. Second, the HAAB was not able to obtain a quorum for a meeting within the time frame for recommendation required by ordinance. Please submit this application for consideration by the Board of County Conunissioners without recommendation of the HAAB. Respectfully submitted. CC: Frank Rodriguez, HAAB Chairman HAAB Members David C. Weigel, County Attorney Hispanic Affairs Advisory Board lYame Work Phone A£pt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Jorge Chemas 354 Osprey's Landing, #2206 Naples, FL 34104 District: 3 Category: 649-3282 08~26~97 06/25101 Kate L. Warner 12/16/97 ~-564-xhtFmm"L-'a~ / '7 / 7 r7~-i.32.3 - Naples, FL ~ ~' q ~ oS" t.4 2.5"- q'5-~ ? District: 1 Category: 06/25101 Dora S. Vidaurri 611 Nassau Street Apt. #3 Immokalec, FL 34142 District: 5 Category: 658-2082 08/05/97 06/25101 Pete Cade, Jr. ! 903 Leed Avenue Immokalee, FL 34142 District: 5 Categor)': 657-1763 08/05/97 06/2.5/01 Eva Delashmet 4521 Fifth Avenue, N.W. Naples, FL 34102 District: 3 Categoo': 353-0070 11114195 06/25/98 David Correa 11257 Longshore Way West Naples, FL 34119 District: 5 Category: 06/06/95 06/25/98 Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: 08/01/95 06/25/99 Wednesdto', December 17, 1997 4 Years 4 Years 4 Years 4 Years 3 Years 3 Years 4 Years AGEND~ APR 2 8 EI98 VACANT VACANT Naples, FL District: Category: Hispanic Affairs Advisory Board Work Phone Appt'd Exp. Date Ho.re Phone DateRe-appt 2ndExpDate 04/16/96 06/25/99 Term 2nd Term 4 Years Frank Florencio Rodriguez P.O. Box 990244 Naples, FL 34101 District: 3 Category: This 9 member com~ttee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide pedodic reports to the Board of County Commissioners. Terms are 4 years. 08/01/95 06/25/99 4 Years 434-1975 FL 51.4 T: Staff: Ramiro Manalicl~, Assistant County Attorney: 774.8400 APR 2 8 1998 .o. /7/ MEMORANDUM DATE: March2, 1998 8o,,r,: o, ,.,~,.,,.: ~o,,,...~,,oners TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant~7 [ Board of County Commissioners '~ -" Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY COMMITTEE. COMMISSION DISTRICT. Sandra Buxton 7816 Gardner Drive, #203 Naples, FL 34109 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 2, 1998 Ramiro Mafialich, Chief Assistant C. oun~_ mey Sue Filson, Administrative Assistan. t~'_~ Board of County Commissioners Hispanic Afl'airs Advisory Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sandra Bumon 7816 Gardner Drive, #203 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepa~ an executive sunmmry for the Board's consideration. Please categorize the applicanta in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matt~'. SF Attachments AGENDA I%EM No o-~--~2~.~ AP, 2 8 1998 - SANDRA BUXTON - R.N., B.$.N., M.A., L.N.H.A. (941) 514-2371 -- Phone 514-2381 --. Fax The Orchards 7816 Gardner Drive, #203 Naples, Florida 34109 2-;5-~8 M.rs Sue Fiison A~iniscracive Assiscanc Bcard of Collier County Co~L~Lissioners 3301 E. Tami~mi Trail Naples, F1 34112 L Dear ~s Filson, Tha~< you for taking the time to provide me with a list of available advisor! positions. i have an interest in one of two open positions. 1) The parks and Recreation Advisory Board 2) The Hispanic Affairs Advisory Committee / if the criteria of se~/ing on the Hispanic Affairs Committee is that I be Hispanic, then I do not qualify. My work with the i~L~kalee population has increased my interest in this area. Thank you for providing other than the one previously provided, to send Respectfully, Sa~dra Buxton information to me. If you need a resume it shall be my pleasure ,¥~- SANDRA BUXTON H.~., Z.f.l*, (941) 514- 2371-PKONE (941) $14-2381'YAX 7816 GLt'dne= Dz'L'f'~, 1203 Naples, P2oz'J.d,& 3&109 AGENDA IT.~M I AP: 2 8 1998 ~o lo~g-~a~a caxe fac£11~iea. ~ lJII Grldlmtod LIIS ..APE 2 8 19~8 Pg-_ ~ 1390 la.nuary 7.3, 1997. :,c.'l'""l ~: "' ..... ' Mrs. Sue Fflson l~rd ot Cou~ Commissioz~rs 3301 TamLvni Trail Ea~ Naples, Florid~ 34112 Re: Collier Couzzty Advisory Committee ~ EXECUTIVE SUMMARY PETITION NO. PUD-$~-22(1), DR. NENO I. SPAGNA REPRESENTING PETER AND MARK LONGO, REQUESTING A REZONE FROM "PUD" TO "PUD" TO COMPLY WITH THE SUNSETTING REQUIREMENTS OF SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND TO REFORMAT THE ORIGINAL PINE RIDGE CENTER PUD INTO A STYLE PRESEN'II,Y UTILIZED BY ALL NEW PUDS FOR PROPERTY LOCATED IN THE SOIfI'HWEST QUADRANT OF THE PINE RIDGE ROAD (CR-896') AND 1-75 INTERCHANGE ACTIVITY CENTER, EAST OF PINE RIDGE CENTER WEST PUD, LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 8.73 ACRES. This petition will have the effect of repealing the current PUD (Planned Unit Development District) and replacing it with a new PUD (Planned Unit Development District). Revisions to the current PUD will have the effect of bringing the PUD and PUD Master Plan into compliance with the Collier County Land Development Code (LDC) pursuant to criteria set forth in Section 2.7.3.4. In doing so, the petitioner has reformatted the original PUD into a style presently utilized by all new PUDs which incorporates all current LDC requirements, development regulations, architectural and design guidelines, landscaping and infrastructure improvements into the new PUD and Master Plan. Additionally, the amendment re-visits the approved land uses, development commitments and vehicular interconnects with adjacent properties. CONSIDERATIONS: The Pine Ridge Center PUD encompasses a land area of approximately 8.73 acres, and is located within the southwest quadrant of the 1-75/Pine Ridge Road Interchange Activity Center. The uses provided for in the PUD include an assortment of business services for professional and medical offices, convenience and service businesses for the traveling and passerby traffic, retail establishments, restaurants, and mini-storage facilities for the local community. The PUD is designed architecturally as one center and is of such size that it provides a mix of land uses on-site. The master plan provides perimeter and internal landscape buffers, water management facilities, open space, controlled ingress/egress and water and sewer facilities. The master plan also reveals a shared internal roadway (Pine Ridge Cent~ Way) with Pine Ridge Center West PUD located east of the subject property. The shared roadway will act as a mutual means of ingress/egress bom Pine Ridge Road and serve to interconnect each of the PUD's. The PUD provides for a right turn lane, median improvements, contribution towm'ds a traffic signal, and compensating fight-of-way. For all intent and purposes the only substantive changes to the development regulations are as follows: APR 2 8 ~998 Ctnr~t PUD (Ord. No. 87-9) 1. Maximum building height 50 feet 40 feet Permitted principal uses Comm~al, office, retail W~r~houdng & self-storage, cornmeal, office, mail 3. Sigr~ Pole signs Pole signs proMbited Gasoline service stations/ mail/business/office & all other permitted uses No ~rcMtectmal & site design guide- Architectural & site design guidelines in accordance with LDC Based on the above information, staff is ofthe opinion that the proposed amendment is more restrictive than thc existing PUD Document in that it provides unified architectural and site design guidelines, complies with development regulations 'set forth in the LDC, provides shared/ngress/egress with Pine Ridge Center West PUD, prohibits pole signs, and limits build/nE heights to 40 feet. Staff'is also amending the Pine Ridge Center West PUD in accordance with Section 2.7.3.4 of the LDC and for all intent tnd purposes is identical with the subject PUD. These PUDs will co-exist together a~ a unified development, sharing ingress/egress, similar uses, and development regulations. This type of unified master plan and PUD document is also similar to the Naples Gateway PUD, Angileri PUD and Clesen PUD located on the north side of Pin¢ Ridge Road. Staff'is of the opinion that the original PUD Master Plan is too restrictive for a mixed use development and the new PUD Master Plan provides for creativity and flexibil/ty in sit~ design and land use plarming throughout the entirety of the site. The PUD Master Plan also provides landacape buffers, retention lakes, water management facilities and open space as set forth by the Land Development Code. Self-storage and mini-warehouses ar~ required to be setback a minimum of 200 feet from Pine Ridge Road and comply with the architectmaI and site design guidelines ofthe LDC. The Collier County Planning Commission reviewed this petition on April 2, 1998 at their public hearing and recommended approval of the petition 8-0. No members of the public spoke in opposition to or in favor ofth'.' petition. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves it~ objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal/rapact on County public facilities. ' impact fees prior to the-issuance of building l~,mits to help off-set the development on public facilities. These /mpact fees are used to fund p 2 Improvement F.,]ement needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The entirety of the Pine Ridge Center PUD is located within the Urban Designated - Interchange Activity Center on the Future Land Use Map to the FLUE to the GMP. The subject property is zoned PUD for commercial related land uses and is presently undeveloped. A review of consistency relationships with elements ofthe GM? is as follows: Future Land Use Element - This petition proposes an amendment in order to bring the PUD into compliance with the Collier County Gro,~th Management Plan and Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has re-formatted the original PUD and incorporated all current LDC requirements including development regulations, architectural and design guidelines and landscape buffers into the new PUD and Master Plan. The subject site is located within the Urban Designated Area as identified on the Future Land Use Map, within the southwest quadrant of the Pine Ridge Road/Interstate 75 Interchange Activity Center. The function of the Interchange Activity Center provides for a mixture of commercial uses (ex: hotels/motels, restaurants, gasoline service stations, business services, professional offices, retail uses, and convenience commercial uses) for the traveling and passer-by public. In 1983, the subject property was designated as a commercial node as indicated on the Collier County Comprehensive Plan and Map. In 1989, its designation changed to Interchange Activity Center. The designation change in 1989 specifically identified the subject property within the Pine Ridge Road/ Interstate 75 Interchange Activity Center, consequently earmarking this property for commercial use. In s~Ws opinion, the subject site has been designated as a commercial node for over 15 years, and the amendment to bring the PUD up to date with current regulations is deemed consistent with the criteria setforth in the Future Land Use Element and Growth Management Plan. Traffic Cir~:~latic~n Element - Staffhas reviewed the applicant's Traffic Impact Statement (TIS) and has made the followin? comments: Since no additional commercial area is proposed, there will not be any additional traffic generated by this amendment over the amount currently approved for the PUD. Therefore, this amendment will not exceed 5% of the LOS "C" design capacity on Pine Ridge Road within the project's radius of development influence (RDI). In addition, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The Traffic Circulation element lists Pine Ridge Road ~s a 4 lane arterial road fronting the project. The current traffic count for this segment is 38,224 AADT and is operating at LOS "C". It should be noted that the level of service on this segment is projected to fall below its adopted 1999. However, the planned improvement to 6 lane this segment is scheduled fc to meet concurrency requirements. Therefore, this petition complies with Policy 3 ,OS ~;~. ~d by ' completibff b'y 2001 _Open Sr~ace Element - The total open space is approximately (2.6 acres), and thc open space that each individual development parcel sets aside as a function of complying with setbacks, water management and design feamr~ exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as designed is consistent with the open space element. Other _A~p_ li¢~ble Element/sl - The~e include utilitie~ and water management. Devcl~ent of the land will proceed on the basis of connection to the County's ~ewer and water di~ribution ~ystem. Once Collier County Water-Sewer District as required by County Ordinances. Water management facilities will be comtmcted to meet County Ordinances and these will be reviewed and approved as a sanction of obtaining subsequent development order approvals. Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with a the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cl~xring, excavation or other consmiction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends that the Board of County Commissioners approve Petition PUD-86-22(1) having the effect of repealing the current Pine Ridge Center PUD, Ordinance No. 87-9, and adopting a new Pine Ridge Center PUD Doctm~ent and Master Plan. 4 APR ~ 8/998 PI~PA.RED BY BRYAN~ILK CURRENT PLANNINGMANAGER VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~o.86-22(1) £x ~¥~md DATR DATE 5 AGENDA ITEN TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 17, 1998 , PETITION NO: PUD-86-22(1), PINE RIDGE cElqTER PUD Agent: Dr. Neno J. Spagna, President Florida Urban Institute, Inc. 3850 - 27~ Avenue S.W. Naples, Florida 34117 Peter & Mark Longo 735 Galleon Drive Naples, Florida 34102 REOUESTED ACTION: This petition when approved will have the effect of repealing the current PUD (Planned Unit Development District) and replacing it with a new PUD (Planned Unit Development District). Revisions to the current PUD will have the effect of bringing the PUD and PUD Master Plan into compliance with the Collier County Land Development Code (LDC) pursuant to criteria set forth in Section 2.7.3.4. GEOGRAPHIC LOCATION: The subject property is located in the southwest quadran! of the Pine Ridge Road (CR-896) and 1-75 Interchange Acti','ity Center, east of Pine Ridge Center West PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.73 acres (see location map on following page). PURPOSEfDESCRIFTION OF PROJECT; The purpose for the amendment in one respect is to comply with the sunsetting requirements of Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has reformatted the original PUD into a style presently utilized by all new PUDs current LDC requir~nents, development regulations, architectural and design gui and infras~¢ture improvements into the new PUD and Master Plan. Additio 1 i I--= I.i~ II .................. L .................... I re-visits the approved land uses, development commitments and vehicular interconnects with adjacent properties. The Pine Ridge Center PUD encompasses a land area of approximately 8.73 acres, and is located within the southwest quadrant of the 1-75/Pine Ridge Road Interchange Activity Center. The uses provided for in the PUD include an assortment of business services for professional and medical offices, convenience and service businesses for the traveling and passerby Uaffie, retail establishments, restaurants, and mini-storage facilities for the local community. The PUD is designed architecturally as one center and is of such size that it provides a mix of land uses on-site. The master plan provides perimeter and internal landscape buffers, water management facilities, open space, controlled ingress/egress and water and sewer facilities. The master plan also reveals a shared internal roadway (Pine Ridge Center Way) with Pine Ridge Center West PUD located west of the subject property. The shared roadway will act as a mutual means of ingress/egress from Pine Ridge Road and serve to interconnect each of the PUD's. The PUD provides for a fight turn lane, median improvements, contribution towards a traffic signal, and compensating fight-of-way. SURROUNDING LAND USE AND ZONING: Existing: The property is presently undeveloped and a majority of the site is designated as upland vegetation. The property is zoned PUD and provides for a variety of commercial, business and professional land uses. Surrounding: North - To the north is Pine Ridge Road right-of-way. Further north is the Naples Gateway PUD. The subject site is presently undeveloped and is also approved for highway commercial, retail and professional office land uses, located within the Interchange Activity Center. West To the west is the Pine Ridge Center West PUD. The property is also undeveloped and is approved for commercial, retail, hotel/motel and professional offices. The subject PUD is also being reviewed concurrently by staff as required by Section 2.7.3.4 of the LDC. This property is also located within the Interchange Activity Center. South - To the south property is zoned RMF-6 and developed with the Hospice of Naples. Further south the property is zoned Agricultural, undeveloped, and has a large ake on-site. 2 APR 2 8 1998 To ihe east property is zoned Agricultural and is presently undeveloped. This property is also located within the 1-75/Pine Ridge Interchange Activity Center Botmdary. GROWTH IVlANAGE~ PLAN CONSISTENCY: The entirety of the Pine Ridge Center PUD is located within the Urban Designated - Interchange Activity Center on the Future Land Use Map to the FLUE to the~ GMP. The subject property is zoned PUD for commercial related land uses and is presently undeveloped. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - This petition proposes an ~nendment in order to bring the PUD into compliance with the Collier County Growth Management Plan md Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has re-formatted the original PUD and incorpor~ed ~i1 current LDC requirements including development regulations, m-chitecmml and design guidelines and landscspe buffers into the new PUD and Master Plan. The subject site is located within the Urban Designated Area as identified on the Furore Land Use Map, within the southwest quadrant of the Pine Ridge Road/Interstate 75 Interchange Activity Center. The function of the Interchange Activity Center provides for a mixture of commercial uses (ex: hotels~moxels, restaurants, gasoline service stations, business services, professional offices, retail uses, and convenience commercial uses) for the traveling and passer-by public. In 1983, the subject property was designated as a commercial node as indicated on the Collier County Comprehensive Plan and Map. In 1989, its designation changed to Interchange Activity Center. The designation change in 1989 specifically identified the subject property within the Pine Ridge Road/ Interstate 75 Interchange Activity Center, consequently earmarking this property for commercial use. In staffs opinion, the subject site has been designated as a commercial node for over 15 years, and the amendment to bring the PUD up to date with current regulations is deemed consistent with the criteria setforth in the Future Land Use Element and Growth Management Plan. Traffic Circulation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following comments: Since no additional commercial area is proposed, there will not be any additiorJal traffic generated by this amendment over the amount currently approved for the PUD. Therefore, this amendment will not exceed 5% of the LOS "C" design capacity on Pine Ridge Road within the project's radius of development influence (RDI). In addition, this petition is consistent with Policy 5.1 and 5.2 ofth¢ Traffic Circulation Element (TCE). The Traffic Circulation Element lists Pine Ridge Road as a 4 lane arterial road fronting the project. The current traffic count for this segment is 38,224 AADT and is operating at LOS "C". It should be noted that the level of service on this segment is projected to fall below its adopted LOS ~ standard by 1999. However, the planned improvement to 6 lane this segment is scheduled for conviction by 2001 to meet concurrency requirements. Therefore, this petition complies with Polic): 1.3 o~~ APR Z 8 1~, ~ Soace Element - The total open space is approximately (2.6 acres), and the open space that each individual development parcel sets aside as a function of complying with setback, water management and design features exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as designed is consistent with the open space element. Other A~li¢~.lple Elementis) - These include utilities and water management. Development of the land will proceed on the basis of cotmection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County C~andard$, they will be deeded to the Collier Coumy Water-Sewer District as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a sanction of obtaining subsequent development order approvals. Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the GM?. Where appropriate, stipulations have been generated to ensure cormistency with the G1V[P during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development with.in the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department staff. The subject site, was historically cleared and determined exempt from review by the EAB. However jurisdictional staff made recommendations for modification of PUD provisions to ensure compliance with LDC requirements and these are included in the PUD regulations. The petitioner is required to provide an eastbound turn lane, compensating right, of-way and arterial level street lighting. These requirements are part of the PUD regulations for traffic impacts. ANALYSIS: A PUD amendment is not a rezoning in the sense that the action rezones property district classification to another, each with different land use and/or density/intensi ~,. AGENDA ITE,~ OmN~~ y agenda'2'. -I~s APR 2 8 1998 amendment rather re-formats thc original PUD Document and Master Plan to comply with current development standards and elements of the Collier County Land Development Code and Growth Management Plan. B~cause ti'ds change is internal to the PUD Development strategy we conclude the act/on is that of an amendment as opposed to one establishing a new zoning district. When we use a rczoning process to accomplish a PUD amendment we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staff is of the, opinion that the required findlnEs for standard and PUD rezones do not apply in recognition of the fact that when the property was initially re'zoned the decision to approve the Pine Ridge Center PUD was based upon a preponderance of evidence a. nd conditions which supported the required findings for both standard and PUD rezoning actions. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises as follows: The existing Pine Ridge Center PUD provides for hotels/motels, restaurants, retail establishments, professional offices, banks, convenience stores and gasoline services stations. The amendment proposes additional professional, medical, and business offices including retail uses and mini storage facilities and provides a level of specificity for each of these commercial uses as identified by the Standard Industrial Classification Manual (1987). AIso the amendment brings about development standards which are consistent with the Collier County Land Development Code as it relates to setbacks, landscaping, signage, water management, open space and architectural design guidelines. The amendment also establishes a new PUD Master Plan which provides a shared vehicular ingress/egress with Pine Ridge Center West PUD. Commitments within the PUD require median improvements, turn lanes, right-of-way donation and arterial street lighting. For all intents and purposes the only substantive changes to the Development Regulations are as follows: Current PUD (Ord. No. 87-9) Proposed PUD 1. Maximum building height 50 feet 3 stories above parking 2. Permitted principal uses Commercial, office, retail Warehousing & self-storage, commercial, office, retail 3. Signs Pole signs Pole signs prohibited Gasoline service stations/ retail/business/office & all other permitted uses No architectural & site design guide- lines Architectural & site design guidelines in accordance with LDC Based on the above information, staff is of the opinion that the proposed amendment is more restrictive than the existing PUD Document in that it provides unified architect~:ral s~. ~ign guidelines, complies with development regulations setfonh in the LDC, provides shared Mia'ess/ APR 2 8 1998 pl. egress with Pine Ridge Center West PUD, prohibits pole signs, and limits structures to 3 stories above parking. Staff is also amending thc Pine Ridge Center West PUD in accordance with Section 2.7.3.4 of the LDC and for all intent and purposes is identical with the subject PUD. These PUDs will c.o-exist together as a unified development, sharing ingress/egress, similar uses, and development regulations. This type of unified master plan and PUD document is also slmilar to the Naples Gateway PUD, Angileri PUD and Clesen PUD located on the north side o£Pine Ridge Road. PUD Master Plan - The new PUD Master Plan provides a development strate~ wherein all commercial, retail, storage and office land uses can be developed throughout the entirety of the site. This plan differs from the original PUD Master Plan where the plan specifically identifies interchange commercial land uses adjacent to Pine Ridge Road and sets aside the remainder of the site for a hotel development. Staff is of the opinion that the original PUD Master Plan is too restrictive for a mixed use development and the new Master Plan provides for creativity and flexibility in site design and land use planning throughout the entirety of the site. The PUD Master Plan also provides landscape buffers, retention lakes, water management facilities and open space as setforth by the Land Development Code. Self-storage and mini-warehouses are required to be setback a minimum of 200 feet from Pine Ridge Road and comply with the architectural and site design guidelines of the LDC. The subject PUD is located within the Interchange Activity Center, and with respect to compatibility issues, we have an expectation that the land will be developed for those land uses authorized for Interchange Activity Centers, further providing a transition of uses throughout the PUD, restricting development regulations, and providing architectural design guidelines. Staff is of the opinion that the amended PUD Master Plan and Document is compatible with surrounding property. In the opinion of staff no public interest is jeopardized or individual interest resulting from a reliance on the current regulations. Utility Infrastructure - Both public sanim.,'y sewers and municipal water supplies are available to the property and will be extended as a consequence of' future platting to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. The water management system to serve the project will consist of an interconnected retention system. Runoff from the development areas will be conveyed to the retention areas by sheetflow, catch basins, and culvert systems. Additionally, the project falls within the jurisdiction of the SFWMD, and is, therefore subject to all of their permitting requirements. Traffic Circulation and lmuag:t - Staff has identified the fact that the amendment will not create additional traffic over the amount currently approved for the PUD. Therefore, the amendment will not exceed 5% of the LOS "C~ design capacity on Pine Ridge Road within the project's radius of development influence (RDI). The Traffic Circulation Element lists Pine arterial road operating at LOS "C". The planned improvement to 6 lane this se completion by 2001. 6 LAPR 2 8 1998 Communiw L-rttas~ctur~ md $~-rvices - The subj~-'i ~ is r~lily accesn'ble to a whole range of community in~ which is ~hanced by its f~mtsge on Pine Ridge Road. Shopping centers, business offices and medical offices of various sp~ialti~s are all within a shor~ driving distance. Urban dcvclopmcnt is underway in all directions from this PUD which is an indicator earmarking this site for dcvclopment. STAFF RECOMMENDATION; The Collier County Plarming Commission recommend approval of Petition PUD-$6-22(I) having the effect of r~l~ealing the curtrmt Pine Ridge Center PUD, Ordinance No. 87-9, and adopting a new Pine Ridge Center PUD Document and Master Plan. PZARED BY: ACTING ~ PLANNING MANAGER CffAE RVICES D E.~TMENT DIRE CT OR RO. ~~. ~~$~TOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-S8-11(1) StaffRepon for April 2, 1998 CC'PC meeting. COLLIER COUNTY P~ COMMISSION: MICHAEL A. DAVIS, C~ PUD-S6-22(1) STAFF REPORT/md DATE DATE APR 2 8 1998 RF~.ONE AND CONDITIONAL USE REOUESTS ~ ~ COMMUNTrY D~PMENT DlWlSION ~O DEPARTMENT 1. N,unc of Al:91icam(,): ~ctcr Lo~_o and Mark Ix~ao Appl~cznf, ~'"~'~ Ad.u: 1!~$ Geico. Drive Applicent's Tclc'phonc Numb:r: P.c~. ~ Bu~.: Is th: applicant thc owncr of subjcct propcrty?_2[ Yc~ . No (.==) (a) If ~'A~licent is a Land Trust, so indicate and nm'nc thc b~cticiaric~ below. (__) (b) If applicant is corlx~stion othcr than a public corporation, so indcaIc and'n,,mc ofliccr~ and major sto~kholdcrs bclow. ( ) (c) If applicant h a partn~-slgp, l/rr~cd pn'm~n~ or othcr business cnlity, so in~fic~tc ~nd nmnc l,rmcipms bclow. ( X ~ (d) If applicant i~ an owncr, indicate cxactly -, r~cor&d, and list ail other owners, if m'ty. Peter Logo and Mark Longo 1135 Galleon Drive N~ples, Florida 34102 (_3 (c) If al:q~c,xnt is a lcsscc, at.ch copy oflc,uc, and hd/c~ ac~a[ owner(s) if not indicatcd on thc lc~sc. (__) (f) If a~i~cmt is a contract purcha~, attach copy of corm'ack znd/nd/cat: ~ctud own~s) n~'nc and addrcss bclow. 2. Name of agent Agents Ma~8 Addre~: 3~850 27 Ax~me SW Tclcphonc N~mb:r ~ ~ Bm. ~ APR 2 8 1998 ~on for property involved in r.~ch d~'ict. If properly ia ~ ~ubmit fora' (4) copies of nm~y (1' to 400' gale. The ~pl~cmt ~ rc~pon~,l¢ for mpp~ thc correct ic~t &~-~pdc,n, if q~dom ~ concem~ Section IS T~ ~ , Pange ~ Th,zt portion of thc East 1/2 of the Wc~t I/2 cd'thc Northeast 1/4 of thc Northwctx 1/4 of S~don Townddp 49 South, R~¢ 26 ~t, ColUcr Coup, Florida, lying $ou~ of Pine gidg~ Road, a 1~0 foot Right-of-w~.'. 4. Size ofpropcr~.' 1170.39 try1 Ft. X ~,.4.JA./ILq.~ Acres 8,73 m/! 5. Address or location of subject properly No address at this time. Located on south side of Pine ]?~lgLI~d a_ _oTn'oxim~tch' 3:4 mile west ofi-75. 6. Existing land elevation 10,$'-11.$' NGVD County Flood Criteria El~'afion ~ 7. a. Date subject propc~' acquired ( X ') or ( ) leased: 28 Term of Ica~c Yrs,/mos. day. of month ~ 19 89 . b. If, g:titioncr has option to buy, indica~ date of option: terminates and date option 8. Does propert2:' owner own configuom properly to the subject property? If so, give complete legal de.*cfiption ofenth'c contiguous property. (If'space Ls inadequate, attach on separate page). No. 9. Tl~s application is int~ded to cover: (Check wtfich .type ofpctition you arc rcqu~): A Rczoniflg: Present zoning PUD Rcqucstcd zordng ~ For a~g~l(llll~. of the Pine Ridge Cento' PUD Ordinance 87-9 in corm~li~c~ with the ta-ovisions of ~ection 2.7.3.4. of thc 1.~d Develotnnent Code fl.rx2l Time Ibrtlts for _a~_ ow.d PUD ( ) B ConditionalUsc Zoning~For (_X_) C. Subdivision Mast~ Plan Approval (Rcquh'cd of all PLrD'S 10. Re,on why appUcafion should be approved (~t~h additional shccts if necessary). thc Pine Ridge Cen~'*r PUD Ordinancc 87-9 in comol~ncc with the m'oviai~ of Section ~ of ~hc ~*__..~nd Dcvclo_t,rncnt Code 0' r)C_~ Th*ne Limits for _a~z~r_ oved PUD Master 11. Is proposed usc prolu'bitcd by deed restricfiom? Yes X No If yes, ple? 2 APR 2 8 1998 12. Islhisr~lueslareraltofaviolalton?_No Ifso, towhomwasl~notic~rs-..d? 13. application, are hon~t md true to the best of my know~ and belief. ! understmd ~ ~ must be complc~ and ac4urate befor~ · ht~hsg can b~ advertised, I fur~cr pcrmit ~ undc"r~cd to NOTARY FOR TH~ PROPI~TY O~ COUN'I~' OF ~/.,~t: I~ STATE OF~ <,t4;a ('Print mine of Nomy l~lic) NOTARY PUBLIC S~ial/C~on # My ~~o~ ~ ~/,~/~ (NOTARY SEAL) 3 APR 2 8 1998 ~OTARY FOR THE AGENT~ STATE OF FLORE)A COUNTY OF COLLIER (]~~ of'~om7 P. bl~c) NOTARY PUBLIC S~/~~ # (NOTARY SEAL) JENNY 4 APR 2 8 1998 P;: I~ ANTHONY F. JANCIGAR 7622 PEBBLE CREEK CIRCLE NAPLES. FLORIDA 3410~ ~ BRYAN ~ K COLLIER COUNTY GOVT. DEV. SERVICES 2800 HORSESHOE DRIVE NAPLES FL. 34104 RE: PII~'ERIDGE CENTER WEST DEAR BRYAN, REGARDING YOUR REQUEST FOR BENEFICIARIES IN THE ABOVE PARCEL I'HEY ARE AS FOLLOWS, ANTHONY F. JANCIGAR 7622 PEBBLE CREEK Cl NAPLES. FL 341011 DR. THOMAS WARREN 27155 CHARI:X3N ROAD RICI'I~OND HTS. OHIO 44143 THANK~G YOU A,~,~OR.~....~~ HELP.. APR 2 8 1998 2. 3. 4. UTILrIT PROVISIONS FOR REZONES & CONDITIONAL USES Nm'to: Pctcr Lortao m'td ~ Lon~_, owncr~ of Pinc Ridgc Ccntcr PUD. Addrcss: 1135 Galleon Dr~ Phone: N~nl~Florida34102 ' Legal ~on: Tim portion of thc East 1/2 ofth¢ West 1/2 of thc Northeast 1/4 of'~c Northwest 1/4 of Section Ig, Township 49 South, Rangc 26 East, Collier County, Florida, lying Sou~h of Piac Ridge Road, · I~0 foot l~t-of-way. Type of scw~¢ dispo~ to be provided: A. County system: B. City system: C. Frmchiscd systcm D. Package treatment plant X ~ (GPD) Type ofwatcr scxvicc to be provided: A~ Co~mty System: B. City s~st~m: C. Franchised system D. Privetc system: X To~ population to Pczk ~nd r,,cr~gc d~r~mch: The csth~atcd daily comun~tion of water is ba~cd on thc anficipatcd tac of thc property ~s follows: Antic'_matcd Usc of thc t¥ooenv Land U~ 834 Fast Food Restaurant with Driv~-~ W'mdow Land Use 720 Me, dical Oflic~ Building Land Us~ 320 Motel Method of Ca]cul,xtln~ 50 Gl:rD/Car (34) 250 OPD/Doctor (12) 150 GPD~ (120 rooms for cx~r~Ic) 1700 ~00 1800O L~d Usc 912 Ddv:-in Bank TOTALS 2O GPD/En~Ioy~ (10) APR 2 8 1998 2OO ~900 A. WATER-PEAK~II4$1_ AVERAGE DAILY ~.,, B. SEWER-PEAK__I14$.._ AVERA~ DAILY ~., 10. maint~cd in gc. ord,m~ with Cotllcr C. mmty Ordinancc No. Sg-?6, as nncndc4 and othcr 3pplicabl¢ County mia and rcgulafi~. project until ~e Coun¥, off-sitc water and/or scwcr facilifics arc avalaM¢ to m, vc thc proj~t. C. It is anticipated that ~hc Courtly Uulifies Division ~ ultimatcly supply potable water ~o mcct thc consu~ dcnund a~f/or rccclvc md ~ thc ecw~ ~cn~ by this project Should thc County System not bc h a position to supp/y potablc watcr to the project and/or int~ri~ on-~t~ gwag~ tre. a~ent and ~ facies adequate to ~ all requimnents of ~tz APR 2 8 1998 :Based on ~, LOS ~ ~ P~ ~.~ of~ ~ ~ ~ M~~ ~ ~b~ F~~ fo~: ~B~ed ~ '~a~ m-wat~ ~" ~ of~ u ~ ~ p~ ~.~ ~ ~ ~ ~ ~ ~hc Fa~ ~. 6 F. Th~ ~ ,~,n l~ d~! for c~nl waU~r md ~ ~ JFM/~ $/*'21/84 7 APR 2 8 ~J98 280676 L;' Volpe,. Zm~ixm 400 BO~T 15 ~M048 RECORDED MmpImJs, ~T~ 33t4Q COXXZm~ C:{~;m~, ~mXO~'LGA 33140, G~, ~~, to--er, ~e Collier ~tM, Flori~, oZ ~ X~eait ~~er C~i) ot ~e wo~it ~ (~i) ot J~i~ 11, a~~. e%ll, a~i a11 wubme~uant r~, bearing rt'y Xdantiti~atiot~ Wu~er. 020Y21~520002 _. and maid Grantor dome bermb~ feAly vmrfant ~he title to maid la~d, ar~ vail defend the mm~m eqmtnmt the Z:X Wl~R~I IIIZX~?, Gra~to~ ham hereunto met Grantor*l hil~ liVnM, mealed and delivered O01ZSi , uuuuo ' BOOK PAGE B~m~BZT & ~het portlO~ O! t~ Ernst hit! of the West hill of the fei Cem~nce at the North,est cirMr tf Sectl~ 18...'roq~shlp South, Plfqe ~& East. Collier County. Florida_. thence_ .r .U?r'~ 19*33'39'[Ist ileng the North line of slid dlstlnCe Of 1.~01.31 feet 1o the Northwest COrner hill of the Wilt half ef Ihs Northeast e~lrter of the North,flr~.t quirt, of slid Sectlin II: thence ruf~ South a0e21'18' Elst t~ West II~ ef t~ Else ~lf If t~ Weft ~lf el t~ State bid ~, S-liS (Pine Ri~e bid), · ISJ,O0 foot rJOht-of~oy, os t~ tm Is sh~ ~ f~or~di.~.~r~ ~ BEGI~I~ of ~ ~rcet of 1,~ herein descried, tMnce * ~lf If t~ ~st ~lf of t~ ~rthe,t ~arter of the ~arter ef slid ~ctle~ II far I distils of 1.110.17 feet to ~t~:st cer~r ef the E.t ~lf of th~ Wes[ hB~[ ~f ~ 18' ~rtheast ~lr ter_e~_t~_~[t~ ~_~l[~r.~..~l ~e~ ' the hlf of t~ ~lt hill el th ~ftheist ~lrter of t~ ~rt~st ~arter ef slid ~Ctlon ti for · distinct ef 321.1~ feet to the ~th.st cer~r ef t~ bat ~lf ef t~ Wes~ ~[ ~f ~ 18' t~e ~ ~rth eP23'11' ~st II~ 1~ East ~f ef t~ hit ~lf If t~ ~ri~lst witter of the ~arter If slid hcti~ 11 fir · distill of 1,111.31 feet TO ~int ~ i circular cu~e cease to Mint Mtrl ~rth ee, ll'ee.P ~st i dlst~e aT ~,,m.f? -- . ~r&f~. slid CUr~ ~1~ 1~ ~therly rlght-of~[Y ~ lfer~tle~d State hid ~ S-Itl:. ale~ said curve te_t~e rlg~t..t~ e~_~i~ }~ right-eft, l i~ e, ~tate ~aa.m. ~-I,~..~.'e?~'j~'lrc S,III.SI feet. thresh i central i~le eT ~ ,, q- .... distils of 32~.S7 feet te t~ ~1~ ~ BEGI~I~. Containing 8,73 acres, more or le~$. . VACAIrT AID UBXHPRC)VRO AND DOr, S NOT APR !'lgg8 I 2 9 ~0 11 12 ~4 1'7 19 20 2! 22 2~ 2~ ~4 Collier County, 46 OIU)IN~CE 98- AN ORDINANCE AMENDING ORDINANCE NUHBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE CCHPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AHENDING THE OFFICIAL ZONING ATLAS HAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PRQPERTY FRCH 'PUD" TO "PUD" PLANNED U~TIT DEVELOPHENT KNOWN AS PINE RIDGE CENTER, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD [C.R. 896) APPROXIMATELY k MILE WEST OF 1-75, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.73 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NL~HBER 87-9, AS AKENDED, THE FORMER PINE RIDGE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. 26 WHEREAS, Dr. Neno J. Spagna of Florida Urban Institute, Inc., 27 representing Peter Longo and Mark Longo, petitioned the Board of 2! County Commissioners to change the zoning classification of the herein NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 3! OF COLLIER CO~TY, FLORIDA; ~! SECTION The Zoning Classlfica=~on of =he herein ~escribed real property ~4 located in Section 18, Township 49 South, Range 26 East, Collier 3~ County, Florida, =s changed from "PUD" to "PUD" ~lanned Unit 36 Development ~n accordance with the PUD Docunen=, attached hereto as 37 Exhibit "A", which is incorporated herein and by reference made par= ~ hereof. The Official Zoning Atlas Map n~unbered 9618N, as described in 39 Ordinance Number 91-102, the Collier County Land Development Code, is ~ hereby amended accordingly. 41SECTICN Ordinance Number 87-9, as amended, known as the Pine Ridge Center 4~ PUD, adopted on March 24, 1987 by the Board of County Commissioners of is hereby repealed in its entirecy. -1- APR 8 1998 ! 2 3 7 $ 9 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of day of , 1998. Collier County, Florida, =his ATTEST: DWIGHT £. BROCK, Clerk !1 12 13 Approved as ~o Form and 14 Legal Sufficiency 16 15 Nar:3ot.~.e N. $Cudenc. 19 Assistant County Attorney 21 22 £1~"~D'0~-22 (1 ! BOARD OF COUNTY COMHISSION£RS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman -2- APR 2 8 1998 Pgo ~ _ PINE RIDOE CENTER (A ~ ulvrr D£V'a PREPARED FOR: PETER IX)NCO AND MARK LOI~IGO 735 Galleon Drive Naples, Florida 34102 PLANNINO CONSULTAICr: Dr. Neno J. Spagna, President Florida Urban Institute, Inc. 3850 27 Avenue S W Naples, Florida 34117 941-455-2168 Terrenco L. Kepplc, P. E. Kepple Enlgneering, Inc. 568 Commercial Boulevard Naples, Florida 34 104 941-403-1780 LAND SURVEYOR: Hatton & Spencer 100 Isle of St. Thomas Naples, Florida 34114 941-774-7981 APR 2 8 1998 Pg. _~ TABLE OF CONTENTS TABLE OF CO~$ ........................................................................... LIST OF EXHIBITS ................................................................................. ~ STATEMENT OF COMPIAANC~ .............................................. . . . . .... . .. . ...1. SECTION 1 PROPERTY OWIqF_.RSH~ AND DESCRIPTION .................. :~ SECTION ri FRO~-ECT DEVELOPMENT REQUIREMENTS .................. 4. SECTION III COMMF-RCIAL ARF. A$ PLAN ......................................... 6. SECTION IV DEVELOPMENT COMMI'IMENTS .................................. 10. APR 2 8 1998 L~T OF EXHIBITS PUD MASTER PLAN/WATER MANAGEMENT PLAN BOUNDAI~Y ~IJl~VEY COMPOSTIE MASTER ~ APR 2 8 199~ STATEMENT OF COMPLIANCE 1 SECUO 1.2 1.3 1.4 1.5 Peter Longo and Mark Longo 735 Oaneon I)fiv~ NapI~ Florida 34108 GENERAL DESCRIPTION OF PROPERTY AREA Be Roa~;,~ppoorw~l Lane int=scc6on ~ly 3/4 mi~ wm of I-7S in thc ur~n~cd area of Collier County, Flodd~ PHYSICAL DESCRIPTION Thc project site is Ioc, at~ within thc I-7~ can~ basin as drown on ih= Collicr County Drainage Alias shcct A-27. off from thc ~i~ ws~! flow c~tcdy to thc 1-75 c,~aud ~ystcm. Thc Mujcct will be desigt:~ for a storm ,.-s~tt of 3-day durs6on ~ 2~ ~ ~ as wdl ~, wetcr quality in acoordancc with thc ndcs of South Florida Water Man~cmcnt Disulcc Ekv~om of'thc ~ nnge from 10.5 f~t NOVD to 11.5 f~-t NG'VD. t~e Zone "X"' per Flood Insurance R,tt~ Map (F'n'm Panel #120~7 0425 D). 2 TI~ si~ is within 1.6 PROJECT DESCRIVIION 1.7 1.8 Thc M,ulcr Plan is ~ ~-zphically on EXHIB~ "B", PUD M, utcr Plan. A land Smmna~ indicating approximate la~d usc acrcagc is shown on Ibc plan. SHA]? FD FACILITIES For thc purposc of &:hicvin~ thc mosl dgsitablc ~ cff~ dgs~n of th~ m:,bjcct ~ ~ Ixovid~g ~hc most ~ u~ Of ~he land and Cbc t~dn~ Of~ ~ accc~ and d:~ni~ on ~he west, la~wn u thc Plne P.i~ C-~ W~, md who~ k~ d~ b as Tim portion of thc Wcst 1/2 Of thc Wcst 1/"2 Of thc N~ 1/4 of~c Nor'~m~t 1/4 Of Section 18, Township 49 Sou~h, Rzn~ 26 ~ Col]lo' ~, FJorldi, ~ South of Pinc Ridge Ro~ a lf~0 fooJ tiS~-of-w~. (8.87 m). This ~ is ~tty owned by An~o~ F. Sncipr, T~ whcK Iddrm b 7622 Pcbblc Cr~k ~ Napl~., Florida 3410g. 3 SECTION II PROJECT DEVELOPMENT REQ~~S 2.1 2.2 APR 2 8 1998 2.3 2.4 DESCRIPTION OF PROIECT Pl~dq AND PROPOSED LAND USES Be lvfinor modifica~iom to F. XI4IB1T "B", nmy bc pamincd st the timc of Sitc Dcvclopment Plm a~zmal, ,ubjcct to provisions of Scction 2.7.3.5 of mc Conier RELATED PROJECT PLAN APPROVAL REOUIREMENTS 2.5 EX}l/BIT "B", PUD M~ PI~ c, onst~es the requh-ed PUD Doe~ent. Except as othenvisc provide~ within this PUD Document, any ~,islon efprope~ and develcrpment, shall be in compliance with thc Subdiv~on Rcgul~fi~ and thc platting l~ws of thc State of Florida. Thc provisions of Division 3.3, Site Development Phns of thc L,xnd Development Code, when applicable, shall et,ply to thc &-vclopmcnt of all pLmed tracts, or pm'cch ofl~nd as provided in said Di~on 3.3 prior to thc iuumcc ora building permit or other development order. ^ppropriet¢ instruments w~l be provided ~t the time of ~turc improvements reg~ding any dedications and thc methodology for providing pcrpctual maintenance of common facilities. AMENDMENTS TO PUD IX)CUMENT OR PUD MASTER PLAN Amendments rmy bc made to thc PUD u provided in Section 2.7.3.5 of thc Land Development Code. APR 2 8 1998 3.1 3,2 3.3 SECTION III COMMERCIAL AREAS PLAN GENERAL DESCRIPTION Areas ~ on thc PUD Mastcr ~ arc intcndcd to provi~ comm~ ~ ~ cspcci, a~ tbosc scrving u'avclcrs, ~:! ~ uscs. The g.79 thc ~hwc~ ~ of th~ P/~ Ridge ~ Lzne/nt~ucfion md is includcd in m~ ~-7~ Pine P. id~c Road ~ ^cavity c=~. ~D USES "A" Pcrmitted Pr~_ al Uses and Structm'~: Op~ space. Stormwat~ Man~mcnt Areas. "B' Permitted Principal Uses a~d Strutting: D~ hmflu~om [groupa 6021-6062 (Conun~ Bank~ Sav~ Inst/t~ and Crc~t Unkms)]. ~ P~ (stoup ~2 ). ~ S~Ac,~ Sta~m~ (3~m~p ~41) ~ APR281998/ e 7. g. 9. 10. II. 12. 13. 14. 15. ~ Wachomi~ ~! Su~a~ fi~---up 422~ miniw~ wmv, bomi~ md ~ ~ ~ so~-s~ ~~ ~ ~ ~912) ~ S~ ~ ~ ~). ~ 8711-S74g). Ro~ ~ ~ ~ ~~ ~ 6531). Tr~l ~ci~ ~ 4724). 1. Uses and smictm~ that ar~ accessoo' this PUD Documcnt. and incidental ~o lbo Pcmgi',~l Us~s ~ 3.4 2.. Loud speakers md public addrcss ~~h~ENT STANDARDS ]Vlinimum Lot Area: Twclvo gxxmnd (12,000) ~ feet. Minimum Lot Width: Sowonry-fx~ (75) feet. 7 Ce De Minimum Yards: O) (2) (a) From Yard - Twcmy-~ (25) feet (b) AIl Yards Along Pine Ridge ~ T~.~ (25) feet (¢) Side Yard- Tm (10) feet. (d) $ido Yard ~-xtern~l to the PUD - F'd~-n (15) feet. (e) Re~' Yard - Fiftem (15) fect. ~ s~tttr~s: The miniau~n yard ar~as for Accessory S~ shall be the same as for the y~xl requirements of a Princlp~ Yard s~back r~luir~mcnts dull be measm~ from thc right-of-way ~ in thc outsid~ edg~ of the priv-a~ easem~ along which the subject propmy abuts. Minimum Floor Area S~,,cn Hundred (700) square feet for the principal structur~ on thc first habitable floor. Maximum Height For~y (40) fect ~T-Street Parking and LOading Reouirements A~ ~ by Division 2.3 of thc Land ]3~lopment Code in cff~t at thc time of O. Landsca_~ng and Buffering Reauirements thc time of building pmnit spplication. g Tm (10) fc~t ~I. M~or Solid Waste Collection Areas dc~c~b~! h~ Section 4.8.B of ~ PUD Documc~ Pole lighting ~ b~ prola'bit~ of m. cnty (20) f~c~ ahall b~ mqu~ docs not c'xlmd off-~l¢ APR 2 8 1998 sECT os iv DEVELOPMENT COMM~rMENTS 4.1 ~ 4.2 4.3 All f~itic~ ~ bc ~tcd in ~ri~ ~'d~ncc with Final Sitc Dcvc~ ~ Fu~I Subdivision Plens ~nd ~ll ~pl~c~lc Smc ~nd lo~ ~ codc~ ~nd rcgul~om ~pl~c.~bic to thc PUD is not to be platted. Thc developer, his successor and aui~s, shall be rc~xmsiblc for PUD MASTER PLAN 4.4 2.7.3.$ of thc Co]]fcr County Lm~d IX'w3oMncnt Code, ~lmcn~ n~y bc ~ from time to time. ~oj~t SCHEDULE OF DEVELOPMENT/MONITORING REPORT Thc landowner(s) thall proceed and be ~ed according to ~e timc ~ pursu,mt to S~ction 2.7.3.4 of'the CoRicr County Lend Dcvc~ Codo. An ~mual moniIogn~ report ~ bc subnit~ pursuant ~o Sccfion 2.7, County Lend Dc~lopment Code. 10 APR 2 8 1998 4.~ ENGINEERING 4.6 Co WATER MANAGEI~ENT 4.7 A s~r~ wa~cr ma~a~cmc~ ~ sh~l bc rccorded prior M final ~ phn approval In accordance w/th thc Rules of thc South Florida Water M. ma~-mc~ D/strict SV~'MD)~ ~ 40E4 nd 40E40, ~ ix-oject ~ be detism~d for · storm ~ of Cotm~ water scrvice is xva,'hblc x4a a 12" wxtcr m,dn ~ on flJc north side of Pinc P, id~c P, oact TI~ ~ b rupon~lc to tap thc m~ to irovidc both potable is rvail~blc to scrvc ~c c, onm~crchl aciivitics on Ibc f'urlbcst ~ oft~c properly. County scwcr scrvicc is ~lc via a 12" force main~ onthe south ~ cd'Pine RiSc Poad. Thc Dcvclopcr is rcqxms~lc for thc.jack and bore under Phc Ridge Road w suppb' fl~c project w/~h w~ collecgon. A mb~mmn sized Ibc of 4' js ~ for thc W~-'r ~hc Scw,~r DbUict oCCCl:)Uncc. 11 APR 2 8 1998 I IIII I III .... I II I IIII - IIIIIIIII I I I II II iii i il ~ 4.8 nor ~ ~¢ County bc li~blc for lmy claim of dam~c~ duc to ~c ~ or ~ of Ce into any roadway An cas~bound right turn linc ~ ~c ~ ro~dwO' ~ bc providcd prior to thc ~ua~c,c of any Ccr~catc of Occup~cy for thc dcvcl~ Compcmating right-of-w~ for turn Im~ md me. dian ~rcn dc'~l~ to rcimbunc thc Counly for fl~c mc of ~ ~/ght-of-wa'y. Such de, dic~tion dmI1 be comidcrcd ~ r~hte, d ~nd fl~ere ahall be no mad h4mct f~ credit due thc dcvelo~r. Thc C, oumy rcscrv~ thc right to ~cquirc right-of-way for thc Pine Ridgc Ro~l six-linc ~ojc=t at a fixcd cost for ~ md ~cnt~ without ~.vcran~ ~ ~t ~hc time ncc&& Thc ba~ of cost forsnysuch acqui~onshallbc atthcprcscntma~~ I~. Any ~ch right-of-way acquiailion ahall bo mad~ ~blc to ~c County ~ 120 da~ of notific~ion to ~itha or bofh &'v~l~ of ~c Coumy'a no~ for th~ Ired or ~t ~hc time offilin~ for ~c tim building po'mit for ~i~ ~i~ or ~t~ Pi~ Ridgc ~ Wm ~i~, whicho~vr come~ tim. G. Ro,u/it~~ ~ for riga project, bofl~ ~ epecifio end ey~m ~ bc ~ p~ ~ W ~c ~~ of ~ ~~ ~ ~ f~ d~l~mt. 12 4.9 Enforcement Departmem and De~lopment Services Admkfistrator or his detigne~ be 4.10 E~,'v'mONMENTAL Sec6on 3.9.5.5.4 CC~, as Co Petitioner shall comply ~ R~e gui&liras and rmorntn~ oflt~ U.S. Fab & W'dd1~t~ Service (USFWS) and Florida Oan~ and Fresh Warn' Fab Cotmnission be sub:nktcd to ~ ~ Em4mnmenM Staff'for tgview and approval prior to Fn~ S~ Plan/Constr~i~ Plan approval. 13 ~l]Jllh H~TTON ~ ~t ii mXBXT nC' I I I I~ I I IIII I mill II I I II I1~ I I I EXECUTIVE SUMMARY PETITION NO. PUD-88-11(I), DP,. NENO I. SPAGNA REPKESENT~G ANTHONY F. I~G~ ~US~E, ~Q~~G A ~O~ ~OM '~" TO '~" TO CO~LY ~ ~ S~SE~G ~Q~S OF SE~ON 2.73.4 OF ~ COLL~ CO~ ~ D~LOP~ CODE ~ TO ~O~T ~ O~G~ P~ ~E ~ ~T P~ ~O A S~E P~~Y ~~ BY ~ ~ ~S FOR PROP~ ~A~ ~ ~ SO~T QU~~ OF ~ P~ ~E RO~ (~-8~ ~ 1-75 ~R~GE A~ ~ ~ST OF P~ ~E ~ P~, ~A~ ~ SE~ON 18, TO~S~ 49 SO~, ~GE 26 E~T, COLL~ CO~, ~~ CONSIS~G OF ~PRO~~LY 8.87 A~S. This petition will have the effect of repealing the current PUD (Planned Unit Development District) and replacing it with a new PUD (Planned Unit Development District). Revisions to thc current PUD will have the effect of bringing the PUD and PUD Master Plan into compliance with the Collier County Land Development Code (LDC) pursuant to criteria set forth in Section 2.7.3.4. In doing so, the petitioner has reformatted the original PUD into a style presently utilized by all new PUDs which incorporates all current LDC requirements, development regulations, architectural and design guidelines, landscaping and infrastructure improvements into the new PUD and Master Plan. Additionally, the amendment re-visits the approved land uses, development commitments ,'md vehicular interconnects with adjacent properties. CONSIDERATIONS: The Pine Ridge Center West PUD encompasses a land area of approximately 8.87 acres, and is located within the southwest quadrant of the 1-75/Pine Ridge Road Interchange Activity Center. The uses provided for in the PUD include an assortment of business services for professional and medical offices, convenience and service businesses for the traveling and passerby traffic, relail establishments, restaurants, and r,:ini-storage facilities for the local community. The PUD is designed architecturally as one center and is of such size that it provides a mix ofland uses on-site. The master plan provides perimeter and internal landscape buffers, water management facilities, open space, controlled ingress/egress and water and sewer facilities. The master plan also reveals a shared internal roadway (Pine Ridge Center Way) with Pine Ridge Center PUD located cast of thc subject property. The shared roadway will act as a mutual means of ingress/egress from Pine Ridge Road and serve to interconnect each of the PUD's. The PUD provides for a right turn lane, median improvements, contribution towards a traffic ~ignal, and compensating right-of-way. For all intent and purposes thc only substantive changes to thc development regulati~~ APR 2 8 1998 (Ord. 88-87) Maximum building height $0 feet 40 feet Permitted principal uses office, mail Warehousing & self-storage, ~=cial, office, mail Signs Pole signs Pole signs protu'bited Gasoline service stations/ fetal/business/office & all other permitt~ uses No m'cki~'mral & site design guid~- Archi~ & site design guidelines in accordance with Based on the above information, staff'is of the opinion that the proposed amendment is more restrictive than thc exist/nS PUD Document in that it provides unified architectttral and site design guidelines, complies with development regulations set forth in the LDC, provides shared ingress/egress with P/nc Ridge Center PUD, prohibits pole signs, and llrrdts building he/ghts to 40 feet. Staffis also amending the Pine Ridge Center PUD in accordance with Section 2.7.3.4 of the LDC and for all intent and purposes is identical with the subject PUD. The~e PUDs will co-exist together as a unified development, sharing ingress/egress, similar uses, and development regulations. This type of unified master pl,'m and PUD document is also similar to the Naples Gateway PUD, Angileri PUD md Clesen PUD located on the north side of Pine Ridge Road. Staffis of thc opinion that the original PUD Master Plan is too rt~rictive for a mixed use development and the n~v PUD Master Plan provides for creativity and fleya'bility in site design and land use plarming throughout the en~ of the site. The PUD Master Plan also provides. Landscape buffers, retention lakes, water management facilities and open space as set forth by the Land Development Code. Self-storage and mini-warehouses are r~tuir~ to be setback a minimum of 200 feet from Pine Ridge Road and comply with the architectural and site design guidelines of the LDC. The Collier County Planning Commission r~viewed this petiticn on April 2, 1998 at their public hearing and recommended approval of the p~tion 8-0. No members of the public spoke in opposition to or in favor of the petition. FISCAL IMPACT: Tiffs amendm,mt by and of itself will have no fiscal impact on the County. However, if this ~nendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the development on public facilities. These impact fees are used to fund %~ m'm~T~t Improvement Element needed to maintain adopted levels of service for public 2 that impact fe~ collections are inadequate to maintain adopted levels of service, the County must provide supplemental fun~ from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT ~ACI': The entirety of the Pine Ridge Center West PUD is located within thc Urban Dcsignated- Interchange Activity Cenm on thc Future lend Usc Map to the FLUB to the GYP. Thc subject property is zoned PUD for commercial relaled land uses and is pres~tly undevelope& A review of consistency relationships with elements ofthe GMP is as follows: Ftma'e Land Use Element - This petition proposes an amendment in order to bring the PUD into compliance with the Collier County Cn'owth Management Plan and Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has re-formatted the original PUD and incorpora'~d all current LDC requirements including development regulations, architectural and design guidelines and landscape buffers into the new PUD and Mas~ Plan. The subject site is located within the Urban Designated Area as identified on the Future Land Use Map, within the southwest quadrant of the Pine Ridge Road/Interstate 75 Interchange Activity Center. The function of the Interchange Activity Center provides for a mixture of commercial uses (ex: hotels/motels, restaurants, gasoline service stations, business services, professional offices, retail uses, and convenience commercial uses) for the traveling and passer-by public. In 1983, the subject property was designated as a commercial node as indicated on the Collier County Comprehensive Plan and Map. In 1989, its designation changed to Interchange Activity Center. The designation change in 1989 specifically identified the subject property within the Pine Ridge Road/ Interstate 75 Interchange Activity Center, consequently earmarking this property for commercial use. In staff's opinion, the subject site has been designated as a commercial node for over 15 years, and the amendment to bring the PUD up to date with current regulations is deemed consistent with the criteria setforth in the Future Land Use Element and Growth Management Plan. Traffic Circulation Element - Staffhas reviewed the applicant's Traffic Impact Statement (TIS) and has made the following comments: Since no additional commercial area is proposed, there will not be any additional traffic generated by this amendment over the amount currently approved for the PUD. Therefore, this amendment will not exceed 5% of the LOS "C" design capacity on Pine Ridge Road within the project's radius of development influence (RDI). In addition, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). 'The Traffic Circulation element lists Pine Ridge Road as a 4 lane arterial road fi'onting the project. The current traffic count for this segment is 38,224 AADT and is operating at LOS ,%-,,. It should be noted that the level of service on this segment is projected to fall below its adopted LOS "E" ramdard by 1999. However, the planned improvement to 6 lane this segment is scheduled for completion by 2001 to meet concurrem.~ requirements. Therefore, this petition complies with Policy 1.3 of the TC£. - and the~ Oven Space Element The total open space is approximately (2.6 acres), individual development parcel sets aside as a function of complying with setbac 3 and design features exceeds the thirty (30) percent required by the LDG. Staff' is confid~nt that this project as designed is consistent with the opm space element. Other A~licabl¢ Element(s) - These include utilities end water management. Develo/nnent of the land will proceed on the basis of connection to the County's sewer end water distribution system. Once Water management facilific~ will be constructed to meet County Ordinances and these will be rcvicwed end approved as a sanction of obtaining subsequent development order approvals. Staff's review indicates that this fruition has been designed to account for the necessary r~lationships dictated by the GMP. Where appropriate,, stipulations have been generated to ensu~ consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends that the Board of County Commissioners approve Petition PUD-S8-11(1) having the effect of repealing the current Pine Ridge Center West PUD, Ordinance No. 88-87, and adopting a new Pine Ridge Center West PUD Document and Master Plan. 4 BRYAN M~K PLA.NNING~ERVlCES DEPAR~ DIRECTOR VlN~ A. CAUTERO, ADMI~II~TOR I)ATE I~ATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-S$-I 1 (!) EX SUMMARY/md AGENDA ~TE~ ?-G MEMORANDI/M TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 16, 1998 , PE'ITHON NO: PUD-88-11(1), PINE RIDGE CENTER WEST PUD OWNER/AGENT: Agent: Dr. Neno J. Spagna, President Florida Urban Institute, Inc. 3850 - 27* Avenue S.W. Naples, Florida 34117 Anthony F. Sancigar, Trustee 7622 Pebble Creek Circle, #204 Naples, Florida 34108 REOUESTED ACTION; This petition when approved will have the effect of repealing the current PUD (Planned Unit Development District) and replacing it with a new PUD (Planned Unit Development District). Revisions to the current PUD will have the effect of bringing the PUD and PUD Master Plan into compliance with the Collier County Land Development Code (LDC) pursuant to criteria set forth in Section 2.7.3.4. GEOGRAPHIC LOCATION: The subject property is located in the southwest quadrant of the Pine Ridge Road (CR-896) and 1-75 Interchange Activity Center, wes~ of Pine Ridge Center PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.87 acres (~ee location map on following page). PURPOSE/DESCRIPTION OF PRO,rECT; reformatted the original PUD into a ~yle presently utilized by all new PUDs curvmt LDC requirements, development regulations, architectural and design and infrastructure improvements into the new PUD and Mas~er Plan. Additio] The purpose for the amendment in one r~pect is to comply with the suns~g requirements of Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has delin~~ping ally, th61lt~l~&'nent APR ,e 8 1998 ,,I re-visits the approved land uses, development commitments and vehicul~r interconnects with adjacent The Pine Ridge Center West PUD encompasses a land area of approximately 8.87 acres, and is located within the southwest quadrant of the I-7$/Pine Ridge Road Interchange Activity Center. The uses provided for in the PUD include an assortment of business services for professional and medical offices, convenience and service businesses for the traveling md passerby traffic, reuail establishments, restaurants, and mini-storage facilities for the local commtmlty. The PUD is designed architecttually as one center and is of such ~ that it provides a mix of land uses on-site. The master plan provides perimeter and internal landscape buffers, water management facilities, open space, controlled ingress/egress and water and sewer facilities. The master plan also reveals a shared internal roadway (Pine Ridge Center Way) with Pine Ridge Center PUD located east of the subject property. The shared roadway will act as a mutual means of ingress/egress from Pine Ridge Road and serve to intercormect each of the PUD'~. The PUD provides for a right turn lane, median improvements, contribution towards a traffic signal, and compensating fight-of-way. SURROUNDING LAND USE AND ZONING; Existing: The property is presently tmdeveloped and a majority of the site is designated as upland vegetation. The property is zoned PUD and provides for a variety of commercial, business and professional land uses. Surrounding: North - To the north is Pine Ridge Road right-of-way. Further north is the Naples Gateway PUD. The subject site is presently undeveloped and is also approved for highway commercial, reta/l and professional office land uses, located within the Interchange Ac~vity Center. East - To the east is the Pine Ridge Center PUD. The property is also undeveloped and is approved for commercial, retail, hotel/motel and professional offices. The subject PUD is also being reviewed concurrently by staff as required by Section 2.7.3.4 ofthe LDC. This property is also located within the Interchange Activity Center. South - To the south property is zoned RMV-6 and developed with the Hospice of Naples. Further south the pwperty is zoned Agricultural, undeveloped, and has a large lake on-site. West - To the west property is zoned Agricultwal and is ~tly undeveloped. This property lies outside the I-7$/Pi~e Ridge Interchange Activity C~ter Boundary. GROWTH MANAGEMENT PLAN CONSISTI~NCY: The entirety of the Pine Ridge Cent= West PUD is located within the Urban Designated - Interchange Activity Center on the Futu~ Land Use Ma~ to Be FLUE to the GMP. The subject property is zoned PUD for commercial related land uses and is presently undeveloped. A review of consisten~ relationships with elements of the GMP is as follows: Future Land Use Element - This petition proposes an amendment in order to bring the PUD into compliance with the Collier County Growth Management Plan and Section 2.7.3.4 of the Collier County Land Development Code. In doing so, the petitioner has re-formatted the original PUD and incorporated ail curr~t LDC requirements including development regulations, architectural and design guidelines and landscape buffers into the new PUD and Master Plan. The subject site is located within the Urban Designated Area as identified on the Future Land Use Map, within the southwest quadrant of the Pine Ridge Road/Interstate 75 Interchange Activity Center. The function of the Interchange Activity Center provides for a mixture of commercial uses (ex: hotels/motels, restaurants, gasoline service stations, business services, profession'al offices, retail uses, and convenience commercial uses) for the traveling and passer-by public. In 1983, the subject property was designated as a commercial node as indicated on the Collier County Comprehensive Plan and Map. In 1989, its designation changed to Interchange Activity Center. The designation change in 1999 specifically identified the subject property within the Pine Ridge Road/ Interstate 75 Interchange Activity Center, consequently earmarking this property for commercial use. In staff's opinion, the subject site has been designated as a commercial node for over 15 years, and the amendment to bring the PUD up to date with current regulations is deemed consistent with the criteria setforth in the Future Land Use Element and Grovah Management Plan. Traffic Circulation l~l~merlt - Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following comments: Since no additional commercial area is proposed, there will not be any additional traffic generated by this amendment over the amount currently approved for the PUD. Therefore, this amendment will not exceed 5% of the LOS "C" design capacity on Pine Ridge road within the project's radius of development influence (RDI). In addition, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The Traffic Circulation Element lists Pine Ridge Road as a 4 lane arterial road fronting the project. The current traffic count for this segment is 38,224 AADT and is operating at LOS "C". It should be noted that the level of service on this segment is projected to fall below its adopted LOS "E" standard by 1999. However, the planned improvement to 6 lane this segment is scheduled for completion by 2001 to meet concurrency requirements. Therefore, this petition complies with TCE. APR ;~ 8 1998 ,.. ,,,. /o Ooen Soace Element - The total open space (2.6 acres), and the open space that each individual development parcel sets aside as a function of complying with setbacks, water management and design features exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as designed is consistent with the open space clement. Other A_oolicable Elem~tCs) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer sad water dism'bution system. On~ these utility lines are completed in accordance with County standards, they will be dccdcd to the Collier County Water-S~er District as required by County Ordinances.' Water management facilities will be consm~¢ted to meet County Ordinances and these will be reviewed and a~:n'oved as a sanction of obtaining subsequent development order approvals, Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. HISTOR/C/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petition,s property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Purstant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department staff. The subject site was historically cleared and determined exempt from review by the EAB. However jurisdictional st~ff made recommendations for modification of PUD provisions to ensure compliance with LDC requirements and these are included in the PUD regulations. The petitioner is required to provide an eastbound turn lane, compensating right-of-way and arterial level street lighting. These requirements are pan of the PUD regulations for traffic impacts. ANALYSIS: A PUD amendment is not a rezoning in the sense thai the action rezones propert district classification to another, each with different land use and/or density/inten 4 'ity agendas. This APR g 8 1998 amendment rather re-formats the original PUD Document and Master Plan to comply with current development standards and elements of the Collier County land Development Code and Growth Msnagement Pla~. Because this change is internal to the PUD D~velo~ent strategy we conclude the action is thai of an amendment as opposed to one establishing a new zoning district. When we use a rez~ing process to accomplish a PUD amendment we do so to achieve a level of administrative convenienc~ because it avoids the requirement to Uack amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staffis ofthe,opinion that the r~tired findings for standard and PUD rezones do not apply in recoguition of the fact that when the property was initially rrzoned the decision to approve the Pine Ridge Center West PUD was based upon a preponderance of evidence and conditions which supported the required findings for both standard and PUD rezoning actions. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a re'zoning action advises as follows: The existing Pine Ridge Center West PUD provides for hotels/motels, restaurants, retail establishments, professional offices, banks, convenience stores and gasoline services stations. The amendment proposes additional professional, medical, and business offices including retail uses and mini storage facilities and provides a level of specificity for each of these commercial uses as identified by the Standard Industrial Classification Manual (1987). Also the amendment brings about development standards which are consistent with the Collier County Land Development Code as it relates to setbacks, landscaping, signage, water management, open space and architectural design guidelines. The amendment also establishes a new PUD Master Plan which provides a shared vehicular ingress/egress with Pine Ridge Center PUD. Commitments within the PUD require median improvements, turn lanes, right-of-way donation and arterial street lighting. For all intent and purposes the only substantive changes to the Development Regulations are as follows: e Maximum building height Permitted principal uses 3. Signs Gasoline service stations/ retail/business/office & all other permitted uses Current PUD (Ord. No. 88-87) 50 feet Commercial, office, retail Pole signs No architectural & site design guide- lines Proposed PUD 3 stories above parking Warehousing & self-storage, commercial, office, retail Pole signs prohibited Architectural & site design guidelines in accordance with LDC Based on the above information, staff is of the opinion that the proposed ar restrictive than the existing PUD Document in that it provides unified architectu 'al and sit~' dedgn APR 2 8 1998 ~midclincs, cornpl~cs with development regulations s~tforth in the LDC, provides shared ingress/ egress with Pine Ridge Center PUD, prohibits pole sigr~, and limits structures to 3 stories above parking. Staff is also amending the Pine Ridge Center PUD in accordance with Section 2.7.3.4 ofthe LDC and for all intents and purposes is identical with the subject PUD. These PUDs will co-exist together as a trollied development, shagng ingress/egress, similar uses, and development regulations. This type of unified master plan and PUD document is also similar to the Naples Gateway PUD, Angileri PUD and Clesen PUD located on the north side of Pine Ridge Road. , PUD Master Plan - The new PUD Master Plan provides a development stratel~ wherein all commercial, retail, storage and office land uses can be developed throughout the entirety of the site. This plan differs from the original PUD Master Plan where the plan specifically identifies interchange commercial land uses adjacent to Pine Ridge Road and sets aside the remainder of the site for a hotel development. Staff is of the opinion that the original PUD Master Plan is too restrictive for a mixed use development and the new Master Plan provides for creativity and flexibility in site design and land use planning throughout the entirety of the site. The PUD Master Plan also provides landscape buffers, retention lakes, water management facilities and open space as setforth by the Land Development Code. Self-storage and mini-warehouses are required to be setback a minimum of 200 feet from Pine Ridge Road and comply with the architectural and site design guidelines of thc LDC. The subject PUD is located within the Interchange Activity Center, and with respect to compatibility issues, we have an expectation that the land will be developed for those land uses authorized for Interchange Activity Centers, and further providing a transition of uses throughout the PUD, restricting development regulations, and providing architectm'al design guidelines. Staff is of the opinion that thc amended PUD Master Plan and Document is compatible with surrounding property. In the opinion of staff no public interest is jeopardized or individual interest resulting from a reliance on the current regulations. Utiliw Infrastructure - Both public sanitary sewers and municipal water supplies are available to the property and will be extended as a consequence of future platting to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing as thc case will be for development of this land. The water management system to serve the project will consist of an interconnected retention system. Runoff fi'om the development areas will be conveyed to the retention areas by sheetflow, catch basins, and culvert systems. Additionally, the project falls within the jurisdiction of the SFWMD, and is, therefore subject to ail of their permitting requirements. Traffic Cjrcula!iol~ ond Im_oa~t - Staff has identified the fact that the amendment will not create additional traffic over the amount currently approved for the PUD. Therefore, the amendment will not exceed 5% of the LOS "C" design capacity on Pine Ridge Road within the development influence (RI)I). The Traffic Circulation Element lists Pine Ridge ,r~;,~t'.~ radius of APR I~ 8 1998 arterial road operating at LOS "C". The planned improvement to 6 lane this sc~nent is scheduled for completion by 2001. Communit~ In~'trucmre and S~vices - The subject property is readily accessible to a whole range of community infrastru~ which is enhanced by its frontage on Pine Ridge Road. Shopping centers, business offices and medical offices of various specialties are all within a short driving Urban development is underway in ail directions fi'om this PUD, which is an indicator emmarking this site for development. STAFF RECOMMENDATION: Thc Collier Cotmty Planning Commission recommend approval of Petition PUD-88-11(I) having the effect of rcpcalins the current Pine Ridge Center West PUD Ordinance No. 88-87, and adopting a new Pine Ridge Center West PUD Document and Master Plan. R~NALD F. NINO, AICP ACTING CURRENT PLANNING MANAGER ~RE, AICP VI~CENT A. CAUTERO, AICP, ADMINISTRATOR CO~TY DEV. AND ENVIKONMENTAL SVCS. Petition Number PUD-88-11(1) StaffRcport for April 2, 1998 CCPC meeting. COLLIER COUNTY PLA.NNIN"~MISSION: MICHAEL A. DAVIS, CHALK PUD-88-1 I(1) STAFF REPORT/md DATE DATE DATE APR 2 8 1998 APPLICATION FOR PUBliC HI~_ARING RFXONE AND CONDTIIONAL I3'gE REOUI:.._qT$ COIvflvIUNn~ DEVELOPMENT DIVISION PLANNINO DEPARTMENT JUL 16 1967 1. Name of Applicant(s): Anthony F. ~'an '_c~. Tms~;e. Appticanfs ~ Addrcu: 7622 Pcbble Creek Circle Applicant's Tcl~phonc Numbs: R~. ~ Bus.: 26~3~00 u thc appli:mt thc owner of~bjc~t property9 X Y~s No (._) (a) If applicant is a Land Tnm, so indicat~ ami ramo th~ lx-n~~ I~iow. (_3 (b) If applicant is corporation othcr th,zn a public corporation, so in~,.atc and n,xmc ofFg. ca and major stockholders bclow. (_3 (¢) If rpplicant is, partnml~, limitexl p.vtnmhip or other bu~m ~y, so indi~t~ and narnc ( X ) (d) If appllcant is ~n owner, indica~ exactly ~s lvcordcd, and list all other owner% ffany. ,anthony F. $~nc~,~', Trustee 7622 Pcbblc Crcck Circle Naples, Florida 34108 (._) lc) ffapplicant is a lcsscc, aluch copy oflcasc, and ~ actual owncr(s) fi'not indi~ on fl~c lease. (_3 (f) If applicant is a contr~ pur~.~, ~ta~h copy ofcotmm~ and indicat~ actual own~s) namc and address bclow. 2. N~m¢ of,~,~rt Dr. N~no I. Soa~,r~_ Firm Florida Urb~ A~ts ]~I~ A~lrcss: 3850 27 Avcrmc S,W'. N _~les. Fiori,4~ 34117 Telephone Nurnb~ R~. ~ Bus. D~ilcd legal description o£thc property covered by the application (if space is inMcqu~c, anach on scpm~c page. Ifrcqu~ irrvo~ change to more than one zoning district, include separate Icg, al dcscri~on for property involved in each digrlct. If ~ i~ odd-~ha~ mbmit four (4) copies of mrwy (I' to 400' ~lc. Thc zpplka~ is rcspon~'ble for supp~ thc correct legal dcscripdon, if qucsdom ~ concerning Section 1~ Township ~ South ~ ~ That portion of thc West 1/2 of thc West 1/2 ortho Northcut 1/4 ofthc Northwest 114 of Section IS, Township 49 $ou~ R,xngc 26 East, Co~icr Cotmty, Florida, lying South of Pine Ridge Road, ~ 1~0 foot Righ~-of-way. 4. Size of property ~t X .~2.4,/t.m/lY~ 8.87 Acres Address or locadon of subject property No address at this time. Ridge Road a_ _oprox. imatclv 3/4 tm'lc wes! of 1-75. Located on south s~dc of Pine 6. Existing hnd clc~tion I0.5-11.5" NG%'D m/l . CotmtyHoodCriteriaEl~tion ZoneX 7. a. Date ~abj¢ct propert).' acquired ( X ) or ( Term of lease Yrs./mm. ) leased: 4th day. of month ~ 19 94 . b. If, l>ctitioncr has option to buy., indicate date of option: terminates date option Docs property owner own contiguous property to the mbjcct property? If so, givg complete legal dcscrytion of entire contiguous property. (Ifspacc is inadequate, a~ach on ~cparatc page). No. 9. This applkarion ~ intended to cover: (Check which type of petition you a~c rcqucsdng): A Rezoni,ng: Present zoning ~ Requested zotdng ~ For ~ of thc Pine Ri~c Center West PUD Ordin~ce 88-87 in corrm~ with the m'ovisions of Section 2.7.3.4. of thc/_and Devel _opment Cod~ fLIX2) Time Lirr~ for _ _axAm'oved PUD ( ) B Condit~onel Usc Zoning, For ( X ~ C. Sub~/sion Master Plan Approvel (Required of all PUD'S 10. Reason why appUcation should bc epprovcd (attach additional sheets ffncccssary). ~ thc Pine Ridge Center West PUD Ordinance 88-87 ill Cxnnpt~ce with the _Drovhlom of Section 2.7.3.4. of the Land Dcwlooment Code (Il)C) Time Limits for approval PUD Master Plato. I 1. Is proposed usc prolu'bited by de, cd resuicgons? Yes X No 2 If yes, pleas . APR 2 8 1998 12. Is this rcqucst a result ora violation? N'o l. fso, to whom was the notice sen,-..d? 13. Has a public hearing, been hcld on this propo~, within thc last yca~. No 14. No Type:CBS , , Frame , Mobil Hornc COL,.~'rY OF COLLIER STATE OF FLOP. IDA Thc foregoin~ '~"'' ~ '"~- "' who i~ ~ known to mc or who has produccd .. ~ idgnti~cation and who d~d (did not) tan In oalil.. ,' ' :',' / ' ~ ,~'~4~ '$i~arur¢ of Not,w' Pu$1i¢ PUD Amcndmcn! was acknowledged before mc ttusc.~.day, or- ~. '.,~ ,19';'~ by (Phnz name of Nomy Public) NOTARY PUBLIC Serial Commission # h~' comm/~on expires (NOTARY SEAL) trNOTARY FOR TIlE AGENT) STATE OF FLORIDA COUN'I'Y OF COLliER Thcforcgoing PUDAmendmen! w~nowledgcdb~for~m~ll~__day, oI~d~, 19~,? bx' -/l~-~,., ~ .J_ ,,, ~.~,, .. w~oi~pmon~own~om~orw~o~~ ~ ,,, , ~_,.:.. ~.~.. . idcn~fic~on ~d v-ho did (~ noO ~ ~n o~h.. Sigrtarur¢ of Not~' Public ("Prin! name of Nota~' Public) NOTARY PUBLIC S c'rial. Cormv. ission ~ My comrr~si~ ~xpircs COglx:lSSaON NO.' ~.'~o I ~'( O.,~',IlSSlO~ IDCP. NOV ~.I~_ ~ CNOTARY SEAL) ANTHONY F. JANCIGAR 7622 PEBBLE CREEK CIRCLE NAJ~;S. FLORIDA 3410~ T~'~:~E1941-~98-4296 MR. BRYAN MILK COLLIER COUNTY GOVT. DEV. SERVICES 2800 HORSESHOE DRIVE NAPLES FL. 34104 RE: PINERIDGE CENTER WEST DEAR BRYAN, REGARDING YOUR REQUEST FOR BENEFICIARIES IN THE ABOVE PARCEL THEY ARE AS FOLLOWS, ANTHONY F. JANCIGAR 7622 PEBBLE CREI~ Cl NAPLES. FL 34108 DR. THOMAS WARREN 27155 CHARDON ROAD RICI-OVIOND fiTS. Of-ilO 44143 APR 2 8 1998 2. 3. 4. UTILITY ~O~ONS FOR REZO~rES & CONDITIONAL USES N~m¢: An~onvF. 1mc;_~m', Thrace, owner of Pine Ridge Centcr Wc~t PDD. Addrcu: 7622 Pebble Creek Circle #204 Phone: N~I~ Flc~da 3410~ Legal Dcsc~on: ~ portion of thc West 1/2 ofth~ West 1/2 of tho Northeast 1/4 of thc Nor~m'~st 1/4 of Section I S, Township 49 South, Ran~ 26 East, ColHcr Typ~ of s~w~¢ disposal to be provided: A. County system: B. City sysm'n: C. Fran¢l&¢d system D. Package trcatmm! plant __ X C~pac~y (OPD) Type of water service to be ~ovided: A. Count3' System: B. City system: C. Frmcl'dscd system D. Private system: X Toul population to be served NA Peak a~d r,,~'agc demands: Thc csGmatcd ~ consumption of waIcr is ~ on anti~ mc oftl~ prop¢~ as follcm: Antlci~atcd Usc of thc Property Land Use g34 Fast Food Restam'~t Land Us~ 720 M~tical O~ Buii~ng La~d Use 320 Motel La. nd Use 912 Drive-in Bank M~od of c~n~_ so ot:,'D/c.r 04) 2soGl'Dd3octor (12) 1 ~OPD/Room (120 rooms 20OFD/En~oyee (10) TOTALS 1700 3O0O 1800O 2OO APR 2 8 1998 10. A. WATER-PEAK_11451_ AVERAGE DAILY __.229002 B. SEWER-PEAK_II45_ AVERAGE DAILY __.2290~ If~ tO connect to Reg~ot~l Water System along SR-951, ~ s~rvice will be rcqu/r~d Petitioner does not orooosc to connect to Re~_'oru~1 Water Bric£ concise narrative and schematic drawing of thc sewage trcatmen! process to be used as wcl] as a s~cifie mtern~t res~r~ the method of ~t ~a ~hui~e dlqx~uL If percolation pon~ arc to be used. then percol~on data of ~ involved ~ be provided from rcm prep~d ~' a profmional engineer. 11. The p~titioner agrees to thc follov4ng cond/tions ~ applicabl: to ~ project: Ao Water distribution, ~cwagc coIIection and transmission and inltrbn water and/or ~cwage h'catmen~ facilities to sm'ye the project are to be designed, constructed., conveyed, owned and maintaincd in accordance with Collier Coun .ty Ordinance No. 88-76, as amended, and other applicable Count' rules and rc'l~ations. Bo .,MI customers connecting to thc walcr distribution and sewage collection facilities to bc c~cted w~ be customers of thc County and ~ be I~]cd !~' thc County in accordance with thc Coun~'~ established rates. Shoulc~ the County not be in a position to prcn, idc water and'or sewer sc~,'ice to ',he project, the water and/or sewer set, ce to the project, thc water and, or sewer customers shall be customers office interim uti.~ty cst~b2hed to sm,c the Frojcct until the County's off-site water and/or sewer feciliti~s a-c a~,,a,'leble to serve the project. l~ i~ anticipated that the Count)' Utilities Dix, ision will ultimate .ly supply potablc water to mcct thc consumptive demand and/or r~ceive and treat the Icwagc generated by this project. Should thc Count)., System not be in a position to ~lab' potable water to thc project and.'or receh'e thc projects waatewater at the time development commences, the dcvcloper, at his e.xpen.~e, will install and operate interim water mpply and on-site treatment facilities and or interim on-site sewage trea~mtmt and disposal facilities adequate to meet ail requh'emcnts of the appropriate regulatory agencies. An agreement shall be entered into betwem thc County and the developer, binding on the developer, his assigns or succcssor~ regarding an interim treatment facilities to be utilized. The agr:ernent mu~ be legally ntfficient to the Cotmry, prior to the approval of construction documents for thc project,, and be in conformance with the requirements of Collier CounF Ordinance 88-76, as amended. IBased on 5°, of average daft)' use ofwate~ :Based on. CourtS' LOS pven on Page PW- ."3 oft.he Collier County Growth Management Plan, Pub fol;o,,,,'.~' ;Based on "water re.water out" usage ofwater as suggested on Page PW-?2 of¢olllet County Grcm Public Facilities Element 6 ~c Faci~~t D. Vcrific~on of~'w'a~ trcmnc~ ~l~CiB; punu,mt to Ordinmcc No. ~)-112 to ~n'vkc fltis project, must accoatp~' ~h¢ final ~c plan. £. Prior ~o final site ~ ~ppro~, ~m of Eavlro~mc~ R~ ~ of ~n~.' construction permits must bc mbmit~d to thc Dcvr, lopmc~ Scrviccs ~ for For o~¢c usc only Comments: D~r¢clor ~i sh S ~l/g4 Dcnicd 7 APR ~)8 1998 pg. ~,~c~...-.-.---- ~,l~**l I"111 P.II/ll JIJ"lJl J'lndee,,nml By, *'4 ~ IJl of ~ L~ of Bu~JUml~ :L/4 of loz'r. Jt~l'C I/& of h~lplrtT Z.O. #0~1']40000! ar&~t~e, · Ioc~a.~ fr, ocm~L~ APR ,~ 8 1998 I 2 4 6 9 i0 12 14 20 2! 22 2~ 2~ ORD21~..~CE 90- AN ORDINANCE A~NDING ORDINANCE NL~MBER 91-102, THE COLLIER COUNTY LAND DEVELOFMiRT CODE, NHICH INCLUDES THE COMPR~HENSIVE: ZONING ~GL~LATIONS FOR THE UNINCORPORATED AP~ OF COLLIER COUNTY, FLORIDA, BY ~k/~'DING T~ OFFICL%L ZONING ATLA~ F~ NL~EI~D 9618N BY CHANGING THE ZONING CLASSIFICATION OF T~ HEREIN DESCRIBED REAL PROPERTY FRCK 'PUD' TO 'PUD' PLANNED UNIT DL~LOP~ KNONN A~ PINE RIDGE CEN~R WEST, FOR PROPERTY LOCATED ON ThE $OUT~ SIDE OF PINE RIDGE ROJ%D ~PPROXIMATELY ~ MILE WEST OF 1-75, IN $ECTION 18, TOWNSHIP 49 SOU'Z]{, RARGE 26 FAST, COLLIER COUNTY, FLORIDA, CONSISTING O£ 0.07 ACP~S; PROVIDING FOR ThE REPF. AL OF ¢.RDINANCENUMBER 08-87, AS AMT. NDED, Th~ FO~M~R PINE RIDGE CENTER WEST PUD; AND BY PROVIDING AN EFFECTIVE DATE. 2S WHER~3~, Dr. Neno J. Zpagna of Florida Urban Inzti=uKe, Inc., 27 representing Anthony F. Jancigar, Trustee, petitioned =he Board of NOW TH~FORK ~E IT ORDAI~D BY THE BO~D OF C0~TY ~1 OF COLLIER COUNTY, ~"LORIDA; .~6 32 S£CTiON ONE: The Zoning Classification of =he herein described real property 34 located in Sectlcn 18, Township 49 South, Range 26 Ea.s=, Collier County, 35 £1orida, 2s changed from "PUD" to "PUD" Planned Unit Developmen: in 36 accordance wlth =he PUD Docunen=, a:tached here=o as Exhibit "A", which 37 is incorporated herein and by reference made part hereof. The Official 31 Zoning Atlas Map numbered 9618N, as described in Ordinance Number 39 91-102, the Collier County Land Developnen= Code, is hereby amended ~ accordingly. 4! SECTION TWO: 42 Ordinance N=T~er 88-87, as amended, known as the Pine Ridge Center ~3 West PUD, adopted on November 8, 1988 by the Board of County ~ Commissioners of Collier County, is hereby repealed in its entirety. $£CTION ?}{REE: This Ordinance shall become e[fective upon [il~ng w~th the Depar1:men= of PASSED AND DULY ADOPTED by 1:he Board of County Co.,~_!ssioners of Collier Coun1:y, Florida, this ... day of , 1998. ATTEST: D~IGHT £. BROCK, Clerk 6 7 8 10 11 12 15 14 tS Approved as 1:o Form and 16 Leqal Sufficieflc¥ 17 18 20 8a'r~o~l~e M. S~u~en~ 21 AssisCan~ County A~co~ne~ BOARD OF COUNTY COHHISSXONZRS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman -2- APR 2 8 1998 PIN~ R1~G£ CEN'~R WF. ST PREPARED FOI~ ANTHO~Pf F. ~ANCIGAR, TRUSTEE FLANNING CONSULTANT: Dr. Nmo ~. Spagn~ Pr~id~ Florida Urban Irm/n~, Inc. 3950 27 Avmu~ $ W Napi~ Florida 34117 941-455-216~ CIVIL ElqGINF~KR: T~rm~ce L K~ple, P. E. 9~1-40~-17~0 LAND ~.IRVEYOR: N~plcs, Florida 34114 941-774-79gl APR 2 8 1998 Da~ F'.J~ Date Ikvb~ Date ~ by CCPC Da~e Approv~ by BCC TABLE OF CONTENTS i. SECTION 1 PROFERTY OWNERSHIP AND DESCRIFIION .............. 2. SECTION ri PROJECT DEVELOPMENT R.E~UIREMENTS .............. 4. SECTION rtl COMMERC/AL AREAS Pi.AN ........................................... 6. SECTION 1V DEVELOPMENT COMMITMENTS .................................... I0. APR 2 8 ~998 LIST OF EXttmlTS PUD DOCUMEN'r PUD MAS~ PI, AN/WATER MANAOEX~NT PLAN BOUlqDA~Y ~URVEY COMPOSITE MASTEP. PLAN APR 2 8 1998 STATEMENT OF COMPLIANCE to bc known ~s thc Pinc Ridge ~ Wc,t PUD w~ ~ m comp~xncc vnm m p~nm~ ~ commcrcisl f~-ilitic~ of thc Pine Ridge Ccntcr Wc~t PUD w~l bc comistcnt vdth thc growth polici~ Thc ntbject propcay's location in relation to cxisting or gropo~l community fact'tMc~ and ~rvices permits thc dcvdopmcnFs intcnsity ofhnd uscs as rcqxfire3 in Objcctiv~ 2 of thc Futur~ Land U~c Elcrncnt. The project ia con'~tiblc ~nd complimentary to ~xisting ~d futu~ ~u-rounding land u~ ~s required in Policy 5.4 of the Futun: Lind U~e Element. Thc projcct shall I:,c in compact ~ ~ ~:,l:,licablc County r~,uhtions including thc Growth M. magcmc'nt Ea3. All ~ local dcvclopmcnt ordcn for this project are ~tbjcct to Division 3.15, Adcquatc Public Facilitic~, of thc Collicr County Land De~=lotnncnt Code u ~'t forth in Pol/cy 3.1 of the Future L,md U~c Elcmcnt. APR 2 8 1998 SECTION 1 1.1 1.2 1.3 LEGAL DESCRIPTION Soction lS, Towmh~ 49 Sou~ Ra~ 26 E, ast, Coll~ ~- ' Ridge Ro~ a If, C) foo~ ,~h~.~f. way. (S.S7 ~ mcxc or Ion). PROPERTY OWNERSHIP 1.4 1.5 The subject ~ is owned by: Anthony F. lmci~,ar, Trmt~ 7622 Pebble Cr~k Circlc #204 Napl~, Florida 3410S DESCRIPTION OF PROPERTY AREA Thc ~tbj¢~ propcrty i~ ~ in thc ~a,~w~ ~ of thc Piac Ridge Roa~a~6t~poo~'~ J,.~nc ~fion q~x'o~ 3/4 unit wcst ali-75 in thc pHYSICAL DESCRIPTION Ag,u ~ A 27. Runoff from ~ ~ will flow oa~dy to lt~o 1-75 crud ~cm- 'I~ i~x~J°ct w]l bo dosignod for a storm ~ of 3-day dm'a6on and 25'year ~ ~ as w°ll as w~'r qu~ib' in ~,ordm~ ~ ~o ~ of Sou~ Flo6~ Warn- Mm~an~ I:isaict. ~ of~ l~penynu~c frcxn~ 10.0 fcetNOVDto 12.0f~stNGVD. ~ sim h wit~ ~c Zonc "X" pen' Flood Insm'm~ R~ Map (F'n-m P~,,l #120067 0425 D). I p~. 31 1.6 PROJECT DESCRIPTION 1.7 1.8 SHARED FACILrlXES For thc ~ of ~chicvi~ thc most dcsi~l¢ and effective dcsign ~ &~ ~ ~ ~d ~~ ~ ~d ~ ~ ~c ~c R~ ~d w~ ~~t ~ ~c ~~ Tlut portion of thc F.~st 1/2 of~ West 1/2 of thc Northeast 1/4 of thc Northw~t 1/4 of S~cfion 1% T~ 49 South, Range 26 East, Co~m' CounU, Flodda, lying South of Pine Ridge Road, · ! 50 foot right-of-way. (g.73 acres). ~ pt~ is prea~tly owned by Peter Lon8o and Mark Longo whose addresa is 1135 Gal]con Drive, Naplc~ Florida 34102. Thc ~ring of th¢~c facili~ce d~ no~ ~ in ~y nunncr ~, thc right of c~ch individual ~ owncr to u~c, ~ lc~c or ghlx~ ofi~ individ~ propcrty in a mm'mcr of'its choosing subj~t to thc limitations prcscn'bed ~ as · ccmd~on(,) crt'this PUD SHORT TITLE APR ~)8 1998 SECTION II PROJECT DEVELOPMENT REQ~~ 2.1 2.2 2.3 m~d,~'d~ ~hcn e~c ~ of thc mo~t ~ dhuict ~n e~c Collicr County I~nd Bo Ce De ~l:)lic. ablc rcgu~ons, thc ~ of e~o~ r~p~tiom no~ ~ provid~ for ~n ~hc PUD mu,~n/n full forc~ ~I cff~"t. to ~c ~.vciopmcrm DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 4 2.4 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS tmhcrwi~ ~ within ~ PUD Document, my division of propcr%, and thc dcv:~ ofland ~ be in corttplimcc with th~ Subdivision Regul~ and thc platting laws of thc Statc of Florida. Thc prov~orm of Division 3.3, Site Dcvclopmcn! l:'Izrm of thc Land Dcvclopmcn! Code, v,~hcn applicable, ~ apply to thc dgvcl~cnt of all ptattcd tracts, or parc. cb of lznd as Frovidcd in said Division 3.3 prior to thc issu,mcc of a bui]~ pcrmit or othcr dcvclopmc'nt ordo-. Appr~tc instru~ v~ be pro~dcd a~ thc ~c of'in~'as'rructurc improvcmc'nts regarding any dedications and thc methodology for providing pcrpc~ maintcnancc of AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Am~dmcnts mzy bc made to thc PUD ~s provided in Section 2.7.3.5 of thc Land I)c~l~t Codc. APR 2 8 1998 3.1 3.2 3.2 SECTION III COMMERCIAL AREAS PLAN Th~ ~ of ~ S~ ia to ~ R~cifi~ dew. lopmmt ~d$ for thc ~c as d~own in A-ca "A' ~xi Are~ "B' on EXHIBIT "B', PUD Mmcr Plan. GENERAL DESCRIPTION more or k~ ~tc ia located in thc ~outhwcst quadrant of the Pinc Ridgc Road/Whlppoorw~l Lane intcrscction and ia inch:dcd in the 1-75 Pine Ridge Road Into'change Activity Ccntcr. PERMnTED USES No building, m-uctm-c or part thcrcof~ shall bc crccted, altcrcd or uscd, or land uscd, in whole or part, for other than the following: A. Arca "A" Pcrmittcd Principal U~cs and Structurc~: 2. Slormwatcr Managctncnt A,"cas. B. Area "B" Permitted Princic~al U~ a~d Structures: Auto suppty stor~ (group 5531). Dcposito~ ~on$ [.groul~ 6021-6062 (Commercial Banka, Savings Im'tit~om, and Credit Uniom)]. Eating~~5812). Gasotinc ~ Stations, (group 5541) Automobile Service Stations and ~¢nce food stor~s only, with services and rcpain as ~ in Section 2.6.28 of thc Coni~r County Land Development Code u~d c. xcludi:~ tru~ m,~ Di~l ~ may only b¢ ~ f~ automob~c~ General Warc~ md Storage (group 4225 minlwar~houa¢, w~mi~8~lr~-t °f 200 frgt fr°m Ibc CR g56 figh6t'°f'wa}" ~l 3.4 Do e 7. 8. 9. 10. 11. 2. Loud ~l~ker~ and public ~re~ vymm~ are ~~ DE~LOPM~ STUD--S ~inimum ~t ~: Twe~ ~d (1~) ~ f~ B. ~inimum ~t Wide: S~-~ (75) f~t. C. Minimum Y~ds: (~) ~~ S~~: (~) F~t Y~ - T~-~ (2~) f~ ~) ~ Y~ ~ ~c ~ ~ T~*~ ~5) f~ 7 APR 2 8 1998 _,36, (¢) Si~ Ymrd- T~ (10) f~ (d) Ski~ Y~-d ~fa~m~l to th~ PUD - Fdk~ (1 ~) f~t (¢) P,~rY~rd-Fg~n (IS)feet. (2) ~ Smmcim~: (3) Tl~ ~ ~ ~ss for ~ Stmc~ sh~II b~ th~ ~ ~s forfl~ yanl r~luir~ncnt~ of a Principal Structure. D. Minimum Hoor Area S~'en Hundred (700) Max/mum HeiSt ~clu~rc fcct for thc princip~ stmcturc on thc first h~:~tablc floor. Forty (40) feet. Off-Street Parkin_~ and Loadin_~ R~uirements A~ rcqulrcd by Div~on 2.3 of thc Land Dcvclopment Codc in cffcct ~t thc time of building permit applicafiom Landscaping and Bufferin_~ Requirements A~ required by Div~on 2.4 of thc Collier County I.~nd Devel~ent Code in effect at the time of building permit ~pptic~om As required by Division 2.5 of thc Collier County Land Dcv~iopment Codc at the time of bt.,ilding permit q~plic~mtiork ~xe.n~t pol~ sig~m a~ ~ Distance Between Principal Structures Ten (10) feet. g APR 2 8 1998 Maior Solid Waste Collection .a,r~as M,jo~ wlkl w,,~ ~ m ~I b~ ~ o~ flr~ (3) ,{~ ~ · ~ ~.c.~u. Suc. h m,von~ w~ll sh~ ~lso m~ g~ ~..l~i~mrg ~ furfl~ ~l~t~xi in ~ 4. S.B ofltlis PUD ~ APR 2 8 1998 31 SECTION IV DEVELOPMENT CO{vflvIITMENTS 4.2 4.3 PUD MASTER PlAN 4.4 2.7.3.5 of th~ Col]kr County Lind ~olmlcnt Cod~ atmadm~ntl m~ be mad~ from SCHEDULE OF DEVELOPMENT/MONITORING REPORT Ct A Si~ D~lopmcn~ PI~ in ~ ~ ~ ;3.3 shall be ~ per County Thc hndoWnCl'(S) ~ procccd nd be go'v~'ned a~ to 1~ time I{,,~b ~ to Section 2.7.3.4 oftl~ ~ ~ Land I)ev~~ Code. An mmtml morfitoring report slmli be submitte~ ~ to Sec4ion 2.7.3.6 of the ~ County L,xM Dcv~l~ Co~. I0 APR 2 8 1998 4.5 ENGINEERING 4.6 4.7 4.8 D. Work wilhia lbo ~ C,,oualy ri~ht-of-way shall m{~'t g3¢ rcquir~mcr~ of Collier Cotm~ Right-Of-W~ Ordlnaa~ No. 9364. WATE~ MANAGEMtlNT In a~,orcL~c¢ with thc Rulcs of'thc Sot~ Florkh Watcr lq~n~cmcrd District (S~~ ~ 40E4 and 40E-40, fl~s projcct shaIl bc clcsi~cd fca' a storm event of 3-4ay duration and 2f~yc~ rcmrn frcqucn~. County wat~ m"vic, c is ~¢ via a 12" wa~ m,~ loc. stcd on thc north sidc of l~c Ridgc Road. Thc &~dc,pct ia ~1~ to tap ~bc main to provi~ bo~h lX~c wa~-r and fu'c ~ ~ to ~h~ sitc. An 8" minhnmn water ~ shaa bc with ~hc r~ of ColF~ County ~ No ~7-17 and ail federal, stat~ ~ of fl/s PUD. APR 2 8 1998 I1 Ho issuance of any Cc. ni.ficatc of Occupancy for thc d~v~l~ Compouafing right, of-way for turn lan~ and m~ arn~ ahall ~ dedic, a~! by thc dcv~lo~ to rdmbu~c the County for th~ ua~ of exialing right, of-way. Such dedication ~hall be c. omld~rcd sitc rdatcd and thcr~ ah,ail be no road impact f~ credit du~ thc Thc County r~-rv~ thc right to ac. qu~ right-of-way for th~ Pine Ridge Road six-lan~ project tt a fixcd c.~ for land and ~mta wiahmu g'ccran~ clzmag~ at thc timc n¢¢de& Thc baah of ~ for m~ tach acqui~on shall be a~ thc pr~-nt m,~ct ~ bascd on thc prcscnt zoning or on thc ~:~plic~t's co~ to ~xluire thc land, whichcvcr is less. Arty ggh right-of-way acqui~on gaall be made available to thc County within 120 d~.'s of notification to either or both dcvd~ of thc County'a n~ed for thc land or at the time of filing for thc first bu/Iding pcrm/t for thh d~c or thc Pine Ridge Centcr Wcst ai~e, whichcv~' comcs tim. Road improvemena require~ for ~ ~ojcct, both site specific mad ~/sm, n C~l~city, ~ be in place prior to the ~ of m~y ~ca~s of Occupmcy for thc d~:lcpmcnt. Road Ingot Fe~ ahall be pa/d in ~.cord~ w/th Ord/nznc¢ 92-22, aa amended, and mhan bc paid at the time budding pcrn~ ar~ iasu~ unit:aa oth~nvig approved by the Board of County Coumd~on~n'~. Ail rcquir~ ~ts, cxcluding right-of-w',ry donatiom for roadway ggm~ta spcc'~ficah'y mentioned in the Comb's Fiv~Tm Year Work Phn, shah be comidcred "siic related" aa defined in Ord/n~cc 92-22, aa amendext, tbe CoI~ Couaty Road Imp'act Fee Or6inancc, and shall not be eli~'ble for credit ~nvatd any mad required by that Ordiauncc. 12 NO. ~ APR ~ 8 1998 4.9 Pursuant to Section 2.2.25.g.1 of the Co~icr County Land Dc~l~mt Code, if'during the count of si~ clca'in~ cxcav~on or other construction activity · hhto~c or Enforccmcrtt ~cnt and Development Services A~, or his ~gT~CC, nu,trish ~nd color~ gtroughou~ a~ of thc bu~Idin~ signs, and w~gl~ to be erec~,d on site. A conccptua~ design master plan shall bc subn'd~ concurr~t with the first application for Site Development Plan al:q:n'~ demonstrating compliaa~ with thcg sta~dard~. 4.10 A. Bo EN%'~RO,NM~N'TAL An appr~¢ Ix,trion of thc narc v~¢tation shall bc retained on site u required in Section 3.9.5.5.4 of thc CoBicr County I~nd Dc'vclopm~t Code. An ¢xo6c vcgcta6on removal, monitoring, and maintcn,~cc (exotic-free) plan for thc site, with crnph,u~s on m'cu of retained native v~ctation, ah,d1 bc =ubmitte. A to Current Flm'mh~ environmental staff for review a~d at:,pr~ prior to final site plan/consm~tion plan approval. Petitioner shall comply with the guldcline= sad recommendations of thc U.S. Fish & V~,~dlif¢ So-vice (USFWS) sad Florida Game and Fresh Water Fish Commission ('FGFWFC) regarding potcnti~ impure to l~Ot~,d wildtffc specs. Whcrc protcctcd speci~ a-e ob=~,~l on site, · Habim l~.~gcmmt Plan for tho~ protcct~ species shall bc submiccd to Curr~t Plarazing Enviromu~ Staff for review and ~t:,proval prior to Final $i~ PLm/Censm~tion Plan ~ 13 APR 2 8 1998 .__.o. .'CA ] LEGAL DESCR~PT,ON ~$~ ~ & D*ST~E ~ ,214 73 mEET TO T~ ~?~ST .~G~T Oc ?I~NSP~TAT~ ~T ~ m~ ~A~ ~OI S?*TE ~O*D S.Ig6 T~NCE C~v( IE~G I~ wOAD AmC O; ~6G o8 mEET T0 T~ )~ Ir JS' 37' £ J.'d tm' rD) '* J~'4 r3' (l'J gZ]~ZBZT 'C' Pg'-~ APR: 8 ,,~'JO m - / EXECUTIVE SUMMARY PETITION NO. PUD-96-12, J. GARY BUTLER, P.E. REPRESENTING ROYCE O. STALLING, YR.., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A MULTI-FAMILY DEVELOPMENT FOR PROPERTY LOCATED EAST AND ADJACENT TO SANTA BARBARA BOULEVARD, ONE-HALF MILE NORTH OF DAVIS BOULEVARD (SR-84) IN THE SOUTH ½ OF SECTION 4, TOWNSHIP 50 SOUTH, AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 39.82 ACRES. OBJECTIVE: This petition seeks to have certain property herein described rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. coNsIDERATIONS: The petition provides a Planned Unit Development strategy for approximately 39.82 acres of land that would authorize 279 dwelling units. The PUD Master Plan reveals two Tracts (A & B) for development. Tract A (approximately 35 acres) will be developed a.s a residential community with single family and multi-family dwelling units. Tract B (approximately 5 acres) is also slated for residential development and provides an option to develop the site with a 10,000 square foot church with 600 seats or a nursing home in lieu of residential development. That portion of Tract B utilized for a church or nursing home development will be subtracted from the total site acreage for the purpose of calculating residential density (7 units/acre) for the remainder of the subject site. The PUD Master Plan reveals one point of ;nterconnection with Santa Barbara Boulevard at the northern portion of the site and a shared acc:.-ss easement is provided along the southern property boundary with the Shoppes at Santa Barbara PUD. The project provides a series of lakes for water management, land~:ape buffers and 60% open space. The subject property is currently being utilized as a grove with citrus and vegetable production. Presently there in a farm market on-site active in seasonal sales of fresh produce. To the north the land is developed in part by a multi-family rental project (Santa Barbara Landings) at six dwelling units per acre and by Plantation PUD at five dwelling units per acre. That portion of Plantation PUD adjacent to the subject site is developed with single family houses, and internal to the PUD is a multi-family project developed at approximately twelve units per acre. Wildwood Estates PUD is located adjacent to the east property line and is developed as a multi-family project at twelve uni south located within the Activity Center are two approved commercial projects Barbara PUD and Neapolitan Park PUD). Each ofthese PUD's are undeveloped an (Sho" ta APRg ~ l$~u sites southern property line. Neapolitan Park PUD has a multi-family component with development potential of sixteen dwelling units per acre adjacent to t~e subject site. Clearly the subject site is expected to be part of a residential district by virtue of the surrounding projects and approved densities. Staffis of the opinion that this project is compatible with the surrounding area. The Collier County Planning Commission reviewed this petition on April 2, 1998 at their public hearing and recommended approval of the petition 8 to 0. No one spoke in favor of or in opposition to this petition. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban-Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This is a policy directive which essentially acknowledges that residential rezoning of Agriculturally zoned land, given its timing in relationship to infrastructure availability, would be an appropriate course of action. Also, relevant to this petition, the Urban Residential Subdistrict also permits a variety of non-residential uses, including community facilities and transitional commercial uses. A consistency analysis with applicable elements of the Gl,fi' is as follows: FLUE and Densit~ - By virtue of its location in the urban residential designated area and within the residential density band, a zoning action establishing an urban residential development, church or nursing home cz: proposed is consistent with the FLUE. The proposed number of dwelling units is 279 for a density of seven dwelling units for each acre of land. The density eligible by the FLUE density rating system is four (4) dwelling units per acre within the urban area and three (3) dwelling units per acre within thc residential density band. Therefore thc density eligible by thc FLUE density rating system is seven (',') dwelling units per acre, consistent with thc petitioner's request Traffic Circulatio,a Element - Site generated txaffie will not exceed the significance test standard (five percent of the LOS "C" design volume) on Santa Barbara Boulevard. In addition, the project trips will not lower the level of service below any adopted LOS "D' standard within the~ development influence (RDI). Therefore, tht: project is consistent with Policy Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard es a fi, ' l nc ,ff l/ connecting with Logan Boulevard. Thc current traffic count for the scgn~ent sou 2 PO. ~ .... 11,078 PSDT and is operating at LOS "C". Thc Peak Season Daily Traffic was based on thc Peak/Annual Ratio shown in thc County's Transportation Planning database. It should bc noted that this road segment is not projected to bc deficient within thc next five years. Therefore, this petition complies with Policy 1.3 and 1.4 of thc TCE. Conservation and Open Space, - Acreage qualifying as jurisdictional preserves and open space totals 23 acres which constitutes more than sixty (60) percent of thc land area inclusive of land that will bc devoted to open space in connection with thc proposed multi-family development. Native vegetation preservation or re-vegetation requirements of thc LDC will bc achieved by thc &sign for preservation acres, therefore, thc Conservation and Open Space Element of thc GMP is achieved by thc PUD development strategy. Utilities and Management - Development of thc land will proceed on thc basis of connection to thc County's sewer and water distribution system. Once these utility lines arc completed in accordance with County standards, they will bc deeded to thc Collier County Water-Sewer District as prescribed by County Ordinances. Water management facilities will bc constructed to meet County Ordinance requirements. These will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this pcaition consistent with this element of thc GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoficaFArchaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area n~essary to protect the di~overy shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-96-12, Bembridge as provided by the PUD Document and Master Plan that will become an exhibit to the Ordinance of Adoption. 3 APR 2 8 1998 .3 p//Rll~Cl~bld., PLANNER ~ON~D F. ~, ~CP C~~ PLYING M~AGER DATE I~OI~RT J. MULHERE, AICP DATE PL :AN~NI~NG SERVICES OEP~E~ DIe'OR ~NCE~ A. C~ERO, ~MI~S~TOR DA~ COMMUNI~ DEV. ~D E~RO~E~ SVCS. PUD-96- ! 2 EX SUMNL~,RY/md APR 2 8 1998 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CO~TY DEVELOPMENT SERVICES DMSION DATE: RE: FEBRUARY 25, I998 PETITION NO: PUD-96-12, BEMBRIDGE PUD OWNER/AGENT: Agent: J. Gary Butler, P.E. Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 Royce O. Stalling, Jr. c/o Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 REQUESTED ACTION: This petition seeks to have certain property as herein described rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property fronts upon the east side of Santa Barbara Boulevard one-half mile north of Davis Boulevard (SR-84) in the south ¼ of Section 4, Township 50 South, and Range 26 East, Collier County, Florida. (See location map following page) PURPOSE ,~FSCRIPTION OF PROJEG-~F: The petition provides a Planned Unit Development strategy for approximately 39.82 acres of land that would authorize. 279 dwelling units. The PUD Master Plan reveals two Tracts (A & B) for development. acres) will be developed as a residential community with single family and multi-: units. Tract B (approximately 5 acres) is also slated for rcsoidential development option to develop the site with a 10,000 square foot church with 600 seats or a nuts' 1 Tract A (approximately 35 nd p~~ ~g h°mc ~nl~i~98 APR t~M~rr's N S £'XHI~I T A - MA $ TER PLAIV PFTITIO~ PUD-q6-12 APR 2 8 1998 of residential development. That portion of Tract B utilized for a church or nursing home development will be subtracted fi.om the total site acreage for the purpose of calculating residential density (7 units/acre) for the remainder of the subject site. The PUD Master Plan reveals one point of intereonnection with Santa Barbara Boulevard at the northern portion of the site and a shared access easement is provided along the southern property boundary with the Shoppes at Santa Barbara PUD. The project provides a series of lakes for water management, landscape buffers and 60% open space. SURROUNDING LAND USE AND ~0~[NG:,, Existing: The property is currently being utilized as a grove with citrus and vegetable production. Presently there is farm market on-site active in seasonal sales of fresh produce. The property is zoned "A" Rural Agricultural. Surrounding: North - To the north the land is developed in part by a multi-family rental project (Santa Barbara Landings) zoned R.MI:-6 and by a mixed use residential project (Plantation PUD). That portion of the Plantation PUD adjacent to the subject site is developed with single-family houses. That portion of Santa Barbara Landings adjacent to the subject site is retained as a con.servation easement. To the east lies Wildwood Estates PUD. The property is currently being developed as a multi- family project. That portion of the project adjacent to the subject property line is undeveloped at this time. South - To the south the land is vacant and zoned 'TUD'. The Shoppes at Santa Baffoara PUD is approved for a commercial shopping center and the Neapolitan Park PUD is approved for a multi-family and adult congregate living facility project To the west lies Santa Barbara Boulevard. Further west is the Berkshire Lakes PUD developed as a mixed use residential and golf APR 2 8 1998 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistfict) on the Future Land Use Map of the Growth Management Plan. This is a policy directive which essentially acknowledges that residential rezoning of Agriculturally zoned land, given its timing in relationship to infi'astructure availability, would be an appropriate course of action. Also, relevant to this petition, the Urban Residential Subdistfict also permits a variety of non-residential uses, including community facilities and transitional commercial uses. A consistency analysis with applicable elements of the GM? is as follows: ' FLUE and Density - By virtue of its location in the urban residential designated area and within the residential density band, a zoning action establishing an urban residential development, church or nursing home as proposed is consistent with the FLUE. The proposed number of dwelling units is 279 for a density of seven dwelling units for each acre of land. The density eligible by the FLUE density rating system is four (4) dwelling units per acre within the urban area and three (3) dwelling units per acre within the residential density band. Therefore the density eligible by the FLUE density rating system is seven (7) dwelling units per acre, consistent with the petitioner's request. Traffic Circulation Element - Site generated traffic will not exceed the significance test standard (five percent of the LOS "C" design volume) on Santa Barbara Boulevard. In addition, the project trips -.vill not lower ti~e level of service beloxv any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard as a four lane arterial road connecting with Logan Boulevard. The current traffic count for the segment south of Radio Road is 11,078 PSDT and is operating at LOS "C". The Peak Season Daily Traffic was based on the Peek/Annual Ratio shown in the County's Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next five years. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Conservation and Open Space. - Acreage qualifying as jurisdictional preserves and open space totals 23 acres which constitutes more than sixty (60) percent of the land area inclusive of land that will be devoted to open space in connection with the proposed multi-family development. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation acres, therefore, the Conservation and Open Space Element of the GMP is achieved by the PUD development strategy. Utilities and Management - Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as prescribed by County Ordinances. Water management facilities will be constructed to meet County Ordinance requirements. These will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element o 'the ~ APR 2 8 1998 3 i Pg--- HISTOFUC/ARCHAEOLOGICAL IMPA¢'r: Staffs analysis indicates that thc petitioner's property is located outside an area of historical and archaeological probability as referenced on thc official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ' EVALUATION FOR EN¥IRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. The subject site is being used as a farm field and grove and is exempt from a review by the EAB. However jurisdictional staff made recommendations for modification of PUD provisions to ensure compliance with LDC requirements and these are also included in the PUD regulations. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be it positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiting staff evaluation and comment, and shall be used as the basis for a recommendation of the approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or eon, whichever the ease may be, in the opinion of the staff. Staffrcview of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoni zg actd~,-~- - long range plan for future land uses. ~ 4 APR 2 8 1998 ......gPo= /0 Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses.. - A discussion of this relationship, as it applies ~ecifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Elcnnent of the Collier County Growth Management Plan. As reported above the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD development strategy provides two land use parcels (Tracts A & B) for residential development. Tract A (35 acres) is designed for residential single family and multi-family development. Tract B (5 acres) provides the option to develop a I 0,000 square foot church with 600 seats or a nursing home in lieu of residential dwelling units. That portion of Tract B utilized for church or nursing home development will be subtracted from the total site acreage for residential density calculations. The maximum building heights are limited to forty (40) feet and the project will provide 60% open space. Regarding the matter of timing, it should be appreciated that urban residential development is under development along the northern and eastern property boundaries. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GM?. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not density as so often misconstrued. In the case at hand, and based upon the Future Land Use Plan we have an expectation that the land will be used for urban residential purposes, and in fact the property is impacted by multi-family and single-family residential development on the north, multi-family development on the east and by an approved but as yet undeveloped commercial PUD to the south. Clearly this is expected to be part of a residential district and any form of housing, church or nursing home is therefore compatible with development objectives for the area. Traffic - The trips generated by this petition will not exceed 5 percent of the LOS "C' design capacity ~vithin the project's RDI. Furthermore, the site generated trips will not create a concurrency problem because the project trips don't lower the overall road capacity below any adopted LOS "D" standard. No roadway improvement for Santa Barbara Boulevard will be required to satisfy' level of service and concurrency requirements for future development. The proposed development will not create or excessively increase traffic congestion within the project's RDI and complies with Policies 1.3, 5.1, 5.2 and 7.3 of the TeE. Therefore, no road improvement or project phasing schedule for this development is required. Based on the above, the rezoning of this property is consistent with the County's plan for transportation relationships. Specific roadway improvements require modifications to accommodate roadway interconnection with Santa Barbara Boulevard (i.e. turn lanes and compensate right-of-way). These art: provided for in the development commitment section of the PUD. ~[nfrastructure. - The Collier County sewer and water system will be extended into the Froperty and provide these services to each development. System improvements are required to comply with provision of the County's utility ordinance which requires conveying the upon their acceptance. APR 2 8 1998 All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. Any excavation required to vacillate the project's surface water management plan will be required to obtain an excavation permit and comply with the rules of the SFWlv~. Commurd'ty Infrastructure and Services - The subject property is readily accessible to a range of community infz'as~ucture and services which is enhanced by its location on Santa Barbara Boulevard, a four-lane County arterial road. Shopping centers and various types of personal services are available at a short driving distance. St. John Neumann High ~chool, and K-12 school facilities are located in Golden Gate City approximately 2.5 miles to the north. The property lies within the Golden Gate Fire District, wherein a fire station is located at the N.E. comer of Golden Gate Parkway and Coronado Boulevard. Collier County library and emergency medical services are located within Golden Gate City. PUD Docume0t and Master Plan - PUD Document - The Bembridge PUD is obviously intended to be a residential development with the flexibility of developing a church or nursing home at the S.W. comer (Tract B). The development standards are most similar to the RMF-6 zoning district regarding setbacks, distance between structures and building heights. The PUD contains the recommendations of the reviewing staff. Master Plan - The PUD Master Plan reveals two Tracts A and B for development. Tract A is intended to be developed with residential dwelling units and Tract B is intended to be developed with residential dwelling units or have the flexibility of developing the site with a 10,000 square foot church with 600 seats or a nursing home in accordance with Section 2.6.26 of the Collier County Land Development Code. The Master Plan provides one point of intercormection with Santa Barbara Boulevard at the northern portion of the site. A shared access easement is also provided along the southern property boundary with the Shoppes at Santa Barbara PUD. This type of design is similar to many developments in Collier County and these developments have not posed any particular problem relative to access and emergency service responses. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-96-12, Bembridge as provided by the PUD Document and Master Plan that will become an exhibit to the Ordinance of Adoption. 6 APR 2 8 1998 ___.r.i:_ /,'1 - PREPARED BY: ACTI]qG CURRENT PLANNING MANAGER I~~AICP PLAN~G SERVICES D~,P'~RTMENT DIRECTOR VINCENT A. C^UTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIR. ONMENTAL SVCS. DATE DATE DATE DATE Petition Number PUD-96-12 StaffReport for March 19, 1998 CCPC meeting. COLLIER COUNTY PL~COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-96-12 STAFF REPORT/rr'a:I APR2 8 1998 /3 ___ REZONE FINDINGS PETITION PUD-96-12 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: ~,Vhether the proposed change will be consisten[ with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of thc Growth Management Plan for Collier County and all other elements, their objectives and policies. Thc urban residential FLUE designation, applicable to the property, anticipates a zoning action to any residential zoning district inclusive of PUD's so long as thc authorized density is consistent with the density rating system to the FLUE. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is currently being utilized as an active grove with citrus and vegetable production. Currently there is a farm market on-site active in seasonal sales of fresh produce. The property is zoned "A" Rural Agricultural. Surrounding: North-To the north the land is developed in part by a multi-family rental project (Santa Barbara Landings) zoned RMF-6. Also a mixed use residential project (Plantation PUD) is located to the north and east. That portion of Plantation PUD adjacent to the subject site is developed with single family house~. That portion of Santa Barbara Landings adjacent to the subject site is retained as a conservation easement. To the east lie~ Wildwood property is currently being family project. That portion of the to the subject site is undeveloped. ,roject adjacent APR g 8 1998 South-To the south the land is undeveloped and zoned "PUD" (Shoppes at Santa Barbara) and (Neapolitan Park). The Shoppes at Santa Barbara is an approved cormnercial shopping center and Neapolitan Park is an approved mixed use muIti-famiI¥ and adult congregate living facility project. West- To the west is Santa Barbara Boulevard. Further west is the BerI~Mre Lakes PUD developed with a mixed use residential and golf course community. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because d~elopment of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development support the timing relationship and justify the conversion process of agricultural to an urban resid~tial zoning district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. For all practical purposes this action Will result in expanding the boundaries of similar residential zoning districts. Residential PUD's abut the property on the north and east sides. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Flading~: Thc proposed zoning change is appropriate based on the existing conch¥.ons of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. 2 APR 2 8 1998 0 Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Currently there are contiguous existing or planned residential developments. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain an existing undeveloped environment. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected ~'pes of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of thc subject property is consistent with provisions of thc Traffic Element of thc GMP, therefore, traffic intensity should not adverscly affect thc comfort and safety of existing users on adjacent public roads (i.e. Santa Barbara Boulevard). (ii) Santa Barbara Boulevard is currently operating at a LOS "C" and is not projected to be deficient within the next five years. (iii) Urban intensification is cost effective. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, by utilizing a phased development program, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to '.he Concurrency Management system. Approval of this project will not exceed the significance test standard (5% of the LOS "C" design volume) on Santa Barbara Boulevard. APR 2 8 1998 .__j 8. Whether the proposed change will create a drainage problem; 10. 11. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall, event. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project is designed to preserve and enhance a large part of the site which will take some of surface water runoff from developed areas. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development stand,ds and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect properb' values in the adjacent area; Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results wkich may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. However, this project is obviously directed at a mixed single family and multi-family market which should benefit adjacent property. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable, n~'a~ APR 2 8 1998 4 12. 13. 14. 15. Summary Findings: The basic premise underlying ali of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is zoned "A" Rural Agricultural. To deny this petition would deprive the owner o£ any reasonable use of the property consistent with the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County: Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This site is zoned "A" Rural Agricultural. Whether or not there are other similarly zoned residential areas is irrelevant. AGE APR 2 8 1998 16. 17. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: The site will be altered to ,the stent necessary to execute thc deVelopment strategy. The impact of deVelopment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. REZONE FINDiNGS PUD-96-12/md APR 2 8 1998 FINDINGS FOR PUD PUD-96-12 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Co.n: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: Jurisdictional reviews by County staff support thc manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infxasmacmre will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of al:$roval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by thc Growth Management Plan_ e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instrnments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operr~tion and maintenance of such areas nnd facilities that are not to be provided or maintained at public expense. .~.~'"-'--'-~ /XPR ~ 8 1998 Summary Finding: Documents submitted with the application provide evidence of' unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Summary Finding;. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, and was found to be consistent with all applicable elements. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to sen'e the deve!opment. Pro/Con: Evaluation not applicable. Summary Finding: The mount of open space set aside by this project is consistent with the provisions of the Land Development Code. APR 2 8 1998 e The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence requirements is not a significant problem. finding. of development in light of concurrency See finding No. 1, also applicable for this The ability of the subject property and of surrounding areas to accommodate ezpansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wast,water disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detesmination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding; This finding essentially requires an evaluation ofthe extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-96-12/md APR 8 1998 3 COLLIER COUNTY APPLICATION FOR PUD REZONE I~_ -,-- p ,3 6'-1- 2" COORDINATING PLANNER: '~e.~.~p ~, X~.. DATE RECEIVED Applicant Name (Agent): I. Gary Butler. P.E. Butler En~neerin~ Inc. Address: 22:23 Trade Cenl~r W~y. Naples. FL 34109. Phone:566-3636 ..Fax: ;566-132"/ Property Owner (Petitioner) Name and Address: Royce O. Stallings. Jr.. ¢/o Butler En~neefin~ Inc,. 2223 Trade Center Way. Naples, FL 34109 Phone: 566-3636. Detailed Legal Description of Subject Property: Section 4_. Townskip 50S Range 26E. The NW 1/4 of lhe SW 114 of Section 4. Township 50S. Range 26E, Collier County. Florida less the westerly 60 feel; lhereof for Santa Barbara Blvd, ROW, Property Identification #: 003-99840007 Size of Property: 1256 Feet x 1396 Feel; = 40.25 Acre~ General Location of Subject Property: The EaStern side of Santa Barbara Boulevard. I/4 mile North .~fDavis Boulevard, " Adjacent Zoning and Land Use: ZONING N - KMF-6 & Plantation PUD S - Shoppes of Santa Barbara PUD & Neapolitan Park PUD E - Wildwood Estates PUD W - ~e~4~.~.l;a Barbara Blvd. ROW & Bed:~hjre Lakes PUD LAND USE Multi-Family and Single-Famil~ V{~e,.ant-Approvecl for Corem, & M/F Vac.~nt-Approved for Comm_~ Gott'Course & Multi-Family Existing Zoning: ~Agricultural Propo~..xxl Land Use or Range of Uses: PUD for multi-family units with poss~le church or_ adult living facility_ on u_~ to $.25 acres oflhe site. APR 2 8 1998 Does Property Owner own contiguous property to the subject complete legal description of the entire contiguous property:. No. property: If so, give Has a public hearing for a rezone been held on this property within the past 12 months? Ii' yes, please write the rezone application number. No~ Is this property currently vacant? Sign~ etitioner Ng, If the answer is no please describe the current Orange grove and fresh produce mark¢~, Date * If )etitioner is a corporation other than a public corporations, so indicate and name o~cers and major stockholders. * If petitioner is a land trust, so indica, te and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entitiy, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if' not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. APR ~ 8 199_8 LETTER OF AUTHORIZATION DATE: August 1, 1996 PROJECT: BEMBRIDGE PUD NW ',4 OF SW ',4, SECTION 4, TOWNSHIP 50 S, KANGE 26 E To Whom It May Concern: Plea.se b¢ ~lvised that Butl~ Engineering, Inc. has been o~dally engaged to a~t ~ agent in the rezone process for the ~abject proj~'t. Signed in th~ presenc~ of': The foregoing in.emanent w~ ~cnowtedged before m~ by~c,t/(4 e- ~'. is personally known to me and did not take sn oath. Notary Public "OFI=ICIAL SEAL* APR 2 8 199( J BUTLER engineering, inc. March 23, 1998 Mr. Bri~ lvfilk Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Bembridge PUD - Royce O. Stallings Revocable Trust (rev 12/2/97) D~ar Bdm% This letter serves as confirmation that Royce O. Stallings is the grantor, trustee and sole ~ of the trust (copy attached) owning the subject property. Mr. Starling's assets are held in a revocable trust, which will be distributed to others in the went of his death. The trust names a chain of trustees and future beneficiarys, along with specific directions for disbursement, following the grantor's death. I trust that this letter and attached copy will answer the planning commission's questions. Sincerely, 3. 6 ~ufl~'PE WlTKESSETH, Themld4nm, em~,w~MMln,~i.: ;c,. ~-~- 3~; 31: ATT~LnI' AT LAW .Tel= APR 2 8 1995 , "F-27 _ HOOVER PLANNING SHOPPE Rewnings, PUD's, Site Planning, Affordable Hsg., Traffic Impact Studies Conditional Uses, ROW' Taldng$ & Variances (~n Collier & Lee Counties) July 27, 1996 Mr. Bryan Milk Collier County Current Planning 2800 N. Horseshoe.Drive Naples, FL 34104 RE: Initial Submittal ofthe Bembridge PUD Application Dear Mr. l',falk: The subject property is 40.25 acres in size and is located on the Eastern side of Santa Barbara Boulevard, approximately 1/4 mile north of Davis Boulevard. Currently, this acreage is being utilized as an orange grove and a fresh produce stand under Agricultural rezoning. The site is proposed for a moderate density multi-family project of 7 units/acre with numerous recreational facilities.' ^ $ to 5.25 acre section, (Tract B) located at the very south:west corner of the project, is also proposed for 2 possible alternative uses: a church facility with up to I 0,000 squ~e feet of' buildings or a nursing home with up to 26 beds per acre. If the. entire site is developed as a residential project a maximum of 281 residential units would be constructed. : To ensure that the proposed project will be an ae~daetic, high quality development that will be aa asset to the Greater Naples Area our PUD Documem requires strict developmental standards, which include: 1) A common architectural theme and use of colors for all buildings, signage, and street$cape materials within the entire PUD. 2) A minimum seventy Coot setback for structures along Santa Barbara Blvd. 3) If any 3 story structures are con.,,-tructed on the site, they would be setback a minimma of 150 feet from Saata Barbara Blvd. and 300 feet from the Northern PUD boundary, where it abuts the Plantation PUD. 4) Any clmrch or nursing home would only be constructed in Tract B, which is adjacent to the Commercial Activity Center and Sam Barbara Blvd. 5) A substantial minimum floor area-has been provided for each type ofuak. Imporumt in the review of any rezoni~ application is a determination of compatibility map). To the North and Northwest is a natural preserve area about 400 feet. m aeC.. u~. is located on the southern part of the Saata Barbara ~. Sama Barbara Landings ts a multi-family project developed ~t a demiiy of about 6 uigts/~:re. To the Northeast is the Plantation PUD with a dugie,-fatm'ly and multi-f~m'h] mix of traits. Their ~ dem/ty is Mr. Bryan Milk July 27, 1996 Page 2 is approved for commercial uses and residential units al It units/acre. Abutting to the South and Southwest is the Santa Barbara PUD which is approved for commercial uses. It should be noted that the Neapolitan Park PUD and Santa Barbara PUD are within the Activity Center. Santa Barbara Blvd. is adjacent to th~ West and further to the West is the Counu3~side PLfD. The Countryside PUD, in thc immediate vicinity of the subject prol:~-a-y, is developed primarily with a golf course and lakes adjacent to Sama Barbara Blvd., and multi-family units further to the West. All ofthe properties descn'bed above are within the Residential Density Band around the Activity Center at Santa Barbara Blvd. and Davis Blvd. Inlersecdon. In my opinion as a professional land planner the proposed PUD is easily compatible with surrotmding densities and land uses. To the Northeast the proposed project does abut rear of 6 single-family homes within the Plantation PUD. However since that PUD also has multi-family units developed in tracts at 12 units/acre and we would be adding a 2nd buffer between the projects, our project will be compatible with those homes. If the County stair members have any .suggestions on improving this project feel welcome to contact Gary Buffer. at 566-3636 or me at 594,-8262. Sincerely, HOOVER PLANNING SHOPPE W'dliam L. Hoover, AICP Enclosure File #121-A.20 APR 2 8 1998 .. -__J 2 3 4 ? ~0 ~.2 ~.3 ~.0 2'7 3O 3~. 32 36 3'7 3~ 3~ 40 ~2 ~3 ORDINANCE ::O. 98- AN O~.DINANCE ~.MENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIO~:$ FOR THE UNINCORPOP~ATED AREA OF COLLIER COUNTY, FLORIDA BY A~.ENDING THE OFFICIAL ZONING ATLAS :~-~P NUMBER 0604S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM 'A~ TO "PUD" P~.~%NNED UNIT DEVELOPMENT KNOWN AS B-2MBRiDGE PUD FOR A RESIDENTIAL DEVELOPMENT, I:~CLUDING A CHURCH FACILITY OR A ~URSING HOME ON TPJ%CT "B", FOR PROPERTY LOCATED ON THE EAST SiDE OF SANTA BARBAPA BOULEVARD, APPROXIFATELY h MILE NORTH OF DAVIS BOULEVARD, FURTHER DESCRIBED AS THE NORTHWEST h OF THE SOUTHWEST 1/4, IN SECTION 4, TOWNSHIP 50 SOUTH, PANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.82 ACRES; A:;D BY PROVi~i'JG AN EFFECTIVE DATE. WHEREAS, J. Gary Butler, P.E. of Butler Engmneering, inc., representing Rcyce O. Stallings, Jr., petitioned the Board of County Cor~i$$moners to change the zoning classification of the hereln ~escr%Zea real property; NOW, THEREFORE BE iT ORDAINED ~y the Board of County Co~s$ioner$ cf Collier County, Florida: SECTION The zcnmng classmficaticn of the herein described real property located in Section 4, Township 50 South, ~ange 26 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Bembridge PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0604S, as de$cr~Ded 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. ,APR ?-, 8 1998 4 ? 9 10 12 ].3 14 I? 19 20 21 22 23 24 26 PASSED AND DULY ADOPTED by the Board of County Co,"r~issioners of Collier County, Florida, this ~ day of , 1998. BOARD OF COUNTY COMHISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Mar5 oclie M~ Assistant County Attorney rOO-g&-12 CRDIRAJ~C£/ APR 2 8 1998 BEMBRIDGE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ROYCE O. STALLINGS, JR. C/O BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 34109 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 and J. GARY BUTLER, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 34109 DATE REVISED DATE RE~qEVVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER March 9. APR 2 8 1998 TABLE'OF CONTENTS TABLE OF CONTENTS UST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION Iii SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION DEVELOPMENT REQUIREMENTS DEVELOPMENT STANDARDS DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4-6 7-11 12- 14 APR 2 8 1998 EXHIBIT A EXHIBIT B EXHtBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN/WATER MANAGEMENT PLAN VICINITY MAP SERVICES AND SHOPPING FACIUTIES MAP AERIAL PHOTOGRAPH/FLUCCS MAP SOILS MAP TOPOGRAPHIC MAP /~PR ~ 8 1998 STATEMENT OF COMPLIANCE The development of approximately 39.82 acres of property in Collier County, as a Planned Unit Development to be known as Bembddge PUD will be in compliance with the planning goals and obiectives of Collier County as set forth in the Collier County Growth Management Plan. The residential amd possible quasi-residential facilities of the Bembridge PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning obiectives for the following reasons: 1. The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities a~d services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy ,~.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features amd natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 7.0 dwelling units per acre is in compliance with the Future Land UsE Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Residential Density Band Maximum Permitted Density +4 dwelling units/acre dwelling units/acre dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Ccde. ! APR 2 8 1998 ,,, ._. SECTION I - PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the proiect name of Bembridge PUD. 1.2 LEGAL DESCRIPTION The subject property being 39.82 acres, and located in Section 4, Township 50 South, and Range 26 East, is described as: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, less the Westedy 60 feet thereof for Santa Barbara Boulevard right-of- way, of Collier County, Fiodda, less the Southerly 30 feet of the Westerly 597.24 feet thereof for a proposed future joint access way. 1.3 PROP..ERTY OWNERSHIP The subject property is owned by: Royce O. Stallings, Jr. CIO Butler Engineering, Inc. 2223 Trade Center Way Naples, Flodda 34109 1.4 GENERAL DESCRIPTION OF PROPERTY AREA. The subject property is located on the eastern side of Santa Barbara Boulevard, 1/4 mile north of Davis BoulevaJ'd (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to bo rezoned to PUD. APR 2 8 1998 1.5 1.6 1.7 PHYSICAL DESCRIPTION The project site is located within the Lely Canal sub-basin. Runoff from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around Royal Wood to a canal which is tied to the Lely Canal. The current permitted pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and runoff attenuation to pre-development rates. Elevations within the project area range from 9.5 to 10.5 NGVD. The site is within Flood Zone 'X" per FIRM panel 120067 0415. The Collier County soils maps describe the site as Boca fine sand and Pineda fine sand. The site is currently in citrus production. PROJECT DESCRIPTION The Bembridge PUD is a residential project with a maximum of 279 dwelling units. Depending on market conditions, a nursing home or a church with up to 10,000 square feet and 600 seats may be constructed on tract B (5 acres). That area utilized shall be subtracted from the gross project area for the purposes of computing density. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the 'Bembridge Planned Unit Development Ordinance'. APR 2 8 1998 SECTION I! - DEVELOPMENT REQUIREMENTS 2.1 PURPOSE~ The purpose of this Section is to delineate and generally describe the proiect plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other proiect relationships. 2.2 GENERAL A. Regulations for development of Bembridge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards, the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed 'and graphic material presented depicting restrictions for the development of Bembddge shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specificaJly 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. E. Development permitted by the approval of this petition, will be subject to a concurrency review under the provisions of Division 3.15 Adbquate Public Facilities of the Collier County Land Development Code, at the earliest, or next to occur of either, Final Site Development F~an approval, Final Plat approval, or building permit issuance applicable to this development. APR 2, 8 1998 2.3 2.4 2.5 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. General configuration of the land uses is illustrated graphicaJly 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. C. In addition to the various areas and specific items shown in Exhibit 'A', easements such as (utility, private, semi-public, etc.) shaJl be established within or along the tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 279 dwelling units shall be constructed in the residential portion of the project area. If a nursing home or church is constructed in Tract B, that area utilized (up to 5.0 acres in size) shall be subtracted from the gross project area for the purposes of computing density. The gross project area is 39.82 acres. The gross project density shall be a maximum of 7.0 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology'for' providing perpetuaJ maintenance of common facilities. APR 2 8 1998 2.6 2.7 MODEL UNITS AND SALES FACILITIES~ A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33 of the Collier County Land Development Code. B. Temporary sales trailers/modular offices can be placed on the site after Preliminary Site Development Plan approval and prior to the recording of plats subject to the other requirements of Section 2.6.33 of the Land Development Code. PP, OVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is aJso hereby permitted subject to the following conditions. Ao Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code sha]l apply. Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approval of the Commercial Excavation Permit. 2.8 AMENDMENTS TO PUD DOCU. MENT OR PUD MASTER PLAN Ame~ldments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. APR 2 8 1998 SECTION I!1 - DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Tracts A and B as shown on Exhibit 'A', PUD Master Plan. 3.2 MAXIMUM DWELUNG UNITS. The maximum number of residential dwelling units within the PUD shall be 279 units. 3.3 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 fo, owing: AD Permitted Principal Uses and Structures; 1. One-family and two-family dwellings ownership). (on land under common 2. Townhouse dwellings. 3. Garden apartment dwellings. o Multi-family dwellings. Group care facilities (group I or II) or nursing homes within Tract 'B' shall be subject to Section 2.6.26 of the Land Development Code. Churches within Tract 'B" only and limited to a maximum of 10,000 square feet and a maximum of 600 seats. Interim agriculturaJ and related uses, up until the time construction commences for the residential uses. Any other uses deemed comparable in nature by the Planning Services Manager. APR 2 8 1998 B. permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, children's' plaY9round areas, tot 1ors, boat docks, walking paths, picnic areas, recreation buildings/clubh°uses' and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales facilities and model units/homes. 4. Water management facilities and lakes. 5. Essential services, including interim and permanent utility and maintenance facilities. 3.4 6. Gatehouse. 7. Parsonage in Tract "B", and in conjunction with a church only. 8. Any other accessory use deemed comparable in nature by the Ptanning Services Manager. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Principal structures: (a) Yards Along Santa Barbara Boulevard - Seventy (70) feet for one (1) and t~'o (2) stow structures and one hundred fifty (150) feet for three (3) stow structures. (b) Yards Along the Northern PUD Boundaries - Twenty-five (25) feet for one (1} stow structures, forty (40) feet for two (2) stow structures, and three hundred (300) feet for three (3) stow structures. (c) Yards Along the Eastern and Southern PUD Boundaries - Twenty-five (25) feet. APR g 8 1998 (d) Yards Along the Boundary between Tracts 'A' and 'B' - Fifteen (15) feet for residential units and one (1) foot for each foot of height for any nursing homes or church facilities developed on Tract 'B'. Not applicable if Tract B is utilized for residential units. (e) Yards from on-site lakes - Twenty (20) feet. Yards for internal tracts resulting from subdivision of the PUD: Front - 30 feet or I/2 the building height Side - 20 feet Rear - 20 feet 2. Accessory Structures: (a) Carports and garages. (b) Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. B. Distance Between Principal Structure,s:. 1. Between one (1) story structures - Ten (10) feet. 2. Between one (1) story and two (2) story structures - Fifteen (15) feet. 3. Between one (1) story and three (3) story structures - Twenty (20) feet. 4. Between two (2) story structures - Twenty (20) feet. 5. Between two (2) story and three (3) story structures - Twenty-five (25) feet. 6. Between three (3) story structures - Thirty (30) feet. ~ C. Minimum Floor Area {residential units): 1. One bedroom units - Six hundred (600) square feet. o Two bedroom units - Eight hundred fifty (850) square feet. Three bedroom units - Eleven hundred (1100) square f, !et. "°' ~ APR 2 8 1998 4. Four bedroom units - Fifteen hundred (1350) square feet. D. Maximum Heiciht_: Forty (40) feet or three (3) stodes, whichever is the most restrictive. Church steeples and crosses may exceed this height limit. E. Off-Street P~rking and Loadinq Requirements:. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Fo _Open Space Requirements; A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code. G. Landscapin,q and Bufferincl Requirements~ A Type 'B' buffer (LDC 2.4) shall be provided along the Northern, Eastern and Southern PUD Boundaries exclusive of the area abutting the natural preserve area of the Santa Barbara Landings development where no buffer shall be required. A Type 'D' buffer (LDC 2.4) shall be provided along Santa Barbara Boulevard. Internal buffers for tracts resulting from the subdivision of the PUD shall be in accordance with Division 2.4 of the Collier County Land Development Code. H. Architectural Standards All buildings, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified arbhitectural theme shall include: a similar architectural design and use of similar mata'ials and colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel. Landscaping and streetscape materials shall also be similar in design throughout the subject site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. l0 APR 2 8 1998 Signs Signs shall be permitted as allowed within Division 2.5 of the Collier County Land Development Code. Signage shall also meet the architectural standards further described in Section 3.4H. of this PUD Document. 11 .~~ APR g 8 1998 SECTION IV - DEVELOPMENT COMMITMENTS 4.1 PURPOSE_ The purpose of this Section is to set forth the commitments for the development o! this proiect. 4.2 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 regutations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Deve!opment 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 agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 43 4.4 PU.__D_D MASTER PLAN A. 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. B. 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. SCHED~ULE OF DEVELOPMENT/MONITORING REPORT.. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. APR ~ 8 1998 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitodn,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A~ This project shall be required to meet all County Ordinances in effect at the time final construction documents ere submitted for development approval. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. 4.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) permit shall be provided prior to the issuance of any excavation permits. 4.7 UTILITIES A. Availability letters and construction plan approval from Collier County Utilities shall be provided prior to Final Subdivision Plat or Site Development Plan spprovaJ. 4.8 TRAFFIC A. The developer shall install artedal level street lighting at all project access points prior to the granting of any Certificates of Occupancy for the project. The developer agrees to dedicate an additional forty feet of Right-of-Way aJong Santa Barbara Boulevard within 120 days of written request by the County in fair exchange for transportation impact fee credits at the current market value excluding any increase in value due to the approval.of change in zoning classification, subject to approval of the Board of County Commissioners in conjunction with the execution of a Developer Contribution AgreemenL Access, including a median opening in Santa Barbara Boulevard, shall be consistent with the County's Access Management Policy then in effect at such time as this zoning is granted. The County reserves the dght to control 13 APR 2 8 1998 4.9 4.10 access, including median modifications, as may be necessary to preserve safe operational conditions and to preserve roadway capacity. D. Substantial competent evidence shall be provided by the developer to the effect that the proiect is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. This may be accomplished by the submission of a routing analysis and routing capacity study. The developer shall be responsible for a 'fair share" contribution towards the cost of any traffic signal upgrades necessitated by this project at the following intersections Services: Santa Barbara Boulevard / Davis Boulevard Santa Barbara Boulevard / Radio Road In addition, the developer shall provide a "fair share" contribution for any traffic signal system found to be warranted in the future at any project entrance. Any such signal shall be owned, operated and maintained by the County. It shall be the County's sole determination as to whether any such signal is warranted. Interconnection with adjacent parcels is not applicable, with the exception of an existing joint access agreement with the Santa Barbara Shoppes PUD and the Neapolitan Park PUD. 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, ail development within the minimum area necessary to protect the discovery shaJl be immediately stopped and the Col;ier County Code Enforcement Department contacted. ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be 14 APR 2 8 1998 kC, TRACT A RESIDENTIAL AREA OP nO~AL CHURCH o~ ISO TyF,,C e BiJ~r'r~ rRACT A RE$1DEH hAL AREA [RAC ~' A RESlDEN hAL AREA N W E $ 0 3OO EXHIBIT A - MASTER PLAN APR 2 8 1998 I RADI( ROAD (C.R. 856) GREEN HERON LEAWOOD .LAKES IV 0 0 BRETONNE BERKSHIRE PARK LAKES 5 PR [CT --> DA,,4S B(-;~:JL[VARD Exl (";" ';':) i ] 0 h- Z Z 0 _I:'AUJNO WATERS ISLAND PINES GARDEN j-' Z Z 0 TWELVE LAKES 4 x bJ SHOPPES AT SANTA BARBARA SHAMROCK COUNTRY CLUB t s t Xt If/fl I t~ I (.)(.'A lION MA/' SERVICES AND EXHIBIT "C" SHOPPING FA CILI TIES MAP N 0 .5 I Mile I P,ne R,dqe Rd ....... Rodio Rd g Oov, s O!,~__ .................... K I0 SHOPPING FACILI TIES = Ridge Port Plozo = Pine Ridge Crossing = Cor;llo~ Ploce = SOhiO OOtbOrO = IOII~OIC Cotnn)crc~o~ Cro$$roods Morkct I0 ~ Kinq's COVERNMEN TAL FACILI TIES O ~ r,re Deportment I f;oldcn Cote I fh~ldcn t;ote M,d~l :~t Joh~t N~umOn I = C~li~ County Colden Cote Cornmunity Pork Colden Cote Librofy Emergency Medic ,! cntory ~cDoot t~ ~cho01 , ,,~p~,8', 1998 ~rnmcnt C~P i.:X 11 ! lilT "1)" i" = ZOO' NORTI! E BOCA F.S. 14 PIN£DA £.$. BOCA F.S. -- ~$ 657.24 __ ,~8 5 ,~ ' 5 ,~ ' [,'XI'tlI.~I I i:'51.111 h; MAt~ 0.4 10.2' /..-XltlBlr I-1'OPOGNAf'III(? A'IA!~ EXECUTIVE SUMMARY PETITION NO. PUD-87-40(3), DOUGLAS A. WOOD OF SIEBKY, PILON & WOOD REPRESENTING FALLING WATERS BEACH RESORT, LIMITED, REQUESTING AN AMENDMENT TO AMEND THE WOODFIELD LAKES PUD FOR THE PURPOSE OF CHANGING THE NAME OF THE PUD; TO DELETE A STIPULATION REQUIRING AN ACCESS ROAD FROM THE PROJECT TO U.S. 41 EAST (TAMIAMI TRAIL EAST) AND TO REZONE 2.5 ACRES FROM 'A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT AND TO INCORPORATE SAME INTO THE RENAMED PUD FOR PROPERTY LOCATED EAST OF C.R 951 AND ON THE NORTH SIDE OF U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 69.32 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks to amend the current Woodfield Lakes Partnership PUD by replacing same with a new PUD retitled Falling Waters Beach Resort Limited through the action of a "PUD to PUD" Planned Uni. t Development rezoning action, to rezone two (2.02) acres of land more or less from "A' Rural Agricultural to "PUD" Planned Unit Development and attach same to the Falling Waters Beach Resort Limited P:.;D aad to delete a prov~sio, f'tm, the current Development Order requiring a second ingress/egress poim on the E. Tamiami Trail, CONSIDERA'IIONS: The Woodfield Lakes Partnership, now to be known as Falling Waters Beach Resort Ltd., is located on the east side of CR-951 just north of the intersection of CR-951 and the Tamiami Trail East. This amendment is intended to: add a 2.02 acre parcel of land fronting on the E. Tamiami Trail, contiguous to the current PUD boundary to serve as a recreation amenities site for residents within the PUD; to eliminate a development stipulation requiring a second access road to E. Tamiami Trail/U.S. 41 E; to rename the PUD Falling Waters Beach Resort Ltd.; and to amend the legal description to reflect the aforementioned additional 2.02 acres of land. The original Woodfield Lakes PUD was approved on November 8, 1988. It authorized four hundred and fifty-one (451) mixed dwelling units. On October 19, 1992 the PUD was re-approved for a total of four hundred and fifty-one (45 l) dwelling units. Subsequently a Site Development Plan was approved (SDP-95-150) and construction activities are currently on-going. The requirement to establish, at some unspecified furore date, a second entrance fi.om U.S. 41 EJE. Tamiami Trail was introduced into the most current approval together with a provision that an entrance gate not be allowed restricting public access, even thoug)~ the streets remain private. Given existing approved development orders, and substantial commencement of authorized land uses the only issue that should be considered relative to the revised PUD is the matter of the petitioner's request to delete the requirement for a second access point to and from U.S. 41 EJE. Tamiami Trail~ and the rezoning of an additional 2.02 acres of land to be added to the curren P~ Interestingly, the added portion of land does provide an opportunity to bring to fruit on the llPR 2 8 1 to develop a second entrance. However, had this petition not been made, it is not clear how the second access provision would ever have been accomplished. The elimination of the requirement to have road access to U.S.41 EYE. Tamiami Trail in view of the fact that Woodfield Lakes proposes to be a gated community does not do measurable harm to the residents, however, the added property does provide an opportunity to require an emergency vehicular access connection, and this requirement could serve as an alternative to a full roadway access connection. The Collier County Planning Commission reviewed this petition on March $, 1995 and unanimously recommended its approval to the Board of Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. Representations were made for and against eliminating the provision for a second entrance. FISCAL IMPACT: This petition by ,and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will rev.,It Jn a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban designated area which provides for residential development. The existing PUD is vested from any further consistency consideration given the level of development order approvals granted to the land area which makes up the current Woodfield Lakes Pannership PUD. No additional density is requested for the 2.02 acres to be added to the existing PUD. The use of this property is limited to recreational uses which is consistent with the urban residential classification, and, is therefore consistent with the FLUE to the GMP. Inasmuch as the use of the added property is accessory to principal uses (i.e. residences) there will be no additional impact on level of service relationships. Appropriate stipulations to be included in the PUD will ensure that Land Development Code requirements will be made applicable to the development of the subject property, particularly as this relates to native vegetation retention. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area archaeological probability as referenced on the oftieial Collier County Probability ~ Historical/Archaeological Survey and Assessment is required. 2 nf historical and ..~ENDA ITEM APR 2 8 1998 PLANNING COMbIISSION RECOMMENDATION: The Collier County Planning Commission recommend approval of Petition PUD-g740(3) having the effect of repealing and readopting the Woodfield Lakes PUD, together with rezoning 2.02 acres of land and adding same to the Falling Waters Beach Resort PUD as renamed as described by the Ordinance of Adoption and Exhibit thereto (PUD Document and Master Plan). PARE Y: RONALD ACTING CURRENT PLANNING MANAGER DATE REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. P.N/den/h:EX SUMMARY/PUD47-40(3) 3 APR 8 1998 AGENDA ITEM 7-I MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMIS~;ION COMMUNITY DEVELOPMENT SERVICES ,DMSION FEBRUARY 19, 1998 PETITION NO: PUD-87-40(3), FALLING WATERS BEACH RESORT LTD. (A.K.A. WOODFIELD LAKES pARTNEI;LSHI~P) OWNER/AGENT: Agent: Owner: Douglas A. Wood Siesky, Pilon & Wood 1000 Tamiami Trail N., Suite 201 Naples, Florida 34102 Falling Water Beach Resort Limited 7200 Davis Blvd. Naples, Florida 34112 (Messrs. Samuel, Harrison & Albert Hubschman and Teryl Brzeski) REOUESTED ACTION'. This petition seeks to amend the current Woodfield Lakes Parmership PUD by replacing same with a new PUD retitled Failing Waters Beach Re~ort Limited through the action of a "PUD to PUD" Planned Unit Development rezoning action and to rezone two (2.02) acres of land more or less from "A" Rural Agricultural to "PUD" Planned Unit Development and attach same to the Falling Waters Beach Resort Limited PUD. GEOGRAPHIC LOCATION.:. The Woodfield Lakes Partnership now to be known as Falling Waters Beach Resort LTD. is located on the east side of CR-951 just north of the intersection of CR-951 and the Tamiami Trail East. (See location map following page.) PURPOSE~ESC~P~ON OF PROJECT; This amendmcat is intended to add a 2.02 acre parcel of land fronting on the contiguous to the current PUD boundary to serve aa a recreation am~-nities site I br residents within APR28 1998 the PUD; to eliminate a development stipulation requiring a second access road to E. Tamiami Trail/U.S. 41 E; to rename the PUD Falling Waters Beach Resort LTD., and to amend the legal description to add an additional 2.02 acres of' land. SURROUNDING LAND USE AND ZONING'., Relative to that part of the existing PUD which is actively under development no additional impact will be created on properties adjacent the existing PUD bound~u'ies by replacing the PUD through a new rezoning action. ' With respect to the added 2.02 acres the following adjacent land use relationships exists. Surrounding: North - To the north the property is contiguous to the existing Woodfield Lakes to which the subject property will be now become an integral part thereof. The property is zoned "PUD" Planned Unit Development and is currently under development as a multiple family project. South - To the east the land is undeveloped and zoned "A" Rural Agricultural. To the south lies U.S. 41 EriE. Tamiami Trail ROW and undeveloped land which is zoned "A" Rural Agricultural. West - To the west the land is undeveloped and zoned "A" Rural Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located within the Urban designated area which provides for residential development. The existing PUD is vested from any further consistency consideration given the level of development order approvals granted to the land area which makes up the current Woodfield Lakes Partnership PUD. No additional density is requested for the 2.02 acres to be added to the existing PUD. The use of this property is limited to recreational uses which is consistent with the urban residential classification, and, is therefore consistent with the FLUE to the GMP. Inasmuch as the use of the added property is accessory to principal uses (i.e. residences) there will be no additional impact on level of service relationships. Appropriate stipulations to be included in the PUD will ensure that Land Development Code requirements will be-- ,,,,_.._..made at~lieable to the development of the subject property, particularly az fi'ds relates to native vegeta~on [m~~ [ ~PR281998 ............................ L_ ...... II ............. ...i ........................................ [ HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is requi~'ed. EVALUATION FOR EN'VIRONMENTAL, TRANSPORT.ATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff ~:esponsible for oversight related to the above referenced areas of critical concern. Tkis primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was administratively reviewed on behalf of the EAB. Recommendations are included in the Development commitments section of the PUD that pertain to those jurisdictional staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ANALYSIS: To the greater extent this is a PUD amendment even though the process is one of rezoning the land from "PUD to PUD". Of the total area of the PUD of 76.39 acres, only 2.02 acres is technically a rezoning action. When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience as it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For tkis reason, staffis of the opinion that the required fundings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezone& the decision to approve the Woodfield Lakes Partnership PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. On the other hand staff completed a comprehensive evaluation of that portion of this petition which involves the 2.02 acres, and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiting staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the PIarming Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. Thc~e evaluations are completed as separate documents and are attached to the staff report. The original Woodfield Lakes PUD was approved on November 8, 1988. It auth~ and fifty-one (451) mixed dwelling units. On October 19, 1992 the PUD was re- AGENDA ITEM ,rize. d~ fo~.r~d ~pproved' f0Y-a"l~al APR P~ 8 1998 of four hundred and fifty-one (451) dwelling units. Subsequently a Site Development Plan was approved (SDP-95-150) and construction activities are currently on-going. The requirement to establish at some unspecified future date a second entrance from U.S. 41 EJE. Tamiami Trail was introduced into the most current approval together with a provision that an entrance gate not be allowed restricting public access even though the streets rem:iin private. In the opinion of staff, given existing approved development orders, and substantial commencement of authorized land uses the only issue that should be conside~d relative to the revised PUD is the matter of the petitioners request to delete the requirement for a~second access point to and from U.S. 41 E./E. Tamiami Trail, and the rezoning of an additional 2.02 acres of land to be added to the current PUD boundary. Interestingly, the added portion of land does provide an opportunity to bring to fruition the stipulation to develop a second entrance, however, had this petition not been made it is not clear how the second access provision would ever have been accomplished. Within Collier County there are developments with a greater number of dwelling units accessed by one roadway connection to the County's public highway system than is represented by Woodfield Lakes. However, it is certainly desirable that access be available to additional public highways when readily available so that traffic to and fi'om a residential project has alternative ingress and egress opportunities. It is also understandable that in a gated community every attempt is made to limit the number of gated facilities required to provide the desired level of security. Staff is of the opinion that the elimination of the requirement to have road access to U.S. 41 E./E. famiami Trail in view of the fact that Woodfield Lakes is a gated community does not do measurable harm to the residents, however, the added property does provide an opportunity to require an emergency vehicular access connection, and this requirement should serve as an alternative to a full roadway access connection. Relative to assigning a recreational use to the added property by virtue of demonstrating the same on the revised Master Plan, and incorporating same into the PUD zoning district, staff strongly supports the rezoning to accomplish this. In view of the nature of adjacent land which is undeveloped, no issue of compatibility exists. As indicated the added 2.02 acres does nothing to increase the density, but merely provides for additional recreation amenities. The change in the name of the PUD and adjusting the legal description to include an additional 2.02 acres is of no consequence. STAFF RECOMMENDATION; That the Colli~ County Planning Commission recommend approval of Petition PUD-8740(3) having the effect of repealing and readopting the Woodfield Lakes PUD, together with re'zoning 2.02 acres of land and adding some to the Falling Waters Beach Resort PUD as renamed as described by the Ordinance of Adoption and Exhibit thereto (PUD Document and Master Plan). 4 AG ~: ~.A~ ~ ~0. ~ APR 2 8 1998 ~~ v. ~,io, AICP CHIEF PLANNER REVIEWED BY: RO~ERTZJ. ~~KE, AICP VO~ALV w. ~,~o~.v, ~c? ?~A5,c,,2o s~v~c~s v~~~ v~c~o~ ~CE~ A. CAIRO, ~CP, ~~S~TOR CO~~ DEV. ~ ~O~~ SVCS. DATE Petition Number PUD-87-40(3) StaffRcport for March 5, 1998 CCPC meeting. SION: MICHAEL A. DAVIS, CHAIRMAN PUD-87-.40(3) STAFF REPORT/md FINDINGS FOR PUD PUD-87-40(3) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master 'Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed la relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Findlns: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions ~ntained in the PUD document give assurance that all infxastruc~e will be developed consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by st;lff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaffReport. e The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Finding: Thc PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, etc.). External relationships are automatically regulated by the L ,,~4 13erwlr~rwnent Code to assure harmonious relationships between projects. APR 2 8 1998 ............... L .................. J ................................................. _LL ......... II .......! The adequacy of usable open space areas in existence and as proposed to serve the development. Findine: The amount of open space set aside by this project is consistent with provisions of the Land Development Code. ; The timing or sequence of development for the l~urpose of assuring the adequacy of available improvements and facilities, both publio, and private. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. Sewer and water utilities are available trough the existing PUD to which this property will attach. The ability of the subject property and of surrounding areas to' accommodate expansion. Findine: The property will be aggregated with an existing PUD without adversely affecting any adjacent property. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findine: The additional land to be attached to the existing PUD will not cause existing PUD development standards to change. A limited use is to be made of the added land area which will serve the recreation needs of the residents. PUD FINDINGS PUD-g7-40(3ymd 2 APR 2 8 1998 REZONE FINDINGS PETITION PUD-S7-40(3) Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: , ! 1. Whether the proposed change will be consistent with the goals, objectives, and policie~ and Future L-nd Use m-p -nd the elements of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary Findings.' The proposed development is in compliance with the Future land Us~'"Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. The existing land use pattern; Pro/Con'._ Existing: Evaluation not applicable. Relative to that part of the existing PUD which is actively under development no additional impact will be created on properties adjacent the existing PUD boundaries by replacing the PUD through a new rezoning action. Surrounding: North - With respect to the added 2.02 acres the following adjacent land use relationships exists. To the north the property is contiguotm to the existing Woodfield Lakes to which the subject property will be now become an integral part thereof. The property is zoned "PUD" Planned Unit Development and is currently under development as a multiple family project To the east the land is undevelop~ ana,~ Rural Agricultural. APR281998 l _. South - To the south lies U.S. 41 EYE. Tamiami Trail ROW and undeveloped land which is zoned "A" Rural Agricultural. West - To the west the land is undeveloped and zoned "A" Rural Agricultural. The possible creation of an isolated district u~related to adjacent and nearby districts; pro/Con: Evaluation not applicable. Summary' Findings; When integrated with the adjacent PUD the parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, support the timing relationship and justify the revisiting the PUD and mending its development strategy. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn, particularly given the fact that the property is being attached to an existing PUD. Whether changed or changing conditions make the passage of the proposed amendment necessary; Pro/Con; Evaluation not applicable. Summary Findin_es; The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. e Whether the proposed change ~vill adversely influence living conditions in the neighborhood; Pro'., (i) The subject 2.02 acres will only be used for accessory recreational amenities for residents of the PUD to which it Con: (i) None. 2 Summary Findines: The proposed change will not adversely influence living con'ditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicula~traffic, including activity during construction phases of the development, or othervdse affect public safety; Pro,.'. (i) The use of the subiect property will not have any traffic impact inasmuch as its use is limited to serving project residents. Con: (i) None. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro/Con: Development of the properts' will have surface drainage integrated into the PUD's lake system wkich may be an improvement over existing conditions. The extent to which imperious surface improvements are made to the property may affect surface water impacts on adjoining property under conditions of inordinate rainfalls. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con'.. Evaluation not applicable. Summary Findinesl All projects in Collier County are subject to standards that are unique to the zoning district in which it is located. T1 standards and others apply generally and equally to all zoning district: 3 .ese d~cflSp-~d~t requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro___2.' (i) Development of the subject property with recreational amenities should have no adverse impact on values of ~jacent property. Con'., (i) None. Summary FindinEs: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value deten'nination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. Summar',' Findin£s: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. 13. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Flndints: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they arc consistent with said Comprehensive Plan. In light of this fact thc proposed change docs not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans arc in the public interest. 'O~nether there are substnnflal reasons why the property accordance with existing zoning; Pro/Con: Evaluation not applicable. 4 APR 2 8 1998 Summary Findines'. The subject property is zoned "A" Rural Agricultural. To deny the property owner a use of the property consistent with the FLUE is unreasonable. 14. Whether the change suggested is out of scale w!th the needs of the neighborhood or the County; ' Pro/Con'.. Evaluation not applicable. , Summary Findines: The proposed development corhplies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. 16. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary lqndines: This site is zoned "A" Rural Agricultural. Whether or not there are other similarly zoned residential areas is irrelevant. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification; Pro/Con; Evaluation not applicable. Summary, Fin, dines: The site will be altered to the extent necessary to execute the development strategy. 17. The impact of development on the availability of adequate public facilities and service~ consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended; Pro/i.C..q~-' Evaluation not applicable. ~ummary Finding: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: ~MP as used herein means the Collier County Growth Management PI: ]~IE means the Future Land Use Element of the GMP. REZONE FINDINGS 5 APR 8 1998 p~T~ON NUHBER Name of Applicant(s) _ , LIMITED. Applicant's Mailing Address 7200 DAVIS BLVD. city NAPLES State FLORIDA Zip 34104 Applicant' s Telephone Number: Res.: Bus.: 774-7880 Is the applicant the owner of the subject property? x Yes No .... (a) If applicant is. a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public - corporation, so indicate and name officers and major stockholders below. x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of con'aract, and indicate actual owner(s) name and address below. SAMUEL HUBSCHMAN, ~%RRISON HUBSC~KAN, ALBERT HUBSCHMAN, AND TERYL BRZESKI. FAT__.?_-ING WATERS BEACH RESORT'%IMITEDt FfK/A WOODFIELD LAKES (If space is inadequate, attach on separate page.) 2. Name of Agent DOUGLAS A. WOOD Firm SIESKY, PILON & WOOD Agents Mailing Address 1000 TAM/AMI TRAIL NORTH SUIT."-' 201 city NAPLES Telephone Number: Res.: Bus.: 263-: ~282 .APR 8 1998 .,. 1.1 __ 10. ' SOLD AND/OR yES. HAS ANY PORTION OF THE PUD BEEN ~ DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD-AND/OR DEVELOPED? Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). THE APPLICANT DESIRES TO ADD A GUARD/SECURITY GATE AT THE ENTRANCE OF THE DEVELOPMENT, TO CHANGE THE PUD NAME TO FAr.LING WATERS BEACH RESORT AND TO REMOVE THE REQUIREMENT TO PROVIDE ACCESS TO US 41. AFFIDAVIT We, ~.,'"'-'~f ~t~ (k.P. o$ ~ ,t~ being first duly sworn, depose and say that we are the owners o~ the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDAT~~. SIGNATURE OF OWNER OF OWNER -- ~TURE OF AGENT SIG! State of Florida County of Collier .,. The foreqoing Application was acknowledged before me this ~ f,~_ ~ ..... * -we o~ who ~s prodded is persona~xy ~,u-,, ~o as take an oath. . ~' ..Ejx ~_.., ......,x~ fY/. ~,: -.- ~*~ identification~id (did not) ~S~gnAtu-re of Notary Public) NOTARY PUBLIC Commission ~ My Commission Expires: PUD\DO APPLICATION/md/4128 · APR 2 8 1998 EXHIBIT A. A tract o£1and lying in Section 3, Townsl',ip $I South, Range 26 East, Collier County, Florida, being more particularly described as follows: Beginning at the East ¼ comer of Section 3, Township 51 South, Range 26 East, run S 00°41'3 I" W 629.67 feet; Thence run N 54°20'16* W on a line 400 feet North and parallel with the North Right-of- Way line of Florida State Road 90 (LIS 41), a distance of 4111.31 feet; Thence N 35°40'05" E 920.00 fe~t; Thence run S 54°20'16"" E 3468.61 feet to a point on the East section line of sa~d Section 3; Thence S 00°46'03" W 492.58 feet along ~aid East section line to the POIlqT OF BEGiNN~G, except that portion lying south and East of Street Road S-951 canal. Containing 69.32 acres more or less. Subject to easements, restrictions and dedications of record. APR 8 1998 lq J: COLLIER COUNTY APPLICATION FOR STAND;tRD REZONE PETITION NO. n ,,n 8 COORDINATING PLANNER: APPLICANT NAME (AGENT): DOUGLA~ ;~. WOOD . .. , '~ ,PHONE: ~263r92o_ 2 1000 TAMIAMI TRAIL NORTH SUITE 201, NAPLES FL 34102 APPLICANT ADDRESS: PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: pALLING WATERS BEACH RE~ORT LIMITE[ 7200 DAVIS BLVD. NAPLES FL 34112 PHONE:_ 774-7880 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 3 TOWNSHIP: 51 SOUTH R3%NGE: 26 EAST SEE EXHIBIT "A" PROPERTY I.D. #: SIZE OF PROPERTY: FT. X FT. ACRES: GENERAL LOCATION OF SUBJECT PROPERTY: EAST OF C.R. 951 ~D NORTH SIDE OF U.S- 41 ADJACENT ZONING AND LAND USE ZONING LAND USE N P~D MULTIFAMILY S E W EXISTING ZONING: REQUESTED ZONING: ADDITION TO BE~CH RESORT PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): .%. -1- APR 2 8 1998 DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: YES. FALLING WATERS BEACH RESORT PUD. SEE ATTACHED E HAS A pUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO._ .- IS THIS PROPERTY CURRENTLY VACANT? · X YES _____NO. IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. ~T IONER OR AGENT DATE If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. If petitioner is a land trust, so indicate and name beneficiaries- If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STAND REZONE App/md/14864 -2- APR 2 8 199 J I, ,,~,= ,~=~,~ 6..~. ~' *~'N~/"'Z~being duly swo. rn, depos, e and o err described herein and ~hlch ~ = ..... ~ of the ~estions in thi~ application, and all sketches, data and other supplementary mater attached to and made a part of thi~ application, are honest and true to the best of my knowledge and belief. understand this application must be completed and accurate before a hearing can be advertised I further pe~it _~s~G~- ~9 ._. · ENT'S to-act as my representative in any matter~ regarding this petition. ~~WN ER state of Florida county of Collier The foregoing Agreement Sheet was ~ day of ~=,~b~/ , 1997 by ~.1 ~b~k~ --' personally known to me or w~o has-~rodu~ed identification and who did acknowledged before me this who is (~~ Public) ~BLIC Commission ~ My commissioh Expires: ,¸4 -1- APR 2 8 1998 c-5~G~Tt~RE OF AGENT State of Florida County of collier The foregoing Agreement Sheet was acknowledged before me this ~ day of ~x~~ , 199~__ bY ~oo~ ~. ~o~ , who is personally known to me r ~o has produced as identification and who did (did n.~ot) take an · ~S'i~nature of Notary P~blic). NOTARY PUBLIC Commission f My Commission Expires: -2- APR :)8 1998 EXHIBIT B A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Florida. From the East Quarter comer of Section 3 run with Section line South O' 4 r 31" West, a distance of 612.57 feet; thence North 89 ° 15' 29" West, a distance of 722.35 feet to the intersection ofthe West right-of-way line of a County Drainage Canal with the North right-of-way line of State Road 90 (Tamiami Trail); thea'r~ with said Trail right-of-way line North 54 ° 20'16' West, a distance of 1327.51 feet to the true POINT OF BEGINNINC. r, thence continue with the Trail right-of-way line North 54 ° 2CY 16' West, a distance of 220.00 feet; thence North 35 ° 3ir 44' East, a distance of 400.00 feet; thence Sou'ih 54 ° 20' 16' ~ distance of 220.00 feet; thence South 35 ° 30' 44' West, a distance of 400.O0 feet to the P~er OF BEGINNING. APR g 8 1998 March 3'~, 1998 We the undersigned, owners at Falling Waters Beach Resort, are in agreement with the wishes of the developer in requesting that the Collier County Planning Commission grant Petition No. PUD-87-40 (3), a portion which reads '... to delete a stipulation requiring an access roa~l, from the project to U.S. 41 ,/ East (Tamiam Trail East)...". . _ h ¢i -/-'/ -'" -'" 1 5~;~-~, '"' Address: - Beach Re~orJfBrive,.,fd'CiMt I ' /) · Signature: ',_ ,/~ _/_.¢rrJ/ Owners Name: '/,, .'~_~g ,~'"~ .~,//./../--~~ ~' . Address: ~-.~ Beach Re.~ort. Ddve, ~Jnit Signature: ;-'~. ,.~.~' ~". ~ -'-"/"' t- /f' ,'/ Owners Name: ~.~0 ~ ( ~J ~c.. Signature: ~ Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: ¢ _/l¢_.~.~_.Beach Resort Drive, Unit # ~ " ~ ,I /{ G~~~eso~nit. Z ,, ,, APR 2 8 1998 JLIIIII Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name; Address: Signature: Owners Name: Address: Signature: Petition No. PUD-87-40 (3) ~,~h'Q..O Bea'ch Resort D~ive, Unit Beach-Resor~'~)rive, Unit # \ Beach Resort Drive, Unit Beach Resort Drive, Unit # ~.c~ BeacNResor{~)rive, Unit # ~ 7 2 APR ~)8 1998 Petition No. PUD-87-40 (3) Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: ¢~.Beach,,fL), Resort Pdv~ Uhit # .._3, ¢,,&_L_~ BeachJ:{e.sp~t Ddve, Unit # I / // '/ '7 '~' · ~' ,~a, ch Resort D~ve, Unit #/ 6 '~C: Beach Resort Drive, Unit # / ~ Beach'Resort Drive, Unit #'3..-.- Beach Resort Drive, Unit # Beach Resort Drive, Unit # Beach Resort Drive, Unit # Beach Resort Drive, Unit # AGEND~1 ~1 - '~ -- APR ,~ 8 1998 Petition No. PUD-87-40 (3) Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name: Address: Signature: Owners Name; Address: Signature: Owners Name: Address: Signature: /., (,,/0 Beach Resort Drive, Unit / (::,St-/' o~ach ~e,~3rt ~ive, UFit # "~"~-C,_J~ach Resort Drive, Unit ~,~Beach~es~ve, Unit ~ Be~oh Re~o~ D~ve, Unit Beach Resort Drive, Unit # Beach Resort Drive, Unit # APR 2, 8 1998 WE ~ UNDERSIGN'ED ARE OPPOSED TO ~ PROPOSED PETITION NUMBER PUD-87-40(3) TO AME~ ~ WOO~FIE~ LAKES PUD AND MORE EVI~ORTANTLY THE DELETION OF THE ACCESS ROAD FROM ~ PROJECT TO U.S. 41 EAST FOR ~ REPONS ATTACI:~.D MARCII 5,1998 TO: COLLIER COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMW~'IONERS FROM: RESIDENTS OF FALLING WATERS BEACH RESORT RE: PROPOSED AMENDMENT DELETING ACCESS ROAD FROM FALLING WATERS PROJECT TO U.S. 41 EAST Dear Sir/Madam: Attached please find a petition plus (2) articles in support of the argument to NOT delete the access road as mentioned above, for the following reasons: O) There are only 8 buildings occupied, approximately 20 more to be constructed. Why can't this issue wait until the occupants of these buildings cnn have a say concerning this access road since they will be directly affected and clo~er to the access. In other words, what's the big hurry? (2) That increased construction at Fiddlers Creek and Rattlesnake Hammock will greatly increase traffic flow on to 951; (z) That the access ingress/egress is necessary for safety reasons. That emergency vehicles should have the option of entering the project without a hmle. As it stands now, the existing ingress/egress is inadequate to accomodate delivery trucks and the gate has been struck at least 4 to 5 times. (4) And for other reasons to be discussed at meeting time. We respectfully appeal to your good judgement and consideration to us as residents who have to live here and are subject to anything this developer decides to do. Please deny the Petition to Amend at this time. RESPECTFt~LY SUBMITTED. 2 APR 2 8 1998 AN IMPORTANT ISSUE This article concerns fl~e let~ we all should have received from the Collier Conty Devel- opment and Environrnen~ Services Divi- sion dated February 13, 1998. This letter notifies us of a meeting on Thursday, March 5, 1998 at 8:30 AM in the Board of County Commissioners Room to consider the fol- lowing: Attorney Douglas Wood, Attorney for Falling Waters Beach Resort, Limited is pe- titioning the Board for an amendment to amend the name and most important for us, a stipulation allovdng the deletion of the proposed access entry on to Route 41. PLEASE CONSIDER THIS; WHAT'S THE BIG HURRY ????7777777777 WHY is this something that has to be ac- complished now while everything else is hanging in the balance. By that I mean all the unfinished projects around this place. The pool and clubhouse are unfinished; street lamps should be installed; construc- tion is still very much a daily part of our lives; have the repairs and needs of your own units been met? The basic landscaping minus the promised flowers is excellent, thanks to Billy and his crew. Today I was once again assured that the pool will definetely be ready within a week. My reply to that stmement was, "I was told that back in September". (It just reminds me of that childhood tale "The Boy Who Cried Wolf') I wonder why ....................... There will be 430 units in this complex, not including Bldg. 29, when this de- velopment is finishexL That is two- thirds the size of the Davis Blvd. devel- opment. Check the original site plan, (copy on the back ) and note thai dae Route 41 access is well planned for. Building 29 is whcr~ Albert has sug- gested at various meetings would be the ideal site for another pool. The Davis Blvd. Development where there is only one ingress-egress, is de- cidedly different from our Develop- ment, as we are surrounded by water and wet lands and they are surrounded by dry land. In an emergency situa- tion, flood or other common disaster, this is an important consideration. There will be approximately 20 more buildings built and those buildings will be more affected by that Rome 41 ingress-egress then we will. By the way, we have no control over the water that surrounds us in case of a disaster. Emergency vehicles need that access and we need them. As it stands, an ambulance or f'm equipment can hardly turn around in our driveways. If there is ever any kind of traffic jam, ac- cident or other unforeseen happen- stance on 951, we're stuck. We cannot wait until later on to make a decision on this, it doesn't work that way... It is the feeling of many, that this ac- cess road should remahton our site plan and be part ofthis dcvol~~)_ APR~,g...'~!2 8 19,8 MORE INTORMATION ON TILT. ISSUE OF ~ ROUTE 41 ACCESS, It is impe~tive that a second ingress/egress to Falling Wate~ Beach Resort be constructed ns originally planned. Presently the only way in/out of this complex is n right turn on to Northbound Route 951. Ii'one seeds to go south on 951 to Marco or to US41, east or west, you must make a U-Turn in the face of on-coming traffic at K-Mart. A DANGEROUS ADVENTURE ....... MORE DANGEROUS STILL is the habit some of our impatient residents have developed, and that is: spurting directly acrms 951 making an illegal left turn on to 951 southbound. Further, this single entrance will shortly be shared with a commercial enterprise of some sort, using the same access to 951 as we do now .......... This situation will mo~t certainly increase the traffic flow off and on 9511 and into and out of Failing Waters Beach Resort. NEXT, Toil Brothers, Inc. will construct a 785 residence golfing community on the Northwest corner of Rattlesnake Hammock and 951, adding approximately 785 or more cars to the 951 traffic pattern. Fiddlers Creek, which anticipates 6,000 residences, has its only entrance/exit on 951, two miles south of US 41. Surely this will give them the capacity to open a second entrance to their development and direct traffic away from 951. The second entrance/exit for Falling Waters Bench Resort is not a matter of convenience, It is a matter of public safety. ENOUGH SAID ........... BUILD THE US41 ACCESS ROAD AS ORIGINALLY PLANNED ON THE ORIGINAL SITE PLAN ................ PLEASE SHOW FOR TH~ MARCH 5, 1998 MEETING AT 8;30 AM AT THE BOARD OF COUNTY COMMISSION~ERS ROOM, ADMINISTRATION BUILDING, GOVERNMENT CENTER ON US41 AND AIRPORT PULLING. THANK YOU ALL FORYOUR COOPERATION YOUR NEIGHBOK, JOI-~ MEYERS APR 2 8 1998 fl,{. ORDINANCE 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 MAPS NUMBERED 1603N AND 1603S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS F~LING WATERS BEACH RESORT LTD., FOR PROPERTY LOCATED FAST OF C.R. 951 AND ON THE NORTH SIDE OF U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.39 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-76, AS AMENDED, THE FORMER WOODFIELD LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Douglas A. Wood of Siesky, Pilon & Wood, representing Falling Waters Beach Resort, Limited, petitioned the Board of County Commissioners to change the zoning classification of the herein described real proper=y; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLGRIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit #A", which i$ incorporated herein and by reference made par% hereof. The Official Zoning Atlas Maps n'umbered 1603N and 1603S, as described in Ordinance Number 9]-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Nun%bet 92-76, as amended, known as the Woodfield Lakes PUD, adopted on October 19, 1992 by the Board of County Co~issioners of Collier County, is hereby repealed in its entirety. -1- APR 2 8 1998 SECTION THREE: This Ordinance shall become effective upon filing with the Department of Sta~e. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS D~IGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: BARBARA B. BERRY, Chairman Marjorie M. Student Assistant County Attorney f/ll"dD- I";- 40 ~) -2- FALLING WATERS BEACH RESORT A Pt. AN2qED UNIT DEVELOPMENT BY FALLING WATERS BEACH RESORT, LTD. NAPLES, FLORIDA PREPAP, ED BY: · Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS 10911 BONITA BEACH ROAD. SE BONITA SPRINGS, FLORIDA 33923 REVISIONS PREPARED BY: SIESKY, PILON & WOOD ATTORNEYS AT LAW 1000 N TAMIA. MI TRAIL SUITE 201 NAPLES. FLORIDA 34102. REVISED MARCH 4. 1998 BY TITE COLLIER COUNTY LONG RANGE PLANNIHG DEPARTT,~rNT APR 2, 8 1998 SECTION SEC~IION 1I - SEC'I'ION III - SECTION IV.- SECTION V - PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE PRO/ECT DEVELOPMENT COMMUNITY CO~ClAL MULTI-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS l-I 2-1 3-1 4-1 5-1 EXHIBIT 'A". LIST OF EXHIBITS PUD MASTER CONCEPT PLAN APR 2 8 1998 SECTION ! PROPERTY OWNERS~P. DESCRIPTION AND STATEMENT OF COMPLIANCE I. I PURPOSE The purpose of this section is ~o provide ~ legal description of the parcel, state the ownership and provide a description of the existing conditions of the parcel. i 2 LEGAL DESCRIPTION A. PHASE I: COMMERCIAL The parcel of land is more particularly described as follows: A trac~ of land lying in Section 3, Township 51 Soulh, Range 26 East, Collier County, Florida, being more particularly described as Follows: Commencing at the E~st 114 comer of Section 3, Township ~1 South, Range 26 Easl, run S 00°4131' W 629.67 feel. thence run N $3°20'16' W on a line 400 feet north ofand p~r~llel with the North Right-of-Way line of Florida State Road 90 (US 41), a distance o£4350.31 feet to the Ea~ Right-of. Way line of State Road S-951 and the POfNT OF BEGINNING oF Ihe herein described parcel oFland; Thence N 35°40.08' E 920 O0 Feet along said Right-oF-Way line; Thence S 54°20.16' E 239 00 feet; Thence S 35*40'08' W 92000 feel; Thence N 54°20'16' W 239 O0 feet lo the POINT OF BEGINNING CONTATNTNG $ 05 ACRES MORE OR LESS Subject to easements, restrictions and dedications otrrecord B PHASE !I RESIDENTIAL A trac~ ofIand lyin.~ in Section 3, Township 5! South, Range 26 East, Collier County. Florida. being more particularly described as follows Beginning at the East % comer of Section 3, Township 51 South, Range 26 East, run S 00"41'3 i' W 629 67 feet. thence run N $4020.16' W on a line 400 feet North and parallel with the Nonh Right. of- Way line of Florida State Road 90 (US 41), a distance of 41 ! 1 31 feet, thence N 35*40'08' E 920 O0 £eeL thence run S 34~0'16' E 3468.61 feet to a point on Ihe East section line ofsald Section 3. thence S 00~46'03' W 49_.2 58 £eet along said East section line to the POINT OF BEGINNING. except that pon!on lying South and East of Street Road S-951 canal Containing 69.32 acres more or less Subiect to easements, restrictions and dedications of record C PHASE !II RECREATION PARCEL A parcel in Section 3. Township SI Sou~h. Range 26 East, Collier County, Florida From t~e East Quarter comer ot' Section 3 run with Section line South 0° 41' 3 I' West, a distance orr612 57 feel thence North 89 ° 18' 29" West, a distance of 722.35 feet to the imersection ofthe West right-of-way hne ora County Drainage Can~! with the North right-of-way line of State Road 90 eTamLa~i Trail). thence with said Trail right-of-way line North 54 "20'16" West, a distance of 132751 fec.~ to the true POINT OF BEGINNING; thence continue with the Trail right-of-way line North 54 ' 20. 16' West. · distance of 220 O0 feet; thence North 35 ' 39' 44" East, a distance of 400 O0 feet, thence South 54 * 20. 16' East a distance of 220 O0 feet; thence. Sotnh 35 ° 30. 44' West. a d~ance of 400 O0 feet to the POINT OF BEGINNING Comaining ~ o? ..... tM, APR 2 8 1998 I..1 OWN'I~RSHIP The subiec~ property is ovmed by Falling Waters Beach Resort, Ltd. I 4 GENrERAL DESCRIPTION OF PROPERTY AREA The subjec~ property is located on the east side of'the (C.R.. 951) approximately 400 feel north of Tarniarni Trail East (U.S. 41). The site is ~rlher described as being bounded on the West by (C.R.. 951); on the East by Henderson Creek; on the South by numerous small parcels fronting U.S. 41 which are aborn 400 feet deep, m~d on the North by a parcel controlled by Dalton· Corporation. The project site contains approximately 76.87 acres ot' land pre~--mly zoned PUD, Planned Unit Devdopmem.Distric~. The subject properly lies within the Collier County Water - Sewer Area and the Collier County Water Management District No. 6. 1.5 PHYSICAL DESCRIPTION The subjec~ site is relatively flat with the exception of· swale ·long CR-951. Elevations range from 5.2 to 8.6 with the average grade bean8 elevation 5.5. Topographic data indicates that the land probably drained southerly before construction of U.S. 41, but that shee~flow panern is presently obstructed The property adjacent to the north boundary appears to drain into ·n abandoned quarry presemly being used to s~ore ur~reated drinking water for the Marco Island public water system and into Henderson Creek Three soil types are present on the subjec~ property, as depicted by the soil survey for Coffier County, Florida These are I ) Brow·rd fine sand. shallow phase 2) Ocbopee fine sand mad, shallow phase and 3) ~'press S~,,amp A natural plant community or'slash pine flatwood with palmeno occur on this site along ~s~h my·ding exotic hardv,'ood species The majority of the site is Pine flatwood and Cabbage Palm In the areas of the site ~he~e sc.~ttered pines exist, the understory is composed ot'Saw Palrr~to ·long wi~h Wax Myrtle. Saltbush and Brazilian Pepper Where Cabbage Palms are the dominant canopy, the understory is u, ild Er·pc ·nd Brazilian Pepper Species of oaks are intermixed throughout the she There is a small special treatment are· in the northeast portion of the site, which will be preserved during development STATEMENT OF CO~,IPLIANCE The Falling Waters Beach Resort Planned Unit Development is consistent ~,ith the Collier county Growth .'~1anagement Plan for the following reasons A The projec~ s~te is designated Urban Residemial and Mixed Use Activity Cemer on the Future Land Use Map and in the Future Land Use Element The permitted uses in the commercial portion of t~e PUD are permitted in the Mixed Use Activity Center designation The permitted uses in the residential portion ofthe PUD ·re permitted in the Urban Residential and Mixed Use Activity Center designations. Properties design·ted Urban Residential are permitted a base density of up to 4 units per ·crc. The properly lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre) Properties designated Mixed Use Activity Center ·re permilted a density of up to 16 units per ~t're which can be spread over the e~tire projecl. The fidl density of 16 units per acre is deemed appropriate and is awarded to this site I $ acres, of the residemi·l portion ofthis PUD ·re w~thin the Mixed Use Activity Center land use designation resulting in 240 unks ( I $ a~es X 16 un's/acre) $4.3 acres or'the residential portion of this PUD are within the Urban Resider~ial land use designation resulting in 216 units (54.3 acres X 4 unils/acre). The total number of units permitted by the Density Rating System for this she is 4~6 for · density of 6 6 units/acre as no other provisions of the Density Rating sTslem to add or subtrac~ densi~ are applicable Therefore. the density ot'6 by this PUD conforms to the Density Rating System co~ Element [ained ~10. nd se APR 2 8 lgg8 APR 2 8 1998 SECTION II PRO.I~CT DEVELOPHENT 2. I PURPOSE The purpose of'this ~ection is to describe the ~nera] plan of'development ortbe project, includin8 Luxt uses, d~ I~1 pha~n~_ 2.2 GEI'~RAL Regul~ions for devdopme~ orFaJling Wa~ers Beach Resort shaJI be in accordance with the contents or this document, PUD Pla'reed Unit Develo~ District and other applicable sections and pans of'the "Collar County Land Devel~ Coda.' Unless otherwise noted, the definitions ot'all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PRO.I'ECT PLAN The proj~ conceptual plan is shown on the accompanying F. xh'bit "A", "Master Concept Plan'. The drawings ~ the land use tract which tlso indudea the road right-or, way. in addition to the various are,u and specific items shown on Exhibit "A", milky, private, semi-public, etc., easemems shell be established within the project as necessary rot the service, function or convenience orthe owners and tenants. 2.4 PHAS~G Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may be permitted to be hauled off-she in accordance with Division 3 5 or"the Land Development Code. Falling Water~ Beach Resort Phase I (Commercial) will be developed as the lake excavation nears completion. Falling Waters Beach Resort Phase II (Residential) will be developed in approximately four ('4) phues F.~knazes or'the construction periods uxt number ordweling units in each phase are included in Table I. The sequence, number orunits in each phase and type or'units in each phase may change during the course of the project as dictated by market conditions, or as demand for certain types or housing becomes t~dent TABLE I Phase ESTIMATED DEVELOPMENT PHASING SCHEDULE Completion No of U~s Start I I12 1994 2 112 1996 3 112 Ig98 4 I !$ 200O The 21 5+ acre lake~ will be e~.av~ed in accordance w~h D~vlsion 3.50flbe Land Devdopmem Code The excavated lake depth will be (-)6 $ ~'eet NGVD. Excavation mate ~xl£~~ la be hauled off-she in accordance with Division 3.5 of'the Land Developme -'-' APR g 8 1998 SITE DEVELOPMENT PLAN APPROVAL PROCESS Ixocedm'~ omlined in D/v~sion 3.3 of'~he [.md I~'ve~opmem Code ~ be followed for Si~e In the case ot'du~md Ix~d~ngs. required property developmem regul~iom m~y be w.~ved or reduced provided a s~te dc'veJopmem plan is approved purscam to Section 2.6.27.4.6. APR 2 8 1998 SECTION ili COMMUNITY COMMERCIAL 3 i PURPOSE The purpose oF Ibis Section is to indicate the development plan ~d regulations for the ~rea designated on Exhibit 'A" as Community Commercial 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 49,000 squ~re fe~ of floor si~ce may be con~ructed 3.3 USES PER~rrTED A Per Article 2 of'the Land Development Code. All permitted (principal) uses and structures as allowed by C-I. Commercial Professional Dis'trim and also the Following: i. Automobile service s~atlons, fuel dispensing only (subjec~ to all provisions of Section 2.6.28 oFthe Land Development Code and Section 3.4H of this PUD Document regarding the Marco Island water supply) 2 Food markets 3 Fast food restaurants 4 Restaurants. 5 Any other commercial use which is comparable in nature with the Foregoing listed uses and which the Development Services Director determines to be compatible B Accessory Uses 34 C D Accessory uses and structures customarily associated with the uses permitted in the C-I District For the C-I uses. Accesso~, uses and structures customarily associated with the uses permitted in the C-3 District for the C-3 type uses Iisted in "A" above Signs as permitted in Division 2 $ of the Land Development Code. REGL~ATIONS GENERAL All yards, set-backs, elc shall be in accordance with the following MINIML%~ LOT AREA 1 0 acre MINIML;,'M LOT WIDTt! 200 feet MINIMUM YARDS I. AbuttingC R 951.50 feel 2 Street yard - 25 feel 3 Side or rear yard (other than C. R 951 or street). 15 Feet MINIMUM FLOOR AREA I Ground fl~r - Minimum 7~ ~uare feet OFF-ST~ET PARK~G REQUI~NTS As ~uir~ ~ Co[li~ County Regulations {Di~sion 23 oflhe ~nd D~elopment C~e) in effec~ at the time Site Development Plan approval is ~ught. M~i~t ~IGHT Fifty (50) Feet above the first finished floor ofthe building APR 2 8 1998 No m~tomobile sense stolons, convenience store~ vdth BLs pumps or other n',inor auto scrvlce uses, e.s, oil change buslneas, sl~ail be permitted unless and umil the rock quarry pi~ to the North which provides water to Marco Island is discontinued as a sourc~ of public ixxabte ~ ~. No ~ ~~ is ~ to ~ t~ u~ ~ ~ u~ ~ been discominued. Automobile sendce stitions, convenience storea w~th ~ pumps or cxher minor service uses ~ be located on the southern halfofthe commercial p~rcel. SECTION IV MULTI-FAM~Y RESIDENTIAL 4 I irLrRPOSE The Ix.'q>ose of this Section is to set forth the re~latlom for the development ofthe phases Falling Waters Beach Resort Phase !I as deaiEt~ed on ~.xhibit "A". 4.2 PERMITTED USES There will be a maximum of 45l dwelling urns a~l one o~ce on the site. No building or structure or pan thereof d~all be erected, altered or used, or land or water used, in whole or in part, other than the following' PRINCIPAL USES I ) Multiple family dwellings, villas, cluster housing and one o~ce 2) Recreational areas - tennis courts swimming pool, clubhouse, etc. 3) 4) Commonly owned open tracls (jogging tract, lake, cypress preserve). Water management facilities (owned by owner's association).. Mandatory recreational membership area. 6) Commercial excavation. B ACCESSORY USES 4.3 I) 2) 4) Customary accessory uses and structures. Signs as permitted by Division 2.5 ofthe Land Development Code. Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. Wails and fences constructed ofmaterials and finished architec~urally compatible with the principal structures to which they are accessory, shall be permitted subject to the provisions of Section 2 6.11 of the Land Development Code and this document MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, Ihere will be no minimum lot width, depth or area except as established by setback requirements set forth below. 4.4 BUILDING SETBACK REQUIREMENTS The dimensions for minimum building setback shall be ~s follows: I ) From all paved streets. 35 fi. from pavement edge. 2) From all property lines - 35 f. APR 2 8 1998 4) From the Henderson Credo maimmance easemem. 25 ff. B~ween structures - 20 ff. or I/2 the combined heights, whicbevet is 45 ~AXlkfUM HEIGHT OF STRUCTURES The maximum height of all dwelling structures shah be 35 Feet as measured fi'om the finished floor of'the first dwelling level as dc~ermined from the flood Insurance Rate Maps 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelllng unit shall be 1000 square feet. 4.7 OFF STREET PARKING Ofl'-s~ree~ parking shall be prodded as required by the D~dsion 2.3 of the ~ Developme~ Code in effect at the time of'application for Site Development Plan Approval 4 8 PROJECT LIGHTING Project lighting shall consist ofappropriate stree~ and pedestrian oriented site illumination. 4 9 COlOr,ION AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other Ihan Ihe following' A Principal Uses I) 3) 4) 6) ?) S) Jogging tracts and walking paths Picnic areas Tennis courts, sv, imming pool and similar recreational and sporting a~ivities Storable of equipment for maintenance otrcommon areas. Uses associated w~h maintenance ofmility services as approved by the Development Se~4ces Director. Water management areas and fadlities Preservation area. Mandatory recreational membership area 4 10 CO~4,MON AREA OWNERSHIP AND MAINTENANCE Common areas v411. upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership ora property owner's association or some such similar organization of residents This organization will be responsible for the maintenance of common areas under the conditions set fonh in Subsection 2.2.20.3 of'the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4 I 1 RECREATIONAL. FACILITIES Same as Section 4 9 above APR 2 8 1998 SECTION V DEVELOPfv~'NT STANDARDS 5. i PURPOSE The purpose of this Section is to set forth the standards for the dcvdopment of this project. 5.2 GENERAL All facilities shall be constructed in s~rict accordance with the Final Devdoprne~ Plan and all applicable State and local laws, codes, and regulations. Except where spedfically noted or stated to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits 'A' and "B', Master Concept ~ illustrate the proposed development. The design criteria and system design illustrated on Exhibit 'A' and szeted herein shah be understood u f~x~le so that the final design ma~ best satis~ the project, the neigldxxfx:~ and the general local env~ronmem. ]~finor ~e dedgn alterations may be permitted subject to approval by the ~ Se~,~zs l::)ke~or in accordance with Subsection 2.7.3 5 oftbe Land Development Code. C All necessary easements, dedications, or o~her instruments shall be granted to insttre the cominued operation and maimenance ofall service utilities and all areas in the project. D. The roadways shown are to remain private. flows Discharge wifl be to Hesxlerson Creek. The swale along the CR-951 ri6~t-of-way remain m',d a culvert will be instal~ at the entrance road. The culv~ will be of suffident to maimain existing flow. PROJECT DEVELOPMENT The proposed construction shall comply with the standards set Forth and the resulting complete ixoject shall adequately serve ks occupants and mend:ers and wg] not cause a general public problem. Such rnesn~e as the c. omauc~e ofsg~s. landscaping, erosion comrol and other similar-in-function Facilities shah be taken lo accomplish the above set forth objectives. ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS A Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the acquisition ora vegetation removal perm/t prior to arty land clearing. A site clearing plan shall be submitted to the Plannir~ Services Department for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the developmem schedule. The site clearing plan shall clearly depict how the final die layout incorporates retained native vegetation to the maximum extent poss~le and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent poss,'hie in the site landscaping design landscaping plan will be submitted to the Planning Services Department for their review and approval. This plan will depict the incorpora, ms us their mix with other species, if any. The goal of'site landscaping hall APR 2 8 1998 C G H K L n~ive vogel·ion ~d ha~u cJ~r~s~ics ~ oe the site during construction or due to past activities AJI cxolic plants, as defined in Division 3.9 of the Land Developrnem Code, shall be during each phase of construction from development areas, open space areas, and preserve areas. Follo~ng site develop·em · maintenance progr~ shall be implcmet~ed to prevent rdnvasion of the ~e by such exotic species This plan, which will describe co~rol techniques and inspection intervals shall be filed with and subject to approval by the PLuming Services Department lir during Ihe course of site cie·fin& excavation, or o~her constructional activities, an mc,~eoiogleal or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Planning S~ Department. Devdopment will be suspended for a suflSde~ length of time to enable the Planning Services Dt'partment or a deslsn~ed consultant to assess the Bnd and determine the proper course of action in regard to its s~lvageability. The Planning Sen4ces Departme~ will respond to any such notification in a fimdy and cff~iem mannc~ so as to provide only a minimal interruption to any constructional activities. The bound~es of'the "ST' preserve area shall be flagged by the petitioner, and subject to the review and approval ot'Pianning Services Department The area shall be fenced off.prior to development activity Only conservation-oriented uses, approved by Planning Services Department. will be allowed in this preserve area The petitioner shall consult the U S Annv Corps of Engineers and the Florida State Depart·eh: of Environ·croat Protection (DE'P) concerning the possibility oflheir wetlands jurisdiction o~'er some areas on site In the Site De',elopment Plan process, the petitioner shall make every eft.on Io incorporate mature oak trees in thor existing locations into the project landscaping This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for pt'eservation of'the trees Oaks v, hich cannot be accommodated as such, may be transplanted by knov,'ledgeable personnel to other areas on site Littoral zones of'the lakes shall maintain a slope or'6 ! to a depth orr4 feel. All littoral zones shall be revegelated with native aquatic species, and the encroachment ol'exotic vegetation in these areas shall be controlled Detailed site drainage plans shall be submitted to the Planning Services Depanmem for review No construction permits shall be issued unless and until appro~'al of'the proposed construction in accordance with the submitted plans is granted by Ihe Planning Serdces Department The storrnwa:er generated by this pro, jo· shall be directed toward the south/southwest section of'the project site There shall be no on-site disposal of sewage effluent .~. 20 fi ~ide stop of'land ·Ion8 the entire Henderson Creek fi.om·ge shall be reset'ed for use as a future easement for canal widening and maintenance purposes This petition indicates that a portion oflhe development will he zoned commercial In the interest of protecting the Marco Island Public water supply from poss~le contaminants generated by the development, the Collier County Pollution Control Depanmem shall have the oppor~unh~, to review future projects (Site Development Plans and Plats) assodated with the commercial parcel "°- APR :B 8 1998 $6 Il'the Collie' County Pollmion Control Department or other County depanmems request or require monitoring walls near the rock quarry pit to the noah. the petitioner shall provide such monitoring wells and submit gener~ed data to the appropriate County departments. EASEMENTS FOR UNDERGROUND UTILITIES E~tsen~ms for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water dist~tion lines a~ oth~ ~milar utilities ~ for t~ ~ o~tbe proj~ ~1 ~ i~t~ ~ r~r~ ~ ~ for ~ ~s. Cl~ng of the ~m~s for i~allation of u~~ milides s~ll be ~l~ive ~ u !o prot~ Ihe ~i~m ~m~ oftr~s and ~mral v~ation. 5.7 WATER AND SEWER 1) V,'~er distribution, sewage collection and transmission facilities to serve the ptojec~ are to be designed, cot~ruc~ed, conveTed, owned and maintained in accordance with Collier County Ordinances No. 88-76, ms amended, and other applicable County rules and regulations. 2) All cu~orners connecfin8 to the water distribution and sewage collection facilities Io be constructed will be customers of'the County and will be billed by the County in accordance with the Coumy's esl~blished rates 3) The on-site water distribution system to serve the projec~ must be connected to the District's 20 inch water main on the noah side ors R 951 consistent with the main sizing requirements specified in the County's Water ~faster Plan and extended throughout the project During design of these facilities dead-end mains shaft be eliminated by looping the internal pipeline network 4) The ufihty construction documems for the project's sewerage'system shall be prepared so that all sev. age tlo~inB to the County's rna~er pump station is transmitted by one (I) main o~ s~e pump s~ation The Developer's Engineer shall rne~ with the County s~afl'pnor to cOn'm',en~ng preparation orconstrucfion drawings, so that all aspects or the sewerage s).s~a'n design can be coordirmed with Ihe County's Sewer Master Plan The existinlt off-site water fadlifies of the District must be evaluated for hydraulic capaCny to se~ this projec~ and reinforced as required, if necessary, consistent with the Coumy's Water Mas~er Plan to insure that the District's water system can hydraulically provide a sufficient quamity of water to mc, el the anticipated demands of'the projecl and the District's existing committed capacity. 6) The existing off-site sewage transmission facilities ol'the District must be evaluated for hydraulic capacity to serve this projec~ and improved as required omside the project's boundary to provide adequate capacity to transport the additional wastev.'ater generated without adverse impac~ to the existing lransmission facilities SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the County's approved solid wasle disposal service to provide for solid waste collection service to the Falling Waters Beach Resort projec~ area S 9 OTHER UTILITIES Telephone. power, and TV cable service shall be made available All such utility lines shall be installed underground 5 10 RIGHT-OF-WAY DEDICATION See Section 5 I? $.1 APR 8 1998 5 ! I ARCHITECTURAL REVIEWS All buildings constructed within Falling Waters Beach Resort must comply with Ihe a~chi~ectural re~.w s~anc~'ds which ~11 be spectral by ~he recorded coven~s and de~d rest~ctions ~h~ ~o the properties. ACCESSORY STRUCTURES Accessory structures may be cormruc~ed simultaneous}y with or followinlt the cormruc~ion of the principal structure and shall conform with the ~etbacks and building sepm'ations as dermeated by Section 2.6.2 of the Land Developmem Code. 5.13 SIGNS Ali signs shall be in accordance with Division 25 or'the Land Development Code. S 14 LANDSCAPING AND BUTFERfNG All required landscaping and buffering shall be in accordance with Division 2.4 of the Land Dev~opment Code. WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted Io Ihe Planning Services Dcpanmem for review at the time ofdevdopment. No construction permits shall be issued unless and until approval of'the proposed construction in accordance with the submitted plans is granted by the Planning Ser'dces I:)epanment. 5 16 TRAFFIC IMTROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following l) There shall be only one access IO C R 951 I! shall set,,,e all of the commercial parcels and Ihe residential po·ion of the projecl The access shall be subject to petmhtin8 in accordance with Ordinance $2-91 The access point shall align with the access point in Lely Resort PUD across CR-gS I to the west 2) The developer shall provide leR and right turn lanes on C.R 951 at the project entrance. If at ·Il feasible, this cons~,tction shall be coordinated with the four I·ning of'that roadway. The entrance road intersection with C.R. 051 shall include arterial level street lighting. 3) The devdoper shall provide · fair share comn~ution toward the capital cost ora traffic signal at Iht projecl entrance when deemed wart·reed by the County Engineer. The signal will be owned, operated and maintained by Collier County. Florida. 4) The developer shall ~'ovide up to $0 feet of right-of-way along Ihe east side or C.R 951 for turn lanes, bikeways, and drainage purposes The exac~ amount will be dclerrnined when the right-of.w~y pen'nit is applied for and shall be consistent with Ihe County's Comprehensive Plan and Growth Management Studies which establish the long term transportation needs along C. Ri 951 5) These improvements are considered 'site related" as defined in Division 3. ! $ of the curare Land Devdopttmm Code and shall nol be applied ns credits toward any impacl fees required by that ordinance. Road lmpnc~ Fees shall be in accordance with the tee schedule set fo~h in Division 3. I S ofthe current Land Development Code; the residemial units shall be based on the fee for Multi-family Development and the commercial units shall be bL_e,.d on the tee for General Commerda, Development - ~en~. ~) APR 2 8 1998 $ 17 EMERGENCY ACCESS TO U.S 41 An emergency, access shall be provided to U.S. 41 East generally in the area shown on the PUD Mas~er Concept Plan, Exhibit "A", w~th the following conditions l) 2) Left and right turn l~nes ~ be provided at the emrance if required by FDOT. The entrance road intersection with U.S. 41 shall include arterial level greet lighting. The developer ~ provide a fair share comn~ion Ioward the capital cost ora tr~ ~gnal the project entrance when deemed v/~'ranted by the County En~neet. The signal will be owned, opemed and maintained by Coflier CoumT. ~ ~provemems are considered "site related" as defined in Division 3. I $ ofthe current Land Deve~ Code and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Division 3. I $ of'the current Land Development Code; the residential units shall be based on the tee for Multi-family Developmem and the commercial units shall be based on the tee for General Commercial Development. $ 18 POLLING PLACES Polling places shall be permitted as provided for in Se~ion 2 6 30 orlhe Land Development Code 5 19 ISSUA.~CE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD Document shall be met by the de',eloper prior lo issuance orthe final Certificate of'Occupancy S 20 PLATTI%'G Plattin~ it'required, shall he in accordance with Division 3 2 orthe Land Development Code Platting shall be required il'units are lo be sold tee simple or irthe projec~ is developed as an integrated Phased SDP, in accordance with Section ..t 2 4 4 or'the Land Developmem Code 5 21 BbTFER~G A landscape buffet in accordance w~h Section 2 4 7, Alternali~.e B. orthe Land De'velopmen! Code, shall be provided around Ihe entire perimeter of the site except a more s~ringent buffer shall be provided if required by Section 2 4 7 APR :B 8 1998 EXHXBX? ~A* APR 2 8 1998 EXECUTIVE SUMMARY PETITION NO. PUD-91-2(1), WILLIAM R. VINES, OF VINES & ASSOCIATES, INC., REPRP.,SE1VHNG ROBERT S. HARDY, REQUESTING A REZONE FROM PUD TO PUD HAVING THE EFFECT OF AMENDING THE NORTHBROOKE PLAZA PUD TO INCREASE THE AMOUNT OF GROSS FLOOR AREA DEVOTED TO RETAH3SERVICE/OI~CES; REVISING THE NUMBER OF DEVELOPMENT TRACTS FROM THREE TO TWO; MAKING OTHER CHANGES TO THE PUD TO REFLECT CHANGES THAT HAVE OCCURRED SINCE THE PUD WAS FIRST APPROVED AND TO UPDATE REFERENCES TO THOSE IN EFFECT, AND TO AMEND THE MASTER PLAN FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF 1-75 AND NAPLES-IMMOKALEE ROAD (C.IL 846), IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONTAINING 43 ACRES, MORE OR LESS. This petition seeks to amend the Northbrooke Plaza PUD by replacing the current regulatory document with a new PUD regulatory document through the action of a "PUD to PUD" Planned Unit Development rezoning action. CONSIDERATIONS: The Northbrooke Plaza PUD is located within the northeast quadrant of the interchange area at 1-75 and Immokalee Road (CR-846). The purpose of this petition is to revise the table of major generic land uses and their intensity of development. The current table describes commercial us~s as gas stations, general retail, restaurants and offices each with an assigned gross building area. The change would have the references to land use intensity by land use category changed to a more generic reference to commercial intensity and density in the respective tracts 1 (commercial) and tract 2 (residential). The change will result, however, in an increase to the allowable gross building area from 196,000 to 270,000 squar~ feet except as reduced by the amount of hotel uni~ in the event any are constructed. The table also adjusts the amount of residential dwelling units from 150 to 120. The current PUD rstablishes three (3) development la'acts with one of the tracts devoted to residential development. The revised PUD establishes two (2) tracts, one for commercial development and the o/her for residential development. Other changes to the PUD account for development ~,.ipulations that no longer apply because of infrastmctural improvements or because of new servic~ providers, and to update the PUD to current LDC references. there can be no different an impact upon adjacent and nearby property, therefore describing the relationship of surrounding land uses or calling into question incompatibility. Inasmuch as the revisions do not change the manner in which the property is intended to b¢ developed nothin~ is served bv any of APR 2 8 1998 The Collier Courity Planning Commission reviewed this petition on March ~, 1996 and tmanimously recommended its approval to the Board of Commissioners as described by the PUD regulatory doc~rment and Master Plan attached to the Ordinance of Adoption. No communications were received in opposition to this petition nor were any presentations made to the CCPC in opposition to the approval ofthis petition. FISCAL IMPACT: This petition by and of itself will have no fi.wad impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to ma/ntain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the Count)' must provide supplemental funds from othe: revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT:' The land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. The amendment does not rise to uses or thresholds (i.e. additional floor area) that will establish a FLUE inconsistency. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the stratelD' devised for regulating the manner of development. In view of this consistency finding there is no negative or other adverse impact resulting from the adoption of this amendment. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACr: Staffs analysis indicates that the petitioners property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaLtArchagological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission recommend approval of Petition PUD-91-2(1) having the effect of replacing the Northbrooke Pl~,a PUD while modifying the developmen' stra~f~f~ect increase in commercial floor space and a reduction to residential dwelling unit new Northbrooke Plaza PUD document and master plan. 2 as deC, the APR 2'8'19~'8 D CURRENT PLANNINGMANAGER REVIEWED BY: DATE PL~ DE~____~ DIRECTOR ~INCENT A. CAUTERO, ADMINISTRATOR DATE CO~'NITY DE¥. ~ E~VIROb~ENTAL S¥CS. ?LrD-¢~-20) EX SUMMARY/md 3 APR ~ 8 1998 AGENDA ITE~ TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: RE: FEBRUARY 17, 1998 PETITION NO: PUD-91-2(I), NORTHBROOKE PLAZA PUD TO PUD OWNER/AGENT: Agent: Williarn R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 Contract Purchaser: Robert S. Hardy 6289 Burnham Road Naples, Florida 34119 Record Owner: Land trust #5405 Richard Bennett Tnmee 865 - 5th Avenue South Naples, Florida 34102 REQUESTED ACTION: This petition seeks to amend by replacing the Northbrooke Plaza PUD regulatory document with a new PUD regulatory document through the action of a "PUD to PUD" Planned Unit Development rezoning action. GEOGRAPHIC LOCATION: The Nonhbrooke Plaza PUD is located within the northeast quadrant of the interchange area at 1-75 and Immokalee Road (CR-846) (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to revise the table of major genetic land uses and their intensity of development. The current table describes commercial uses as gas stations, general rctail, restaurants and offices each with an assigned gross building area. The change wo'~ sgllnjl[~pmmcl :iai development as Retail and Service while increasing thc allowable gross b fildiri~ ar~ 196, APR 2 8 1998 1 to 270,000 square feet. The table also ~jm'ts the amount of Motel/Hotel development from 150 rooms to 130 rooms and residential dwelling units from 150 to 120. The curr~t PUD establishes three (3) development tracts with one of the tracts devoted to residential development. The revised PUD establishes two (2) tracts, one for commercial development and the other for residential development. Other changes to the PUD account for development stipulations that no longer apply because of intrastructural improvementS or because of new service providers, and to update the PUD to current LDC references. SURROUNDING LAND USE AND ZONING: ~ Inasmuch as the revisions do not change the manner by w~ch the property is intended to be developed there can be no different an impact upon adjacent and nearby property, therefore, nothing is served by describing the relationship of surrounding land uses. No development has occurred at the Nonhbrooke Plaza except for a temporary saled trailer which is marketing the development of the adjacent Cypress Woods Golf and County Club. GROWTH MANAGEMENT PLAN CONSISTENCY: The Northbrooke Plaza PUD was first approved on July 30, 1991, Ordinance No. 91-67. Pursuant to Section 2.7.3.4 (Sunserting) a two year extension was granted effectively extending the date by which development is to begin to January 21, 1999. This petition does nothing to change approved land uses, however, the mount of commercial developed will be increased in the event this petition is approved. The l'~,md uses and the location of the subject property remains consistent with its activity center designation. The FLUE does not provide any standards limiting the amount of commercial development that may occur in designated commercial areas. A literal application of LOS relationships and natural resource conservation requirements advise that the added building area would not be inconsistent with applicable GMP elements. The PUD is structured to require compliance with LDC requirements related to assuring consistency with related GM? elements. Any development of the land is subject to concurrency requirements. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was administratively reviewed on behalf of the EAB. Recommendations are included in the Development commitments section of the PUD that pertain to those jurisdictional staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the lar "PUD". When we use a rezoning process to accomplish a PUD amendment, we level of administrative convenience as it avoids the requirement to track amc to so t~~e)a relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For th.is reason, gaff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Northbrooke Plaza PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. With the exception of the change which would increase ~he authorized mount of commercial development the amendments to the PUD through a PUD to PUD rezoning action do not change the way the property was originally intended to be developed. TIg new PUD will provide us with an oppommity to construct development commitments in a ma]nner consistent with om'~t LDC requirements, while current development commitments may be' deleted attributable to development actions which make the commitment redundant. The revision which establishes two building tracts instead of three is of no material significance inasmuch as it doesn't change the part commercial part residential developmen{ strategy. The projects interface with Northbrooke Drive will be revised to reflect the existing geometry between Northbrooke Drive and Oaks Boulevard. Access connections with Oaks/No,brooke Drive will have to be consistent with the County's Access Management Plan. In the opinion of staff the only issue that needs serious consideration is that of increasing the amount of authorized commercial development. We do not believe there is any problem related to aggregating commercial development in a more general manner. A reduction of twenty (20) hotel or motel rooms and thirty (30) dwelling units has an insignificant relationship to an equivalent amount of commercial floor space (i.e. estimated to be within a range of 2,000 to 4,000 square feet). Therefore, the fifll impact of an additional 74,000 square feet needs to be evaluated. As advised on many occasions the FLUE provides no standards relative to the mount of commercial development deemed appropriate for each acre of land so used. A standard that has been employed as a rule of thumb is 10,000 square feet per acre. The PUD proposes an intensity of 270,000 square feet on 29.9 acres of the site which produces a ratio of less than 10,000 square feet per acre. Furthermore, the extent to which a portion of the commercial tract is to be development with hotel or motel space a commensurate reduction of 10,000 square feet of commercial space for each acre of hoteVmotel development will be made. As structured the change in commercial intensity is within acceptable ranges and is not precedent setting. Relative to the net additional impact to the arterial road system it should be noted that Immokalee Road (CR 846) is expected to become deficient in terms of its expected LOS by the year 1999 unless the road is widened to four (4) lanes from 1-75 to CR-951 and six (6) lanes from 1-75 to Airport Road. In view of this relationship staff is of the opinion that the net increase of the project as now proposed over that currently authorized be phased to occur after said required improvements to Immokalee Road are completed, notwithstanding the possibility of a concurrency management action on the currently authori~d development. COMMENTARY RELATIONSHIP OF DRI'S: Regarding the potential application of the DRI aggregation rule is should be not, approvals were granted to nearby properties the ownership entered into the recc (i.e. Cypress Woods Golf and Country Club) showed that the contract purchaser d tha nt ....... of the land in this APR g 8 1998 p~fion was not an owner of said cond~ous property. Recent newspaper accounts incl/cate th/s may not be the case. The burden for detcrm/dng likely DR/relationsh/p lies with the Reg/onal PIa~nlng Council and Department of Commun/ty Affa/rs. Furthermore, a local development order (i.e. re'zoning action) does not exempt an owner of property from complying with DR/requirements should it subsequently be dc'to'm/ned that a proposed development of land constituted a DR/, either as an/ndiv/dual project or by aggregation duc to ownersh/p in a nearby, property. Where there is doubt the law provides for the owner of land to obtain a "cl~ancc letter" or a b/nd/nE letter of interpretation from the DCA. Again it is important to appreciate that the approval of a zoning development order and initial construction activities do not set aside the requirements for a DR/ should it subsequently be det¢,uined that the thresholds or criteria for aggregation came into play at any time between related but separate land development atrpmval~.. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-91-2(1) having the effect of r~lacing the Northbrooke Plaza PUD while modifying the developrhent strategy to reflect an increase in commercial floor space and a reduction in hotel ~ace and residential dwelling 'escribcd by the new Northbrooke Plaza PUD document and master plan. DATE CHIEF PLANSNER REVIEWED BY: ,/~OI~RT J. MULHERE, AICP DONALD W. ARNOLD, AICP VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNI~ DEV. AND ENVIRONMENTAL SVCS. ~. / ~,~'~ DATE DATE Petition Number PUD-91-2(1) Staff Report for March 5, 1998 CCPC meeting. COLLIER COUNTY PL~ON: MICHAEL A. DAVIS, CHAIRMAN PUD-91-2( i ) STAFF REPORT/md APR 2 8 1998 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1, Name of Applicant(s) RSH of Naoles, Inc, App,licant's Mailing Address.. 6289 Burnham Road City Naoles State Florida Zip Applicant's Telephone Number: Res,: Bus.: 597-6311 Is the applicant the owner of the subject property? Yes X No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s} name and address below. Robert S, Hardy, President. lO0%.owner, 6289 Burnham Road, Naoles FI, APR 2 8 19 ....._PI). f 2. Name of Agent William R. Vines Firm Vines & Associates. Inc. SECTI Agent's Mailing Address 800 Harbour Drive City Naples State Florida Zip ~ Agent's Telephone Number: Res.: Bus.: 262-4164 PUD ORDINANCE NAME AND NUMBER:_ Northbrooke Plaza 0RD.#91-67 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal des.cription for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED, ON 1 ~1 TOWNSHIP 48 South RANGE See attached legal descriotion t Address or location of subject property: Northeast corner 1-75 and lmmokalee Road Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) HO TYPE OF AMENDMENT: X. A. PUD Document Language Amendment ~; B. PUD Master Plan Amendment C. Development Order Language Amendment 2 APR 8 1998 Se e 10. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ~ Yes ~No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? PETITION NO. HAS ANY PORTION OF THE PUD BEEN DEVELOPED? DEVELOPED? Yes X DATE No SOLD AND/OR: No ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR No IF YES, DESCRIBE: (Attach additional sheets if necessary). I, Richard K. Bennett. being first duly sworn, depose and say that ! am the Trustee of Land Trust #5405 which owns the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. NOTE: RICHARD K. BENNETT, Trustee WILLIAM R. VINES, Agent 3 APR 2 8 1998 o. // State of Florida County of Collier . The foregoing Application was acknowledged before me this ~ ~.,/./4 day of ~,%~([ , 19~ ~" by RICHARD K. BENNETT, who is personally known to me or who ha~ produced as ider{ti~ation and who did (did not) take an oath. (Signature of Notary'Public) SEAL (print-~lame of Notary Public) NOTARY PUBLIC Serial/Commission No., My Commission Expires: 4 APR 2 8 1998 ORDINANCE 98- AN ORDINF~NCE A/~ENDING ORDIN~dqCE NUMBER 91-102, THE COLLIER COUNTY LARD DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUI.RTIONS FOR THE UNINCORPORATED ~LRF. A OF COLLIER COUNTY, FLORIDA, BY RRENDING THE OFFICIAL ZONING ATL~ PAP NUMBEP~D 8619S BY C~U~NGING THE ZONING CJ~%SSIFICATION OF THE HER~IN DESCRIBED RF. AL PROPERTY FRO~ "PUD" TO 'PUD' PLANNED UNIT DEVELOP~NT KNO~ AS NORTHBROOK~ PLEA, FOR PROPERTY LOCATED IN THE NORT~4EST QUADPJ%NT OF 1-75 AND NAPLES-IM~OKALEE ROAD (C.R. 846), IN SECTION 19, TONNSHIP 48 SOUTH, RARGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-67, AS ~ENDED, THE FORMER NORTHBROOKE PLAZA PUD; A~D BY PROVIDING AN EFFECTIVE DATE. WHERF~%S, William R. Vines of Vines & Associates, Inc., representing Robert S. Hardy, 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 19, Township 48 South, Range 26 East, Collier County, Florida, is changec from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8619S, as described in Ordinance Nu~er 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-67, as amended, known as the Northbrooke Plaza PUD, adopted on July 30, 1991 by the Board of County Con~issioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- APR 2 8 1,998 PASSED AND DULY ADOPTED by the Board of County Co~issioners of Collier County, Flo=ida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: Chairman MarJorie M. S~uden= Assistant County Attorney -2- APR 2 8 1998 NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Prepared for. CITIZENS & SOUTHERN TRUST COMPANY (Horida) N.A. Prepared by: Vines & Associates, Inc. 800 Harbour DHve Naples, Florida 34103 Phone: (813) 262-4164 Dale Filcd: Date Revised: Date Reconunended by CCPC: Date Approved by BCC: Ordinance Number: Exhibit "A" .... g?~ APR 2, 8 1998 TABLE OF CONTENTS ; SECTION I. SECTION Ii, SECTION i11. SECTION IV. A'i-I'ACHM ENT '1" LOCATION MAP STATEMENT OF COMPLIANCE PROJECT PLANNING TEAM PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT PROJECT DEVELOPMENT REGULATIONS DEVELOPMENT COMMITMENTS PUD MASTER DEVELOPMENT PLAN ii III 3 7 15 LAST APR 2 8 1998 CR 846 PROJECT COLLIER COUNTY, FI. NORTHDROOKE PL LOCATION MAI= STATEMENT OF COMPLIANCE The development of 39.9 acres of land in Collier County as a Planned Unit Development to be known as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: '1 The Future Land Use Element of the Collier County Growth Management Plan provides at page LU-I-33 that "if any proiect is 75% within an Activity Center, the entire project shall be considered to be within the Activity. Center." Slightly more than 80% of the subject property lies within an Interstate Activity Center. The Future Land Use Element provides that, at page LU-l-33, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke Plaza will be a mixed use project. e The Future Land Use Element density rating system provides,, at page LU-I-29, that with respect to residential development, "if the project is withln an Activity Center, up to 16 residential units per gross acre may be permitted." The residential component of the project complies with this provision. The project will be served by a complete range of services and utilities, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. The project will be in compliance with ali applicable County regulations including the Growth Management Plan. Se All final local development orders for the project will be subject to the Adequate Public Facilities Ordinance. APR 2 8 1998 PROJECT PLANNING TEAM The following professional firms comprise thie Northbrooke Plaza Planning Team which prepared the PUD Master Plan, PUD Document, and all of the support materials which comprise the PUD Application package. ! Vines & Associates, Inc., Land Planner/Project Coordinator Hole, Montes & Associates, Inc., Engineers/Surveyors Kevin L. Erwin, Inc., Ecologist Barr, Dunlop & Associates, Inc., Traffic Engineers Young, vanAssenderp, Varnadoe & Benton, P.A., Attorneys Marketing Management, inc., Market Analysis III AP~ 2 8 ~998 3-31-98 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. 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 to be developed under the project name of: Northbrooke Plaza. 1.2 LEGAL DESCRIPTION 1,3, 1.4. 1,5. The pro ect site is 39.9+/-acres in area. ,,,, '~ ....'--' "- "' "'" ' '~- The ........... t~i-~,,~& ~- · ,', '-,' r --- ' follows this page. legal descripfio~ of ~e project ~,%~ PROPERTY OWNERSHIP Title to the property is currently in Land Trust 85405, held by ~ ~A IUdil IIg~1~41 I IUIIUO dd~d~ lull, i11~ ~l~gl[~ ~llll~l i~ ~11~ GENERAL DESCRIPTION OF PROPERTY ARE.~, A. The property lies in the northeast quadrant of the 1-75/Immokalee Road interchange in Section 19, Township 48 South, Range 26 East. Be The property is zoned-A~ .p,~, egTiCt~lt~'a~, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. PHYSICAL DESCRIPTION The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from ab.')ut 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. Wetlands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portion of the property was cleared and used as a storage/work area when the 1-75/Immokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominately Arzell fine sand. There is a minor area of Broward fine sand alo~ westerly edge of the property, and a small amount of cypress the southeastern edge of the property. APR 2 8 1998 ,, po., A parcel of land located in the Southeast quarter of Section 19, Township 48 South, Range 26 East, Collier county, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 19, Township 48 South, Range 26 East, Collier County, Florida, thence run South 89'34'36' West along the South line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet; thence run North 00°42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the ~ ~ of the parcel of land herein described; thence continue North 00'42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 1,243.75 feet; thence run South 89°17'06" West for a distance of 450.00 feet; thence run North 45°45'00' West for a distance of 200.00 feet; thence run North 28°38'00" West for a distance of 321,01 feet; thence run North 78'55'38" West for a distance of 544,92 feet to the Northeasterly corner of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier county, Florida; thence run South 01 '37'19" East along the Easterly line of said drainage easement for a distance of 442.73 feet to the beginning of a tangential circular curve concave to the East; thence run Southerly along the arc of said curve to the left, same being the Easterly line of said drainage easement, having a radius of 2,650.79 feet through a central angle of 10'32'08", subtended by a chord of 486.74 feet at a bearing of South 06' 53'23" East, for a distance of 487.43 feet to the end of said curve; thence run South 12'09'27" East along the Easterly line of the said drainage easement for a distance of 675.77 feet; thence run South 48'49'40" East along the Easterly line of the said drainage easement for a distance of 279.67 feet to a point on the Northerly line of a 100.00 foot County Canal easement; thence run North 89'34'36" East along the Northerly line of the said 100.00 foot County Canal easement for a distance of 873.61 feet to the POINT OF BEGINNING, Containing 39.90 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings shown hereon refer to those shown on the State of Florida Department of Transportation Right-of-Way Map for Florida State Road No. 93 (Interstate 1-75) Section 03175-2401. This legal description was derived from information shown on the Florida Department of Transportation Right-of-Way Map of State Road No. 93 (Interstate 1-75) Section 03175-2401, Sheet 3, Collier County, Florida, together with supplementary information provided by client. This description has not surveyed. 2 ~gOIJ~l gl JOIg g~Jlgil I~I Igl ~Counrf canal easemer, r f~, a ,,,~ pro ~¢t o,,:,o corr, bined ...... th~ o,.,,.,,~oo road o,~o ,o 42 755 o,.,,,;o. 1.6 1,7, PROJECT DESCRIPTION The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels/motels, offices, and multi-family residential units. The project al)plicant/developer will not be an end user. End users will typically be regional or national corporations which routinely locate in interstate interchange commercial developments. The project owner/developer will secure appropriate plan approval and zoning, install access drives, utilities, and other required infrastructure, and market ready to build on sites for development in accord with the approved PUD Master Plan, PUD regulatory document, and applicable other regulations. This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE". 3 APR 2. 8 1998 2,1, 2.2 2.3, SECTION II PROJECT DEVELOPMENT The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. Development of this project will be governed by the contents of this document and applicable sections of the Collier County ~ ~~ in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Z~n:c,~ C~,[c,~c, ce[~DiC in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). All conditions imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shall become part of the regulations which govern the manner in which the PUD site may be developed. De Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. This site is planned as a mixed use commercial/residential project which will provide commercial services to highway travelers as well as to residents in the vicinity. In addition to conventional interchange related and surrounding neighborhood serving commercial services, conventional residential and/or retirement residential usage with supporting medical and related services will be incorporated in the project. The PUD Master Plan, known as Attachment '1', which by reference is made part of this document, divides the property into Tracts A ~d B, end-e;, each of which is the subject of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. 4 APR 2 8 1998 At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to provide appropriately zoned sites, with all necessary utilities in place, to · accommodate commercial and related development projects, such as national motel and/or restaurant chains, gasoline service stations, retail facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end user of the ~ mixed use complex, plan approval will occur in four steps, The first step is establishment of the PUD document which Includes developmental standards and regulatory requirements for the entire property, A ~d;v;~;or, ~,1~er :':Jr, .p.~!l~~:~S'aS:a~k~!~ shall be submitted to Collier County for review and approval for the second step. Upon GMP P~'~]'!~I~'ii".~.~SOb~li~[iliS~.Tn.:il~[~ approval, construction plans and ~...~...~1 Sbb~di.'.gt'~'[~'i!?la't'i'shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receive approval of a Site Development Plan in conformance with the requirements established within S~ct;or, 10.,~ of %=~1 Ull IOI I~,~ ....... ,:, ..... , ........................ . ............................ '-,',,,,,~ The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of-~ t'~'~[:~d~e~suS~iwslon as ~.reau[F6~- b~.DrE'~'~'~-~.~.~.~.:~.~.=,, :?._....~ .......... The owner may ~ make adjustment to the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the zo~,;c,~ o,.,,.,,.,,,,,o,u,, ,=~,.,,o,,,..,,,= Co her Coun~-~[:iifiEiDii~-iilS~-~iiht:C-6Ef§. 5 APR 1998 .,. o?¥ _- TOTAL 14,1 - 39.9 ~ . ~ . Per Z.O. I ~0 ~ . Per Z.O. 150 IIIIIIIUI%OITG FIUOt. II OlI,./llll~l LIlT TO,OI. IJi,Ji,.dlli, JOI If ~JI LIlT I~1~*,,~1 LIII.~II, JI,,JKG · IOLO Ti-,:s -- --' ' -- '- - ' · 6 APR 2 8 1998 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENT.q Prior to the recording of a Record Plat, for all or part of the PUD, final plans c~f all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County ~bd[v~&',or," .... '--'--- ~ '~' ' .......... -~w~,o~,~,,o ~~...~..'~~ and the platting laws of the State of Florida. 7 APR 2 8 1998 2,6. A~tachment "1", the PUD Master Plan, constitutes the required PUD Development Plan, Subsequent to or concurrent with PUD approval, a ~l.!~!".~.~~Subdivision p~ii~M~'P~ shall be submitted for the entire area covered by the PUD Master Plan, All division of property end the development of the land shall be in compliance with the Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. ~NAL PROJECT STREETS TO BE PRIVATE All platted streets within the project shall be private and shall be the common property of the proiect landowners. 8 APR 2 8 1998 oo 3.A.1. 3.A.2 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Master Plan). USES PERMITTEn No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Automobile service stations. Vehicle cleaning, service and repair facilities are permitted, except for repair facilities involving engine removal, body repair, or painting 2. Hotels/motels 3. Offices J Se Financial institutions Medical offices, laboratories, clinics, health improvement facilities, nursing homes, hospitals Restaurants (conventional, fast turnover, and/or fast food); cocktail lounges; night clubs Drive-in facilities for permitted uses Food stores, drugstores, retail stores, personal service uses, supermarkets, movie theaters, and associated uses which are characteristically located in shopping centers Automobile dealerships, which may include service and repair facilities 10. Commercial and non-commercial recreational usea and 9 APR 2 8 1998 11. Civic, cultural, religious, and public service uses and facilities 12. Shopping centers 13. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. Accessory Uses: Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 3.A.3. DEVELOPMENT STANDARDR A. Minimum Yards: 1. Front: 15' 2. Side: none, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. 3. Rear: 25' 4. Lakefront: 0' 5. Any yard abutting an exterior boundary of the 39.9 acre tract: 6. Distance between structures on the same site: the building heights. Maximum Hotel/Motel Density: 26 units per acre. Minimum Hotel/Motel Unit Size: 300 square feet. 25t. One half the sum of APR 2 8 lgg8 10 De Ee Maximum Building Height: Three stories above ground level parking. Taller buildings may be authorized at the Site Development Plan approval stage, provided that in no event shall building height exceed ten stories. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, and that the taller building will not depreciate the intended character and quality of the overall project or of nearby land uses. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. Utilities: He Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. Offstreet parking required: As determined by the Collier County Zo~:~ Crd;~a~,ce EDC in effect at the time of Site Development Plan application. Signs: As permitted by the Collier County S~c, C:~,;,~;.~ce LD'Cin effect at the time of sign permit application. 11 APR 2 8 1998 llU I,JI,,JIIT~Iiii~i ~!~' ! t,JI LI~III~'~,,/|i, ~llgil ~ gBG%,,LQW,,iICi LTaiO r~,li UIIG t I*,/I IQIIT,,I 6~. Commerces: o,,d r,,:,r,-¢ommer¢:,~: ,,,.,,o,,,.,,,o, ,.,o,~o o,,d '-" , v. G6i~6i'5 12 k~i~JG. Ill./IJGi I~/I g IIIIIIIIIIUIII I./i II¥1J ~i,II iT;GL V¥ILII Idlli./IJ;)LIId~.~LGTi, i J./OOOO~ji3 UIIT~ Il(Ill I. II~ Jldlll iJi ...............-' '- ~'--' ....... '- ........... - Prlor'- qDYGIIL OIIOil tJL/IIIMIII~ IIGI~IIL ~ABMIGaG~,J iq~ll OLTk/II1G~)* &Ik/ ~.,uiJdi~G, d6~6~FF,;~&~O~o,,oJ,'-" ~.,~,,,au-'a ~,6 Co~r,~y- L,,OL L,m ......... ,,aLu, u u, ~,~ T,aOg %%J lllil~,~ll illg &,/~llllkJlllG 14,~ iV idlg IC3YI, JL lYOl/OllL~g~ LIINGi DIITM LIIG2L LIIO LGIIi~I I,/Idili%dllll~ frill Ii/k/I) ~,JIG~JiI~Tk~IC3LI~ LILT; III/CalIIMG~ rk,~IIGIIOIMLgl Ollldl S,lUOIILy gl LIICJ I.)VGICIII i~iujgS, L ~Ji Ul ilggluy IGJlll~l IVlGil.,liOlli. JlO~ ,4)Lt.,/l~2~lG (~llI. J UlOF./li~y. 13 /"%0 ~,~l~iilili, Lgtd ijy LIl~ ~,~Ik/lllGi ~M'~a/IMIIILy ~,,llll~ll Tk~IIINIIIIOIII,~G III I~IIGTML OL LII~ LIIIIG O1~1~ I I J, Jgl I I II i, 14 APR ~ 8 1998 3.eB.1. 3.eB.2. SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT e B, The purpose of this section is to set forth the development regulations applicable to Tract e of the Northbrooke Plaza project. (Refer to PUD Master Plan). USES PERMITTEI3 No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. Single and/or multiple family residences Housing facilities for the elderly and infirm, including medical and other support facilities and services incidental to the operation of the project on behalf of project residents Family care facilities, group care facilities (Category I), care units {not including uses found in group care facilities, Category II}, nursing homes (subject to Section ~.~.'~-~.~. of the Collier County ~ 4. Civic, cultural, religious, and public service uses and facilities e Social, recreational, and related uses whose primary purpose is to serve the residents of Tract Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. m Signs as permitted by the Collier County ,C;~,-, C;~,;,-,~ time of sign permit application. 15 APR 2, 8 1998 3.e~.~..3.DEVELOPMENT STANDARD,e A. Minimum Yards: 1. Front: 25'. 2. Side: 3. Rear: 10' or half the building helght, whichever is greater. 25'. Any yard abutting an exterior boundary of the 39.9 acre tract: 40'. Distance between structures on the same site: one half the sum of the building heights. B. Maximum Building Height: Five stories above ground level parking. Taller buildings may be authorized at the Site Development Plan approval stage, provided that in no event shall building height exceed ten stories. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, and that the taller building will not depreciate the intended character and quality ol the overall project or of nearby land uses. Maximum Residential ~2~..~..~...~.'..~t'6~ units per gross tract acre. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. Offstreet parking required: As determined by the Collier County Zo~-,~r,~ '~ ...., ............................... ~ at the time of Site Development Plan application. Signs: As permitted by the Collier County =:~, in effect at the time of sign permit application. .............................. 16 APR 2 8 1998 4,1 · 4,2. SECTION IV DEVELOPMENT COMMITMENTS .The purpose of this section is to set forth the development commitments for the Northbrooke Plaza PUD project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision ~ lind all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specif'~.ally noted or stated otherwise, the standards and specifications of the official C~ud[y ,.~,,,,~ ~,,~,,,o,~.= o,,u ,,~,,u,,,o,~,,, ,,=w~,o,~-~- in effect at th~ time of Site Deve!opment Plan/Subdivision ~ approval(s) 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 agrees to follow the Master Plan and the regulations of the PUD as adopted end any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, ;h6 c'ot~,~' to any successor or assignee in title ..~j'__~ ~ commitments within this agreement. 4.,~. SCHEDULE OF DEVELOPMENT ':The PUD applicant will not be the end user of the Improved sites to be established in Northbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, it is estimated that project development will be initiated in ~3G-2~i~.8, and that development of the Individual sites within the project will be concluded by the year 4.~. TRANSPORTATION iii ~1111 I~ planned to b~ c:oao~ ~9oc, '[-[,,. four fantaG of,,,,,,~o,.~' ..... ,.~o~ .... ,,~,,, ..... 1-75 [~ ~" 18 APR 2 8 1998 __P,... ,~'~ _ ~ s:gn~:iz~ ..... o~:mum DhGs:F,g .,,~ t,m~nG. ~-, ,.,,, ,.,,~o ...~,u ~ :G~s~ ~ 9h ~ ' ' and I~111~1 t 19 /~,;g~T~,/1 &lit;} I,,,IT~Vt~ll,,/~T~l ,g, llgll ~lOl&lT~,~l~,,lOL~ Iil LIIT~ l,~,t,/,g,L I,,/; T~AL~ilIJIIi~iII %,,/131~ i,/glJit~VOllJ lilT; T.IT~¥1gll,.l~'~l OIIOII ~111~1¥1~ 1311.t;~liOI IIDVI~I OI.I;T;L Ii~lii. lli~ {31. ~liQ I~I~j~,,,L GliLIOIII~G, J'q,,~,,~T,~G~l,O IIIIIJI~,JVGIII~IIL,0, Ol1(311 il~,Jt. ~ OI.IL./JG~L LU~ llllI, JCl~,d'L I~GG q~.l~T.,llL,O CillT.i ~lllOli t/T; III IilTJ~JT.,,GU ~JlI~VVLII licit) LILT; IJTJLGIILIOi T, Ji ~4,~iGOLIII~ T,,ol,,~o~,.ILy T. iGII~.~IGIIT,~IGO ~/li ClUJC]I.,,GIIL 4.~o5. WATER MANAGEMENT Ao A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval, IIIG IUIIUII ~I1C~iC3L~TJ uy Lil~ ~JIT~J. JTJ~)q~T.i il~jllL'rUI-YVC3y tJli LliC; tGO~)L I~IT, JI~GI Ly ~IU~; ~IIC311 L,ZG IIIT~T. JII~TJIC3LGU v¥ii. Ii LILT;; III(.3.)LGI IVC3LC;I IIIOIIC3~GIIIGliL oy~ILGIII. APR 2 8 1998 2O )~ TiTteen toot { ib'} maintenance easement along the Cocohatchee Canal adjacent to the west and south property lines shall be dedicated to the Big Cypress Basin for maintenance. Final exact locations {beginning and ending locations) shall be established on the final recorded plat, .F. C~oh~ch~~,~ ..... ,~, ~'------~ ........ ~-~ ' ~' -- ....... 4.:)6. ~ A. This project shall be designed for central water and sewer systems. 1L l,,3. {311LIblI.JQLCU LIIOL LIIG ~,.,,UUlILy VLIIILIG.3, i.;IVl,31~/il VYlll U'ILIIIIOLGly ,OTk/I,./~,Jly I,J~.;LOUiG IllJglllii gil OlL~ I I II;; th6 J, JilC]O~ ~JI LII~ I, JI~JJG~,L. 21 APR 8 1998 4.0.7,. ENGINEERING Access into each tract as shown on the master development plan is informational .... road only. A'C~S$' . . .'abel ~.iti~i~s<rlocation ~ is subject to Subdivision Master p+a~ ~.[a~i. or SDP approval. Th~ -- -? J.L BIG ~iUjG~L the ~,~ typo that,,,,,--"' b~ roqu~red L~ prov~d~ ~ Lu ,,,~ ~urround~r,g This project shall be reqUired to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B.C. Detailed paving, grading, site drainage and utility plans shall be submitted to construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by '.t.'.~i~ Project ~,~v[~-,v ED. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. 6olI:er County CCd' "- O0 28 and" ..... jm~, ..... ,,,_. o,,o,, ~-.~-.~-,un-, setback requlren~er, t~ Ordinance "'- "" "" 22 APR 2 8 199~1 4.9~. ENVIRONMENTAl A protected species survey, specifically for gopher tortoises _ ..~Y.?~33~_ ), s .hall be conducted in accordance with the requirements of the r~)rma [.~arne eno Fresh Water Fish Commission within slx {6) months or less of Site Development Plan {SDP) of~l~~ Subdivision Master Plan submittal. 0 Wetlands shall be flagged by the developer, to Include ~Co!!ier ~Cou, nty ~rl~d .i~io I I~ ine~s, end s____~___!!_be___field va..rl~.....b~.. ~ Collier County., ~,~¢[ ,,6v,6w ~,~v;,-~,r,~r,;~= C;~;; prior to and as part of the SEe Development Plan/Subdivlsion Master Plan approval. Said approved wetland boundary shall be indicated on the SMP and final site development plan/construction plan. All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed prior to final (site development plan/construction plan} approval and designated as a conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704.06. An exotic removal, monitoring, and malntenance (exotic-fre~) plan for the site shall be submitted to Projec[ ~,~v;~-,- ~,~,-~c~s ~~l~j~ Environmental Staff for review and approval prior to final site development plan/construction plan approval. Ee The developer shell be subject to all environmental ordinances in effect at the time of Sit6 approvals. The 0.49 acre wetland area located in the southeast corner of the site shall be mitigated to comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. 4.te~. ACCESSORY STRUCTURES Accessory structures must be constructed s~multaneously with or following the construction of the principal structure. All signs shall be in accordance with the Collier County ' · at the time of building permit application. S~g~ 4.+E!1. 4.+S~2. 4.'1-4~3. LANDSCAPING FOR OFF-STREET PARKING ARE4C All landscaping for off-street parking areas shell be in accordance with the Collier County Zoning Ordinance in effect at the time of construction plans application. LANDSCAPE BUFFE~ A landscaped buffer a minimum of 20 feet In width shall be provided adjacent to all perimeter boundaries of the 39.9 acre tract as well as between residential and non-residential uses of the 39.9 acre tract. OPEN SPACE REQUIREMENT A minimum of 30% of the total acreage of this PUD shall be left in open space in accordance with Collier County Ordinance No. 89-42. At the time of submission of the ~'..~.l~r~Subdivision M;~r ,"~&~{~} a minimum of 30% of the total acreage of Tra~ A, [~:~a minimum of 30% of the total acreage of Tract B, =,,u = ~,~r,~,~ ~f ~' of this PUD shall be identified as open space. ~n [h~ CM~}; This stipulation is designed to ensure that the 30% open space requirement is applied to the prope~y in the aggregate or as each tract is developed ~',~ ,,~ ,~,,,~,~, r~,,,k). 4.16~POLLING PLACER Rooms shall be provided within common areas for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County S, upervisor of Elections. 4.1-75'CO NCURRENCy Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, or buildin~ r)ermit issuanc~ applicable to this project. ^~~ APR 2 8 1998 24 ~...Z//,~ _EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION REPRESENTING THE COLLIER Og CO mSS O BE CHANGED TO TEAK WOOD DRIVE; 3~ AVENUE N. W. IS TO BE CHANGED TO CORAL WOOD DRIVE; AVENUE N. W. IS TO BE CHANGED TO HICKORY WOOD DRIVE; AND, 7TM AVENUE N. W. IS TO BE CHANGED TO CHERRY WOOD DRIVE. ~ To change the above referenced numerical street names thereby providing consistency in this well defined area consisting of adjacent Golden Gate Estate Units 32 and 95. CONSIDERATIONS~ The area consisting of Units 95 and 32 is bounded on the west by the Vineyards PUD/DR.I, to the north by Vanderbilt Beach Road Ext., to the south by Pine Ridge Road, and to the cash is terminated by the DI Canal. This area is well defined by these boundaries and thus it makes sense to have a consistenl street name theme. Further, these east-west sweets tenninate at the Vineyards PUD on the west and the DI canal on the east. Since they are somewhat isolated from the numerically named streets located east of the canal, providing different street names will enhance the ease of locating residences for Emergency Service Personnel. On October 28, 1997, the Board heard several public petitions to rename streets in Golden Gate Unit 32. Specifically, the Board approved the r~mming of 2" Avenue SW, ,~'" Avenue SW, 6~ Avenue SW, and 8~ Avenue SW to Mahogany Ridge Drive, Carrotwcod Road (subsequently'renamed Palmetto), Tamarind Ridge Drive, and Sycamore Drive, respectively. During figs hearing, the Board expressed concerns over the impac?s of such petitions on fire and other emergency services, especially when approved on a piecemeal basis. Commissioner Constantine ~lvised the BOa~ would be working with residents in this area and would be bringing forward 'Il7' BI rename' thc four streets directly north of those streets renamed on October 28, 7. APR On February 24, 1998, during the Board's regularly scheduled metqing, staff was given formal direction to rename the subject streets as indicated above FISCAL IMPACT: Street signs cost eppro~atcly $100.00 each. It will b~ neccssary to purchase one sign for each of these str~'ts. Fun& m'e ~ailable to pay for these signs (and the installation) in the Road and Bridge Fund, Traffic ~ons (101-163630). GROWTH MANAGEMENT IMPACT: Renaming thet~ ~treet~ will have no impact on thc Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve these four separate resolutions to rename the subject streets ~ indicatcd in the title ofthis cxecufve SUBMITTED ~inccnt A. Cautero, AICP, Adminim~tor Communi[y Devclolm'~-m & Enviromncn~l .,%rvices APR 2 8 1998 Map 1 Gener-~l aren Units 32 & 95 Map 2 Units 95 t~PR 2 8 1998 MEMORANDUM DATE: TO: FROM: Fcbmnx7 6,1995 Robert F. Fernande~ County Admlnislra~r Timothy ~I. Constaa~ "Lo~an Woods" Strut Name Is, A number of street n~me~ had been mbmit~ to Commani~ Develol:~nent/~_~,,.~ for cro~ referencing ~t ~l~'oval for usc. Listed below ~e four (4) street names which Avenue lqW Avenu= NW Avenu= NW Avenue NW Teak Wood Drive Coral Wo~t Drive I-Iicko~ Wood Drive ~ Wood Dr~ve When can we expect to move ahead with these changes per Board of County Cor~r~issioners di~-ct~on of October 28, 199'~ Please advise as soon as possible. you. Timothy J. Constan~ Commlqioner, District 3 TJC:cb cc: _~_'chael A. McNees, Interim County Manager ,,,/Vincent A. Cama~, Ad,,~;,~-~af~r, Community Development Servi~ APR e 8 1998 3 4 S & RESOLUTZON NO. 98- WHEREAS, the Board of County Commissioners is authorized pursuant to au[hogity of Chapter 336.05, Florida Statutes° to name or rename streets and roads, except for certain state ~oads; and WHEREAS, the Board of County Comnttsstonegs has been requested to confirm the renaming of 1st Avenue N.W. ~o Teak ~ood Drtve~ 3r~ Avenue ~.w. to Coral Wood Drive, 5t~ Avenue N.~. to Hickory ~ood Drive and V~ Avenue N.W. to Cherry Wood Drive. These streets are located in Section 4, Township 49 South, Range 2( East, Collier County, Florida, Golden Gate Estates Uni~ 95, according to :he plat thereof, recorded in Pla~ Book 9, Page 45, of =he Official Records of Collier County, Florida; WHEREAS, there appears ~o be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of these streets, NOW THEREFORE, BE IT R£SCLVED BY THE BOARD OF COUNTY COHHI$SIONERS OF COLLIER COUNTY, FLORIDA: T~e name of these streets are hereby changed from 1~t Avenue N.H. to Teak Hood Drlve~ 3re Avenue H.~. to Coral ~ood Drive, 5~ Avenue N.H. to ~s Hickory ~ood Drive a~d V~e Avenue N.W. ~o Cherry Wood Drive and a~e 3s confiL'~med as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the ~e Publ£c Records of Collier County~ Florida, and noted upon ~he maps of the 30 street and zon£nq a~lases of Collie~ County, and notations made on the 40 referenced Pla~. 41 42 43 44 APR 2 8 1998 This ResoluCio~ adopted altec motion, second and majority vote. Done this day of , 1998. ~ ATTEST: 10 ~3 DWIGHT E. BROCK, Clerk 14 1s Approved as to Form and Legal 1~ Suff£cienc¥: 2o Assis=an= Coun=y 2~ BOARD OF COU~'TY COMMISSIONERS COLLZ£R COUNTY, FLORIDA BY: BARBAP-A B. BERRY, Chairman PETITION AV 98-005 TO VACATE A PORTION OF THE PLATTED I0' WIDE DRAINAGE EAS~ ON LOTS 3, 4, 10, 11, 27, 28, 32, 33 AND 37, TRACT 5, ACCORDING TO THE PLAT OF "PELICAN STRAND REPLAT-IB' AS RECORDED IN PLAT BOOK 29, PAGES 23 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FIX)RIDA. ~: To adopt a Resolu~on to vacate the above-de~:n~ved easements. CONSIDERATIONS: Petit/on AV 98-005 ha~ been received by the T~tion Serv/ce~ Department from Karcn Bishop of PMS, Inc. of Naples, as agent for the petitioner, Pelican Strand LTD., reque~'ting the vacation of the above-described easements to accommodate propo~ ~nd existing construction improvements. The platted easements are 10' wide, but the required minimum width is only 7.5'. Letters of no objection have been received from all pertinent agencies. The Transportation Services Depa~h, ent has rev/~wed the Petition and has no objection. Zoning is P.U.D. FISCAL 1MPACT: Collier County has collected a $I,000 "Petition to Vacate" fee from the p~tifioner, which will be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None RECOMMENI)ATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AV 98-005 for the vacation of the above-described easements; 2. Authorize the execution of the Resolution by it's Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records; and 3. Request Se Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY:~~ REVIEWED BY--tot REVIEWED B~c Ed II~hner, Public Work~ ^dminimator DATE: DATE: ,:~-'/"7 ---~ RG/AV98-005.doc I ' AG~NOA ITLIII 2 1998 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 95- RESOLUTION FOR PETITION AV 9{-005 TO VACATE A PORTION OF THE PLATTED I0' WIDE DRAINAGE EASEMENT ON LOTS 3, 4, I0, i I, 27, 28, 32, 33 AND 37, TRACT $, ACCORDING TO THE PLAT OF "PELICAN STRAND REPLAT-IB", AS RECORDED IN PLAT BOOK 29, PAGES 23 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, Karen Bishop of PMS, Inc. of Naples, as agent for the pet/tioner, Pelican Slrand LTD., does hereby r~lueSt the vacation of the above-described easements; and WHEREAS, the Board has this day held a public hearing to consider vacating said easements as more fully descn'bed below, and notice oft, aid public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'I=Y, FLOR.IDA, that the following be and is hereby vacated: See Exhibit "A' attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form a~d legal su ffic. iency: Assi~nt Co~ A~omey BY: BARBARA B. BERRY, Chairman APR 2 u 1998 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR I=dM'llt}l J 'A' TRACT 6 LOT 3 OF PELICAN ~TRAND REPLAT 1-B (PLAT BOOK 29 PAGES 23.27) SITUATED INA POt~SECTION 18, TOWNSHIP~~~E~T A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 3 OF PELICAN STRAND REPLAT 1-B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 3 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ~ DA'rE SIGNED: .... ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LEb~6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) LEGAL DESCRIPTIONS OF PARTIAL EAS~E~ VACATION FOR TRACT ~ LOT4 OF PELICAN ~rRAND REPLAT 1-B (PLAT BOOK 29 PAGE,S 23-27) ~iTUATEDINA POICIX)N OFSECTK~ 11o TOWNSHIP41 ~OUTH RANGE2~ EK~ A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 4 OF PELICAN STRAND REPLAT 1-8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET SOUTH OF THE NORTHERLY LINE OF LOT 4 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTHERLY LINE FOR iTS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVlCES, INC L1~I~6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) APR 2 8 1998 I / / t / / 14. EXHIBIT 'A' LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT E LOT 10 OF PELICAN STRAND REPLAT 1-B (PLAT BOOK 29 PAGES 23-27) ~I'UATEDINA PORTION OF~CTION I~, TOWNSHIP48 SOUTH RANGE 26 EAST A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 10 OF PELICAN STRAND REPLAT 1~ AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 10 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL VVITH S/MD SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LIN~6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) ~.1997 EXHIBIT *A* LEGAL DESCRIPTIONS OF PARTIAL ~ENT VACA11ON FOR TRACer ~ LOT 11 OF PELICAN ~'RAND REPLAT 1-B {Pt.&T BOOK ~ PAGE~ 23..27) 8~'nJATED IN A POI~IO~ C~ 8~CTION 18, A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 11 OF PELICAN STRAND REPLAT 1-8 AND WHOSE CENTERUNE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET SOUTH OF THE NORTH LINE OF LOT 11 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTH LINE FOR ITS ENTIRE LENGTH. PREPARED BY: / ROGER H. HAP, RAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LB4/6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 DATE SIGNED: (SEE ATTACHED BOUNDARY SKETCH) ca ~ o 3 ,,Og,$~.gz S ,TZ'VZI 3 ,,0£,8£.9Z S ~98 Dec~'nber, 1997 EXHIBIT 'A' ~v LEGAL DESC~PTIONS OF PARTIAL EASEMENT VACATION FOR TRACT E LOT 27 OF PELICAN STRAND REPLAT 1-B (PLAT BOOK 29 PAGF~ 23-27) · 'TUATED INA ~OF~EGTTON 16, TOWNSHIP46 5OUTH RAthE26 EAST 14. A STRIP OF LAND 2.5 FEET IN WIDTH srrUATED IN TRACT 5, LOT 27 OF PELICAN STRAND REPLAT 1-B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 27 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LB~!~572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 33 (SEE ATTACHED BOUNDARY SKETCH) Decemt~,1997 EXHIBIT 'A' LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT $ LOT 28 OF PELICAN STRAND REPLAT 1-B (PLAT BOOK 29 PAGE~ 2327) SFI'UATED IN A PORTION OF SECT)ON 18, TOWNSHIP 48 8OUTH RANGE 2~ EAST COU.,IER COUNTY. FLOR~A 14. A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 28 OF PELICAN STRAND REPLAT 1-B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOVVS; BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 28 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL VV1TH SAID VVESTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LEMI~6572 9200 BONITA BF.,~.CH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 DATE SIGNED: (SEE ATTACHED BOUNDARY SKETCH) 3O ~8 1998 December, 1997 EXHIBIT 'A* LEGAL DE,.~RIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT I LOT 32 OF PELICAN STRAND REPLAT 1-B (PLAT BOOK 2g PAGE~ 23-27) 61TUATED INA PORTION OF SECTION 18, TOWNSHIP48 ~,OUTH RANGE26 EAST A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 32 OF PELICAN STRAND REPLAT 1-B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOVVS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 32 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ~DATE SIGNED:. ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LB~:~72 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) December, 1997 LEGAL DESCRJPTIONS OF PARTIAL EASEM~ VACATION FOR TRACT $ LOT 33 OF PEUCAN STRAND REPLAT (PLAT BOOK 29 PAGES 23-27) SrrUATED IN A PO/:rrK~ OF~ECTX~ 18, TOWNSHIP48 SOUTH RANGE2~ EAST COtLJER ¢OIJNTY. FLORn~ A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 33 OF PELICAN STRAND REPLAT 1-B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 33 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID WESTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ~(~~-~~~~ DATE SIGNED: ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LBat6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS. FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) December, I gg7 EXHIBIT *A* LEGAL DESCRIPTIONS OF PARTIAL EASEME~ VACATION FOR TRACT $ LOT 37 OF PELICAN STRAND REPLAT 1-B (PLAT BOOK 29 PAGE~ 2327) · T1JATED INA PORTION OF SECT)ON 18, T~ 48 ~JTH RANGE 26 EAST 14. A STRIP OF LAND 2.5 FEET IN W1DTH SITUATED IN TRACT 5, LOT 37 OF PELICAN STRAND REPLAT 1-B AND VVHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 37 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL VVITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ! ROGER H. HARRAH LS~5294 COMMUNITY ENGINEERING SERVICES, INC LB~6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) / / / / / / / / "" ATTA~ B FE'1THON FORM ]=OR VACATION OF PLATS OR PORTIONS OF ]:'LA'TS OF SUBDIVIDED LAND (EX~ POR VACATION OP PLAT AND SI]~RJ~TAN~OUS REPLAT) Petitioner (Ow~r): ~elican Strand LTD. a Florida Limited Partne~hio Address: 1~21 Air~ort Road North #1 . Telephone: f,9411 592-7344 City/Stat~: Naples. Florida Zip Code: 34109 Agent: Karen Blshou f PMS Inc. 9fNaDl~) Address: 2335 Tamlaml Trnll Horth Suite 408 City/State: Naoles. Florida Telephone: (~111 435-9080 Zip Code: 34103 Address of Subject Property: Whis~erwood Court 5831-588'7, Rolllnn Oaks Drive 5890-5922 City/State: Naples. Florida Zip Code: 34109 Location: Section 1~ Township 48S Range ~6E Legal Description: Lot Block ~ Subdivision: Pelican Strand Reulat Phase IB fTrnct SI Plat Book ~9 Page(s) 2~-]7 Unit Reason for Request:. Reduce the easements 2.5 feet on either side of the existln2 easements Current Zoning: PUD Does this affect density? NO January 26. 1998 Signature of Petitioner (Owner) '" / Date / No Roberl Paul Hardy Feleefeel Print name / (Title) Please see "Policy and Procedure of Vacation and Annulment" for the accompany this petition, and deliver or mail to: ~st ot supportive materials wl=iich must ~...).~ . Transportation Services Collier Count)' Government Complex Naples, FI. 34112 *(I) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applic;u~t is a partnership, limited partnership or other business entity, indicate the name of principles. ROBERT PAUL HARDY, PRINCIPAL List all other owners. ! ! ! ! ! ! er m C4,.,~ e~ Mtddlesex Sm, et ~assach~setta Strand, Lcd., · Florida limited pax~nership, ,4,,,,~d~,k 2706 S. Xorseshoe Drive, Xaplel, I~Aorida 339&2 ......... S~Jec~ to ~escricti~, ~ese~ati~ and easements cg record, i~ any, and c~en Grantors here~ ~a~c tha~ no~ n~ ~o~ has no~ c~i~s ~bere~o. S~bJ~c: to ct~, ~os c~d o~n~rat r{ghts of record. . .' .. ~-4.~.4"? ~rinted t:ame: Ann Trat~r ~itness ~ OF ~ss,c~etto I I I 1 dR: 2111 l~: 0655 ......... I I APR 2 8 1998 41 I I I OR: 2117 PG: 0656 '"L"~. X DXT A' (2m:),2 2 o~ 2) ] APR 2 8 1998 6997 COLLIE~ JNT EARNED ~T DUE vl~u~ 7~788,07c DUPL.LLA I E 4~.COUNTYIN NOTICENov _-. IN DEC / . ~.F?_ AD VALOREM _TAXES .AND...N. ON-_A~. VALOREM ASS~.SMENTS 2X SN dAN! lZ. IN FEB! OX SN MAR Aa YA4.0QV. II TAJ;Z.S 3.7265 29,022.28 5.8340 45,435.65 bb rg?~?b~ 115,433.34 PELICAN ~TRAND T IAi ?O~ON or TRACT F LYING N OF PELICAN STRAND REPLAT-1A PAID - 98/01/2~92 113~124.67 RECe 2583. GUY L. CARLTON - TAX COLLECTOR 0000066679700762 0011543334 0000000000 00000 SIO~ ~OR PORTHL4 I~':~:CR:JATION THIS ARIA FOR T~ C:LL£CT:R'$ OF:'.: :.E O.,L¥ APR 2 8 1998 ,~.. COL! R COUNTY GOVERNMENT COMMUNITY DEVELOPMEN'TAND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES January 5, 1998 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Ms. Gail Anderson Project Management services, Inc. 1335 Tamiami Trail North Suite 303 B Naples, FL 34940 Re: Vacation Of Drainage Easements for Pelican Strand Phase lB Plat Book 29, Pages 23-27 Dear Ms. Anderson: This letter is in response to your request for a staff determination of no 'objection to a proposed vacation of 5 feet from the drainage easements as referenced Jn your letter of December 29, 1997. Please note that th~ ~eview is £~um a planning standpoint only. From the information provided, it appears that the proposed 2.5 foot vacation on each side of the drainage easement will reduce the width of the easement from 20 feet to 15 feet. Based on this information, the proposed vacation will not adversely impact traffic circulation or building setbacks. In addition, the LDC allows for a 15 foot drainage easement when drainage pipes are used. Therefore, the Current Planning Staff has no objection to the above referenced 5 foot vacation from a portion of the drainage easement which will reduce the width from 20 feet to 15 feet. Researched and Prepared By: Ray Prin~lpal Planner Reviewed By: Current Planning ~anager cc: Donald W. Arnold Robert J. Mulhere John Houldsworth Russell Muller Norma Boone Building Resdew & Permitting~ Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Plannin~ Services Pollution Control (941) 732-2505 (941) 403-2300 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 January 2, 1998 Ms. Gall Anderson PMS, Inc. 2335 Tamiami Trail North, Suite 303B Naples, FL. 34940 RE: Drainage Easement Vacation Pelican Strand Phase lB Dear Ms. Anderson: This office has reviewed the proposed vacation of 2.5 feet on each side of the 20 foot platted drainage easements, and we offer the following. The Collier County Land Development Code Section 3.2.8.4.7 (2) requires drainage easements with facilities within them to be 15 feet in width. Therefore, thi~ office has "no objection" to the vacation and reduction of the platted 20 foot drainage easements to 15 feet. If I can be of any further assistance to you in this regard, please let me know. Sincerely, John R. Houldsworth Senior Engineer Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural P,,e~ource$ Planning S~rvle~s Pollution Control (941) '732-2505 (941) 403-2300 COI.I.IER COUNTY GOVERNMENT PUBLIC WORKS DIVISION January 5, 1997 Ms. Gail Anderson Project Management Services 2334 Tamiami Trail North, Suite 408 Naples, FL 34103 JAN 0" 1998 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A CERTZ~ED BLUE CHIP CO~LMU~ITY Re: Pelican Strand, Phase I-B Plat (Drainage easements between Lots 3 & 4, between Lots 10 & 11, between Lots 27 & 28, between Lots 32 & 33, and between Lots 36 & 37). Dear Ms. Anderson: This office has reviewed your request to vacate the above-referenced drainage easements. The Collier County Water-Sewer District has no water and sewer facilities within the area, and we, therefore, have no objection to the vacation of the above-referenced drainage easements. Should you have any further questions, please feel free to contact me at 732-2571. Sincerely, Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works OPerations Director/Interim Water Director Tim Clemons, Wastewater Director Russ Muller, Transportation Services John Houldsworth, Community Development I APR 2 8 1998 L :Pro~e~ ~anc~ge~en~ Services December 2 9, ! 9 9 7 Mr. John Bo[dT Collier County Stormwater Management 3301 Tamiami Trail E. Bldg. H Naples, FI. 34112 RE: Pelican Stra~d Phase 1 B Plat Pl~t Book 29 Pages 23.27 Dear Mr. John Boldt: We are in the process of reducing the feet of the drainage easements for the above named project. AttAched please find five (5) exhibits of the proposed vacaticf, ~; '-.asemems. Please sub~il to our office a letter of 'No Objection' to this plat for Collier County Planning Services, stating you have no objection to the proposed vacation of easements. If you have aw questions, please call me at your earliest convenience. Sincerely, G^il Andes, or, Pr0jeo Cocmdi~ato~ Att.~.h.ents ~s ,~oted 2335 T~ia~i T~dl No~h - ~ }O3B - ~ flmi~ ~o3 28 MediaOne' This is Broadband. This is the way. 301 Tower Road Naples, FL 34113 Telephone: 941-732-3801 FAX: 941-992-1289 Januaw 15,1998 Gall Anderson PMS, Inc. of Naples 2335 Tamiami Trail North, Suite 303B Naples, FL 34103 Re: Pelican Strand Ph lB Plat Plat Book 29 Pages 23-27 Collier County, Florida Dear Ms. Anderson: MediaOne~D has no objection with the reduction of the drainage easement for the above referenced project. Please call me if you should have any questions. Sincerely, Construction Manager SWH/jdr APR 2 8 1998 · -" I Sprim 2477 ,~pl~s. florida January 21, 1998 Ms. Gall Anderson Project Coordinator PMS, Inc. of Naples 2335 Tamiami Trail North, Suite 303B Naples, FL 34103 Petition to Vacate Drainage Easements - Pelican Strand Phase lB / SEC 24, TWP 48S, RNG 26E, Collier County Dear Ms. Anderson: Sprint-Florida, Inc. has no objection to your petition to vacate the various drainage easement described in your letter dated December 29, 1997, on the above project. If we can be of further assistance, please contact me at 941-263-6211. Sincerely, Dennis N. Corliss Network Engineer II - E&C DNC:tu cc: Chron File APR 2 8 1998 ................ I ~~ Nor{h Na~le~ Fire' Con{roi & Rescue Di~{ri,{ FIRE PREYENTION BUREAU 1441 PINE RIDGE ROAD * NAPLES, FLORIDA 34109 (,4~) ~07-~27 ~~~~ FAX (941) 597-7082 JAN 1 ' 1~8 ~ January 12, 1998 Gall Anderson PMS, Inc. 2335 Tamiami Trail No. Suite #303-B Naples, FL 34103 RE: Pelican Strand ~ phase IB plat Dear Gall, The North Naples Fire Control and Rescue District has reviewed request for vacating easements and the above reference4d we have no objections to this change. If you have any questions, please me a call. do not hesitate to give Sincerely, NORTH NAPLES FIRE DEPARTMENT Karl K. Reyl Fire Marshal Fire Prevention Bureau KKR:sc AG~N04 IT(J~ · APR 2 8 1998 ,,;.... G FPL December 30, 1997 4105 15th Avenue S.W., Naples, FL 34116 Fox (941)353-6082 ~'i'~t~'~~ JArl 0 1998 Gall Anderson C/O PMS, Inc. of Naples 2335 Tamiami Trail North, Suite 303B Naples, FL 33940 RE: Pelican Strand Phase lB Plat Dear Ms. Anderson: Florida Power & Light Company has no objection to the reduction of the drainage easements at 5 locations in Pelican Strand Phase lB from 20 feet to 15 feet wide as explained in your letter dated 12/29/97. If you have any questions, please contact me at (941)353-6001. E.T. Howard Construction Services APR 2 8 1998 ~e.?.~ 89'26'00' w lg14.05' 528.64' 314 ~g ~8 NO. SUBDIVISION P.B. PG. ii, i ,. t llll[ lthii!h, BOARD OF COU ~ COMMISSIONERS co~u. cou~ NAPLES, FLORIDA 33962 ADDRESS [062[ Af.~:oo~:t Rd. ~C~ ~aptes DATE_t/30 19 98 ..CHECKNO. 003050 I~OICE NO .... T- APR 2 8 I~98 ey Terr[ ~eyer CUSTOMER COPY I EXECUTIVE SUMMARY, PETITION AV97-029 TO VACATE A PORTION OF A 7.5 FOOT WIDE DRAINAGE EASEMENT IN LOT 1, BLOCK C, AND TO VACATE A PORTION OF A 7.5 FOOT WIDE DRAINAGE EASEMENT IN LOT 9, BLOCK C, ACCORDING TO THE PLAT OF "BRIARWOOD UNIT TWO", AS RECORDED IN PLAT BOOK 22, PAGES 92 THROUGH 94, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. , OBJECTIVE: To adopt a resolution to vacate the above described easements. CONSIDERATIONS: Petition AV 97-029 has been received by the Transportation Department from Gary Butler, P.E., of Butler Engineering, Inc., as agent for the petitioner, Republic Development Corporation of Ohio, Inc., requesting the vacation of the above described easements to accommodate the construction of a proposed building. Letters of no objection have been received from all pertinent agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is P.U.D. FISCAL IM?ACT: Collier County has collected a Sl,000 "Petition to Vacate" fee from the petitioner which will be deposited into the Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPAL"~.: None RECOMMENDATION: That the Board of County Commissioners: 1) Adopt the Resolution for Petition AV 97-029 for the vacation of the above-described easements; and 2) Authorize the execution of the Resolution by its Chairman and direct the Clerk to record a certified copy of the Resolution in the Public Records; and 3) Request the Clerk of Courts to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Origg, Land S Services Director REVIEWED Ed Ilschner, Public Works Administrator DATE: DATE: ? 4 7- AV 97-029E(RG} APR 2 8 1998 ! 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 98- . RESOLUTION FOR PETITION AV97-029 TO VACATE A PORTION OF A 7.5 FOOT WIDE DRATNAGE EASEb,O:-NT TN LOT I, BLOCK C, AND TO VACATE A PORTION OF A '/.5 FOOT W~DE DP~TNAGE EASEM~'NT TN LOT 9, BLOCK C, ACCORDTNG TO THE PLAT OF "BRIARWOOD UNIT TWO", AS RECORDED TN PLAT BOOK 22, PAGES 92 THROUGH 94, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to section 177.I01, Florida Statutes, Gary Butler, P.E., of Butler Engineering, Inc., as agent for the petitioner, Republic Development Corporation of Ohio, Inc., does hereby request the vacation of the above dcscn'bed easements; and WtiEREAS, the Board has this day held a public hearing to consider vacating said easements as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: Sec Exhibit "A' attached hereto and incorporated herein BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notation of these vacations on the recorded plat as referenced above. This resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: . I~ i'~ F. Xsh~'on Assistant County Attorney APR 2 8 1998 Antonio Trigo, PIS President A. TRIGO & ASSOCIATES, INC. Profeuional Land Surveyor~ 2223 T~de Center Way Naples. Florida 33942 (941} 594-8448 FAX (941) 594-0554 LEGAL DESCRIPTION A portion o~ the easterly 7.5 foot drainage easeRent o~ Lot 1, Block C, Briarwood Unit Two, as recorded in Plat Book 22, Pages 92 through 94 of the Public Records of Collier County, Florida and being more particularly described as ~ollows= Commencing at the southeasterly corner of Lot l, Block C, Briarwood Unit Two~ i thence westerly along the southerly line of said Lot I and the northerly right-of-way of Briarwood Boulevard, S 88'26'20' W a distance of 7.50 feet; thence N 01'33'40' W a distance of 20.00 feet to the POINT OF BEGINNING~ thence continue N O1'33°40' W a distance of 100.33 feet~ thence run N 88'26'20' E a distance of 2.50 feetl thence run S O1°33'40" E a distance of 100.33 feet~ chence run S 88'26'20" W a distance of 2.50 feet to the POINT OF BEGINNING. ConCatntng 250.82 square feet Prepared by ~ e No. 2982 See sheet 2 of 2 for sketch of Descr~ptio~ ~ I i APR 2 8 1998, SKETCH OF DESCRIPTION Lot 2 = 50004 " N.8~ ,2.50' I7.50' Drainage Easement Lot 1 Briarwood Unit Two Lot 1 Briarwood Unit Three P.O.B. , P.O.C. $.88'Z6'ZO'I/. Southeast comer ,' 7.50' of Lot 1, Briarwood Unit Two. PB 22. '; Pages 92-94 BRIARWOOD BOULEVARD NOT A SURVEY S.01'3~'447 E. Antonio Trigo, PIS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Wa,/ Naples, Florid~t 33942 (941) 594-8448 FAX (941) 594-0554 LEGAL DESCRIPTION A portion of the easterly 7.5 foot drainage easement of Lot 9, Block C, Briarwood Unit Two, as recorded in Plat Book 22, Pages 92 through 94 of the Public Records of Collier CountT, Florida and being more particularly described as follows= Commencing at the northeasterly corner of Lot 9, Block C, Briarwood Unit Two~ thence westerly along the northerly line of said Lot 9 and the southerly right-of-way of Hr. Hood Court a distance .8.48 feet along the arc of curve concave to the south, through a central angle of 02*46'36', having a radius of 175.O0 feet and being subtended by a chord which bears S 87*09'53' W 8.48 feet~ thence S 30'39'O1' E a distance of 38.83 feet to the POINT OF BEGINNING; thence run N 59'20'59' E a distance of 2.50 feets thence run S 30'39'O1' E a distance of 94.00 feet; thence run S 59'20'59' W a distance of 2.50 feet; thence run N 30'39'O1' W a distance of 94.00 feet to the POINT OF BEGINNING. Containing 235.0 square feet Prepared by ~l~'rf~/a C?~f~%ata No. 2982 See ehea= 2 of 2 for sketch of APR 2 8 1998 Desc=i~ion ~. , ~ '~ SKETCH OF DESCRIPTION P.O.~ NortherJy Corne~ o~ Lot 9 /~rlorwood Uni~ Two a.~o' P.O.B Lot 10 Lot 8 Curve number I Ra clYu$= I75.00 l?elt~= 02'46'36' ;irc= 8.48 Tangent= 4--P4 Chord= 8.48 Chord l~rQ. $.87°09'53'!d. Lot 9. 9rk~rwood ~ Two. A. TRIGO &: ASSOCIATES, INC. DATE: J~n. 28, 1996 DRAWN BY: ~ SC. AtE: N.T.S. SHEEr 2__ OF .~. FEE NO. :97,0625.01 HOV-18-97 TIlE 82:~6 PM , · ' PETITIbN TO VACATE. ABA~DOR, 01:sCONTINU~:: OR CLOSE P.02 Publ.lc Street Dedicated £asement - ' 'Alleyway "Utility - Sutdivtston Plat ~ "Drain'age Date Received:. //-?~-~? . ' 'Petitioner:* Address: ~l~- City/State: .~1~o. ~h~ . Agent: ~u+l~ ~a(~~ ~. Address: ~~ City/State: ~atntenance .Other (exR. la'in) Petition Ho: ~Vc~'-ED~ Telephone: HIc) - gq ! - .3Ol0 Zip Code: ~:Rbl ~- Telephone:... Zip Code: Address of Subject Property: ,L~ri~,~/ ~ ~y~}'~-' ~ Location: SecLio~ _~l ...... Township _ _ Range Legal Description: ~/~ Plat 8ook: ~ _ : ' Page(s):.. Reason for Request: Rll~ ~~ ~Jk~ Current 2oning:_ ~ , Does this affect densityt _ I' Hereby Authorize Agent Above to Repcesent.He for this Petition: Yes =~_ No ~ . Sig~-tur~ of Petitioner. - Date Please'see 'POlicy and Procedures of Vacation and Annulment' for the list of supportive materials which must accompany thts~petttton, and deliver or ~atl to: Transportation Services Division Collier County Government Complex Bldg. Naples, FL 33962 Telephone: (8~3) 774-8260 ,il) (2) (3) (4) If applicant is a-land trust, so indicate and na~e beneficiaries. If applicant is corporation other than a public corporation, so indicate and. name officers and major stockholders. If applicant ts a partnership, limited partnership or other business entity, so Indicate and nmme principals. If ~pltcant is an owner, indicate exactly as re~orded, and list all other owners, if any. If applicant is a. lessee, attach a copy of lease, and indicate actual ' owners if not indicated on the lease. ROH:O10792:lS1 ~q v e q-oZ~ . ' ~'r'~: · '.'. ,'.'- ....., BOARD OF ,.,- ..... ; .,r ~ ~* : .. *';I ' * COUNTY COMMISSIONERS .i'.~.' "C :'" ' C '' / ' * ' ' ' ~) '" ~" ~ ' I COMJER COUNTY , ~ ,'.' ;.0 ..' ,,4 / NAPLES, FLOR]DA33~2 o .';; ' .. .. 3: '/,; , - =t :/', ~ ': ' * o'';'~l~c=. p..u~ ! O~ -c ....~,..~,~.--- . . ,19 ,.CHECKNO ",.~ '.~/.,'::,: ~=.~ · ~ '/ ~, ' ', ~ - ." '"/0 ~.~, .'. n ' .J ~ . r~ 0..,..,- / t I01 163610 329100 00000 x 500.00 I01 163610 329100 00000 x 500.00 I000.00 ." ~. Terr! l~eyer_~ -~ ~.~:';'..c .~,. o~r~ co~, :'°:.' .... 106059 APR 2 8 1998 FR~ : T 1 T~ 1 Ct~STCI'I HO~'E$ I t ~,: : 941 435 07T~1 .Tan. 29 1998 05:0G~'1 P2 1792 ":' 300~, PAGE Warranty D~d :,~,o ThL~ Indenture, Ma4$t~it .1.%d ~; o; -T~'"'~°IA"~ ' ' ~.~ tLc. riga , g~otor, d~ ~ of C0111e~ ' exit:lng ur. der t~c laV~ of the s~t.~ o~ Florida ~.~,~ 3150 ReDublic Blvd. ~uite 2, ToledO, Ohio ,.~v. h.~ ,~ ~,~ ~ c~r~ Ccll~er Se~ %ttache~ ~xhibit Decen~r 3~st, ~992. $y~'¢' 'l APR 1998 FROII : T I Tl~,l CUSTOM HOI~E$ lt~ PHOI,E tlC]. : 941- 435 07~1 .Tan. 2"9 19"'~ 0~:(~c~'l P5 ll~lledL ITl ~PR 2 81 ~. ~ . ,q v' ¢/'"/- oE~T · -P.-t ~' 0 ~ ~-I J,: ~1 ~ .,~ ~ . ~ · = ' "' '~~ ~ iii 1 I I~ ;~¢m~ 4 -. ; I ~ ~ J ~'~ MJ / :- " si; ~ ~1~ ~ -- _. ~ ~J~ .... ~L ::~ --J~ ~ ¢' i~'f~ 1997 Gl: 19PI'! P5 c.i2 Dc¢¢mb'-r 2~, 1997 ~:ck - . ~_ Colhcr County Trans7°r~"tt°: $301 Tami~mi Ir"il E. ~pl:s FL 34~12-496~ D:sr ,V~. Orig,: This no obj~io~ ~o v~c,~i~g 2.5 Dc~ off dmin~c c~cm:n:s on ~c ~ol[o~n~ home s~s Lot t Blk C Unit :~2 Briarwood Lot 9 Blk C Unit .2 Brim'wood Sincer,:l)', William C. Mkch~ll President WC,%.t,'clm APR 2 8 1998 BUTLER engineering, November Ill, 1999 Jflc. Mr. lohn It. Boldt, P.F.., P.S_M., Director' Colli~' County StormwaI~ Management :1301 Ttmiami Tr~ East, Building "IT' Naples, FL 34112 ~','Z'.' .' ~ost4t* Fax Note 7E71 1~: BRIARWOOD, UNIT 2; Section 31, Township 49S, Range 26E De. ar ],ir. Boldt: Attached please ~nd descriptions of both easements to be vacated. Both easements ar~ in Briarwood Unit 2. One is lot 1 and the other is lot 9. On both we are pmposlaS to vacate 2.5 feet of the existing 7.5 feet. T~s information should glow your office to generate the required "Letter of No Objection" for the easement va~tior~ Please review the attached materials and sign the bottom of this lette~ ii'this meets your satisfaction. If you have any questions, or need any f~rther informstion, please do not hesitate to call. Sincerdy, BUTLER ENGINEERING. INC. D~bbie B I ~v~ m objeciioa to the sub}e~ vacagon(s) u d~scn'bed abov~ .l'oh~ Boldt St~ ~ Director Transportation Dept 1804)3.30 * Provided r~ objection from who have maintenance responsibility 2223 TRADE CENTER WAY - NAPLES, FLORIDA 34109 - ~4t-66~1~1~ I FAX 941-66 02:O2:95 08:38 F^X 9;15435955 COLLIER CO CO~1.~L~_D£V ~00! COLLIER COUN COMliT,"NITY DEVELOPMENT A.ND ENVIRONMENTAL SERVICES DIVISION January 30, 1998 GOVEtLk%IENT 2500 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Ms. Debbie Bee. croft Butler Engineering, Inc. 2223 Trade Center Way Naples, FL. 34109 RE: Briarwood Unit Two, Lots 1 & 9, Block C Dear Ms. Beecrofl: We have reviewed the proposed vacation of a portion of the drainage easements on the subject Lots. and have "no objection" to tlae proposed vacation, provided that the Bfiarxvood Homeowners Association, as the maintenance entity, signs off.on the vacation. The sketches should note that the Lots are lacatecl in Block C. Should you have any questions, please do not hesitate to call. Sincercly,~ JO I-~ Jolm R. Houldsworth .Senior Engineer cc: Rick Grigg, P.S.M., Transportation Services Building Rtvsew & Permitting {941) 40~.2400 Cod~' Enforcement H~usi,~g & Urban Improvement 1'941) 403-2440 :941) 403-2330 Natural ~esou:'ce5 Planning ~er,aces Pollution Control AG[ 1 APR 2 8 1998 ~. I~.' _ ~94 D 732-2505 1.9411 403.2300 1.941) 732-2502 X Rp! Po F. UT UL i! FCIC2] OC[NR) ID[Z47GBBB1642][61:;'BB728686][ :~ FOLIO 12476'88816421 OI~NER> REPUBLIC DEU CORP OF OHIO II~ ,i STRAP 846,954 C 14831 3158 N REPUBLIC BLUD STE 2 .,L ORB/P[ 8 ]/[ 8 ] SALE DATE [ 8][6888] $ AHT [ 6] ACRES [ .17] TOLEDO OH TRS->[49][26,1[31] LEGAL-t BRIARUOOD UNIT TUO [ 881LND $1 -3-2 BLK C LOT 1 L-USE HKTII'IP $[8[ -4 ASD~AGADJ 8[ TAXABLE 8[ CURRENT-EX-ANT HHSTD-X 8 [ B ] 108X-X 8 [ 8 ] CIU-X 8 [ BI UET-X 8 [ B ] BLD-X 8 I B ] IJID-X 8 [ B ! AG-X 8 [ B ] UH-X 8 [ 8] HILL-CODE [ 128 ] HILL-RATE 115,8868] -1997- -19~? TAX ROLL- 23715] [ 81 [ 237151 [ 23715] [ 23715] [ 43615 1514 AREA CU CERT-96-UAL CERT-97-UAL 23715] 23715] 23715] 23715] CNTY 8[ 88.371HSTU 8[ 34.16] S-SL $[ 138.35] UNB 8[ 13.33] S-LB 8[ 61.42] ISD 8[ 39,89] CITY 8[ ,88] UADP 8[ 1,27] (1997 TAXES) TOTAL 8[ -CERTIFIED- LOCATION INA UINTAGE LN 1562] 376.73] RES477 11118/1997 02:35 PM APR 2 8 1998 I~. 1.5' _ Rpl Po Fm UT UL FCIC2] OC[NR] ID[24768681868][61288728686][ FOLIO STRAP 846954 C ORB/P[ B ]/[ 8] SIDLE DATE [ B][BBBB] ~ ?IHT [ O ] ACRES [ .17] TRS->[49][26][31] LEGAL-1 CURRENT-EX-AHT HHSTD-X 9 [ B ] i!196~.-X 9 [ 9] CIU-X 8 [ 9 ! UET-X 8 [ 9 ] BLD-X ~ [ 9 ] WID-X 9 [ 91 AG-X 9 [ 6] ii WH-X $[ 81 [24768661668] OUNER> REPUBLIC DEU CORP OF OHIO INC 24831 3158 N REPUBLIC BLUD STE 2 TOLEDO OH BRIARWOOD UNIT TWO BLK C LOT 2 HILL-CODE [ ~26] HILL-RATE [15.8869] -1997- [ 99] LND 9[ L-USE IHP 9[ HXT 9[ ASD+AGADJ 9[ TAXABLE 9[ CNTY 9[ S-SL 9[ S-LB 9[ CITY 9[ -1997 TAX ROLL- LOCATION iNA UINTAGE 23715] [ 9] [ 23715] [ 23715] [ 23715] [ 43615 1514AREA CU CERT-gG-UAL CERT-97-UAL 23715] 8] 23715] 23715] 23715] 88.37] HSTU 9[ 34,16] 138.35] Gq'lB 8[ 13.33] 61,42] ISD 8[ 39.69] .69] UADP 8[ 1.27] (1997 TAXES) TOTAL 9[ -CERTIFZED- LN 1574] 376.73] RES477 11118/1997 02:35 PM APR 2 8 1998 ~. /& X Rpl Po Fn UT UL FC[~2I OC[NR] I0124768661984][61286726666][ FOLIO [24768681984] OWNER> PARKER, KflTHRYN T !iSTRAP 846954 C 34831 1586UINTRGELN ORB/P[ 2192]/[1428] SALE DATE [ 7i[8696] , Pi. HT [ 178988] ACRES[ .18] NAPLES FL TRS-> [49 ] [ 26 ][ 31 ] LEGAL-1 BRIflRI,.JOOD UNIT TIaO BLK C -2 ~'OT'"'3' -3 !i it CURRENT-EX-RHT ;,i HHSTD-X ~ [ 25888] ', 188~.-X ~ [ 8 ] 'I CIU-X 9[ Il ~i UET-X 9 [ B] BLD-X ~; [ 8 ] IJID-X ~ [ 81 AG-X ~ [ 8 ] {,,,'H- X ~ [ 8] HILL-CODE [ 128 ] HILL-RATE [15.8866] -1997- -1997 TI~X ROLL- 34184 6884 RRE8 Cg CERT-96-URL CERT-97-URL [ 81] LND ~[ 24981) [ 24981] L-USE IHP 91 61 [ 114546] MT 9[ 24961] [ 139441] flSD+flGflDJ 9[ 249611 [ 1394411 TAXABLE 8[ 24961] [ 114441] CNT¥ $[ 426.461 HSTU 9I 164.551 S-SL 9[ 667,65] UH8 9[ 64.31] S-LB 9[ 296.49] ISD 9[ 192.56] CITV 9[ .66] UADP 9[ 6.12] (1997 TAXES) TOTAL 9[ -CERTIFIED- LOCATION INA UINTRGE LN 1586] 1817.99] RES477 III I 11118/1997 02:36 PM Rpl P~ F~ UT UL FCIC2] OC[NA] ]D[24766961167][612897299961[ FOLIO [24768681167] oI,q~ER> ALUAREZ, HECTOR R=& CAROLINA STRAP 646954 C 44B31 996 BRIflRYOOD BLUD ORB/P[ 19981/[ 6441 SALE DATE [ 31 ] [ 1994 ] 8 AHT I 15878el ACRES[ .16] NAPLES FL TRS->[49][26][31] BRIflRYOOD UNIT TYO BLK C LOT 4 OR 1998 PG 644 x -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8866] -1997- [ 611LND 8[ L-USE IXP 8[ HXT 8[ RSD~RGADJ 8[ TAXABLE 8[ 26825] [ 92821] [ 113646] [ 113646] [ 88646] [ CNTY 8[ S-SL 8[ S-LB 8[ CITY 8[ 34164 6862 AREA CU CERT-96-URL CERT-97-UAL 29825] 96343) 117168] 117655] 92655] 343.641HSTU 8[ 132.361 537.95] H 8[ 51.731 238.42] lSD 8[ 154.84] .99] URDP 8[ 4.92] LOCATION INA BRIAR~OD (1997 TAXES) TOTAL 8[ -CERTIFIED- BLUD 1598] 1462.36 ] RES477 11/18/1997 02:36 PM [ ,~.~ APR 2 8 1998 ......... J[L_...P ............. I Rpl Po F. UT UL FC[[~2] OC[NR] ID[247£88811231161286728868]! FOLTO STRAP 646954 C 54831 ORB/P[ 2694]/[23??] SALE DATE [ 31 ][ 8895 ] g AHT [ 135888] ACRES [ .281 TRS->[49][2G][31] LEGAL-1 BRIARt, IOOD UNIT TM BLK C -2 ~' LOT 5' -3 [24768881123] OgNER> PARKER JR, LA~ENCE D=& BILLIE 912 BRIARIJOOD BLUD HHSTD-X g [ 8] 186X-X g [ 6] CIU-X g [ 61 UET-X g [ 8] BLD-X g [ 6] ~ID-X g [ 6] AG-X g [ 6] gH-X g [ 9] NAPLES FL -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8866] -1997- [ 91] LND $[ L-USE IXP $[ XKT g[ ASD.rAGADJ gl TAXABLE $[ 34~84 8892 AREA CU CERT-96-UAL CERT-97-UAL 26244] [ 26244] 69894] [ 83141] 166338] [ 169385] 166336] [ 169385] 196338] [ 169385] CNTY $[ 467.62] flSTU gl 157.28] S-SL 81 638,15] b'l'19 8[ 61.48] S-LB 8[ 283.31] ISD 8[ 184.96] CITY 8[ .66] UADP 8[ 5.85] (1997 TAXES) TOTAL 8[ -CERTIFIED- BLUD 912] LOCATION INA BRIRR~OD 1737.69] RES4?7 11118/1997 02:36 PM APR 2 8 1998 L.?.., Apl PG Fn UT UL Fc[L~2 ]OC [NR ] I O! 247686611.49 ] [ 61286726999 ] [ FOLIO [24768961149] OI,IFER> ~STGRTE, GEORGE R=& ANN H G4631 934 BR[RRgOOD BLUD NAPLES FL ,: CURRENT-EX-AHT I~ HHSTD-X $ [ 25666] ',t cxu-x ;I, UET-X e [ 9] i! BLD-X e [ 6) I( UlD-X e [ !! AG-X , HILL-CODE [ 126] HILL-RATE [15.6866] 6] -1997- 91 6] -1997 TAX ROLL- 34164 6662AREA CU CERT-B&-URL CERT-97-UAL [ 911 LIdO e[ 25589] [ 25586] L-USE IHP e[ 89861] [ 93266] HXT e[ 115441] [ 119846] RSD+AGRDJ e[ 115441] [ 118846] TAXABLE $[ 98441] [ 938461 CNTY e[ 349.721 HSTU el 134.941 S-SL e[ 547.59] ta48 e[ 52.74] S-LB e[ 243.66] iSD e[ 157.86] CiTY $[ .69] UADP e[ 5.62] (1997 TAXES) TOTAL el -CERTIFIED- LOCATION INA BRIARWOOD BLUD 934] 1496.84] RES477 11/18/1997 02:36 PM APR 2 8 1998 X Rpl. Po Fn UT UL FCIC21 OC[NRI I01247686611651161288721111881[ FOLIO [247686811£5] OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 74631 3156 N REPUBLIC BLUD STE 2 ORB/P[ 8]/[ 8] SALE DATE [ 8 ][6888 ] 9 flMT [ 8] ACRES [ .24] TOLEDO OH TRS->[49][26][31] LEGAL-1 BRIARWOOD UNIT TWO [ BB] LND 9[ -2 BLRC"LOT'7' L-USE IHPg[ -4 flSD{AGADJ 9I CURRENT-EX-AHT TAXABLES[ ~XXSTD-X 9 [ 8i 188Y.-X 9 [ 8 ] CIU-X 9 [ 8] UET-X 9 [ 8 ] BLD-X 9 [ 8 ] WID-X 9 [ 81 AG-X 9 [ 8 ] WH-X 9 [ 8] -1997 TAX ROLL- HILL-CODE [ 128] HILL-RATE [15.6869] -1997- CNTY 9[ S-SL 9[ S-LB 8[ CITY 8[ 43615 1514AREA CU CERT-96-UAL CERT-97-UAL 27563] [ 27563] 81 [ 9] 275631 [ 27563] 27563] [ 27563] 27563] [ 27563] 162,72] XSTU 81 39.63l 166.86] ~ 81 15.49] 71.391 lSD 8[ 46,36] .66] UADP 8[ 1.47] LOCATION iNA BRIARUOOD (1997 TRXES) TOTAL -CERTIFIED- BLUD 976] 437.86] RES477 11/18/1997 02:36 PM APR 2 8 1998 Rp! PQ Fn UT UL ,, FC[~2i OC[NR] i0[247G8661181][6~286726696][ I1 FOLIO [24768661181] OWNER> REPUBLIC DEU CORP OF OHIO INC 8463! 3159 N REPUBLIC BLUD STE 2 STRAP 84£954 C SALE DATE [ 8![8688] ~ .AHT [ 8] ACRES [ ,19 ] TRS->[49]i2G][3:l.] LEGAL-1 CURRENT-EX-Al'fi' HHSTD-X 8 [ 8 ] CIU-X 8 [ 81 UET-X 8 [ 8] BLD-X 8[ 8] WID-X 8 [ 81 AG-X 8 [ 6 ] '~ ~H-X 8 [ 8 ] TOLEDO OH BRIARWOOD UNIT TWO BLK C LOT 8' HILL-CODE ! 128] HILL-RATE [15,8866] -1997- [ BBI LND 8[ L-USE I~ 8[ HKT 8[ ASD~AGADJ 8[ TAXABLE 8[ CNTY 8[ S-SL 8[ S-LB 8[ CITY 8[ -1997 TAX ROLL- LOCATION [Nil HT HOOD 22856] [ 61 [ 22658] [ 22858] [ 22856] [ 43G15 1514 AREA CERT-gG-uAL CERT-97-UAL 22858] 22656] 22956] 22656] 62.17] HSTU 8[ 31.711 128.641 I,/H6 8[ 12.39] 57,1~1 ISD 81 37.161 ,66] UADP 8[ 1,181 (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 832] 358,38] RES477 11/18/1997 02:37 PM APR 2 8 1998 X Rpl Po Fp~ UT UL FCIC2] OC[NR] 1D[24768661264][61289729966][ FOLIO STRAP 646954 C OrB/P[ 61/l 6] SALE DATE [ 6][9666] ~ AXT [ 6] ACRES [ .18 ] [24768681284i OWNER> REPUBLIC DEU CORP OF OHIO INC 94631 3156 N REPUBLIC BLUD STE 2 ,, CURRENT-EX-AHT ',: HHSTD-X 9 [ 9] ~ 166~.-X 9 [ 6] I!CIU-X 9[ 8l !iUET-X 9 [ 6] ilBLD-X 9 [ 9] ~'t ~IID-X 9 [ 6] !lAG-X 9[ 6] ~ IJlt-X 9 [ 8 ] TOLEDO OH -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8869] -1997- [ 96] LND $[ L-USE IHP $[ HXT 9[ ASD~AGRDJ 9[ TAXABLE 6[ 26137] [ 9] [ 26137] [ 26137] [ 26137] [ CNTY 6[ S-SL 6[ S-LB 6[ CITY 6[ 43615 1514AREA CU CERT-96-UAL CERT-97-UAL 26137] 6] 28137] 28137] 26137] 75.64] HSTU 6[ 28.96] 117.48] t,At9 $[ 11.32] 52.151 ISD 8[ 33.88] .96] UADP 6[ 1.68] LOCATION IN9 HT HOOD (1997 TAXES) TOTAL $[ -CERTIFIED- CT 824] 319.91] RES477 11/18/1997 02:37 PM APR 2 8 1998 x Rpl Po Fn UT UL ,, FCIC2] OC[NR] ID[24768661226][61286726999][ FOLIO STRAP 646954 C 164631 ORB/P[ 22£1]/[2697] StiLE DATE [17111296] ~ RHT [ 174566] aCRES [ ,23] TRS->[49][2£][31] LEGAL-1 BRIARYOOD UNIT TYO -2 BLK C LOT 19 -3 -4 [24768861226] OIJNER> gARDIN, NERNHflRD=& JOHANNA 816 HOUNT HOOD CT CURRENT-EX-AHT 'HHSTD-X ~ [ 8] 166~-X ~ [ 8] CIU-X ~ [ UET-X 8 [ 6] BLD-X ~ [ AG-X ~ [ ~H-X ~ [ 81 NAPLES FL HILL-CODE [ 1261 HILL-RATE [15.8866] 61 -1997- 61 TAX ROLL- 34184 4794 AREA CU CERT-96-UAL CERT-9?-UAL [ 611LND 8[ 26818] [ 26816] L-USE IHP $[ 8] [ 116586] HKT 8[ 26818] [ 136598] ASD~AGADJ 8[ 26916] [ 136598] TAXABLE $[ 26618] [ 136598] CNTY 8[ 569.931HSTU 8[ S-SL 8[ 796.91l I,IHB 8[ S-LB 8[ 353.79] ISD 8[ CITY 8[ .66] UADP 8[ (1997 TAXES) TOTAL 81 -CERTIFIED- LOCATION [N.R liT HOOD CT 816] 196.42] 76.76] 229.771 7,311 2169.991 RES477 11/18/1997 02:37 PM X Rp] Po Fm UT UL FC[I~.] OC[ HR ] ]D[2476866'1246 ] [ 61286726669 ] [ !!FOLIO [24768601246] OYNER> HAESTRO, JOSEPHP ,STRAP 646954 C 114631 DONNA H TAYLOR iIORB/P[ 19741/[15471 PO BOX95! ,.SALE DATE [ 8][8894] :t 9 AHT [ 42669] i,i ACRES [ .25] LAKE ZURICH ". TRS->[49][26][31] LEGAL-1 -2 -3 -4 i! HHSTD-X 1662-X CIU-X UET-X BLD-X I~ID-X AG-X 9 [ ii I~H-X 9 [ BR[ARYOOD UNIT TYO BLK C LOT 11 OR 1974 PG 1547 CURRENT-EX-AXT 9[ 6] 9[ 6] 9[ 9] 9[ 6] 9[ 6] 9[ 6] 6] 9] -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.6869] -1997- IL [ 66] LND 8[ L-USE IXP 8[ PIXT 8[ ASD{RGRDJ 8[ TAXABLE 8[ 33646] [ 6] [ 33648] [ 33648 ] [ 33648 ] [ CNTY 8[ S-SL 8[ S-LB 9[ CITY 8[ 69647 8951 AREA CU CERT-~G-URL CERT-97-URL 336481 6] 33648] 33948] 33648] t23.t5] XSTU 8[ 47,52] t92.66] I,fliB 8[ 18.581 85,591 lSD 8[ 55.59] .66] UADP 8[ ~.77] LOCATION [NR lit HOOD (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 868] 525,66] RES477 11/18/1997 02:37 PM RpIPo Fm UT UL 1 FCIC2] OC[NR] iD[24768881262][61288728888][ FOLIO [24768881262] 0lINER> REED, KERRY G=& dflCQUEL[NE H STRRP 846954 C 124831 PO BOX 13i ~ ~ ~ ~ ~ ~ ~ ~ -t997 TRX ROLL- ORB/P[ 28531/[21871 N~N~ ~ SRLE DRTE [ ~ BHT [ 328881 RCRES [ ,31] .PLES FL TBS->[49112611311 LEGRL-1 BRIRRWOOD UNIT TWO BLK C '[ Bll LND 8[ 41586] [ -2 LOT 12 L-USE IHP 81 116559! [ HI(T 8[ 158145! [ -3 RSD+RGRDd 8I 158145] -4 CURRENT-EX-RHT TRXRBLE 8! 133145! [ HHSTD-X $ [ 25888] HILL-CODE 188~-X $ [ 8] [ 128] CNTY 8I 512,68] HSTU 81 197,83] CIU-X 8 [ 81 S-SL 8[ 882,621 UHB 81 77.321 UET-X ~ i 8] HILL-RRTE S-LB 8[ 356.32] ISD 8[ 231,42] BLD-X ~ [ BI [15,8868] CITY 8[ ,88] URDP 8[ 7.361 UID-X 8 I 81 -1997- RG-X ~ i 81 (1997 TRXES) TOTRL 8[ 2185,55] 81 -CERTIFIED- ti .._"H~i--'-[ ....... LOCRT,ON [..HOOD CT 896] RES477 34186 8131RRER CU CERT-gG-UflL CERT-9?-URL 41586] 128991] 162577] 16257?] 137577] 11118/1997 02:37 PM APR 2 8 1998 Rpl Po Fp~ UT UL FCIC2] OC[NR] ID[24768881288][61289729669][ FOLIO STRAP 84i~954 C 134931 ORB/P[ 1995]/[2279] SALE DATE [281[1694] , Am [BI AC,ES ~ .3~. ] TRS-) [4~ ] [ 2~ ! [ 3~ l -2 -3 -4 [24768881288] OI~INER> I~ITELEY TR, HARGARET E 881 XOUNT HOOD CT NAPLES LOT 13 OR 1995 PG 2279 CURRENT-EX-AHT HHSTD-X 8 [ 25886] 188~-X 8 ( BI ,, CIU-X 8 [ 8] UET-X 8 [ B] BLD-X 8 [ 81 ~ID-X 8 [ 5OBI AG-X 8 [ 81 ~H-X 8 [ 81 -1997 TAX ROLL- HILL-CODE [ 1281 HILL-RATE [15.8868] -1997- FL 34184 4794 AREA CU CERT-OG-UAL CERT-9?-UAL [ 61] LND 8[ 415861 [ 415861 L-USE IHP 8[ 187291] [ 111358] MT 8[ 148877] [ ~529441 ASD~RGADJ 8[ 148877] [ 152944] TAXABLE 8[ 123377] [ 127444] CNTY 8[ 474.92] XSTU 8[ 183.25] S-SL 8[ 743,51] UXB ~[ 71.62l S-LB 8[ 336.98] ]SD 8[ 214.38] CITY 8[ .66] UADP 8[ 6.62] (1997 TAXES) TOTAL gl -CERTIFIED- CT 861] LOCATION INA HT HOOD 2924.58] RES477 11/18/1997 02:37 PM APR 2 8 1998 X Rpl Po Fp~ UT UL FCIC21 OC[NR] ID[24768691361][61286726666][ FOLIO [247£8981381] Ot~R> UAN YISSEN, RIEN L STRAP 846954 C 144931 BEYER, ELAINE H ORB/P[ 2239]/( 9591 StiLE DATE [ 15 ][ 1696 ] g ,tilt [ BI ACRES [ .36 ] TRS->[49][2G ![31] LEGAL-1 -2 -3 -4 CURRENT-EX-AHT HHSTD-X g [ 25886 ] !ilBB~.-X g [ 9] CIU-X g [ BI UET-X g [ 9 ] BLD-X g [ O ] I~I D-X g [ 91 AG-X g [ 8 ] I~I-X g [ 81 887 HOUNT HOOD CT NAPLES FL BRIARGOOD UNIT TWO BLKC LOT ~4 HILL-CODE i 129] HILL-RATE [15.68691 -1997- -1997 TAX ROLL- [ 811LND gl L-USE IHP $[ HXT gl RSD+RGRDJ gl TAXABLE gl 39971] [ 191168] [ 141131] [ 141131] [ 116131] [ 34184 4794AREA CU CERT-gG-UAL CERT-97-UAL 39971] 184986] 14495?] 1449571 1199571 CNTY S-SL S-LB CITY 447.92] HSTU 699,831 Gq'lB 319.69] lSD .661UADP 172.49] 67.42] 261.78] 6.42] (1997 TAXES) TOTAL gl -CERTIFIED- LOCATION INA FiT HOOD CT 897] 1995.65] RES477 11118/1997 02:38 PM APR 2 8 1998 .Tf Rp! Po F. UT UL FC[~2] OC[NR] ID[247688613271161286728668][ FOLIO STRflP 846954 C 15463! ORB/P[ 1998]/[ 6341 SRLE DATE [ 31] [ 1894 ] ~ RHT [ 145366] ACRES [ .18] TRS->[49][26][31] [24768861327] OWNER> DOHZALLo RAPHEL L HARION C KESSEN 813 HOUNT HOOD CT LEGAL-1 -2 ,, CURRENT-EX-AHT !t HHSTD-X 8 [ 258881 ,, 1662-X 8 [ 6] ii czu-x 8 [ e] ii UET-X 8[ 6] ~l BLD-X 8 [ 6] [~ WID-X 8[ 9] '.,'~ AG-X 8 [ 6] ',I i,IX-X ~ [ 6 ] NAPLES BRIARWOOD UNIT TWO BLK C LOT 15 OR 1998 PG 634 FL HILL-CODE [ 126] HILL-RATE [15.8866] -1997- [ 911 LID $[ L-USE IHP $[ HKT 8[ ASD~AGADJ 8[ TAXABLE $[ CNTY S-SL S-LB CITY -1997 TAX ROLL- LOCATION INA HT HOOD 24225] [ 78945] [ 192276] [ 162279] [ 77276] [ 34164 4794 AREA CU CERT-96-UAL CERT-97-UAL 24225] 86993] 165218] 185218] 86218] 298,94] XSTU 8[ 467,99] WX8 $[ 267.76] ISD 8[ ,66] URDP 8[ (1997 TRXES) TOTAL 81 -CERTIF]ED- CT 613] 115.341 45.88] 134.94] 4.291 1274.34 ] RES477 11118/1997 02:38 PM Apl Po Fp~ UT UL FC[[]~.! OC[NRI I012476896134311612867269961[ FOLIO STRAP 646954C 1~B31 ORB/P[ 2133]/[2687] SALE DATE [ 26 ] [ 1295 ] $ AHT [ 145166] ACRES [.181 TRS->[49 ] [ 26 ][ 31] [24768661343] OI,q[R> Hi: DERHOTT, JOHN J=& BEUERLY A 819 HOUNT HOOD CT NAPLES FL LEGAL-1 BRIARUOOD UNIT TI, lO BLK C -2 LOT 16 -3 -4 !t CURRENT-EX-AHT . HHSTD-X 8 [ 25996] [i tee -x 8 [ 9] " CIU-X 8 [ 8] UET-X 8 [ 6] BLD-X 8 ! 6] glO-X 8 I 6] AG-X 8 [ 9 ] T/H-X 8 [ 61 -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8866] -1997- [ 91] LND 8[ L-USE I!'~ 8[ HKT 8[ RSD~AGflDJ 8[ TAXABLE 8[ 242251 [ 76967] [ 161132] [ 161132] [ 761321 [ CNTY 81 S-SL 81 S-LB 81 CITY 81 34194 4794 AREA CU CERT-AG-UAL CERT-97-UAL 24225] 7982&] 164651] 194651] 79651] 2°,4.58 ] HSTU 8[ 461.18] Uit8 8[ 294.74] 1SD 8[ .66] UADP 8[ LOCATION INA liT HOOD (1997 TAXES) TOTAL 81 -CERTZFIED- CT 819] 113.68] 44.43] 132,98] 4,23] 1255.62] RES477 11118/1997 02:38 PM x Rpl Po Fn UT UL FC[~12] OC[NR] ID[24768881369][61288728888][ FOLIO STRAP 846954 C 174831 ORB/P[ 19951/[2288] SALE DATE [28111894] ~ AHT [ 138388] ACRES [ .11] TRS->[49][2&][311 LEGAL-1 -2 -3 -4 [24768881369] OWNER> KLINK, ALFRED R=& GAlL D 825 HOUNT HOOD CT NAPLES BRIARWOOD UNIT TWO BLK C LOT 17 OR 1995 PG 2288 CURRENT-EX-AHT HHSTD-X ~ [ 25999] 166~-X S [ 6] CIU-X ~ [ 61 UET-X 8 [ 9] BLD-X ~ [ 6] WID-X 8 [ 91 AG-X 8 [ 9J WH-X 8 [ 61 -1997 TAX ROLL- FL 34164 4794 AREA Cg CERT-96-UAL CERT-97-UAL [ 61] LNO 81 15824] [ 15824 L-USE IHP 8[ 74974] [ 77867 FIXT 8[ 96798] [ 936311 RSD~flGRDJ 8[ 96798] [ 93522] TAXABLE 8[ 65798] [ 68522] HILL-CODE [ 126] HILL-RATE [15.8866] -1997- CNTY 81 255.35] HSTU 81 98.53] S-SL 81 399.76] H 81 38.51] S-LB 8[ 177.47] ISD 8[ 115.26] CITY 8[ .66] UADP 8[ 3.67] LOCATION INA FIT HOOD (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 825] 1688.55] RES477 11118/1997 02:38 PM APR 2 8 1998 ~.., 31 X Rpl Po Fn UT UL FC[~2I OC[NRI ID[24768661385][61286726999][ FOLIO [24768691385] ONNER> SYRNSON, HARK O=& XARY ANN B STRAP 946954 C 184831 833 XOUNT HOOD CT ORB/P[ 2159]/[2181] SALE DATE [ 21 ] [ 6296 ] 8 AHT [ 137966] ACRES [ .18 ] NAPLES TRS-> [49 ] [ 26 ] [ 31 ] LEGAL-1 BRIARUOOD UNiT TYO BLK C -2 LOT 18 -4 CURRENT-EX-AHT !!HHSTD-X 8 [ 25996] 168~.-X 8 [ 6 ] czu-x il UET-X 8[ 6] BLD-X 8 [ 9 ] UID-X 8 [ 6 l AG-X 8 [ 9 ] UH-X 8 [ 61 -1997 Tflx ROLL- HiLL-CODE [ 126] HILL-RATE [15.8869] -1997- FL 34~84 4794 AREA CU CERT-96-URL CERT-97-UAL [ 91] LNO 6[ 21375] [ 21375] L-USE IXP 6[ 6] [ 83794] XI(T 6[ 21375] [ 195169] RSD+RGRDJ 6[ 21375] [ 185169] TAXABLE 6[ 21375] [ 86169] CNTY 6[ 298.75] HSTU 6[ 115.27] S-SL 6[ 467.711 UXB 6[ 45.66] S-LB 6[ 297.64] ISD 6[ 134.65] CITY 6[ .96] URDP 6[ 4.29] (1997 TAXES) TOTAL 6[ -CERTIFIED- CT 833] LOCATION [NR ItT HOOD 1273.57] RES477 11/18/1997 02:38 PM APR 2 8 1998 X Ap! PQ F. UT UL 8~ FCI~210CIXR] ID[24768B61488][61288728B88]! FOLIO STRAP 846954 C 194831 ORB/P[ 8]/[ 8] SALE DATE [ 8][8888] ¢ fIHT [ 8] i~CRES [ .22] TRS->[491126][31] LEGAL-! BRTARt~OOD UNIT TI, lO -2 BLK C LOT 19 -3 -4 CURRENT-EX-AHT HHSTD-X 9 [ 8] 1882-X 9 [ 8 ] 9[ 81 9 [ 8] 9[ 8] 9[ 8] 9[ 8] CIU-X UET-X BLD-X I, IID-X AG-X I~I-X [24768881488] OWNER> REPUBLIC DEU CORP OF OHIO 3158 N REPUBL]C BLUD STE 2 TOLEDO -1997 TAX ROLL- HILL-CODE [ 128] HILL-RATE [15.8866] -1997- OH 43615 1514 AREA CU CERT-96-UAL CERT-97-UAL [ 8Bi LND 9[ 26719] [ 26719] L-USE ZtlP 9[ D] [ 8] MT 9[ 26719] [ 26719] RSD+RGRDJ 9[ 26719] [ 26719] TAXABLE 9[ 26719] [ 26719] CNTY 9[ 99,57] flSTU 9[ 38.421 S-SL 9[ 155.88] ~ 9[ 15.82] S-LB $[ 69.26] ISD 8[ 44.95] C]TY 8[ .96] UADP 8[ 1.43] (1997 TAXES) TOTAL 8[ -CERT]FiED- LOCRTXON INA liT HOOD CT 841] 424.47] RES477 11118/1997 02:38 PM APR 2 8 1998 X Ap! PO Fn UT UL FCIC..] OC[TRi ID[24766696441][61286726996][ FOLIO STRAP 946954 A ORB/P[ 2666]/[1593] SALE DATE [ 6][6596] $ .AXT[ 158169] ACRES [ .17] [24768689441] OUNER> LEES Ill, YILL]AX J=& TINA X 34B31 862 BRIARUOOD BLUD NAPLES BRIARWOOD UNIT TI,lO BLK R LOT 3 -1997 TAX ROLL- HILL-CODE [ 129] HILL-RATE [15.8869] -1997- FL 34184 6696 AREA CY CERT-AG-UAL CERT-97-UAL [ 911 LNO $[ 21926] [ 21626] L-USE IXP $[ 98642] [ 192384] HXT ~[ 119666] [ 123418] ASD~AGADJ 8[ 119668] [ 123416] TAXABLE 8[ 119668] [ 98416] CNTY 8[ 366.73] HSTU 8[ 141.51] S-SL 8[ 574.12] GIH8 8[ 55.31] S-LB 8[ 254.66] ]SD 8[ 165.54] CITY 8[ .96] UADP 8[ 5,26] (1997 TAXES) TOTAL 8[ -CERT]F]ED- BLUD 862] LOCAT[ON [Nil BR]ARUOOD 1563.35] RES477 11/18/1997 02:30 PM APR 2 8 1998 ,,,o. X Rp! Po Fm UT UL FC[~2..] OC[NR] ID[24768696467][G1289726966I[ [247G89884GT] OILIER> PRiXUS, UERDELL G 4463! 884 BRIARWOOD BLUD NAPLES BRIARWOOD UNiT TWO BLK A LOT 4 I! CURRENT-EX-AHT ' HHSTD-X 9 [ 25688 'i 186~.-X * [ 61 !iCIU-X 9[ 61 UET-X 9 [ 6 i*BLD-X 9 [ 6 iiWlO-X 9[ 61 AG-X 9 [ 6 i!WH-X 9 [ e] HILL-CODE [ 126] HiLL-RATE [15.8869] -1997- -1997 TAX ROLL- FL 34164 9866 AREA CU CERT-AG-UAL CERT-97-UAL [ 91] LND 9[ 28635] [ 28935] L-USE ]lip 9[ 199498] [ 113659] HXT 9[ 137533] [ 141694] ASD~AGADJ 9[ 137533] [ 141659] TAXABLE $[ 112533] [ 116659] CNTY 91 434.731 HSTU 91 167.74] S-SL 91 689.59] I,,IH8 9[ 65.56] S-LB $[ 392.15] ~SD ~[ ~9G.23] CITY 9[ ,66] UADP 9[ 6.24] (1997 TAXES) TOTAL 9[ -CERTZFZED- LOCATION iNA BR%ARUOOD BLUD 8841 1853.24] RES477 11/18/1997 02:30 PM Rpl Po Fm UT UL , FC[[~2] OCINR ] ID[ 247&8966463 ][ G'1_286726699 ][ !!FOLXO [24768696483] OG'NER> REPUBLICDEU CORP OF OHIO IXC STRAP 646954 A 5483! 3159 N REPUBLIC BLUD STE 2 !1ORB/PI 61/[ 91 i[ SALE DATE [ 6][9686] 1! ~ AHT ! 8] ,, ACRES [ .19 ] ,, TRS->[49][26][31] I CURRENT-EX-AHT ,I '~i HHSTD-X ~ [ 9] ~ 166~.-X ~ [ 6 ] iiCIU-X $[ 61 ',I UET-X ~ [ 9] ' BLD-X ~ [ 6] i1UID-X $[ 9] !IAG-X 8] -1997 TAX ROLL- TOLEDO L-USE IXP ~[ Xi(T ~[ ASD+AGADJ $[ TAXABLE $[ HILL-CODE [ 126] HILL-RATE [15.6869] -1997- OH 43615 1514 AREA Cg CERT-96-UAL CERT-97-UAL [ 66] LND ~[ 24936] [ 24936] 9] [ 6] 24936] [ 24936] 24936] [ 24936] 24936] [ 24936] CNTY $[ 92.93] HSTU 8[ 35.86] S-SL 8[ 145.48] Gq'IS 8[ 14.61] S-LB 8[ 64.56] %S0 8[ 41.94] CITY 8[ .96] UADP 8[ 1.33] LOCATION INA BRIRRHOOD (1997 TAXES) TOTAL $[ -CERTIF%ED- BLUD 1581] 396.13] RES477 11118/1997 02:30 PM Rp! PO Fm UT UL i! FCIC2] OC[XR] ]D[24768688586][61288728888][ X FOLIO STRAP 646954 R ORB/P[ 6]/[ 6] SALE DATE [ 6][6688] ~ flHT [ 8] ACRES [ .17] TR5->[4911261131] LEGAL-1 BRIRRYOOD UNIT TUO -2 BLK R LOT G -3 -4 [24768686566] OIJNER> REPUBLIC DEU CORP OF OHIO INC 64631 3159 N REPUBLIC BLUD STE 2 CURRENT-EX-AXT HXSTD-X ~ [ 8] 168X-X ~ [ 8] CIU-X ~ [ 8] UET-X ~ [ 8] BLD-X ~ [ 8] glO-X ~ [ 81 AG-X ~ [ 8] WH-X ~ [ 6] TOLEDO -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8866] -1997- OH 43615 1514 AREA CU CERT-96-UAL CERT-97-UAL [ 66] LND 8[ 26769] [ 26766] L-USE IXP 8[ 8] [ 8] XXT 8[ 28788] [ 28788] RSD+flGRDJ 8[ 26766] [ 28796] TAXABLE 8[ 28788] [ 28788] CNTY 8[ 77.14] HSTU 8[ 29.7&] S-SL 8[ 126.76] ~ 8[ 11.63] S-LB 8[ 53.61] lSD 8[ 34.82] CITY 8[ .66] UADP 8[ 1.11] (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 869] LOCATION INA TETON 328.83] RES477 11/18/1997 02:30 PM x Rp]. Po F,~ UT UL ;; FCIC2] OC[NR] ID[24768666522][61286729996][ I FOLIO DEU CORP OF OHIO ]NC [24768666522] OIJNER> REPUBLIC STRAP 646954 A 74831 3156NREPUBL]CBLUDSTE2 Ii ORB/PI 6]/[ 6] SALE DATE [ 6][6666] ~ AHT [ 8] ACRES [ .18] TRS->[49][26][31] LEGAL-1 BR]ARYOOD UNIT TI, lO -2 BLK A LOT 7 -3 -4 CURRENT-EX-Am ~, HHSTD-X ~ [ 91 '~ 1667.-X 8 [ 9 ] !1 c u-x ,[ I UET-X 8 [ 6] BLD-X 8 [ 6 ] [I U]D-X 8 [ 6] 'I AG-X 8 [ 6 ] I~H-X 8 [ 8] II -1997 TAX ROLL- TOLEDO HILL-CODE [ 126] HILL-RATE [15,8869] -1997- OH 43615 1514 AREA Cg CERT-96-UAL CERT-97-URL [ 66] LND 8[ 21696] [ 21666] L-USE IHP 8[ 91 [ 6] HXT 8[ 21696] [ 21666] RSD~flGADJ 8[ 21669] [ 21696] TAXABLE $[ 2166B] [ 21£B6] CNT¥ 8[ 86,561HSTU 8I 31.961 S-SL 8[ 126,91] IJt19 $[ 12,13] S-LB 8[ 55,94] ISD 8[ 36,33] CITY 8[ .96] URDP 8[ 1,161 (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 793] LOCATION [NR TETON 343,13 ] RES477 11118/1997 02:30 PM I APR 281998 X Apl Pg Fm UT UL · FC[~?.] OC[TR] ID[24768666784][61286726966][ i FOLIO [24768666784] OT/NER> BEI~IflRDT, JEREXY=& HARGERY STRAP 946954 A 264831 732 TETON CT ORB/P[ 22391/[21641 :~ SALE DATE [ 26 ][ 6996 ] i'.,9 AHT [ 134466] :: ACRES [ .261 !! TRS->[49][26][31] ·LEGAL-1 BRIARYOOD UNIT TWO , HXSTD-X CIU-X UET-X BLS-X WID-X )~ AG-X BLK R LOT 26 CURRENT-EX-AHT 9[ 61 9[ 6] 9[ 61 8[ 61 9[ 6] ~[ 6] 9[ 6] 9 I 6] NAPLES FL [ 611LND 8[ L-USE IHP 8[ HXT 9[ ASD+AGADJ 9[ TAXABLE 8[ MILL-CODE [ 1261 CNTY 8[ S-SL $[ HILL-RATE S-LB 8[ [15.8866] CITY 8[ -1997 TAX ROLL- -1997- LOCRTZON [FIR TETON 22275] [ 61 [ 22275] [ 22275] [ 22275] [ 34164 4798AREA CW CERT-9$-UAL CERT-97-UAL 22275] 79614] 161889] 191889] 191889] 379.69] XSTU 8[ 146.56] 594.42] UH8 8[ 57.27] 263.69] ]SD 8[ 171.38] .96] UADP 8[ 5.45] (1997 TAXES) TOTAL 8[ -CERT]FZED- CT 792] 1618.66] RES477 11/18/1997 02:29 PM Rpl Po Fm UT UL FC[I~:2] OC[NR] iD[247£8966697][61289726699][ INC FOLIO [24768666867] OUNER> REPUBLIC DEU CORP OF 0HiO STRAP 646954 , 214831 3150 "REPUBLIC 8LUO STE 2 61/[ 6] '.': SALE DATE [ 6 ][9666 ] Ti 9 AHT [ 61 ,, RCRES [ ,26] ii TRS->[49][261131] ![ LEGRL-t BRIARIJOOD UNiT TI,lO I! -2 BLK A LOT 21 -3 ii CURRENT-EX-AHT ii HHSTD-X 9 [ 61 ~' 1662-X 9 [ 9] iiCIU-X 9[ 6] " UET-X 9 [ 9] IIBLD-X 9 [ 61 r~glO--X 9 [ 91 flG-X 9 [ 6l i~ UH-X 9 [ 81 TOLEDO HILL-CODE [ 1261 HILL-RATE [15,8866] -1997- -1997 TAX ROLL- OH 43615 1514 OREO CU CERT-96-UAL CERT-97-UAL [ 66] LND 91 22275] [ 22275] L-USE IHP 9[ 61 [ 6] mT 9[ 22275] [ 22275] ASD+AGADJ 9[ 22275] [ 22275! TAXABLE 9[ 22275] [ 22275] CNTY 8[ 83.91] HSTU ~[ 32,63] S-SL 8[ 129,95] UHB 8[ 12.52] S-LB 8[ 57,691 1SD 8[ 37,47] CITY 8[ .99] UADP 8[ 1.19] LOCATION [FIR TETON (1997 TAXES) TOTAL 8[ 353.86] -CERTiFiED- CT 896] RES477 11/18/1997 02:29 PM APR 2 8 1998 Rpl Po F~ UT UL FCIC2] OC[TR] iD[24768699823][61286726699][ !i FOLZO [Z4768666823] OI,,'NER> REPUBLIC DEU CORP OF OHIO INC · STRAP 646954 A 224631 3159 N REPUBLIC BLUD STE 2 !l ORB/P[ 6]/[ 6] Ii SALE DATE[ 9][6969] ,, ~ RHT [ 6] TRS->[49][26][31] it LEGAL-! BRIflR~OD UNIT TI. lO -2 BLK fl LOT 22 ',l CURRENT-EX-RHT :,~ HHSTD-X 8 [ 9 ] ~! 166~.-X 8 [ 6 ] " CIU-X 8 [ 9] ;iUET-X 8 [ 6] :'BLD-X 8 [ 6] iTI~ID-X 8 [ 6l :~ I~H-X 8 [ 6 i TOLEDO HILL-CODE [ 126l HILL-RRTE [15,8866] -1997- -1997 TAX ROLL- OH 43615 1514 AREA CY CERT-~G-UAL CERT-9?-UAL [ 96l LNO $[ 29486l [ 29468] L-USE IHP 8[ 6] [ 9] HXT $[ 2~88] [ 29488] ASD+RGADJ 8[ 2o~861 [ 29488l TAXABLE 8[ 29488] [ 29488l CNTY 8[ 169.88l HSTU 8[ 42.46l S-SL $[ 172,63] I,fl48 $[ 16.57] S-LB 8[ 76,37] ISD 8[ 49.69] CiTY 8[ ,99] UADP 8[ 1.58] LOCATION [Nfl TETON (1997 TAXES) TOTRL 8[ -CERTIFIED- CT 824] 468.43] RES4?7 11/18/1997 02:28 PM APR 2 8 1998 Rp! Po Fm UT UL FC[~Z] OC[TR] ID[24768666964][61286726999][ ii FOLIO i! STRRP 846954 B 44831 4; RHT [ 416661 !i flCRES [ .161 TRS->[49][2&][31] [24768696994] OI, A~R> t,II. IERTLEY, TOHOTHY H K =& LYNDR KREUZSTRRSSE 41 66851 HRUTSTUHL GERHRN? HILL-CODE [ 126] LEGRL-1 BRXflRI,,IOOD UNIT TI, lO -2 BLK B LOT 4 -3 t[ -4 CURRENT-EX-RHT ItHHSTD-X4; [.. 91 I? I] 166Y.-X 4;[ 6 ] CIU-X 4; [ 61 UET-X 4; [ 9 ] BLD-X 4; [ 9 ] BID-X 4; [ 6] AG-X 4;[ 9 ! , UH-X 4;[ 6 i HILL-RATE [15.6869] -1997- CERT-gG-URL [ 99] LND $[ L-USE ]lip 4;[ FIXT 4;[ RSD+RGflDJ 4;[ TRXRBLE 4[ -1997 TFlX ROLL- RRER CB CERT-97-URL 22991] [ 22991] 9] [ 6] 22991] [ 22991] 22991] [ 22991] 22991] [ 22991] CNT¥ S-SL S-LB CITY LOCRTION [FIR BRIRRBOOD 85.681 HSTU 8[ 33.661 134.13] tvq4B 4[ 12.921 59.551 lSD 4[ 38.68] .96] UflDP 4[ 1.23] 365.25] (1997 TRXES) TOTRL 4[ -CERTZFIED- BLUD 889] RES477 1111811997 02:32 PM J APR 2 8 1998 '/,? X Rpl Po F. UT UL FCIC2 ] OCT NR ! ! D[ 247686669261[ 612867266991 [ FOL!O [24768696926] STRAP 64G954 B ORB/P[ 2148]/[ 225] SALE DATE [121[e29G] ~ RHT [ 8] ACRES [ .1BI TRS->[49][26 ][31] LEGRL-~ BR]flR~OOD UN]T TUO -2 -3 -4 BLK B LOT 5 CURREHT-EX-AHT Okq, ER> KUTHER, FRANZ PETER 54831 ANNELIESSE KUTHER BRESDENERSTR 58 GTGG3 KAISERSLAUTERN GERHANV -1997 TAX ROLL- H!LL-CODE [ 128] HILL-RATE [15.8868] -1997- CERT-gG-UAL ! 81] LND L-USE HI(T ASO+RGADJ TAXABLE AREA CY CERT-9?-UAL 22991] [ 229911 81 [ 162415l 22991] [ 12548G] 229911 [ 125486] 229911 [ 125486] CNTY 8[ S-SL 8[ S-LB 8[ CITY 8[ 467.33] HSTU 8[ 188.311 731.621 I~B 8[ 78.48] 324.861 ISD 81 218.951 .88] UADP 8! 6,71l LOCATION INA BRIRRUOOD (1997 TAXES) TOTAL 81 -CERTIFIED- BLUD 9111 1992,281 RES477 11/18/1997 02:32 PM X FOLIO !iSTRAP 846954 B G4631 ,JENAERSTR21 ORB/P[ 2175]/[2195] SflLE DATE [ 29 ] 18496 ] 9 flHT [ 36888] ACRES [ .21] TRS->[49][2G][31] Rpl Po F. UT UL FCIC2] OC[NR] TD[24768886946][61288728868][ [2476886~946] OI4NER> GRAICHEN, HANS PETER=& GERDA BRIARYOOD UNIT TWO BLK B LOT 6 CURRENT-EX-flHT $ [ BI 9[ 8] 9[ 6] 9[ BI 9[ 8] INGELHEXH-RHEIN GERHANY LEGAL-I -2 "HHSTD-X 186~.-X CIU-X UET-X :, BLD-X -1997 TAX ROLL- YlD-X 9 [ 6 l AG-X 9 [ 8 l UH-X 9 [ 6 ! CERT-96-UAL AREA CW [ 81] LND L-USE IHP HKT ASD+AGADJ TAXABLE CERT-97-UAL 28458] [ 28458] 9] [ 162415] 28458] [ 139873] 28458] [ 136873] 28456] [ 136873] HILL-CODE [ 126] CNTY 8[ 487.76] HSTU 8[ S-SL 8[ 763.51] H 8[ HILL-RATE S-LB 8[ 338.96] ISD 8[ [15.8866] CITY 9[ .68] UADP 8[ (1997 TAXES) TOTAL 8[ -CERTIFIED- 933] 188,18] 73.55] 226,14] 7,66] 2879.64] RES477 -1997- LOCATION INA BRIARWOOD BLUD 11118/1997 02:32 PM x Rp]. Po Fm UT UL FCIC2] OC[NR] ID[247688889621161286728888][ ,, LEGAL-l_ i' HHSTD-X CiU-X BLD-X I,I[D-X AG-X ~-X FOLIO STRAP 646954 B74831 ORB/P[ 22481/[ 4851 SIDLE DATE[ 171 [ 1896 l 8 RHT [ ~.942881 ACRES [ .21] TRS->[49 ][ 26 ][ 31] BRIRRI,IOOD UNIT TYO BLK B LOT 7 [24768666962] 0lINER> YOLFORD, ROBERT T=& CHARLOTTE 955 BRIARWOOD BLUD CURRENT-EX-flHT 25888] NAPLES -1997 TAX ROLL- HiLL-CODE FL 34184 6881 AREA CU CERT-96-URL CERT-97-UflL [ 811LND 81 27489) [ 2?489] L-USE iFIP 8[ BI [ 125828] HKT 8[ 27489] [ 152569] ASD~RGADd 8[ 27469] [ 152569] TAXABLE 8[ 27489] [ 127569] 8[ 8[ 9] [ 126] 6] 91 HILL-RATE 9] [15.88691 6] -1997- 9] 6] CNTY 8[ 475,16] HSTU 8[ 183,34] S-SL 8[ 743,89] ~ 8[ 71.66] S-LB 8[ 336.25] ISD 8[ 214.48] CITY 8[ .96] UADP 8[ 6.82] LOCATION I~ BRiRRYOOD (1997 TAXES) TOTAL 8[ -CERTIFIED- BLUD 955] 2625.66] RES47? 11/18/1997 02:32 PM APR 2 8 1998 X Rp]. Po Fp~ UT UL FC[~Z] OC[NR] XD[247GB666988][G1289728669][ ] FOLIO [24768666988] OIJXER> GILLIES, ROBERTS-& EUPHEH]A J STRAP 64G954 B 84831 967 BR]ARI~OOD BLUD ~( ~ ORB/P[ 2284]/[ 343i -1997 TAX ROLL- SALE DATE [ 9][8796] l( ~( 9 AXT [ 283968] ACRES [ .21] NAPLES FL 34184 8881 AREA CU TRS->[49][26i[31i CERT-gG.-UAL CERT-97-UAL LEGAL-1 BRIARI,JOOD UN].T TI,lO [ 81] LNO 9[ 27489] [ 27489] -2 BLK e LOT B L-USE IItP $[ 6] [ 132261] -3 Hi(T,[ 2748,] [ 159756] -4 ASD+AGAD,J 8[ 27489] [ 159759] CURRENT-EX-AHT TAXABLE ~;[ 27489] [ 159758] HHSTD-X 9 [ 8] HILL-CODE 188~'.-X 9 ( B] [ 126] CNT¥ 8[ 595.3"-] HSTU 8[ 229.71) CIU-X ~ I 6] S-SL 8[ 931,98] Iai'lB UET-X ~[ 9] HILL-RATE S-LB 8[ 413.75] lSD ~;[ 2G8.72] BLD-X 8 [ 91 [15.8866] CiTY $[ .99] URDP $[ 8.55] IJIO-X 9[ 6] -19,7- AG-X 9[ 61 (:19,7 TAXES)TOTAL $[ 2537.86] IJI, I-XS [ 6 ] -CERTIFIED- LOCATION INA BRIRRGq]OD BLUD 967] RES477 11/1811997 02:33 PM ILl Rpl Po Fm UT UL FCIC2] OC[NR] ID[24768661669][61289726996][ FOLIO STRAP 646954 B ORB/P[ 21261/[ 135] SALE DATE [ 71112951 ~ AXT [ 169798] ACI~ES [ .21] TRS->[49 ] [ 26 ] [ 31 ] LEGAL-1 -2 -3 -4 [24768661866] Ol,,ff~R> UASSEUR, THOHRS A=& PATRICIA H 94B31 977 BRIAR~OD BLUD NAPLES BRIARWOOD UNIT TWO BLK B LOT 9 TAX BOLL- :~ CURRENT-EX-AHT !IHHSTO-X * [ 25666] 166~-X ~ [ 81 CIU-X ~ [ 6] UET-X ~ [ 6] BLD-X ~ [ 8] WlD-X ~ [ 91 AG-X ~ [ 8] WH-X ~ [ 61 FL 34~64 6691 AREA CU CERT-gG-UAL CERT-97-UAL 61] LND $[ 27489] [ 27489]i~1& 94219] [ 113689P~lr 121768] [ 141178] 121768] [ 141178] 96768] [ 116178] HILL-CODE [ 129] HILL-RATE [15.6869] -1997- L-USE ]XP HXT ASD+AGADJ TAXABLE CNTY gl S-SL 8[ S-LB 8[ CITY gl LOCATION INA BRZARUOOD 432.94] HSTU 8[ 167.96] 677.78] i, lfl8 8[ 65.29] 366.96] ISD 8[ 195.43] .96] URDP 8[ 6.22] (1997 TAXES) TOTAL 8[ -CERT]F]ED- BLUD 977] 1845.62] RES477 11/18/1997 02:33 PM APR 2 8 1998 X Rp! Po F~ UT UL FCIC210C[NRI ID[247G888182GI[G1286728989][ FOLIO :! i' STRAP 84G954 B 184831 i', ORB/P[ 21811/122451 ii SRLE DATE [ 13 ] [ 85% ] ~ AHT [ 151566] ACRES [,21] TRS-,'t49][2G][31] LEGAL-1 -2 -3 -4 HHSTD-X 1682-X CIU-X UET-X BLD-X UID-X AG-X WH-X [247G888182G] OL,'NER> DINR~ U]CTOR 999 BRIARWOOD BLUD NAPLES BRIflR~OD UNIT TWO BLK B LOT 18 HILL-CODE [ 128] CURRENT-EX-Am ~ [ 25888] 8[ 8] 8[ 6] ~ [ 8] ~[ BI $[ BI 8[ 8l ~ [ 61 HILL-RATE [15.8869] -1997- -1997 TAX ROLL- FL 34194 9861 RRER CU CERT-A&-UAL CERT-97-UAL [ 611 LNO 8[ 27489] [ 27489] L-USE II'IP 8[ 9] [ 111984] liXT 8[ 27489] [ 139473] RSD~AGADJ 8[ 27489] [ 139473] TAXABLE 8[ 27489] [ 1~4473] CNTY 8[ 426.58] ltSTU 8[ S-SL 8[ 667,84] IJliB 8[ S-LB 81 29&,49] ISD 8[ CITY 8[ ,96] UflDP 8[ 164.66] 64,331 192,561 6,~21 1818,52] RES477 (1997 TRXES) TOTRL 8[ -CERTIFIED- LOCATION [~ BRIRR~OD BLUD 999] 11118/1997 02:33 PM APR 2 8 1998 Rp! Po Fm DT UL FCIC2! OCITR] ID[24768862122][61288728888][ [24768692122] OT, INER> BRIARYOOD DEU CORP 1483! PO BOX 8725 FOLIO STRAP 646957 A ORB/P[ 2361]/[3515] SALE DATE [ 4][6497] S AHT [ 6] ACRES [ .26] NAPLES TRS->[49][26][31] LEGAL-1 BR[ARUOOD UNIT THREE -2 BLK A LOT 1 -3 -4 CURRENT-EX-AHT HHSTD-X ~ [ 6] 166~-X ~ [ 6] CIU-X ~ [ 9] UET-X ~ [ 6] BLD-X ~ [ 6] ~ID-X ~ ! 6] AG-X ~ [ 6l ~H-X 8 [ 61 HILL-CODE [ 126l CNTY 8[ S-SL $[ HILL-RATE S-LB g[ [15,8866] CITY g[ -1997- LOCATION INA UINTRGE 11/18/1997 02:40 PM -1997 TAX ROLL- FL 34161 8725 AREA CU CERT-AG-UAL CERT-97-UAL [ 96l LNO gl 9855] [ 36872] L-USE ]HP 8[ 6] [ 6] HKT 8[ 9855] [ 36872] flSD+flGADJ 8I 9855] [ 36872] TAXABLE 8[ 9855] [ 36872] 137.41] flSTU gl 53.62] 215.11l H gl 26.72] 95,59] ISD gl 62.62] .66] UADP g[ 1.97] (1997 TAXES) TOTAL $[ -CERTIFIED- LN 1556l 585.75] RES47? X Rpl Po Fp, UT UL FCI~Z] OCINRI ID[24768662148][61269729966][ FOLIO STRAP 646957 A ORB/P[ 2139]/[ 268] SALE BATE [17][6196] ~ AHT [ 44966] ACRES [ .19] TRS->[49][261131] LEGAL-1 -2 -3 -4 [24768662148] Ot,~INER> KOTSONIS~ GEORGE 24631 186 XRNHRTTAN RUE APT 714 UNION CITY BRIARHOOD UNIT THREE BLK A LOT 2 CURRENT-EX-AHT HHSTD-X $ [ 9] 166~-X S [ 9] CIU-X ~ [ 6] UET-X S [ e[ BLD-X ~ [ 8] HID-X ~ [ 61 AG-X $ [ 81 kq.I-X ~ [ 6] -1997 TAX ROLL- HILL-CODE [ 126] HILL-RATE [15.8866] -1997- NJ 97987 5228 AREA CU CERT-AG-UAL CERT-97-UAL [ 611LND 8[ 9855] [ 35566] L-USE IHP $[ 91 [ 119992] HKT 8[ 9855] [ 146498] RSD~RGflDJ 8[ 9855] [ 146498] TAXABLE 8[ 9855] [ 146498] CNTY 8[ 545.92] HSTU 8[ 216.65] S-SL 8[ 854.67] TA4B 8[ 82.34] S-LB 8[ 379.43] [SD 8[ 246.43] CITY 8[ .96] URDP 8[ 7.84] (1997 TAXES) TOTAL 8[ -CERTIFIED- LN 15461 LOCATION INA UINTRGE 2327.28] RES477 11/18/1997 02:40 PM APR 2 8 1998 Apl Pg Fpm UT UL FCIC2] OC[XR] :[D[24768662164][61286726996][ FOLXO STRAP 646957 R ORB/P[ 2229]/[ 151] SALE DATE [16][6996] 8 RI'fi' [ 228668] ACRES [ ,19] TRS->[49][26][31] LEGAL-1 -2 -3 -4 [24768662164] OWNER> STRflNG, I,IOLFGflN=& SYLU]R 34831 GEHflRKSTR 98 5169 KOELN GERHRN? BRXARNOOD UNIT THREE BLK A LOT 3 CURRENT-EX-AHT HHSTD-X 8 [ 6 ] 199~.-X 8 [ 6 ] CIU-X ~ [ 6] UET-X 8 [ 8 ] BLD-X 8 [ 9 ] IJIO-X 8 [ 6 ! RG-X 8 [ 6 ] I,,IH-X 8 [ 8] -1997 TAX ROLL- AREA Cg CERT-96-UAL CERT-97-UAL [ 611LND 8[ 9655] [ 35566] L-USE ]lip 8[ 9] [ 126988] HKT 8[ 9855] [ 156,494] ASD~AGAOJ 8[ 98551 [ 156494] TAXABLE 8[ 9855] [ 156494] HILL-CODE [ 126] HXLL-RRTE [15,8869] -1997- CHTY 8[ 583,17] HSTU 8[ 225.63] S-SL 8[ 912.99] UXB 8[ 87.95] S-LB 8[ 495.321 lSD 8[ 263.24] C]TY 8[ .66] URDP 8[ 8,37] (1997 TAXES) TOTAL 8[ -CERTXF]ED- LN 15421 LOCAT]ON [HR U]NTRGE 2486.97 ] RES477 11118/1997 02:40 PM APR 2 8 1998 _p~._, , ,5'1 .X Apl Po Fn UT UL FCT~2] OC[NRI i0124766662166][61289726969][ FOLIO [24766662186] OT, INER> COLON[R TI, lO XNC STRAP 946957 R 44831 2229 SNOOK DR ORB/P[ 2391]/[ 792] SALE DATE [ 3119497] ~ flHT [ 212569] ACRES [ .261 NAPLES FL TRS->T49][2G][31] LEGAL-1 BRIRR~OD UNIT THREE -2 -3 -4 BLK R LOT 4 CURRENT-EX-Am HHSTD-X ~ [ 91 166~-X ~ [ 61 CIU-X 9 [ 61 UET-X 9 [ 61 BLD-X 9 [ YlD-X 9 [ RG-X 9 [ YH-X 9 [ 61 -1997 TAX ROLL- 34192 1576AREA CU CERT-gG-UAL CERT-97-UAL [ 911 LNO 91 98551 [ 36981] L-USE IXP 9[ 9] [ 1128981 HXT 9[ 9855] [ 1498791 RSD~flGflDJ 9[ 9855] [ 149879] TAXABLE 9[ 98551 [ 149879] HXLL-CODE [ 129] CNTY 9[ 558.52] HSTU 9[ 215.52] S-SL 9[ 874.39] Yt'tB $[ 84.24] HILL-RATE S-LB 9[ 388.191 lSD 9[ 252.11] 61 [15.8869] CITY 9[ .99] URDP $[ 8.92] 61 -1997- 9] (1997 TAXES) TOTAL 9[ -CERTIFIED- LOCATION [FIR UINTRGE LN 1538] 2386.99] RES477 11118/1997 02:40 PM NO, TT APR 2 8 1998 Rpl Po Fn UT UL FCIC2] OC[TR] ID[24768962481][$1286729666][ FOLIO STRAP 646957 B 14931 ORB/P[ 2184]/[ 962] SALE DATE [16][9596] 8 flHT [ 34999] ACRES [ ,25] TRS->[49][26][31] BRiARUGOD UNiT THREE BLK B LOT I [24758692481] OI,q~iER> KIRCHNER, HAROLD~ SALLY 1541 UiNTAGE LANE CURRENT-EX-AHT HHSTD-X 8 [ 25699 ] 169~.-X 8 [ 6 ] CiU-X 8 [ 61 UET-X 8 [ 9 ] BLD-X 8 [ 6 ] AG-X 8 [ 6 ] ii UH-X 8[ 6] NAPLES -1997 TAX ROLL- HiLL-CODE [ 126] HILL-RATE [15.6869] -1997- FL 34164 6969 AREA CU CERT-AG-UflL CERT-97-UAL [ 611 LNO 8[ 9855] [ 31775] L-USE IHP 8[ 6] [ 91 XXT 8[ 9855] [ 31775] RSD~RGADJ 8[ 98551 [ 31775] TAXABLE $1 98551 [ 31775] CNTY 8[ 118.41] HSTU 81 45,69] S-SL 8[ 165,38] Gq'lB 81 17,85] S-LB 8[ 82.39] ISD 8[ 53,45] CITY 8[ .89] URDP 8[ 1.76] (1997 TAXES) TOTAL 8[ -CERTIFIED- LOCATION INA UINTAGE LN 1541] 594.78l RES477 11/18/1997 02:44 PM Rpl Po F. UT UL FCIC] OC[TR] ID[24768882594][$1289726696][ FOLIO STRAP 64695? B ORB/P[ 2296]/[2119] SALE DATE [28][839?] ~ RHT [ 39888] ACRES [ .33] TRS->[49][26][31] LEGAL-1 -2 -3 -4 [24768882584] OIJNER> UON GURETZKY-CORNITZ, JACK R 24B31 2228 SNOOK DR BRIflRI, fltOD UNIT THREE BLK B LOT 2 CURRENT-EX-Am XXSTD-X ~ [ 8] 188~-X ~ [ 8] CIU-X $ [ 8] UET-X ~ [ 6] BLD-X ~ [ 6] ~lD-X ~ [ 8 ] AG-X ~ [ 8] ~H-X ~ I 81 NAPLES -1997 TAX ROLL- HILL-CODE [ 128] HILL-RATE [15.8866] -1997- 11/18/1997 02:45 PM FL 34~92 1576 AREA CY CERT-96-URL CERT-97-UAL [ 61] LIdO $[ 9855] [ 34223] L-USE ll'l~ $[ 6] [ 6] XI{T ~[ 9855] [ 34223] RSD+RGRDJ ~[ 9855] [ 342231 TAXABLE $[ 9855] [ 34223] CNTY 9[ 127.54] HSTU $[ 49.21] S-SL 8[ 199.66] Gq'lB $[ 19.23] S-LB 9[ 88.64] ZSD 8[ 57.56] CITY 8[ .66] UADP 8[ 1.83] (1997 TAXES) TOTAL 8[ -CERTIFIED- LOCATION INA U]NTRGE LN 1537] ......... m 543.67 ] RES477 / ! ? / .C 11`/ 13.08' 7/ oo ,o · tO o ~,.. 'i. '. ,( ~0 . :. :. ....:~. '. ~ ~ DRAINAGE EAS .'AS . .' · z e IN O.R.B. 1851 PAGES 1613~1616 ' "" ~ ..... .. , .,'.';'0" ..~ · .: { ' .;..., ,.. -. ~ ~ I "" ".'~? ' '':;~' :"" ...... :~'~..' ~.,P:,.~ ?. ~.;>. ~ .... <0 1" '" ':"'~;" ' ' '? .... W< ~.-: ..- <~ .. I.~' '::.") .,.:".:...' 22 1 ~ '~' I ~ ~o"u.~.".. : ~ ° I ~ ~ S ~ "' .':'. ~ L ~_128.1, = ' -' '~'. '- s o~m'~' ~ I 6/ \ \ ~) ~L-4 .t 'NO. NO. · SUBDZ' "'0RMATION ~7 986 Tract I I I 13.0' Proposed Residence . t2f.3' c~ Unplotted -5.0° -7.5' Cur Rc~d Delt ArC' Ton: Cho Cho I Beorlng Basis - Per Plot $.8826','20'~. 60.00' ! 20.60' BRIARWOOD BOIJI.~V'ARD · o'~ Tract R APR 2 8 1998 FE~--],9--98 THU e~:lJ. PIt 941 ~4B~4 P. e3 EXECUTIVE SUMMARY PETITION CU-97-27, WILL.La, M L. HOOVER, AICP, OF HOOVER PLANNING, AND BEAU KEF. NE, PE, REPRESEHTING GOLDEN GATE ASSEMBLY OF GOD CHURCH, REQUESTING CONDITIONAL USE '1" OF THE ESTATES ZONING DISTRICT FOR RECONFIGURING THE PROPERTY BOUNDARIES OF AN EXISTING CHURCH AND FOR ADDITION OF BUILDINGS AND PARKING FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 39~" STREET SW AND 29~" AVENUE SW, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, CONSISTING OF 5.07+1- ACRES. OBJECTIVE: The applicant requests a Conditional Use for recon~uration of the legal description of an existing Provisional Use for a church and for future expansion. CON ,S, IDERATIONS: The Golden Gate Assembly of C-.-.-.-.-.-.-.-.-~d Church currently exists at the corner of 39~ Street SW and 29m Avenue SW. The Petitioner requests a Conditional Use for a church and related facilities on the parcel of land which now supports the church, however the property boundaries am dilfemnt. The existing church is on a parcel of land approved for a Provisional Use (now called Conditional Use) for a church in 1981. The church bought the parcel of land adjoining it to the north in 1986 for future expansion, however, that parcel was not Included in the Provisional Use. In 1991, the Golden Gate Area Master Plan (GGAMP) was adopted. The GGAMP included Iocaflonal criteria for Conditional Uses in C.-.-.-.-.-.-.-.-.~Men Gate Estates. The proposed addition of land does not meet these Iocalional criteria, so the Petitioner has proposed changing ~ conditional use boundaries, resulting In a somewhat smaller, reconfigured parcel. APR 2 8 1998 At its April 2, leg8 meeting, the Collier County Planning Commission voted to continue the hearing until April 16, leg8 so Planning Services staff and the County Attorney could mom fully explore Growth Management Plan Issues raised at the hearing, FISCAL IMPACT: If this petition is approved, the reconfigurafion of the property boundaries will have no fiscal impact on Collier County. GROW~...H MANAGEMENT IMPACT: The subject property is designated Estates on the Future Land Use Map of the Golden Gate Area Master Plan. This designation permits residential development at 1 dwelling unit/2¼ acres, and conditional uses, including churches, subject to Iocational criteria. A portion of the subject site - all of Tract 150, consisting of 5.23 acres - contains an existing church (PU-81-9C). The petitioner proposes to expand the existing church facilities. The new construction and site improvements will not occur wholly within the existing legal description. The petitioner proposes a mconfiguratiort/addition of property consisting of 5.07 acres, as follows: remove from the existing provisional use site (Tract 150) the property underneath the 3~ Street SW easement and most of the property within the FPL easement; add a portion of Tract 149, exclusive of the property underneath the 39~' Street SW easement and most of the property within the FPL easement. (see page 6 of this Staff Report) The Golden Gate Area Master Plan contains 4 provisions for Conditional Uses in Golden Gate Estates. These are as follows, with staff comments in [brackets]: Essential Services conditional uses are allowed anywhere within the Estates. [A church is not defined as an essential service.] 'In-fill' properties on Santa Barbara Blvd., and on the west side of CR-951. [The subject site is not located along either of these roads.] Within Neighborhood Centers. [The subject site is not within a Neighborhood Center.] Transitional conditional uses (which am Intended to provide a transition from certain norH'esiden~l uses to residential uses, such as a church located between a house and a commerdal site) subject to criteria, including: 'Site shall be 2.5 acres or more in size and shall not exceed 5 acres.' [The subject site exceeds 5 acres, though this is an acreage red~.] 'Site shall not be adjacent to a church ... ' [The subject site ts adjacent to/includes a church - there is 2 PR g 8 ]c Jo J8 / In addition to the above provisions, staff issued an Interpretation on September 8, 1992 (GP-37-1) pertaining to the expansion of existing concrrtional uses. (The petitioner included a copy of this Interpretation in the application package.) This Interpretation concludes: 'Therefore, those previously approved and valid conditional uses may expand or redevelop within the legally described property for which the conditional use was granted. This interpretation does not permit a change from one conditional use to a new conditional use or any expansion which involves additional acreage.' This Interpretation allows for on-site expansions of an existing conditional use. The petitioner proposes to expand the existing conditional use beyond the boundaries of the existing conditional use legal description, however, the resulting acreage will be slightly less than the current acreage. The Board can make a policy decision that the reconfiguration and reduction in size of the existing church site is consistent with the GGAMP. However, without that policy decision, since the subject site does not comply with the Iocational criteria for conditional uses in the Estates designated area, the petition is judged inconsistent with the GGAMP. HISTORICIARCHAEO~.OGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological PmbabBty as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING COMMISSION IRIECOMM~{IpATION: Due to the continuance, the recommendation of the Collier County Planning Commissiot~ was not available at the time this executive summary was wrfften, therefore the CCPC recommendation will be presented verbally at the Board meeting. 3 APR 2 8 1998 $ Pg. PREPARED BY: IFV~"WED BY' ~~'. NINO, AICP CURRENT PLANNING MANAGER DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-97-27 4 APR Ae 8 1998 Pf:~. 4 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL, PLANNER II COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 11, 1998 RE: PETITION CU-97-27 (GOLDEN GATE ASSEMBLY OF GOD) OWNER/AGENT: AGENT: OWNER: William g Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, Suite 220 Naples, FL 34103 Golden Gate Assembly of God, of Naples, Inc. 3899 29~' Avenue SW Naples, FL 34117 REQUESTED ACTION: The applicant requests a Conditional Use for mconfiguration of the legal description of an existing Provisional Use for a church and for future expansion. GEOGRAPHIC LOCATION: The subjec~ property is addressed as 3899 29~ Street SW and is located in the northeast corner of the intersection of 39~' Street SW and 29a Avenue SW In Section 26. Township 49 South. Range 26 East legally described as the west 520 feet ot Tr~,~ '1 and the west 520 feet of the south 150 feet of Tract 149 and excluding t~ easement for 39~ Street SW right-of-way, Golden Gate Estates, Unit Number !8 APR 8 1998 I I 2 L' / APR 2 8 1998 pURPOSE/DESCRIPTION QF PROJI~CT: The Golden Gate Assembly of God Church currently exists at the comer of 39"~ Street SW and 29"' Avenue SW. The Petitioner requests a Conditional Use for a church and related facilities on the parcel of land which now supports the church, however the property boundaries are different. The existing church is on a parcel of land approved for a Provisional Use (now called Conditional Use) for a church in 1981. The church bought the parcel of land adjoining it to the north in 1986 for future expansion, however, that parcel was not included in the Provisional Use. In 1991, the Golden Gate Area Master Plan (GGAMP) was adopted. The GGAMP included Iocational criteria for Conditional Uses in Golden Gate Estates. The proposed addition of land does not meet these Iocational criteria, so the Petitioner has proposed changing the conditional use boundaries, resulting in a somewhat smaller, reconfigured parcel. SURROUNDING LAND USE AND ZONING; Subject Site: Existing church facilities and vacant Golden Gate Estates lot; zoned E and E with a Provisional Use for a church Surrounding: North East - South - West - Vacant Golden Gate Estates lot; zoned E FPL easement on Tracts 149 & 150, across which is land which currently is used as the Parsonage for the Pastor;, zoned E 29~ Avenue SW ROW 39"' Street SW ROW, across which is the 951 canal and CR 951 HISTORIC/ARCHAEOLOGICAL IMPACT.; Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Waiver of Historic and Archaeological Survey & Assessment is not required. TRANSPORTATION, INFRA~rRUCTI,IRE AND ENVIRONMENTAL IMPACT; church ' The ITE Trip Generation Manual indicates that phase one of the hour~l~~"~ generate 253 trips on a Sunday and 65 trips during the AM peak phase two will generate 124 trips on a Sunday and 32 trips duflng the Based on these data, the site generated traffic will no{ exceed the significance test standard (5% of the LOS 'C' design volume) on any County mad. Furthermore, lhis petition will not lower the level of sewice below any adopted LOS 'D' standard within the project's radius of development Influence (Ri)l). Therefore, the project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE r~ts CR-951 as a four lane arterial road. The current traffic count is 28,102 and is operating at LOS 'C'. It should be noted that this segment is not projected to be deficient within the next five years. Therefore, no road Improvements to 6 lane this segment is required for concurrency purposes. Therefore this petition complies with Policies 1.3 and 1.4 of the TCE. The petition has been reviewed by Current Planning environmental staff. ~Fi'AFF ANALYSIS; a. Consi.~tency with this Code and the Growth Management Plan. STAFF FINDINGS: The subject property is designated Estates on the Future Land Use Map of the Golden Gate Area Master Plan. This designation permits residential development at 1 dwelling unit/2% acres, and conditional uses, including churches, subject to Iocational criteria. A portion of the subject site - all of Tract 150, consisting of 5.23 acres - contains an existing church (PU-81-9C). The petitioner proposes to expand the existing church facilities. The new construction and site improvements will not occur wholly within the existing legal description. The petitioner proposes a reconfiguration/addition of property consisting of 5.07 acres, as follows: remove from the existing provisional use site (Tract 150) the property undemeeth the 39~' Street SW easement and most of the property within the FPL easement; add a portion of Tract 149, exclusive of the property underneath the 39~' Street SW easement and most of the property within the FPL easement. (see page 6 of this Staff Report) The Golden Gate Area Master Plan contains 4 provisions for Conditional Uses in GolrJen Gate Estates. These are as follows, with staff comments in [brackets]: Essential Services conditional uses are allowed anywhere within the Estates. [A church is not defined as an essential service.] 'In-fill" properties on Santa Barbara Blvd., and on the west side of CR-951. [The subject site is not located along either of these roads.] Within Neighborhood Centers. [The subject site is not within a Neighborhood Center.] Transitional conditional uses (which are Intended to provide [a-"~:~,~;J"-I~,~'y~'~--'~'t from certain non-residential uses to residential uses, such located between a house and a comrnerdal site) subject to criteria, Including: 'Site shall be 2.5 acres or more in size and shall not exceed 5 acres.' [The subject site exceeds 5 acres, though this is an acreage reduction.] 'Site shall not be adjacent to a church ... ' [The subject site is adjacent to/includes a church - there is no tmnsition.] In addition to the above provisions, staff issued an Interpretation on September 8, 1992 (GP-37-1) pertaining to the expansion of existing conditional uses. (The petitioner included a copy of this Interpretation in the application package.) This Interpretation concludes: 'Therefore, those previously approved and valid conditional uses may expand or redevelop within the legally described property for which the conditional use was granted. This interpretation does not permit a change from one conditional use to a new conditional use or any expansion which involves additional acreage.' This Interpretation allows for on-site expansions of an existing conditional use. The petitioner proposes to expand the existing conditional use beyond the boundaries of the existing conditional use legal description, however, the resulting acreage will be slightly less than the current acreage. The Board can make a policy decision that the reconfiguration and reduction in size of the existing church site is consistent with the GGAMP. However, without that policy decision, since the subject site does not comply with the Iocational criteria for conditional uses in the Estates designated area, the petition is judged inconsistent with the GGAMP. b. Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe. PRO: Proposed access to the site would be from existing driveways from 39~' Street SW and 29"' Avenue SW. A driveway apron along 29~ Street SW is proposed to be removed. scope. CON: An increase of 540 seats will increase the Sunday traffic on these local streets. STAPF FINDINGS: It is staff's opinion that the increase in traffic will have an impact on 39~' Street SW, particularly on Sundays. However, with its proximity to the bridge across the canal to CR 951 at 25~' Avenue SW, the traffic Impact should be limited in APR 2 8 1998 c. The effect the conditional uae would have on neighboring properties In relation to noise, glare, economic or odor effects. PRO: The Petitioner states that they are "willing to agree to reasonable architectural standards'. This, along with the required landscape buffers, would reduce the visual impact of a church on the neighborhood CON: The proposed use, although a church does exist on the site, shall Increase the seating capacity and therefore shall increase the potential number of worshipers. STAFF FINDINGS: It is staff's opinion that the proposed reconfiguration and expansion of the site would have some effect on neighboring properties in relation to noise and economic effects, however, these would be ameliorated by landscaping and architecture. d. Compatibility with adjacent properties and other property in the district. PRO: In most residential zoning districts, churches are not only compatible', but are used by youth groups, as polling places, and for other neighborhood oriented events CON: If it is determined that the petition is not consistent with the GGAMP, a church on the north portion of the proposed site is not compatible with the neighborhood. STAFF FINDINGS: The compatibility with adjacent properties will depend on the Board's policy decision regarding the reconfiguration of the site. STAFF RECOMMENDATIC)N: The Petition does not meet the Iocational criteria for a church within the area govemed b,./ the Golden Gate Area Master Plan. However, this is a reconfiguration of the boundaries and a slight reduction in acreage of an existing church. Staff has no objection to the Petition if the Board decides that the reconfiguration of the site is consistent with the GGAMP, however, since that policy decision has not yet been made, staff is constrained from recommending approval and recommends that the Collier County Planning Commission forward Petition CU-97-27 to the Board of Zoning Appeals with a recommendation of denial. 7 APR 2 8 1998 _il - IIII III I II I IIII I I II IIIIIII I IIII III IIII PREPARED BY: FRED REISCHL, PLANNER II CURRENT PLANNING REVIEWED BY: DATE RONALD F. NINO. AICP ACTING CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR VINCENT A. cAUTERO, AIcP DA~ COMMUNI~ DEVELOPMENT & E~IRONMENTAL sERVICEs ADMINIsT~TOR PETITION CU-97-27 Staff Report for the April 2, 1998 CCPC meeting. This petition has been tentatively scheduled for the April 28, 1998 BZA meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN cu-g7-27 Staff Rel:mrt APR 2 8 T998 -_:,. COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUESTS.. [ PETITION NO. " ' COORDINATING PLANNER: F"_ ~'~ ~s c ~ t... DATE RECEIVED :'" ~ .: .... Applicant Name (Agent): William L. Hoover. AICP. of Hoover Plannine Shov~" Address: 5051 C. astelloDriv¢#220, Naoles. FL34103 Pbone:40~-$899 Fax~403-9009 ' and Beau g~'ne. P.E. Address: 240 Aviation Drive. Naoles. FL 34104 Phone: 403-9399 Fax: 403-Q123 Property Owner (Petitioner) Name and Address*; Pastor Jeff Fowler. Golden Cat~ Assembly of God Church. 3899 29th Avenue SW. Navies. FL 34117 Phone: 455-7051 Fax: 4:55-2625 Detailed Legal Description of Subject Property: Section ;2(~ Township 49~; Range 26E Th~ wes~ 520 f'¢~ of Tra~ 150 and the west 520 f¢~ of~e south 150 fis~'t of Tracl 149 and excluding the 60 fOOt easement for 39th Stree~ Southw~ rift-of-way. Golden Gate Estates, Unit No. 28, as recorded in Plat Book 7, Pages 19 - 20, of the Publi~: Records of Collier County, Florida. Property Identification #: 38054600004 (Tra~:! 150) - 38054560005 (S. 150' of Tra~ 149) Size of Property: 480' wide x 460' deep (rectangular-shaped) '" $.07:t: Acres General Location of Subject Property: The nonheas! comer of 39~h $~'e.~ $.W, and 29th. Avenue S.W,, (Io~ated 300' e,.ast of the Golden Gate Golf Course). Zoning of Subjec~ Property: ~ Existing Land Use: Church Type of Conditional Use Requested: Conditional Use 1, Churches and other tda~s of worship. (Petitioner desires tO redcsi~ate the expansion area for an existing chttrck The vro~sed c~pansion area would ~ to the north and nonhea~ rather than to ~he east of the existing facility.) Adjacent Zoning and Land Use: ZONING N - Estates S- Estates E - Estates W - Estates LAND USE Vacant wooded tract & thru $/F Home. VaCant woQded tract ~ then ~;/F Home. Vacan! ~hurch land with F,P.L, 170' ~ase- ment& then parsonage on 180' wide trac~, st, sw. 1oo' C,na] smt. & ?.rtt APR 2 8 1998 Pll~./.~. - NOTE: Management Plan? The orooosed reoue~ has no ~ on the Oolden Oate ~ ~PI~ ~ch~ ~~~f~~ 15~ ~ a Si~ ~~. ~~lv. ~s ~ ~ ~t ~e ~n~ 5.23-~ ~v~ si~ ~ ~t is s~ ~ ~ ~ m 5.07 ~ ~d ~ ~M~ mo~ like a ~. ~ ~d ~elo~mt ~c ~i~ ch~h~ ~ C~diti~l U~ ~tiom in ~ ~t~ ~nin. ~ 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 ca~ of' fire or catastrophe. ~is is not really an issue since the church already exists with safe and sufficient access drives on both 39th Street SW and 29th Avenue SW. In my and en_~neer Beau Keene's ~of'essional ovinions, the oro~sed site 01an offers sat'er access for oedestrians than the approved site development plan., for a new church. This is based on havin_~z the parkin_~ drives at the exterior of' the site with the buildines in the center wMch minimizes conflicts between oedestrians and motorists. The a_ovroved site development plan ha,~ a sienificant confligt between pedestrians and motorists. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. The _oro~sed redesinnation of the 5+ acres of the church site would allow the immcts from the chun;h's activities t9 r~main more alone 39th Street SW. which runs oarallel and just to the east of ¢,R, 951. 39th Street SW also functions as a minor collector. Our narrative letter and aerial ohotom'aoh descn'be/deoict in detail the l~Ln'r~undine land uses. Abuttine the orooosed boundaries ~f the church to north is a vacant, wooded 2.8:l: acre oarcel zoned Eststes. To the east is ~_ _t~m~Tty owrgd bv the church tim has a 170' wide F.P.L etsement, a 30' wide access ~_.sc-menL and the church oarsona~ on a wooded 180' wide tract zoned Estate, To thC, ~guth is 29th Avenue SW and a vacant wooded tract zoned Estate, To th~ w~ i~ ~gth S~eet SW. a 100' wide canal right-of-way, and C.R, 951 (a 4-lane areal), Signature of Petitioner or Agent Date APR 2 8 1998 · If' petitioner is · corporation ~ th~ a public corpo~ons, so indicate and nme officers ~d m~jor stockholdm. · If petitioner is s land trust, so indicate and name bcnefici~es. · If petitioner is · lm'~n~p, limited parmership or other business entity, so indicat~ ~d n~me princil~ls. · If l:gtitioner is a lcascc, attach copy of lease, and indicate actual owners ifnot indicated on thc lease. · If petitioner is a contract purchaser, attach copy of contract, and indicat~ acttud owner's name and address. Property is Owned by: Golden Gate Assembly of God, of Naples, Inc. 3899 29th Avenue S.W. Naples, Florida 34117 The petitioner is the pastor of the subject church and lives in the parsonage to the east (sec attached copy of deeds) (see attached authorization letter from petitioner) APR :e 8 1998 blll d ILl? Jilt llllriil brd, Llblliid, hid` · i.;' ?, ' '"' Dock. me~onf Stofl'q) Tox ATTE;S'r ' STATS (3/ OO;,Aq'FY , I ~BT ~i111~ k el i k. k m lB k d~ imkMud f- k k M Omi/ek~M t i didmbmm~ 1998 G G A55E~lJ.Y CF 60P 123030 /L D. !~6 &y VII, lAPS C. I,,cCOY ond Jt~TA~,Xf: A. KCCOY, hXo v/fa &~,..Mh-, cfll,*.f ,k- .,:'~"'. :" -- coropratton GOL,DEH C~ff: ASSDq~:,Z OF GOO. · not fo~ J)cogLt wnh ifs ~.,:,...f 1845-D ~ Sql, SI~O 1~1, ~pltl, K 33999 ThE SO~ 150 ~T QF ~ 149, ~ GAT~ [~ATE5. ~ZT ~IDA, SU~Z~ TO ZAS~, R~I~2~S ~ RES~VAT2~S OF R~CORD. NOTARIZED LETTER OF AUTHORIZATION RE: Conditional Use Petition and Site Development Plan for the Proposed Golden Gate Assembly of God Church Expansion, Located at the Northeast Comer of 29th Avenue SW and 39th Street SW in Unincorporated Collier County, Florida To Wtx:~ It May Concern: Please be advised that the Hoover Planning Shoppe, 5051 Castelio Drive, Suite 220, Naples, Florida 34103, and Beau Keene, P.E., 240 Aviation Drive, Naples, Florida 34104 have been engaged by the individual(s) below to act as euthorized agents and to request necessary applications during the Conditional Use petition process and Site Development Plan review process on the subject properties. Sincerely, Pastor Jeff Fowler STATE OF ~'~,~- COUNTY OF d'~,//, c~c ... The foregoing instrument wa~s ack~ged _before me this c:P/.,?'_ day of ~ . 1992' by --~-~' ~,~/.,,c.- . . who is (are) personal~ known to me . or..nas . pr~ as ~entification eno who a~ (did not) take an oath. Printed Name My Commission F_~res: SEAL APR ,~ 8 1998 EXHIBIT I V/C/N/TY MAP N t 16 Pine Ridae R~, White Blvd. ... Gre=n B/WI, ~ Rodi~ Rd, Exit 15~ ~ ~ Davis HOOVER PLANNING SHOPPE lte~nln~, PUD'~, Site Do. Pta~ Affordable Hougnl, CoMlgonal Use~, Tm.O~c./Parldny/7onlnl ~tmlle~ ~md ¥~t~tance~ (In Collier & Lee Countlex) December 15, 1997 Cun'cnt Planning 2800 N. Horseshoe Drive Naples, FL 34104 Narrative Letter Descn'bing a Conditional Use Petition for the Existing C.,~I~ Gate Assembly of God Church --' Dear Mr. Reighl: The subject church is located at the nonheast comer of39th Str~-t S.W. and 29th Avenue S.W. (iNs is about 1/3 mile south of Porky's restaurant and just east across C.R. 9fi and the canal from the Golden Gate C-olf C. ourse). Provisional ~.lse 81-176 was approved on July 21, 1981, that permitted the construction ofthe existing church on a S.23-acre tract of land. In I986, the Golden Gale Assembly of God Church purchased the abutting 2.85- acre parcel of land to the north for future expansion. Howler, when the Golden Gate Area Master Plan was adopted in 1991, Iocafional standards for Conditional Uses became much mom stringent. This was primarily due to the concern that Naples organizations wcre loc,~ting many of their more intensive land uses that required Conditional Uses in Golden Gate City and the nearby area, even though a majority of the organization's memb~-rs did not reside in Golden Gate. Since the church was no longer permitted by the Golden Gall Area ~ Plan to add ~ 2.85-acre site to the $.23-acre site they submitted a Site Development Plan in 1996 for st new sanctuary in the south central portion of the original site. How,~,er prior to constn~on, church leaders and members came to the conclusion that the approved Site Development Plan did not lend/tself to long-llrm growth but only offered an interim solution. What w~ am proposing is to redesigrmll the area approved for the original Provisional Use by reconfiguring the area from a shoe box shape to a square shape (see sUached Conditional Use Boundary Modification Sketch wh/ch shows the new Conditional Use new sanctuary to be oriented towards 39th Street S.W. (functions as a minor collector), the canal, and C.R. 95 I, rather than the neighborhood of Estates homes to the cast. Per our engincer, Beau Kccne, thc ~ site.plan provides for a significantly safer layout for pedestrians by avoid~,g the ~'m~/al conflict between ~ and having to evemu~y wcate otul~ to the east ofthe existing buildings which would be rron ousr mmaoe this r.r.t.. :asement 30' to the eas ofits '-' I APR281998 II P 5051 Caste~lo Drive, Suite 220, Naples, Florida 34103 Phone 941-403..$899 ~ Decernb~ 15, 1997 In sununerx the proposed Conditional Use allows the church to expend ~ a is willing to atp'ce to reasonable trchitectural standards so that the new facilit~ would provide an aesthetic appemnce to tbe neillbbo~ Golden Gate City, and tbe many motorists alontl C.R. 951. In my professional opinion, the proposed Conditional Use meets ~ standards of'the Comprehensive Plan, based on an intctlx~a~on of the Golden If stafl'has any questions related to this petition please feel welcome to contact us. Sincerely, HOOVER PLANNING SHOPPE William L. Hoover, AICP Enclosures lIPS File #172-A21 APR A~ 8 1998 Community Development Services Division Growth Planning Department Long Range Planning Section Golden Gate Master Plan GENERAL PLAN INTERPRETATION GP-37-I DATE ISSUED: Sept. 8,1992 Revised interpretation due to BCC direction pursuant to a GMP appeal (9/8/92). Interpretation of the Golden Gate Master Plan on whether an existing (developed) Conditional (Provisional) use may be expanded on property that does not meet the locational criteria for Conditional (Provisional) Uses within the Estates Land Use Designation. Land Use Designation __X_ Policy Text BAOXGROUND ~ The specific request that prompted this interpretation is for a determination on whether a proposed church may be Permitted to expand if it does not meet the locations1 criteria for conditional uses within the Estates Land Use Des subject pro~ert~ is ~ ..... ~ ....... ignation. The 109, Unit 97 Golden Gate Estates (see attached map). The subJe:t property is designated as Estates on the Future Land Use Map of the Golden Gate Area Master Plan provisional use was · granted for the ro ert A (PU-79-10C) and the ev~-~- .... P P y ~n July, 1979 ~ang church was constructed in 1980. The request is to expand the existing facilities by adding tvo classrooms containing approximately 1300 square feet. It has been determined by the Planning Services Manager that this request would require the processing of a new c application, onditional use The first test in reviewing this application is cons with the Golden Gate Master Plan which provides loca~ criteria for conditional (provisional) Uses within t Land Use Designation. This site does ~ot meet that 1 criteria. Objective i a~d Policy 1.8 both state the revised uses of land shall be consistent w~th the Fu Use Designations. Policy 1.8 provides an exception for a limited number of provisional uses that were approved prior to the Golden Gate Master Plan under the Future Land Use Element of the County-wide Growth Management Plan (adopted January, 1989). However, Policy 5.9 of the Future Land Use Element of the Growth Management Plan applies County-wide and states that improved properties that do no= conform to the Future Land Use Element shall be deemed consistent with the Plan. As Policy 5.9 has been interpreted by the Board of County Commissioners, those improved properties may be permitted to expand or redevelop the property to the extent permitted by the Zoning District (GP-19-I). Therefore, those previously approved and valid conditional uses may expand or redevelop within the legally described property for which the conditional use was granted. This interpretation does not permit a change from one conditional use to a new conditional use or any expansion which involves additional acreage. Improved properties granted a valid conditional use that do not meet the locational criteria of the Golden Gate Master Plan may be permitted to expand or redevelop consistent with Policy 5.9 of the Future Land Use Element. The proposed expansion, if not contemplated by the previous approval would be rec,/ired to receive a new conditional use approval. The expansion or redevelopment can not be for a change in the conditional use or involve additional acreage. ~arbara A. Cacchione Supporting Information: Request for Interpretation cc: Ken Baginski, Planning Services Manager Marjorie Student, Assistant County Attorney GEN PLAN INT APR 2 8 1998 I 6 ? 9 I0 I! 12 13 14 15 16 A RESOLUTiCN PROVIDING F:R THE ESTABLiShmenT O£ R£CONFIGURING THE PROPERTY ~OUNDARIES OF AN EXISTING CHURCH AND FOR ADDITION OF BUILDINGS ~ND PARKING CC:~DITIONAL USE '~" IN THE "E" ESTATES ZONING 02STRICT PURSUART TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR pROPERTY LOCATED IN SECTION 26, TOWNSHIP 49 SOUTX, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 17 WHE~.AS, the Legisla:ure of =he Scare of Florida in Chapter I! 6r-1246, Laws cf ~lorida, and Chapter %15, Florida S:atutes, has 19 c:nferred on Collier County :he power :: establish, coordinate and ~ enforce z:nln~ a~O suc~ =uslmess regula:i:ns as ere necessary f:r =he w,£a£;,$. :.%e c:un:y ~ursuant =he=e=: ~as a:cp=ed a Land 2~ c:=pre~e~s:=e ::~ :::~a~:e es:a~lIsh~; :e;ula:~ons for 31 C:~o::::~ai Use :f Sec:::~ 2.~.3.~ :~ an E £ - : zone -:: 32 =e:omf:gur:n; :re ;=:~e=:y ~oundaries of an ex~stin~ church and 33 addition cf buildings a~d ~arking cn :he property hereinafter ~ descrLbed, and has fcun~ as a matter of fac: {Exhibit #A'~ :hat ]6 6991icable ma=hers required by said regulations and in accordance ~? with iubsec:Io~ 2.?.4.4 of =he Land Development Code for the Collie= 38 Coufl=y Planning Cc...~nission: and WHEREAS, all in:eres:ed parties have Oeen given oppo=tunity ~ be heard by this Boaro in a public meeting asse~d~led and =he Board 41 having considered all -attes presentea. -1- The per!ri=: filed 4 Shcppe an: Eeau Keene, ?.£., representing Goldem Ga:e Assem=i7 :f Exhibi: "~' which is at:ached hereto and incorp¢=a:ed ~'! I reference merexn 9 be end :he same xs hereby approved fez Condi=ional "se of ce II proper:? bounCarles of an existing church and the followXng c:ndi:i:ns: Plan ~ev:eu an: appr:~al. :eveiopmen: C=~e ~ursuan: :: Sec:i:n ' '.2~.8.! of :he Land :evei:pmen: ::de, =f,......= ~ ...... :he c:urse of si:e clear:n;, ~r c:~er ::ns:ru::::n actlvi~y an his:or:: :r s::haeci:;~:al arc:fa:: as %curia, all developmen~ w::h:n :he nun:mum area zeuessar7 =: pro:et= the Clscovery shall be s:o;peO ~n: :he Collier Coun=y Code £nfor:emen= Depar:~en: 'exc:~: f:ee) plan ' - .:. :he s$=e, with emphas:s :m areas of re:a~nea native vegeca:ion, shall be su~m:::ed ~o Current P!annxng £nvlrom~en=al S=aff for revzew and approval ;r=or :o final sire plan/construe=urn plan approval. 4~ BE iT FURTHER RESOLVED =ha: this Resolu::cn be re:orded :n :he 47 49 -2- APR 8 1998 ~ ii ii I I II II ! ~one t~Ls day of , ~ggs. I 10 11 ATTEST: 12 I~I~HT £. BROCK, Clerk 1,4 16 A~p::ve~ as ~: Fcrm 19 :~a~:G.e X. BOARD OF ZONING APPEALS COLL:£R COUNTY, FLORIDA BY: BA,q,~MU~ B. B~i~¥, Chairman -3- APR ,e 8 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITION]fL USE PETITION FOR CU-97-27 The following fac=s are found'. 1. Sec=ion 2.2.3.3.1 of =he Land Developmen= Code au=horized =he condi=ional use. Gran=ing =he condi=ional use will no= adversely affec= =he public in=eres= and will no= adversely affec= o=her proper=¥ or uses in =he same dis=tic= or neighborhood because of: A. Consis=encywi=h the Land Developmen= Code and Grow=h Managemen= Plan: Yes No B. Ingress and egress to proper=¥ and proposed strut=utes =hereon wi=h particular reference =o automotive and pedestrian safety and convenience, =raffic. flow and ¢on=rol, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affec=s neighboring properties in relation to noise, glare, economic or odor effec=s= No affect or Affect mi=igated by Affect canno= be mi=igated Compa=ibility with adJacen= proper=les proper=y in the dis=tic=: Compatible use wi=hin dis=tic= Yes No and o=her Based on =he above findings, this condi=ional use should, wi=h stipulations, (copy attached) (should no=) be recommended for approval DATE: CHAIRMAN: FACT APR 2 8 1998 ..__ 'R 2 8 1998 SUMMARY PE'ITHON NO. V-98-4 ROBERT L. DUANE REPRES~G NAPLES COMMUNITY HOSPITAL REQUESTING A 30 FOOT D~-NSIONAL VARIANCE FROM TWO REQUIRED 15 FOOT SETBACKS TO ZERO FEET, TO CONSTRUCT A BUILDING ACROSS A COMMON PROPERTY BOUNDARY IN PUD ZONING DISTRICTS, FOR PROPEgTY LOCATED IN THE COLIXi~ HEALTH CENTER PUD AND THE NORTH NAPLES MEDICAL PARK PUD ZONING DISTRICTS, LOCATED IN SECTIONS 22 AND 23, TOWNSHIP 48 SoI]rH, KANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting a thirty (30) foot dimensional variance, as de~Tib~ above, to the common perimeter pwperty setback requirements of the North Naples PUD and the Collier Health Park PUD. The need for this variance arises from a desire to conslruct a building across a portion of thc common property boundary line between the two PUDs which are under common ownership. Both the North Naples Medical Park PUD and the Collier Health Center PUD require structures to be setback fifteen (15) feet from the perimeter boundary. CONSIDER~,TIONS: The petitioner's representative states the need for the requested vaxiance stems from a desire to construct a medical facility building across a conunon perimeter property line between two different PUD zoning districts on property under the same ownership. Both PUDs require a fifteen (I 5) foot setback from the perimeter boundary. The building is proposed to be located on a portion of Lot 7 ofthe North Naples Medical Park PUD, and a portion of Tract C of the Collier Health Center PUD. According to the site plan submitted by the applicant, part of the required parking area would also straddle the common property boundary. Access to the site is proposed from Medical Park Boulevard, within the North Naples Medical Park PUD. There are special conditions and circumstances existing which are peculiar to the location of the land and the proposed structure. The subject properties abut and are under the same ownership, however, each are zoned as a different PUD. Many ofthe uses permitted in each PUD, including the proposed use, overlap. The building and the type of use desired would be allowed in either zoning district. The current setback requirements imply a need for a separation of structures and uses which may be different because they are located in different zoning districts. In this case, the applicant wishes to conduct a use which is permitted in either PUD zoning district. There are no other special conditions or circumstances related to the property. The applicant has indicated that a hardship exists which is related to the funding of the project and not to the property itself. Additionally, reasonable use of each pwperty can be made without the use of a variance. However, where owing to special conditions peculiar to the property, a diminution of a regulation should have no measurable impact on the public interest, safety or welfare. APR 2 8 1998 ~"I.qCAL IMPACT: None. _GROWTH MANAGEM'ENT IMPACT: None. Ill STORICIARCR,O~OLO~IC~ I'MPA~: .... ,~____, ~ ._ . _._ ._.,:__._ .,.., o~_.,~+{oner, m ~ is located outside an area oxmsum~ and ~.haeological probability u z~'~ on the offic~ ~omer ~ r~o,~...,, .---.r. They,'ore. no ~cal/Archaeological Survey and As~sment is required. PLANNING COMIVHSSION RECOMMENDATION: ~ission voted tmanimously At a m~'ting held on April 2, 1998, the ColE= County Planning to forward a recommendation to the Board of Zonin! Appeals that they approve V-95-4 subject to the stipulations found in the resolution of adoption. PREPARED BY: .xJUSAN MURRAY PRINCIPAL PLANNER CURRENT PLANNING SECTION ~/.3 '7~ DATE O~BB~E~T J. bfULHER~ AICP, DIRECiOIi VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. & ENVIRO~~ SVCS. DIV. AGENDA ITEH 7-B TO: FROM: DAT~: R~: COLL/ER COUNTY PLANNING COMMISSION CO~ DEVELOPMENT & ENVIRO~AL SERVICES MARCH 11, 1998 v-gg-4 - North Naples Medical Park/Collier Health Center AGENT/OWNER: Agent: Mr. Robert L. Duane, A.I.C.P. Hole, Montes & Associates 715 Tenth Sireet South Naples, FL 34102 Owner: Naples Community Hospital 350 7* Street North Naples, FL 34102 REOUESTED ACTION: Thc applicant is requesting a thirty (30) foot dimensional variance from two required perimeter boundary setbacks of fifteen (15) feet to zero feet fi'om a portion ofthe perimeter boundary between the North Naples Medical Park PUD and the Collier Health Center PUD. The need for this variance arises from a desire to consiruct a building across the common property boundary line between the two PI/Ds which are under common ownership. Both the North Naples Medical Park PUD and the Collier Health Center PUD require structures to be setback fifteen (15) feet from the perimeter boundary. GEOGRAPHIC LOCATION: The subjcct sites arc located on the north sidc of Immokalee Road (C.R. 846) betw~ its intersections with Airport-Pulling Road and U.S. 41, and can be ftuther described as located in Sections 22 and 23, Township 48 South, Range 25 East, Collier CounW, FI., PURPOSFdDESCRIPTION OF PROJECT: The applicant is applying for a thirty (30) foot dimensional variance in order to construct a medical facility building over a common property boundary between two PUD zoning districts on property under the same ownership. Both PUDs ~ a fifteen (I$) foot setback from the perimeter boundary. The building is ~sed to be located on Parcel ? of the North Naples Medical Park PUD and a portion of Tract C of thc Collier Health Center PUD. A portion of the required p~ng would also straddle the common property boundary. Access to the site is proposed from Medical Park Boulevard, within the North Naples Medical Park PUD. SURROIYNDING LAND USE AND ZONING: Existing: Vacant Surrounding: North - PUD; Medical South - lmmokalee Road ROW; PuD-undeveloped East - PUD; Cocohatchec River, RSF-3 - residential West - PUD - Medical/hospital HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (la) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (la) of Subsection 11.14 are as follows: ft. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, there are special conditions and circumstances existing which are pec~ location of the land and the proposed structure. The subject properties abut md are under APR 2 8 1998 the same ownership, however, each arc zoned as a different PUD. Many of thc uses permitted in each PUD, including the proposed usc, overlap. The building and the type of use desired would be allowed in either zoning district. The thirty (30) foot setback rcquirt~ent implies a need for a separation of stmcttu'es and uses which may be different because they arc located in different zoning districts. In this case, the applicant wishes to collduct a use which is pelTllitted in either PUD zoning districL b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre*existing conditions relative to the property which is the subject of the variance request? No, ther~ are no special conditions or circumstances related to the property. The applicant has indicated that a hardship exists which is related to the funding of the project and not to the property. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Thc literal interpretation of the provisions of thc Code will not work unnecessary and undue hardship on the applicant. Reasonable use of each property can be made without thc usc of a variance. Thc applicant's desire to obtain a variance results from thc need to construct a building of the desired dimensions and in thc desired location, in an expeditious manner, without meeting the setback requirements. It may be possible for the applicant to meet the setback requirements without the use of a variance by amending each PUD or reconfiguring the proposed structure. As thc applicant indicates, the time required to amend each PUD may cause a financial hardship by placing a State grant to fund the facility in jeopardy. This type of hardship is generally related to the applicant's personal circumstances and not necessarily related to the land itself. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Thc applicant is requesting thc minimum variance necessary in order to place an additional structure ofthe size and in the location that the applicant wants, however, reasonablt; use of thc land is possible without the use ora variance. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? required to meet the respective setback requirements. The owner also has th combine the PUDs, or make future amendments to them to further tinily dc, the respective properties. Should this occur, thc need for the variance may r, Yes, development of differently zoned properties under common ownership is still 'elop~~" , longer .qPR 2 8 1998 exist. However, that possibility do~s not absolve thc property owner of the requirement to develop the prop~ under current requirements. f. ~ wanting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Due to the dimensions and location of the pwposed structure, and the type ofuses surrounding the subject site, it is unlikely the pwposed variance request will be delrimental to the public welfare. The proposed stmc~re will be required to be architecturally unified with surroundint development through the use of similar types of building materials, design, and style. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or physically induced conditions which ameliorate the goals and objectives of the regulations. However, granting the requested variance, and subsequent construe:ion of the structure in compliance with Division 2.8 of the Land Development Code (Architectural and Site Design Sm'~dards and Guidelines) may be beneficial in that it may create the appearance of a more unified development scenario between both PUDs along that section of Immokalee Road (C.R. 846). h. Will granting the variance be consistent with the Growth Management Plan? The approval of this variance will not affect or change the requirements ofthc Growth Management Plan. STAFF RECOMMENDATION: Because the requested variance more than likely will not be contrary to the public interest, safety or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation should have no measurable impact on the public interest, safety or welfare, staff recommends that the CC'PC forward Petition V-98-~ to the BZA with a recommendation for appwval subject to the stipulations found on the attached resolution of adoption. APR 2 8 1998 PREP~ BY: DATE ~WED BY: iY6NAL~YF. NINO, AICP, ~ PLANNING MANAGER DIRECTOR CENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRON. SVCS DMSION DATE 3-- DAT~ Staff Repon for the April 2, 1998 CCPC m~-ting. Tentatively scheduled for the April 28, 1998 BCC meeting. COLLIER COUNTY P~G COMMISSION: .il MICHAEL A. DAVI~, O~IRPERSON APR ~8'i998 ~ PETITION NO. _ - ~ -- PETITIONER'S ~ Na les Commun ---'--- PETITIONER'S ADDRESS 350 7th Stree TEt£p o . 000 Naples, Florida 3&102 -- Robert L. Duane; Hole, Montes & Associate_~s AGENT'S ADDRESS 715 Tenth Street South, Naples, FL 341___~02 TELEPHONE~617 BLOCK (S) . LEGAL DESCRIPTION OF SUBJECT pROPERTY: LOT(S) _ SUBDIVISION S£C~ON 22 & 23 TNP. 48 {If legal de$cripti~n is lengthy, [.e. metes & bounds description, attach add£tional page) CURAENT ZONING OF SUBJECT pROPERTY Health Park PUD & Nor[h Naples M.e.~ical Park PUD EXISTING LAND USE ON SUBJECT PROPERTY Bedical Uses ADJACENT ZDNING & L~ND USE ZONING. N RSF -3 + E S PUD E ASF- 3 g us_E Single Fam/l~ ALF & Vacant S~n81e Fame17 S~ngle HIN~ YARD R~QUIRE~ENTS FOR SUBJECT PROPERTY FRONT: See Table SIDE:' See Table REJ~: See Table NO/YES (CIRCLE ONE) cORNER LOT: __.____ WATEaFRON LOT: NO/YES. (CZRCLE ONE) 1 APR 2 8 1998 Provide a derailed explanation of ~he reques~ including what structures are existing and what is proposed, the amount of ~rom 25' to 18'; vhen property owner purcrmse p ex/sting principal structure was buil=.[include buil.d/ng number if possible); ~hy encroachment ~s necessary; nov ex~sclng encroachnent came to be; etc. See co, er leCCe]: and aCCach~enCl., Please note Chat scarf and ~he Collier County Planning Commission shall be guided in their recommendation to ~he Board of Zoning Appeals, and thaC the Board of Zoning Appeals shall be guided in its determine=ion to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using -. additional pages if necessary.) 1. Are ~here special conditions and circumstances existing which are peculiar to ~he location, size and characteristics of the land, structure, or building involved. See cover letter. 2 APR 2 8 1998 /o ·_ See Cover ~etter ~ill a literal interpretation o! the provisions of this zoning code work unneces~arY and undue hardship or create p=actical d£fficulties on the applicant. will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of heal=h, safety or welfare. Will gr~nting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zonin~ district. See Cover Letter 3 APR :~ 8 1998 // Will granting =he variance be in har~. ny.w~.=h.~he .~nte.nt and purpose of ~his zoning code, and no= ~e ~n~ur~ous =o ~ne neighborhood, or o~herwise detrimen=al to the public welfare. ~'es Are there natural condi=ions o= physically induce~ condi=ions ~ha= ameliora~e the goals and objectives of the regulation such as natural preserves, lakes, golf course, No Will gran=ing the variance be consisten= wi~h the growth mana~emen~ plan. 4 m mmvt$: Collier Health P~rk/North Naples M~lical ~ntm' HlVIA File No. 95.56 D~ar Ms. Per your request, I am r~isin$ the legal description for Collier Health Park to inchule the fallowi~: Traci C of the Collier Healih Park Plzt, u recorded in offidal rw,.ords of Collier Comity, Plat Book 17, Pages 50 and 51. Very truly yom, s, HOL,E, MONTES AND ~S~'fIZS, l~b~ L. Duau¢, A.I.C2. Plamli~ ~ ]~T .r'J/dj ?Is~KT~I'TI~ETIOUT~ i,~6'r(~I1(:~1111 N~,I~I,~S410e Idl-N~4~? IIAX~41-el~4074 APR 2 8 1998 I II I IIIII · · · · · · · APR 2 8 1998 tlORTtl NA~L£$ ME'DICAL PA.I~. EXHIBIT E DESCRIPTION OF PART OF SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER. COUNTY, FLORIDA (CHIP PARTNERSHIP) All than part of Sec=ions 22 and 23, Township 48 South, Ran=e 25 East, Collier County, Florida and being more particularly described as follows: BEGINNING a= the southeast corner of said Sec=ion 22 and =he north right-of-way.line of Immokalee Road (S.R. 846); thence along said right-of-way line and =he south line of =he southeast 1/4 of Section 22, North 89o-07,-15- Wes= 430.00 feet; thence leaving said line North 00o-31,-17" East 1328.46 fee= to a point on the north line of =he southeast 1/4 of =he southeast 1/4 of the southeast 1/4 of said Sec=ion 22; thence along said line South 890-03,-30" East 76.40 feet; thence leaving said line and along the approximate centerline of Horse Creek in the following three (3) described courses; 1) South 63o-35,-18" East 140.93 feet; 2) South 28o-48,-12" East 104.28 feet; 3) South 090-42,-58" East 168.55 feet to the cen=eriine of a 100.00 foot drainage easement recorded in O.R.Book 237, page 140 and O.R. Book 188, pages 88 and 89 Collier County, Florida; thence along said cen=erline Sou=h 41o- 36'-37- East 1220.88 feet; thence leaving said line, South 89o-56'-16" Wes= 23.24 feet; =hence South 0o-31'- 17" wes= 100.00 fee= to a point on the south line of =he southwest 1/4 of Sec=ion 23 and =he north ri~h=-of-way line of (S.R. 846) Iff=nokalee Road; =hence along said line South 89o-56,-16. Wes= 650.03 feet to the Point of Beginning; containing 18.71 acres more or less; subject to easements and restriction§ of record; bearings are based on the south line of the southeasterly 1/4 of said Section 22, Township 48 South, Range 25 East, being North 89°-07'-15" West. APR 2 8 1998 /,.,<"' --.. I0 P-ret! I 4 Porte! PlrClI ? Plrctl 6 4.4- Any other use o£ service vhich is conparable in nature vith the £oregoing uses and vhich the Zon£ng DLCectoc ~soc Uses ~d StCUCtUres~ 1~ Customary accessory uses and structures- 21 signs. 3) Caretakers residence(s)* 4) Essential services. DL'U~LOP~E~ STAJqDARDS ~ 1. a. ~lnimum S~te Ar~= To be determined et the time ~izacxon o£ ~raccs im accordance vtth SeCtion 3.2 o! this document.. .l. m m S t. To b. d c.rmin.d at th. ti-. b. ~zacxon ot trac~s Iff accogdaflce vith Sec~iom 3.2 ot Chis Fo~ all o~her uses: mLflimum o[ fXf~eefl (XSJ a d~s~aflce equal ~o ofle-hal~ (1/2J ~he sun o[ ~eAr heights, vh~cheve~ ~s gcea~ec. d. ~oc prt~l ~ St~c~S: 11 Setback [~on ~ublic road ri9h~-°~-va2s pro~ecC boundagies: 30 ieee. 2) setback Igom lakes: 0 iee~ pgovidin9 agc~x~ecLural bank ~rea~men~ Is incogpogaged into desi9n, othegvise 15 feet. 31 sec~ack shall be re.iced toc each 4) A ~.5 too~ .......... 'on- the eastern edge ' C~ 2~ the au~u~,,-..? r o~ ~he p~o~e ._ ---,~ential, a~lng sal~ build,fig heAqht. ~thin those setbacks, parking, ~a~eE ~ana9enenc' and oth~ types o~ accessory uses less ~han ~ s~ories Afl heigh~ may be pernA~ed. S) Setback ~o~ co~ercAal s~ruc~ures: 25 ft,~ the existing ~u~- ~,.. ~ abutting parceX developm~ wi~h ~..ld~ .......... 4--6. APR 2 8 1998 e. ~axiruu Heieht o£ Structvres~ l) The hospital stcvcture (Zone a,'~hases Z, II and XXX! shall be limited to £1ve (Si stoc~es and shall not exceed e~ghty (80'! £ett. 2) The medical/clinical outpatient structure (Zone B, ~hase XV} shall not exceed one hundred (100'} feet. 3J All other building structures shall not exceed eighty (80') feet. £. ~lflimum rloo= Area: ro£ p£1flcipal structure: ~O00 square ~ee~.. "~'' Assisted Care Llvtfl~ racilit?/Adult Con,re,ate The following developmen~ s~anda~as ~hall apply to the Assisted Cate Living racilitles-ACLF: a! ~aximum number of ACLF units per acres - 26 bJ ~inimum ACLF uni~ area - t~o hundred and (250) square feet. c) Requires parking spaces - one space per three ACL units d) ~lfliaum site area - one acre . All other development standards shall be An accordance vith development standards of this docvment. Adult Congregate Living Facility shall be defined as set £orth An Chapter 400.402, Florida Statutes. Residential Oevelopuent Standards: 1) fltnimum Lot A~ea: 6fie (1} acre. 2') Ninimum Lot width: 150 feet. 3) minimum Yard ~eouiremencS: All building line set- bac~s snail ~e computed by the following formula: SBt of the building height with a minimum of 20'. APR28 998 r Pe.-~,,~:ed Accesso='y Uses.'and '~ruct. ures 1. Restaurant an~/or'Cafeci~r£a, for C. Conditional Uses 1. Health Services numbered '8063, 8069, and 8~92. 3.03 pF. VELOPMENT ST~DARDS common :se ~:. residents, employees0 ahd clients. The res:auran~ and/or cafeteria'sha11 .be aK .inte~ral par: of ch.e' principal structure.. .Furthermore, this ,~- shal'~ be clearly acg~so~y. =o.~he principal use. Day care centers ~bb~h child and adult), a: time.as this .use. is.in cpmpliance with the Management Plan, thi.s use .~11 be a ~e.-m...ic:ed .. principal use. .. · Any other use whiCh"is .c~s=o~arily associa:ed wi:h' any ~ccessory ~o t~e above-listed principal uses' and structures<' as' de~rmihed by the ~iannih~ · Service Manager.'..~ ". Minimum parcel Area: '"'.One-half"(1/2) Acre . Minimum Parcel Width: .'.One. hundred (100; fee: Minimum Se:back for"Principal'and' Accessory S:~;c~ures ' =la=~ed Parcel Boundaries· F_-on: Yard. Side Yard Rear Yard Public Road Right-of-Way' and Project Boundaries 30 Feet. Ac:esso:'~; 25 Fee: 3C Fee=.' ~ Where a side or' rear yard:is lake, jur£'sdic:iona! we:land om other wa:_. body, wa~er body se:back shall ~over~. a~ follows: . .' ' ~' Accessory .- Lake · .20 Feet- 20 Fee~ (Measured from Con=to! Elevat'ion) ' Jurisdic=icna! We:land 20 Fe~= (Measured from Jurisdictional Line): Cocoha:chee River . 1'20 F~et (Measured from Drainage ~a~'ement') ' 20 F~e: .' 20 Fee: ;:c:'uh/Sou:h Tributary '20 Fee'f (u~.=.,-,~ from Parcel B~undary)' In :he event two(2) or more- a~Jace~t under single ownership for'a single pro~ect, shall be the outer perimeter boundaries parcels and developmen~ standards', ~ha11 boundaries. .. . " 20 Fee= .-' parcels are developed"/ parcel boundaries APR g 8 1998 · _u_nc.t~ons.. or zn=ernal roads .ara ~nco~orate~ -_ -~C ~lce CAe' a~ .......... · ...... =~ ~ ~ ou..erwis~' -~ucnu ~o~zler::~ealc~..Cen=er p~, no se=back'or Perimeter landscape provis~ns.~hall .a991y =o =he . . ~. .' ..': . .. .~ .. 3.04 DIST~CE BE~E~ S~U~E'~..'~ ." A. Principal c~ccures'.~ : ... '.'15 Fee= or distance e~al. ~ . ,-.· .(..' .;.,... .. · · ~O 1/2 ~he sum of .--heir ~ · , whichever . · srea~er ... n. Accesso~ ~ccure...' '.- . . .... ' ' ' ~D -Fee= 1,000 s~are fe~c " " :" " ...... ~ ?.. Parcels 1, '2, 3, 4, 'and[:l~:'ShaZ.1 be' =hit:,/ ~0} f~=..... B. The m=imum height .f~r; ~li' buS~6ings =o be located on "' ~rcels 5, ~6, ~, 8, ~d'.~::~ha~. b~,fift~ (50) fee= wi&~ =ne exception ,hat =~n .(10)..f~e= .Df under buildin= parkinD sh~ll be Pe~%ed% ~r=~ - he,Dh= of the bull ':" · =e~o.e, ,he =oza! ' u--emencs., as 'sca~ed'fn Section 9.04 cf ch~ . .. '-:; The ~l~m density for A~l:C.~on~re~t.e ~vinc Facili=ies an~" other C~es of elderly hous'in~.~'hal~.[~e =wencyis!x (26) u~[ces · per acre. '. . ...~....... ....'" . . .. 3.08 ~iNi~ OFF-S~EET PA~K~' "';'; .... · ..... . ... '. ' .: .i. ' . · . . Az re~ired by D/v/s/on 2.~ .6~. C.h~ ' Collier County Land D~v~lopmenc Code 'in eff6cc 'a~' Ch~ .~&me'of development. -, · : · · ~. .- · .."~ .:..-'. . ' · ... / . Pg. PUD SETBACK SUMMARY Front Side Rear ~erimeter/R.O.W. North Naple-~--'- Medical Feet 25 15 20 30 Health Par~---' Feet 30 NCH FACILITIES HGMT ID :941-436-5053 MAR 05'98 lb:il No.uui f' oU/ Stat~ of FIorid~ County of Collier Th~fo~goingA~;montSh¢otwasacknowle. d~lb°fm°methis ~ diyof~ ~ - who ~ ~ly ~ ~ me ~ ' 1~8~ ~J~ ' ~ ~ ~ idcnt~ ~d ~o did (did n~) ~c who hu p~_ ~/~ an osth. .c~. ~u.uc My Commission Expires:/~ SIGNATURE OP AGENT Ststc of Floridl County of CoiJicr Thc foregoing Agre~mcnt Sh~-t was a~knowl~li~ b~for~ mc this ~ day of · .... ..... NOTAlt, Y pUBLIC -- ,, Commission# VAKIANCI~ AFPLJCATION/md .,. 199S · March 6, 1998 Mr. Ron Nino 2800 Nord~ Horseshoe Drive Naples, FL 34104 Re: North Naples Medical Park - Naples Community Hospital HMA File No. 95.56 Dear Mr. Nino: Attached please find a variance application that I am submitting on behalf of Naples Community Hospital, along with a check in the amount of $450 to process the petition. The request is for two planned developments, located on the northside of Immokalee Road in Sections 22 and 23, Range 25 E, Township 45S to permit a structure to be setback 0 feet from a common perimeter property line as an alternative to 30 feet required by the PUD ordinances. (See attached Location Map and legal descriptions for the Collier Health Center and North Naples Medical Centex PUDs.) Pro_iect Re0uest The purpose of the request is to allow a children's medical services building to be placed across a common property line between the Collier Health Center PUD and the North Naples Medical Park PUD, both of which are under the ownership of Naples Community Hospital and permit similar related medic, al uses. See attached site plan depicting the propo~ structure across the common property line and the southern portion of the respective PUD's. Also attached are x 11' copies of the PUD master plan for the respective Planned Unit Developments, and relevant PUD setback re0uirements from each document which are also summarized in the attached table. Under the current PUD ordinance for the North Naples Medical Park, the side yard setback requirement is 15 feet from the boundary of platted parcels and the perimeter setback is 30 feet, which governs in this case. (See Section 3.03 of the North Naples PUD attached.) Under the Collier Health Center PUD, Section 4.4dl, requires a setback from project boundaries of 30 feet or in the alternative a "1.5 foot setback shall be required for each foot of building height along the eastern edge of the project if the adjoining parcel to the east is r~zoned non-residential, the setback may be reduced to 55 percent of building height". S Naples Medical Park is non-residential and the proposed facility is only 30 feet perimeter setback of 30 feet shall apply. (See attached Section 4.4d4 and 4.4.dl Health Center PUD). TEh"TId S'TRErT SOUTH POST O~tlCg B~)C ~S~8 NAJ~[S. FLc~q~DA 34106 ~41-262'1617 FAX Mr. Ron Nino North Naples M~dical Park -Naples Community Hospital HMA File No. 9:5.$6 March :~, 199g Page 2 Justification for the Proieci R~uest While it is ul6ma~ly the goal of Naples Community Hospital to combine the PUD's that are the subject of ~ petition in~o one PUD, or make future amendments W them to further the goal of unified developmem of the respective properties, the variance proc~s is proposed became time is of the essence and it simplifies the mture of the request. If the children's medical center is not under construction by the fu~ week of May, Naples Community Hospital has informed me that the Stale grant to Rind the facility will be placed in jeopardy. Therefore, this is the hardship that this petition is predicated upon. While an alternate site desi/n or PUD amendments could also accomplish the same purpose for the reason noted the variance is requested. In closing, I appreciate you and your staff expediting this petition. Also, please be advised my client will commit to filing a PUD amendment in the foreseeable future to better unify development of the subject property as a condition of the variance request if this gives County staff'or the BCC a bener comfort level. Thank you for your consideration in this matter and, if we can provide you any further information, please do not hesitate to contac~ me. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Rob~ L. Duane, A.I.C.P. Planning Director Attachments RLD/dj cc: Larry Ray Michael Delate Susan Murray LIST OF E~HIBITS I. Application 12. Location Map 3. g ir~ x I l Si~ Plan 4. PUD Mas~ Plan Collier Health Park $. PUD Master Plan North Naples Medical Park 6. Legal Description Collier Health Park 7. Legal Description North Naples Medical Park $. PUD Setback Re4uir~ts for Collier Health Park 9. PUD S~tback Requir~ents for North Naples Medical Park 10. Summary of S~tback Requh'~nts 11. Authorization Form 12. 24 x 36 Site Plan APR 2 8 1998 P.U.D. COLLIER ~,TH CENTE~R I l~laff l~rklng l I P.U.D. NORTH NAPLES MEDICAL PARK 1998 RESOLUTION NO. 98- DESCRIBED IN COLLIER COUNTY, FLORIDA. NHERF. AS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida ~he power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHERF. AS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which es~ablishes regulations fo~ =he zoning of particular geographic divisions of ~he County, ~ong which is ~he granting of var~ances~ and WHER~S, =he Board of Zoning Appeals, being ~he duly elected cons=itu=ed Board of ~he area hereby affected, has held a public hearing after no=ice as ~n said regulations made and provided, and has considered the advisability of a 30-foot variance fg~ the required 30 foo~ setback Co 0 feec from a co,on pe=ime=e= on =he accached plo= plan, Exhlbtc 'A', tn a PUD zone fo= ~he hegelnafce= described, and has found saclsfac=ogy provision and arrangement have been made concerning all applicable ~==ers re~tred by said ~egula=1ons and ~n accordance wt~h Section 2.7.5 of =he Zoning Regulations of said Land ~velo~en= Code for che unlncorpo=a=ed area of Collte= CounCy~ and WHER~S, all 1n=eges=ed parties have been given oppog=un1=y ~o be heard by =his Board tn public meeting asse~led, and the Boagd hav~ng considered all mat=ers pgesenced~ NOW THEREFORE ~ IT RESOLVED BY THE BOARD OF ZONING APP~L$ of Collier County, Florida, =ha~: The Petit/on V-98-4 filed by Robert L. ~ane of Hole, Montes Associates, Inc., representing Naples Co~un~=y Hospital, wtch respect ~o ~he property hereinafter described as: The western perimeter propeg~y boundary of ~ 7, of ~he North Naples Hed~cal Pagk Subdivision as =ecorded tn Pla~ Book 26, Pages 46-47 and =he eastern perimeter prope==y boundary Plat Book 17, Pages $0-$1, of the Public Records of Collier County, £1orida. be and the same hereby is approved for a 30-foot variance from the required 30 foo= setback to 0 feet from a common perimeter property line as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following ! 20 2.2 2.3 2.4 2S 1.8 1'/ 1. Property owner is subject to the County's platting requirements should three (3) or more parcels (from e£t~er parent parcel) be crea~ed. 2. North ~aplee Kedica~ Park shall record and relinquish i~B interest in ~he ten (10) foot platted landscape buffer easement along the western perime~er boundary of BE IT RESOLVE~ that this Resolution relatin~ to Petition Numbe~ 21 V-98-4 be recorded in the minutes of this Board. t~ This Resolution adopted a~ter motion, second and ma~ority vote. 2o Done this day of , 1998. ~ ATTEST: 2~ DWIGHT E. BROCK, Clerk 2~ 2~ Approved as =o Form and Legal Suff~ciency: ~0 aa Har~o~ie H. Student ~4 Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman -2- APR,81998 J _ J P.U~. ~OLLIER P.U~. NORTH NAPLE,' MEDICAL PAF~ 30 ffoo t-----.~: · setback--I !~--30 foot setback l ·toff l~l~lr~ I I i Exhibit A B_tkt~_l_lll_7 , ~-~-~ EXECUTIVE SUMMARY PETITION V.,98..3, ANITA I- JENKINS OF WILSON MILLER, BARTON & PEEK, INC., REPRESENTING NAPLES HR8 PARTNERSHIP, REQUESTING A 6 FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF t5 FEET TO 9 FEET FOR PROPERTY LOCATED AT 215 NORTH AIRPORT ROAD, FURTHER DESCRIBED AS TRACT 'B" OF AIRPORT ROAD PLAZA, IN SECTION 36, TOWNSHIP 49 8OUTH, RANGE 25 EAST, COLUER COUNTY, FL. The petitioners request a variance of 6 feet from the required side yard setback of 15 feet to 9 feet to allow construction of an addition to an existing building. CONSIDERATIONS: The petitioner wishes to construct an addition to the existing Children & Families Service Center along the east property line of the subject parcel. The proposed addition would encroach 6 feet into the required 15-foot side yard setback. The addition was designed at the same time as the main building, however it was not shown on the Site Development Plan for the main building. The SDP showed the building over 50 feet from the east property line. At the time the SDP was submitted, the property was configured with frontage on Airport Road, the building's address was numbered as Airport Road, and the front of the building faced Airport Road, so an interpretation was made that, the eastern property line was a rear yard. The petitioner states that he relied on the fact that the eastern property line was a rear yard with a 5 foot setback to design the SDP Amendment for the addition. However, before the SDP Amendment was submitted, a portion of the property was sold, and the HRS building no longer had frontage on Airport Road, making the eastern property line a side yard with a 15 foot setback. At the Pre.Application Meeting for the SDP Amendment, the petitioner was told that the proposed five foot side yard setback did not meet the requirements of the C-5 district, and that a variance would be required to construct the addition in that location. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with applicable provisions of the Collier County Growth Management Plan. AP ; 8 998 ,,; / I.IlSl'OEIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and arch~cal probability as referenced on the offidal Collier County Probability Map. Therefore, an Historlcal/~oglcal Survey and Assessment or waiver is not required. : ,.: '.. ,. PLANNING COMMISSION RECOMMENDATION: ~ unanimou~ vo~, f~ PMJtion v-gs-~ to th~ Board of Zoning Appeals with PREPARED BY: _~,EWED lilY: ~bNALD F. NINO, AICP CURRENT PLANNING MANAGER DATE  ~.~.~CE S DIRECTOR · VINCENT A CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 2 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL, PLANNER II COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 12, 1998 RE: PETITION v-g8-3 AGENT/APPLICANT: Agent: OwTler:. Anita L. Jenkins, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Naples HRS Partnership PO Box 13452 Pensacola, FL 32591-3452 REQUESTED ACTION; The petitioner requests a variance of 6 feet from the required side yard setback of 15 feet to 9 feet to allow construction of an addition to the existing Children and FamBes Service Center. t)EOGRAPHIC LOCATION: The subject property is addressed as 215 North Airport Road. legally described as Parcel 'B', Replat of Tract 'B' of Nrport Road Plaza. pI, IRPOSE./DESCRIPTION OF PROJECT: encroach 6 feet into the required 15-foot side yard setback. SURROUNDII~IG LAND U~;E AND ZONING: Subject: Surrounding: North - East - South - West - Existing Children & Families Service Center, zoned C-5 Mercantile Plaza; zoned C-5 Unimproved Lot; zoned I Radio Road ROW Commercial building under construction & existing First Union Bank building; zoned C-5 HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property Is not located within an area of historical and archaeological probability as referenced on lie official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE AND IENVIRONMENT; Approval of this variance request will have no effect on infrastructure, transportat~n or,~~ ~ the environment. 3 · The pmvisiof~ of Subsection 4(a) through (h) of the ~r County Land Development Code are general guidelines to be used to assist the Planning Commission in making a recommendation. Responses to items (a) through (h) of Subsection 11.1 4) are as foflows: Ara there special conditions and circumstances existing whlch am peculiar to the location, size and characteristics of the land, structure, or building Involved? Yes. The addition was designed at the same time as the main building, however it was not shown on the Site Development Plan for the main building. The SDP showed the building over 50 feet from the east property line. At the time the SDP was submitted, the property was configured with frontage on Airport Road, the building's address was numbered as Airport Road, and the front of the bu~ing faced Airport Road, so an interpretation was made that, the eastern property fine was a rear yard. The petitioner states that he relied on the fact that the eastern property line was a rear yard with a 5 foot setback to design the SDP Amendment for the addition. However, before the SDP Amendment was submitted, a portion of the property was sold, and the HRS building no longer had frontage on Airport Road, making the eastem property line a side yard with a 15 foot setback. At the Pre-Application Meeting for the SDP Amendment, the petitioner was told that the proposed five foot side yard setback did not meet the requirements of the C-5 district, and that a variance would be required to construct the addition in that location. bo Are there apeclal conditions and circumstances which do not result from the action c~f the applicant such as pre-existing condlflona relative to the property which Is the subject of the variance request? No. At one time the parcel was configured differently, with property that extended to Airl:x~ Road (hence the Airport Road address), and the eastem property line was interpreted to be a rear yard, with a requirement of zero or five feet. A portion of the parcel was then sold, causing the eastern property line to become a side yard, with a requirement of 15 feet. Ce de Will a Iltera! Interpretation of the provlelons of this Land Development Code work unnece~.trY and undue hardship on the applicant? No. The petitioner can construct an addition to the existing building within the required setbacks, but not In the proposed ~. i~n~ the reasonable use of the land. bu,mng or ~ru and which ~tandsn~ of health, safety and welfare? No. There is a buMing on site which provides a reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning ragu_lotions to other lands. buildings, or structures In the same zoning district? Yes. this variance will allow the petitioner to have a structure which is closer to the side property line by 6 feet than currently allowed in the C-5 zoning districL fe Will granting the variance be In harmony with the general Intent and purpose of this Land Development Code, and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare? The granting of this variance will reduce the area of the required side yard which will not be in harmony with the general Intent and purpose of the LDC; however, given the current criteria set forth for the granting of variances, such a vadance may be supported if the Planning Commission feels that the request is appropriate given the circumstances and conditions unique to this application. Are there natural conditions or physically Induced condltions that ameliorate the goals and objectives of the regulation such a~ natural preserves, lakes, golf courses, etc.? The adjacent lot to the east is currently vacant. It is zoned Industrial, so a building could be constructed on the property line. he Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the~ Management Plan. APR 8 1998 Pg' _,7. ,. ~TAFF RECOMMENDATION: Due to the fact that the petitioner relied on the setbac~ Indicated on the SDP, and designed the addition in the proposed location, staff recommends that the Collier County Planning Commission forward Petition V-98-3 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: DATE R'ONALD F. NINO, AICP ACTING CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECT_OR VINCENT A. CA , DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number:. V-98-3 Staff report for the April 2, 1998 CCPC meeting. This Petition has been scheduled for the April 28, 1998 BZA Public Heating. COLLIER COUNTY PLANNING C~ISSION: MICHAEL A. DAVIS, CHAIRMAN APR 2 8 1998 ~^R1ANC~ pi~TrtoN (¥AI~IANCE I~ROM S~ACK(S) REQUIRED FOR A PAR~CU~R ZONING DIS~I~ DA~ p~ON RECKED _ - p~ON NO - - PRO~E~ p~N~ - (~OVE TO BE HL~D IN BY STA~ ~ p~O~'S N~E ~ ~o~'s ~DD~S ~ - AGE~'S N~JE ~ AOSNT'S ADD~S ~ LEGAL D~c~ON OF SU~E~ PROPERS: P~T . . PLAT BOOK ~ PAGE _3~ ,,SE~ON ~ To~SH1P ~ ~NGE ~ (If legal description ~s leng~y, i.e., metes and ~u~ description. ~ch zdditioml page) CU~ ZONING OF SU~E~ PROPER~ ~ EXI~NG LAND USE ON S~]E~ PROPER~ ~ ADJACENT ZONING AND ~ND USE S~ E I - W_ MI~ Y~ ~Q~E~S FOR S~E~ PROP~ CO~ER LOT: NO~ (CIRC~ ON~ ~0~: _ ~' - wA~O~ LOT: NO~ (CIRCLE ON~ S~E: lS' APR 2 8 1998 ,,,._.F___J NATLq~E OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed: the amount of encroachment proposed using numbers, i.e., reduce front setback from 25' to 15'; when property owner purchased property.; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. The Naples HRS Partnership purchased Tract "B' of Airport Road PIa,~, on July 11, 1996. The Naples HRS Partnership routinely purchases property and contracts with State of Florida Depa~h,ent of Children and Families (C&F) to provide long term lease space for various HRS operations. A Site Development Plan (SDP # 96-87) for Tract "B" of Airport Road P!_~;a (I-IRS Site) was filed with Project Review Services on July I1, 1996. The SDP requested approval to build the Children and Families Service Center for lease by the Florida HRS. The SDP showed the building, associated infrastructure, and the code required building setbacks. A 5 foot setback was shown along the east property line which is parallel to the rear of the building. Midway through the SDP review process a replat for the HRS Site was f'ded to create two additional parcels. The SDP and plat were reviewed and approved simultaneously. The SDP was approved by Collier County on August 15, 1996 with a $' setback along the east property line. A building permit (# 96-102921 for the HRS Children and Family Sen'ices building was subsequently Lssued and the building was complete on April 14. 1997. The Naples HRS Partnership, knowing that building expansion would be required by the HRS in the future, master planned the site for building expansion. Room was allowed in the rear of the building for expansion taking into account the approved 5 foot setback. The original parking and water management was designed ~ith ex'ira spaces and capacity so that the building expansion could occur without concurrent expansion of infrastructure. Shortly after completion of the building, the Florida HRS cont.r.acted with the Naples tiPS Partnership for such building expansion. Relying on the approved, m~. SDP, the Naples HRS Parinership contracted for the design and construction of a prefabricated addition t~ the HRS building. During the pre-application meeting with Collier County staff for an amendment to the SDP to allow the expansion, County staff noted that the east property line was subject to a 15 foot side yard setback not the SDP approved 5 foot rear yard setback. Given the configuration of the expansion, a portion of the building will encroach 5.82' at the southern end and 3.02' at northern end. This is shown on Exhibit 1. Naples HRS Partnership can increase the setback from 5' to 9', but based on the dimensions of the I-IRS addition the 15' setback cannot be met. Therefore. we request that the 15' setback along the eastern property line be reduced to 9'. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals. and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special condition~ and circumstances existing which are peculiar to the location, size and characteristics of the LAND. STRUCTURE OR BUILDING involved and which are not applicable to the same degrees or extent to the lands, structures or buildings in the same zoning district? The property is a corner parcel on two arterials which has unique characteristics from traditional parcels x~th clearly def"med front, sides and rear setbacks. The property has an Airport Road address, the back of the Children and Fatuities Service Center building i~ li~ (5' setback), and the main entrance and legal access is to Airport road. retied upon an approved SDP showing a $' setback on the eastern property. reliance the petitioner has expended a significant amount on design and addition. . /O o Are there special conditions and circumstances which do not result from the action of the applicant? An SDP with a S' setback has been approved b)' Collier Count)', resulting in the petitioner contracting for the design and construction of the prefabricated building addition. The replatting of the parcels resulted in changing the "technical" application of setbacks without changing the physical orientation of the building. Will a literal interprctation of the provisions of the Land Development Code deprive the applicant of a riiht or fights commonly enjoyed by other properties in the same zoning district under the terms of this zoning code tnd work unnecessary and undue hardship on the applica~? The interpretation of a 15' setback will result in an unnecessary, hardship in the form of requiring further expenditures for the redesign and prefabrication of the building addition. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land. building, or structure? Yes. The addition x~/ll require the minimum variance of a 9' setback. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district? The Land Development Code allows for all property owners in the C-5 zoning district to petition for a setback variance. The adjoining Industrial zoning allmvs for a minimum 10' side yard setback. therefore the buildings will be a minimum of 19' apart. Will the granting of this variance be in harmony with the general intent and purpose of this Land Development Code. and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The HRS site is zoned C-5. The property adjacent to the requested setback variance is zoned Industrial and is vacant. There are no proposed utilities or easements within the subject setback. The requested setback variance ~/11 have no detrimental impact on the adjacent property. SIGNATURE OF PETITIONER OR AGENT FEE: S~25.00 (DOUBLE FOR AFTER-THE-FACT VARIANCE) VII ~.,O0~-OOI · I~'0~- APR 2 8 1998 $i~mmr, of Aim STATE 01~ I~.,O~A COUNTY OF COLLTBA ' , "/ Thc forr~oi=~ ^Fplication was a~w~M ~ ~ ~ ' ~. ~y of ~, l~[, ~ .~ ~ ,'~'-" ". . ~o h ~~ ~n m ~ or who ~ p~ a' ;'.. ~ ~u ~~ (S~mm o~ No~ ~blic) APR 2 8 1998 TOTP&. P. 03 ~ 'd ~-~<D~~ DJ.t:~5Ott-O~ I'IOM.-I I~dt~:'E: E~66t-I t-E: OF N,4PI-~-~ HR~ p, dR~ER~HIP. ~ F!orld~ ~n~ral 1;;arYner~Mo WITt~K$$~.TR THAT: of Chapter t520, Florida S:atutm, which hw shah govorn the rights and ILtbtHdc~ of' the pa:ties egcep; as otbetwb~ hcre~n, ctprcs~ly stated or later fn wr~t~ ak, rend. NAME AND ~q/NCTPAL 01rl~C~ Tho partaeob[p shall be ooaducted unde~ the aurae of ~ fIBS I'~itSHIP. · Florida pnmi yarmersblp.' Tau prfndpal ofl3c, of th, P~rmcrddp sb~ be iocatod at 1201 North Tm'razou Su~t. Pensacola. Flori~ 32~1. property, and the de~k~mmt, rental sad nbs thereof, aod the coaauc~ ot tory otoar imsmess m' ~eueral ptflncrship may en~ uuder the laws of; the S'dta O! FJorMa. ~o .. 421 ~'wrA Pf~)'az $~r,~ P~ ~ $2301 APR 2 8 1998: EXHIBIT I TRACT A 24' INGRESS/EGR£SS ZONING ~ ~''' , ,, ~BUILOINGi ~%o~~-,, ,,,: . ~ (-,,,,,-,,,4 3.02 xI f/ I I I tracT ¢ F ~ RN~O ==:.':.".' HRS CHILDREN AND FAMILIES SERVICES BUILDING ,==.:~',': NAPLES HRS PARTNERSHIP 1998 WILSON -~_ MILLER 03./OJ/ll- Tt't 10:J1 }'AX I Fcb~'Y 20, 1998 Steve Del 08110 ?.O.B.~ 124S2 I, ons~colu, ~ 32591-3452 ]~c: Se~bsck yari~ce .t:'-,,.~ i3.z j~ A. w0oz). :.*(c. ~-~ /e2e, Del.' ~Lr. Pcl Ge.Ho: · ' t~fl~on our Lc cflt to peqition for · sotber, k ve."i&'.cc...T~.*, letter Thank you ~'or b_ringO~, m my i .... _)'_ tco Florida Deplrcrnent of('t"t,dr~'n m~d m d'm.ut a the S" f . - ;..,. ~ it Z ow~ the pyapcrTY sft .... ,: .....,4 ! v ob ecl:on to · ....,., v__, · .......... ..,q..s..fl nmucz3Y au.i-, u,.- - hi ¢ r~ ~J . _ FL'nIXies buLldtnC s~te. ,aj. iocn.~ ~ z~,-.. '.--_-I"..~',-'...~;:.. r,~, thc ,ctbtck iloflf yo~ r.t,tcrn · t,Ti,&T, ~ wj~l p,q,.,ki,,i ..... ~,,4,~- ,o )'"',.,, ,~b..,:k. ~. ,.,,~ :_"'""~.._"_?._L',,S,, ,o .~,,, ~,,t c~'). riot harm i pegittvc :rApier on my p pcfl . ~'~h_ 4. - . oodl mirdm~rr: Itnds~ tn:fiat bcrwccn ~6 two proper~co will ~fl'lcc Ind no ~ t).,z.,'zcr~f v,~l! bc nccu~:rY. S~Nctrtly. ' [ RESOLUTION NO. R£LATiNG TO PETITION NLr~BER V-98-3, VARIANCE C:I PROPERTY HEREINAFTER .'£SCRIB£D IN COLLIER COmiTY, r~-ORIDA. WHEREAS, ::.e Legislature of the State o! £1otida in Chapte: 12S, ~ Florida Statutes, ~as confer:ed on all counties in Plo:ida the power ~0 establish, coordinate and enforce zoning and such bus,ness regulations ~ as are necessary :or the protection of the public~ and 12 WH£R£AS, :~e County pursuan: thereto has adopted a Land ~3 Development C:~e Ttdi~ance No. 91-1021 which establishes regulations ~ for the zoning :f ~at:icular geographic :ivlsions of the County, among :s w~:ch is the g:ant:~g of variances; and WHEREAS, :~e ~:ar= :: Z¢~:~g A~peals re:rig :.te duly e~ec,eo :~ ::~s:i:u:e= 5ia:= :f :he area ~ereby affected, has held a public :8 ~earLmg al:e: z::::e as i~ sa~ regulations made amd p:ovided, an~ has :~ =:~s:~e:e: :~ a:-::sa::l::y cf a 6-ldo: ':ariance fto~ the requi:ed side :0 yarc · :~ ...: :: } fee: as stown on t~e a::ac~eO plot plan, :: "A', :~ a 1-} ::re f:: :.re ~::~erty here:~a~ter described, and has := f:u~O as a nat:e: :f fa:: :ha: satisfact::y provision and ;3 ha'~e ~een ma=e ::zce:m:mg all a~pllcable hatters required by sa~d ~ :egula:i:ns a~d in accordance ~i:h Sect!ch 2.7.5 of the Zoning 25 ~egulatLons cf sa~ La~d Deveic~ent Code ~or the un:ncorpc:a:e~ a:ea :~ of C¢llier T:u~:y~ and WHEREAS, all :~:eres:eo tart:es have been given oppor:un!ty ~ hea:O by :his ~car~ :n public neeting assembled, and :he BoarO having 2~ c:~sidere~ all ~a::e:s p:esented~ taOW T~£R:~$R~ B£ IT R£SOLV£D BY TK£ BOARD OF ZONING APP~.TALS of ~ Collier County, r~o:~da, :hat: The Fe:~t:¢n V-98-3 filed by Anita L. Jenkins, of Wilson, 3~ Barton & ?eek, i~c., :epresenting Naples HRS partners~ip, with respe¢: 3~ to the proper:y here,:after described as: Exhibit '9" which is attached hereto and inco=porated by reference herein. 3~ be and the same hereby is approved for a 6-ldO: variance f:om the ~ required aide yar~ cf 1E feet :o 9 feet aa shown on -1- APR 2 8 1998 [" / This variance is for the encrcacr~..ent depic:ed ~n Exhibit Any ocher encroachment shall require approval of another variance. BE IT RESOLVED ~ba~ ~his Reso~:$on rela~i~g ~o Peri,Son v-9~-3 be recorded in ~he minutes of :bls Board. This Resolu~lon adopted after mot~ono second and ma~o=$~y vo~e. day o~ , 1998. BOARD O£ ZONING ~PPEJ~S COLLIE~ COUNTY, :-LORZD~ ~AEBAEA B. BEERY, ~halrman -2- .,._/7 _J .: EXHIBIT "A" APR 2 8 1998 LEGAL DESCRIPTION Parcel 'B", Replat of Tract 'B' of Airport Road Plaza, as recorded in Plat Book 28, Pages 3-4, of the Publ}c Records of Collier County, FL. EXHIBIT 'B* APR ~ 8 1998 EXECUTIVE SUMMARY PETITION V-98-1, A. ICURT ARDAMAN, REPRESENTING ABC LIQUORS, INC., REQUESTING A 15 FOOT VARIANCE FROM THE REQI.ffRED 15 FOOT LANDSCAPE BUFFER STRIP TO ZERO (0) FEET FOR PROPERTY IX)CATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST AND FURTttER DESCRIB~ AS LOT 36, NAPLES GROVE AND TRUCK COMPANY'S NO. 2, IN SECTION 11, TOWNSHIP 50 SOIYI'H, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks a 1 $ foot variance from the required landscape buffer as noted above. CONSIDERATIONS: The petitioner indicates that the Florida Department of Transportation (FDOT) acquired 2,748 square feet or 20 feet of land area fronting along Tamiami Trail from an eminent domain action on August 18, 1995. This taking will result in a loss of landscaping and three parking spaces due to the mad improvcment. The FDOT has a~eed to su~.oort this variance requesL pursuant to a Mettled Settlement Am-cement dated Feb~ary 25. 1997. The petitioner contends that they would lose &~ additional 5 ~r 6 pm'king spaces if the 1 $ foot landscape buffer is rcquired to be placed gong the southern property line in the event future expansion or redevelopment of the existing'sm2cturc. The subject site currently contains 64 parking spaces while 61 parking spaces will be provided after the taking and road improvements arc made. It should be notc~ that the subject site is a conforming lot of record taxi will rcm~ conforming in lot area and lot width after thc 20 foot eminent domain taking by FDOT. Howcver, if the public taking resulted ina non-conforming lot, Section 2.1.13 oIthe ..Colli.er ~ .Land .Dcvel~1~u~~(l~')~ ,,~,,da -,~I,, This Scciion esUd~lishes the Courtly s poncy (Jeans Mm yzms or ~ou .. _ ~ .".7~'~:~ ~r;,~i,t;,~,, ~md indicates that the uired yards sre permitted to be redu._e~ by me smon~, oI .... " management and p~king which become mm-conIor~___mg nave no ~ surface water comparable Code provision dealing with non-conformities resulting from a public taking. Therefore, where landscaping becomes non.confortn_ lng due to the taking of property for public purpose, curative measur~ would only be addressed ~ould the establiflaed use expand, which would require land~mping to be installed to meet current requirements to the greatest extent possible per ~;tion 2.4.7 of the LDC. Since, there are ~ provisions within the LDC which requires tn Immedht_e cure for.fl buffer which becomes non-conforming as t result of code changes o.r .other.l~. u.I crested by the p~operty owner, the IS foot landscape buffer will not nave to De msuncu. addition, Section 1.8.1.1 of the LDC allows these non-conformities to continue unless and/or until they are voluntarily renovated or removed as requ. i .mi..by~_.t~_.Cod_~_.Th_c~LDC ,statues that these non-conformities shall not be ~mlarged upon, exp~co, tmemmm, ~ ~;XUm~ current non-conformities to thc gres~ extent possible. 1 APRg81998 J It is staff's opinion tl~ the granting of this varianc~ will not be in kccplng with the general intent amd propose of the land Development Code. Nonetheless, it is unlikely that ~n¥ detriment to thc public welfare would result from its spproval since the existing landsc~ buff'er mca will not have to be replaced for thc current existing strucUn-c as noted above. Therefore, thc granting of this vmiance will not be injurious to the neishborhood. Bccause a variance runs with the land, staff'is of thc opinion thai the ~ranting of this variance will perpetually eliminate the landscape buffer requirement irrespective of any future possibilities for redevelopment of this site. For this reason, a variance should not be sranted simply to establish a condition whereby the property is not unencumbered with m~y non-conformities. In summary, there ere no provisions within the LDC which requires an immediate cure for a landscape requirement which becomes non-conforming as a result of code changes or other lawful action not created by the prope~ owner. As a result, the landscape buffer will not have to be inmlled under current conditions. Since the subject site will remain conforming in lot area snd lot width after the 20 foot eminent donuin taking, staff is of the opinion that the landscepe buffer should be required to the srealest extent possible if the existing structure is expanded or the buffer be provided if the site is redevelopcd with new structures and uses. The Collier County Planning Commission (CCPC) heard this petition on April 16, 1998. During this public hearing the petitioner agreed with staff's analysis that thc required landscape buffer be provided as required by thc LDC if the existing slructure ever expands or thc site is redevcloped with new structures and uses. Nevertheless. the petitioner indicates that the variance is needed to complcic the February 25. 1997 Mediated Settlement Am'cement between the m'ooertv owner and the Florida DOT. This will ensure that minor improvements to the interior of the building that do not increase the intensity of the use will not trigger the huxlscapo buffer to be installed which will further reduce thc parking spaces. Therefore, the petitioner requested that the variance be approved subject to a stipulation that the requested variance become null and void if the existing structure ever expands or the site is re. developed with new structures and uses. Based on this i-formstton, the CCPC voted 6 to 0 to forward Petition V-98-1 to the Bosrd of Zoning Appesls (BZA) with s reeommendsflon of approvsl subject to the requested variance becoming nnll and void if the existing structure ever expands or the site is redeveloped with new structures and uses. No correspondence for or against this petition has been received. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Thc proposed vari~cc is consistent with the applicable provisions ofthe Growth Management Plan. PLANNING COMbHSSION RECOMMENDATION: The Collier County Planning Commission (CC'PC) forward Petition V-98-1 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the variance the existing structure ever expands or the site is redeveloped with new structures and 2 Iq~F.,P~D BY CURRENT PLANNING SECTION DATE ~MANAGER CURRENT ~ANN~G SECTION DA~i~ ~//~'~ A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. V-gT-I 2/EX $UMMARY/RV~,'~ 3 AGENDA ITEM 7-C TO: COLLIER COLTNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOP~ AND ENVIRO~AL SERVICES DATE: 23, 1998 Ph-rlTION NO: V-98-I, ABC LIQUORS, INC. OWNEWAGENT: Agent: Mr. A. Kun~ Fishback Law Firm 170 E. WLshington Street Orlando, FL 32801 ABC Liquors, Inc. Mr. Marc L. Wi~more 8989 S. Orange Avenue Orlando, Florida 32824 i~OUEST~D ACTION: The petitioner is r~questing a I$ foot variance from the rsquir~ 15 foot landscape buffer to Zero (0) feet on the south ~ line. GEOGRAPHIC LOCATION: The property fronts on the north side of Tamiami Trail East and is fuflhcr described u Lot 36, Naples Grove and Truck Company's No. 2 in Section 11, Township 50 South, Range 25 East. (See illustration on the following page) PURPOSE/DESCRIPTION FOR VARIANCE: The purpose of this petition is to seek relief from the required 15 foot landscape buffer requ/rernent. The petitioner indicates that the Florida Deparm~ent of T.~..~tion ac~_.uired 2,748 square ~eet or 20 fe~ of land area along Tamiarni Trail from an eminent domain action on August 18, 1995. This taking will result in a loss of landscaping sm:l three parking spaces due to the mad improvement. The Florida Depmment of Tcampormion has agreed to support this variance request, pursuant to a Mediated Settlement Agreement dated February 25, 1997. The petitioner contends that they would lose an additional 5 or 6 p .arVin.' g. spaces if the 15 foot landscape buffer is required to be placed along the southern property line m the event the existing structure expands. The subject site currently contains 64 parking spaces wMle 61 parking spaces will be provided after the taking and mad improvements are made. ~ It thould be noted that the sub_iect site is n c,,--ntrorm~n? lot ofrecord n~d wi1~_rem__am cor, o .r~, ~..n_~ in lot a~ea and lot width sfter the 20 foot--ine~ d, sin tskln_e by FDGjT. ]~llt~e~,, l~te i I 'il l! APR :e 8 199t .... ' "3 J rER CONDITIONS SITE PLAN It,'ILOI#O I P' "~ ! ' I , L~ J I :1,.+ I - Landscape TAMIAMI TRAIL I:)t. AT BOOK 2, PAG£ public taking resulted in a non-conforming lot, Section 2.1.13 of the Collier County Land Development Code (I.,DC) would apply. This Section establishes the County's policy de~llng with yards or lots reduced through public acquisition snd indicates that thc required yards ~re permitted to be reduced by the amount ofthe taking not to result in a front yard less than I0 feet. Other developed site concerns such as landscaping, surface waIer management and parking which become non.conforming have no comparable Code provision dealing with non- conformities resulting from a public taking. However, where landscaping or parking becomes eon-conforming due to the taking of properly for public purpose, curative messures would only be addressed should the estsbl[sh~ use e~_ and, which would require additional parking to be provided per Section 2.33 of the LDC and lsndscspini to be lnstslled to meet current requirements to the grestest extent possible per section 2.4.7 of the LDC. Conversely, there are no provisions within the LDC which requires an immediate cure for a landscape buffer which becomes non-conforming as a result of code changes or other lawful action not created by the property owner, the 15 foot landscape buffer wi~ not have to be installed. In addition, Section 1.8.1.1 of the LDC allows these non-conformities to continue unless and/or until they are voluntarily renovated or removed as required by this Code. Nevertheless, it is not the intent of this Section to help these non-conformities to continue irrespective of any expansion plans. Therefore, the LDC requires that these non-conf~ti~ shall not be enlarged upon, expanded, intensified, or extended without correcting current non- conformities to the greatest extent possible. SURROUNDING LAND USE AND ZONING: Existing: The site is currently developed with a liquor store and is zoned C-4. Surrounding: North - Lois Street and a water treatment plant; Zoned: "C-4". East - Developed commercial; Zoned: C-4. South - US-41; Zoned: C-4 West - Developed commercial; Zoned: "C-4" GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR INFRASTRUC HSRE: ENVIRONMENTAL. TRANSPORTATION AND Approval of this variance request will have no effect on infrasm:cture, transportation or the Section 2.7.$ of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the B~ provisions of Subsection "4" (a) through (h) which are general guidelines to be bsedt~-~ I Commission in making a determination. Responses2toirons in Subregion ali[o l , : 1998 Pg.. f ,_._ Are there special conditions and circumstances existing which are peculiar to the location, size and char~cteflstfcs of the land, stFucture, or budding involved? Thc subject site is a conforming lot of record which will be encumbered by the acquisition of 2,748 square feet or 20 feet ofproperty along the south pwperty line by the Florida Department of Transportation. This taking by eminent domain will result in the loss of the existing landscaping and parking along US-41. Since there are no m'ovis-lon~ within the I.I'N~ which reeuires an immediate cure for this larulern~e retmir~ent thnt becomes non-eonformin? ~ a rexult of a public f,leln~_ the lan~'buffe; will not hart. ~ Any futla~ intensification to the exi~ing ~ruetu~ or use may requite that a 1:5 foot landscape buffer be provided to the greatest extent possq'ble irrespective of the talcing. This could result in the loss of approximately six additional parking spaces unless the variance is granted. However, since thc subject site will remain conforming in lot area and lot width after the 20 foot eminent domain taking, staffis of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structm-e is expanded or the buffer be provided if the site is redeveloped with new structures and uses. be Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, as t~oted above, the non-conformity in the required landscape buffer/long US-il results from the eminent domain action taken by the Florida Department of Transportation and is not the result from action taken by the applicant. However. there are no provisions within the LDC which reouires an immediate cure for this landscape. requirement which becomes non-conforming as a result of a public takin~. Therefore. thr, landscape buffer will not have to be installed for the site as it currently ex~s. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes, the petitioner states that the placement of the 15 foot landscape buffer along US-41 requires the removal of 6 parking spaces which could result in a loss ofbusiness. A literal interpretation of the LDC may not allow the property owner to intensify the existing facility without providing some measure of a landscape buffer along the Tamiami Trail East which would result in a reduction in parking spaces. de Will the variance, if granted, be the minimum variance that will make possible the reasonable rise of the land, building or structure and which promote standards of health, safety and welfare? Yes, the p~titioner is seeking the rain/mum amount to allow the continued use of the existing parking spaces on the subject lot and to provide that in the futu~. 'they~~j have to provide a landscape buffer adjacent to Tamiami Trail East ' t~e event of afly / / APR 2 8 1998 / expansion of the existing structure or redevelopment of the site that will provide for new structures and uses. ee Will granting the variance requested confer on the petitioner any special privilege that fs denied by these zoning re/ulations to other lands, buildings, or structures in the same zoning district? Yes, thc granting of thc requested variance will allow the land owner to eliminate thc landscape buffer area, which is den/ed to other property owners in thc area unless a similar variance is approved. It should be noted that all var/mr, es effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimentM to the public welfare? Staff is of thc opinion that the granting of this variance would be in keeping with the general intent and purpose of the Land Development Code if the taldn_e resulted in the subject lot becomin_e non-conforrnin_e in lot area or lot width. However, the subject lot will remain conforming in lot area and lot width. Therefore, ~taffis of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structure is ever expanded or all the buffer be provided if the site is redeveloped with new structures. Conversely, if the variance is approved, it is unlikely that any detriment to the public welfare would result since there are no provisions within the LDC which requires an immediate cure for a non-conforming landscape requirement that resulted from code changes or other lawful action not created by the pwperty owner. As a result, the proposed variance will not have any adverse impact on the surrounding properties. ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Since a variance runs with the land, staff is of the opinion that the granting of this variance will perpetually eliminate the landscape buffer requirement irrespective of any future possibilities for redevelopment of this site. For this reason, a variance should not be granted simply to establish a condition whereby the property is not unencumbered with any non-conformities. h. Will granting the variance be consistent with the Growth Management Plan? The graining of the requested variance will not affect or change the requirements of the Growth Management Plan. In summary, there are no provisions within the LDC which requires an immediate cure for a landscape requirement which becomes non-conforming as a result of code ch.' lawful action not created by the property owner. As a result, the landscape buffc to be installed. Since the subject site will remain conforming in lot area and lot wi¢ 4 will th t to1998 I I foot emincnt ~ taking, sm'tis ofthe opinion that the ~ buff= should be required to the greatest extent possible if the existint ~ is exImalai or the buffer be provided if the ST.~"F RECOMMENDATION: Thai the Collier County Planning Commission (CCPC) recommend denial of Petition V-9g-I being a petition seeking a 15 foot variance from thc r~luir~ 15 foot landscape buffer for property described in the Resolution of Adoption. PRE'PARED BY: / ,//. RAY BELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE '~EVIE,~i BY: I~ONALD F. NINO, AICP, INTERIM MANAGER CURRENT PLANNING SECTION , DIRECTOR OR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number V-98-1 StaffRepon for April 16, 1998 CCPC meeting. DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAiRM. A~ V-9g-I/STAFF REI~RT~ APR 2 8 1998 ._g../0 .__ VARIANCE PETITION (VARkANCE ~O~ SET~ACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT]"~ .'. PETITION NO. PROJECT PLANNER JAN 9 8 '1 ~ DATE PETITION RECEIVED Raymond V. Bellows (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME ABC Liquors, Inc. PETITIONER'S ADDRESS 8989 S. Orange Avenue Orlando, FL 32824 TELEPHONE (407) 851-0000 AGENT'S ADDRESS A. Kurt Ardaman, Esquire, Fishback Law Firm 170 E. Washington Street, Orlando, FL 32801 TELEPHONE(407) LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) 36 BLOCK(S) Naples GrOV~E~T~O~rUck SUBDIVISION ! CO~I~pT'S,nRm~anv RANGE 25E (If legal description is lengfhy, i.e. met6g-& bounds description, attach additional page) 425-2876 CURRENT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT PROPERTY General Commercial ADJACENT ZONING & LAND USE ZONING LAND USE N C-4 Co~ercial Co~ercial Residential.Multi-Family Commercial S C-4 E RMF-6 W C-4 FRONT: SIDE: PEAR: MINIMUM %ARD REQUIREMENTS FOR SUBJECT PROPERTY 25 ft. CORNER LOT: NO~ (CIRCLE ONE) 15 ft. WATERFRON LOT:~YES (CIRCLE ONE) 0-5 ft. 1 APRMB199B ~ Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. ABC Liquors, Inc. is requesting a variance for the 15 foot land- scaping buffer strip. Florida Department of Transportation acquired 2;748 square feet from ~his Droperty in An .min.nt domain ..~tn. on August 18, 1995. If Collier County does not completely waive the 15 foot landscaping buffer strip, the site will lose an additional five (5) parking spaces for a total loss of 10' spaces, leaving only 54 spaces and having a negative impact upon ABC's business amounting to approximately $250,000. Waiving this 15 foot landscaping buffer strip would result in a savings of several hundred tho~$ond dollars. The Florida Department of Transportation has a~reed to support request, pursuant to a Mediated Settlement A~reement dated 2/25/97. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. See above explanation. 2 APR 2 8 1998 me Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Non-conformity resulted from an ac=ion in eminent domain. e Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. and compensacion will be very costly, i.e. $250.000 in ~nmaTes. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Ye~. Will granting the variance requested confer on the petitioner any special privilege tha~ is denied by these zoning regulations to other lands~ buildings, or structures in the same zoning district. ~ayne Arnold, in his September 6, 1994 memo regardin2 appli- ca=ion of =he Land Developmen= Code states that "No provision of =he Collier County Land Developmen= Code requires an immediate cure for a use, structure or requirement which becomes non- conforming as a result of code chanses or other lawful action not created by the property owner." (Copy o£ memorandum is a==ached.) The granting of a variance due to ac=ions in eminent special p domain would not be categorized as a 3 APR 8 1998 e Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the' growth management plan. APR 2 8 1998 T[L,rPt40~qC ~ January 22, 1998 VIA AIRBORNE EXPRESS Raymond V. Bellows Project Planner Community Development Div. Collier County Government 2800 North Horseshoe Drive Naples, FL 33942 Re: ABC Liquors, Inc. Variance Application Our File No.: A6-10717 Dear Ray: I know that it has been some time since I met with you, but for a number of reasons it has taken some time to prepare the application. In essence, the enclosed application requesting a variance to the fifteen (15) foot landscape buffer is necessary in order to bring the DOT's conde~ion case against ABC to closure. ABC and DOT's settlement is contingent upon Collier County granting the above variance. We have enclosed not cx'~ly a boundary survey showing the outline of the property and the improvements, but a survey reflecting the perking spaces on the property which are adversely' affected by the DOT's taking. The five (5) spaces that are lost if the r~een (15) foot landscaping buffer is not waived along Tamiami Trail can be seen by reviewing the parking survey on the enclosed. The survey, plot plan and location map are represented by the enclosed two surveys and county map enclosed. APR ~ 8 FJ98 In add'don to the above, we have enclosed our firm check number 5384~ payable to the Board of Co~ Commissioners in the amount of $425.(30 as the application fee along with the variance petition and letter of authorization from ABC Liquors, Inc. dated JarxJa7 5, 1998 and the letter from Fred A. Ergenbright dated September 13, 1994 along with attached Septembm' 6, 1994 memorandum from Wayne Arnold to George Archibald. If there is anything further that is necessary to process this application, please advise as soon as possible. Finally, please advise as of the dates of any required meetings and of the necessary public hearings and other pre-requisites to the final processing of this variance application. Enclosure AKA/pm APR 2 8 '1998 Ianuary 5, 199~ Commun~ Development Services D~vision Collier Coum~ C, overmnent 2800 North Horseshoe Drive Naples, FL 33942 ABC Liquors, Inc. Collier County Variance Application Lot 36 Naples Grove 5 & Truck Company's Subdivision Our File No.: A&-I0717 Dear Sir/Madam: This letter will serve as Er, hotiz~on for A. Kun Ardlman, Esquire of F'~d)ack Law Firm, 170 E. Washington Street, Odando, FL 32801, to serve as ItGent for ABC Liquors, Inc. in the attach~ variance application. All information contained in this application is honest and true to the best of my knowledge and bet~ef. SWORN TO AND SUBSCRIBED before me this/~:~ day of~~_~ 19'~f . by ~Ma~..~, (Z).~ ~,rL . Personally Known v/ OR Produced Identification · ° Yarimm. llr AFFIDAVIT I, A~C ~¢~q I,,c. being first duly sworn, depose and say that I a~ ~he'owner Of [he property described herein and which is the subject matter of the proposed hearings that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and a¢~ate, before a hearing can be advertised. further permit · ~O~ A ~~ ~ to act as my (AGENT S NAME) representative in any matters regarding this Petition. SIGNATURE OF OWNER State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by --, who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) State of Florida County of Collier NOTARY PUBLIC VARIANCE APPLICATION/md (Signature of Notary Public) NOTARY PUBLIC Co__-~_ ission # My Commission Expires: The~oregoing ~reement Sheet was acknowle.dge, d befor~ me. t_hi.S_. , who is erson to me or W%{o has proouceo __ as ident-f'fT~-6~-F6~ who did (did not) take an oath. Pl&nni~g Services Sept. ember 13, 1994 I;1 DtST. DOT nlw Mr. F-,'ed A, ~..--ga.n!:.-!C!:c, M.-e District. Chick Review Appratser l."lortda DeparCment: o~ TraflsporcaJ:irm P.O. Itox 1249 rlarcow, Pi 33831 RK: Oeveloped Non.-confot.min9 prop~.rcieu Deflr Mt'. Ezgenbrtghc: This lecter is to advise the.PD~r t. hat where p,,½1ic p,rpoee cakings a~ecc developed improved properci, es, non-conformiciem ,ntr~ got the non-conlot~in~ situation. Wh~re such non- r:on[ormiCtes wi:h :he current l~nd Oevelo~ent ~e are created, or increased, :hrough public p,~ae takings, ~rative measures ~tll ~,r ,nder the ~liey eondiclona n,~lined in the at~ache~ fiep;:emher ~, 1994 me~randum to the Collier County Transit:etlon Sec'vices Division.. IK ¥o- have any questions or commenr, s on I;hie subject., please conr. act: me at: (Al.l) di43-84Eg. APR :e 8 1998 TIIBOUOI!: DLTE: RE: MEHOR~NDUH George Archibald, Administrator Transportation Services Richard Clark, Acting Administrator Community Development Services Wayne Arnold, Acting Director Site Development Review September 6, 1994 Application of LDC regarding non-conforming structures, yard~, landscaping, parking and land uses. In response to Transportation Services' reguest, various Sections of the Collier County Land Development Code address the status of non-conforming lots, structures and improvements on property. Specifically, Section 2.1.13 of the LDC titled, "Reduction of Lot Area Prohibited", establishes the County's policy prohibiting the further reduction of lot area or yards for sites in existence at the effective date of the LDC. This Section further provides thaC yards, lot area and lot dimensions reduced through the dedication, condemnation, purchase and the like for public use are excepted .from tile prohibl~ion on lot area reduction. Yards or lots reduced through public acquisition are permitted to be reduced by the amount of the taking; however, the remain~.ng yard shall not result in a front yard. less than 10 feet in depth. The application of this provision of the LDC has been the subject of recent interpretation. Taken literally, one could argue that the resulting front yard could not be less than 10 feet in any case, which might require that any structure affected be removed to insure a 10 foot m~nimum front yard. It is staff's interpretation of this prov~sion that it does not apply to existing, developed ]ors or structures. By the Jnclusion of the language allowing a yard reduction equal to the degree of taking, not resultJ.ng in less than a front yard of 10 feet, the intended applicat~on was for undeveloped properties. As an example, a lot proposed to be developed which has DrevJ. O%lS]y dedJ. cated 15 feeC for County R.O.W., would be entitled to reduce their normal 25 foot front yard by 15 feet to 10 feet at the time of building construct~nn. APR 2 8 1998 · he reduction of' the front yard in this manner does not result In a non-conformin~J situation, sLnce tho T0nC cjrants a redttction ~J.n this manner. ~hara an after take resultin~ yard on a developed parcel is less than ~0 feat tn depth, a non-conforming situation ~s created, however,the non-con~orm£ty does not require an immediate cure. This type o~ non-conformity would be ~amedled through applicable sections o~ the LDC, dependant upon ~hethe~ the non-conforming yard also a~fected landscaping, park£n~ o~ other s~ta conditions. For instance, Section 1.8.10 o~ the LDC states that where lawful non-con~ormities exlst~ such StrtlCtUre(s) may be continued so lon~ aa ~t remains otherwise ~awful, sttb~ect to other provisions. Section ~.8.10.2 states that no such structure nay be enlarged or altered to increase its non- con~orm~tyo Other developed site concerns such as landscapin~, s,rface water management and parkin~ have no comparable Code prov~sion dea~ng vlth non-con~ormities arising as a result o~ public ta~lnqs, except for ~bose cond~tions ar~sin~ f~om application o~ Sect£on 2.L.~3 of the LOC. ~hera othe~ site cons~derations, such as landscaping or par~£ng, become non-conforming due to the taking o~ property for a pubZlc purpose, cttrabive measures ~ould be addre~ed shou]d the established t~es exp~r~ which would ~equLra addit~onal parkLng to ba provided (Section 2.3.3, LOC) for the added floor area, and landscaping to ba £nstaZled to meet current requLrements to the greatest extent poss£bla (Section 2.4.7~ LDC). Curative. measures would also be required should a ]and usa become more ~ntensJ. va or cease to exLst for a pa;~od exceeding 90 days (Sections 2,3.3 and 2.4.7, LDC). Under any'circumstance0 the County certa£nly encotlra~es property owners to voluntarily bruno sites and structures into compliance with current Code requiremen~s; however, it is reco~nizad that non-con~or~ing properties are ~e~uired to hr£n~ developed s~tes and associated str~ctures into compliance w~th current Code requirements only under those circttmstances described above. ~o p~nv[sfon of the Colll. er Cotlnt7 T~nd Development Code requires becomes non-con~ormin~ as a resu)t o~ Code cl~anges or other lawful action not created by the property owner. · ta££'~ e~ma~"y o~ the ~ssus o~ non-con~o~ties c~eatad public need is beet stated in reading Division ~on~f~13~L~eg, ~ection 1.0ol. L of the T~Co Th~s Section reads ~n part, #Xt ~e the intent of this D~vJlion to ~e~m£t theee non-oon£otmities to continue until they are volun~a~£iy renovated oF removed ae reqttired by this Code, but not to encourage their eu~ival. It Is futthet the intent o~ the ~C that the non-con~o~ities shali no~ be enlarged upon, expanded, intensified, ot e~ended...- c= Bob Hulhe~e, Current PlannLng RESOLUTION NO. 98- R£LATING TO PETITIO~ NUHBER V-98-1, D£SC£I~ED IN COLLIER COUNTY, FLORIDA. #HER~AS, the Legislature of the State of Florida in Chapter 125, Florid· Statutes, has conferred on all counties in Florid· the power to establish, coordinate ·nd enforce zoning and such business regulations as ·re necessary for the protection of the public; ·nd WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which astablishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances~ ·nd WHER~S, ~he Eoard of Zonin~ Appeals, being the duly elected constituted Eoard of ~he area hereby affected, has held a public hearinq after notice as in said regulations made and provided, and has 2~ considered the advisability of a Ii-foot variance from the :e~lred 15 ~0 fcc: landscaFi~ ~uffe: strip to ¢ feet ·s shown on the attached plot ~ plan, Exhibit "A', in · C-4 zone fo: the property hereinafter ~ described, ·nd has fcund as a ma:re: of fact that satis~actory ~ provision a~d a:ran;e~e~t have be!~ ~ade concernin~ all applicable ~ mac,ers ~equi:ed by said regulatic~s ·nd in accordance with Section 2s 2.7.5 of =he Zoning RequlaCIons of said Land Develol~nent Code for the 2~ unincorporated ·re· of Collier Ccunty~ ·nd WHEREAS, all interested parties have been given opportunity to be 2a heard by this Board in public mss:lng assen~bled, and the Board having ~j considered all matters presented; NOW THEREFORE 8£ IT RESOLVED ~Y THE BOARD OF ZONING APPF3tT. S of 11 Collier County, Florida, that: The Petition V-98-1 filed by A. Kur: Arda~n, Esquire cf Fishback ~ Law Firm, represen=ing ABC Liquors, Inc., with respect to the proper=y ~4 hereinafter described as: Lot 36, Naples Grove and Truck Company's No. 2, ·s recorded in Pla= Book 1, Page 27, of the Public Records of Collier County, Florida. ~ be and the same hereby is approved for · 15-foot variance from the [ ~GENDAITE¥ 40 required 15 fooc landscaping buffer strip to 0 fe~t a~s~Che ~ / __.1 attached plo~ plan. £xh~bit "A"~ o~ thm C-4 zoning d~s~=lct vhe~in said p~ope=~¥ ia located~ subject to thn following cond£tions= 4. Th£s variance is only for the 15 foot reduction of the required 15 foot landscape buffe~ to 0 feet as dipictad on the attached site plan. BE IT I~SOLVED that this Resolution relating to Petition Number e V-98-1 be recorded in tha~Lnutes of this Board. ! This Resolution adopted aftar mo~ion, second and ma~ority vote. to Done this day of , 1998. ATTEST: I:rdIGHT E. BROCk, Clerk BOARD 0£ ZONING APPEALS COLLIER COUNTY, FLORIDA BA~.~A~ B. BERRY, Chai.-man Approved as to Fo=m and Legal Su~ficiency: -2- LOSS :.-. 7 'T£R CONDITIONS SIT£ P~AN pzzr~zo.~ v-~t-t . TAMIAMI TRAIL · PI. AT BOOK 2. PAGE · EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERM1T NO. 59.639 GREY OAI~ PItASE 1-B LAKES 26~ 27 AND AN ADDITION TO LAKE 22, LOCATED IN SECFIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 2~ EAST: GENERALLY BOUNDED ON ~ NORTR BY WORLD TENNIS CENTER AND KEN~GTON PUD, ON THE WEST BY ~RT ROAD, ON TItE SOUTII BY GOLDEN GATE p~AY, AND ON ~ EAST BY WYNDEMERE AND TIlE PROPOSED LIVINGSTON ROAD. To ismm a commercial excavation permit to excavate material from three lakes inside Grey Oaks for use inside Grey Oaks in accordance with County Ordinance 92-73, Division 3.5. CONSIDERATIONS: Grey Oaks is a 1247 acre PUD. Lakes 22, 26 and 27 sit in the southeast ar~ of the project just northwest of the intersection of Livingston Road and Golden Gate Parkway, behind the FPL FISCAL IMPACT: Application Fee Permit Fee Performanc~ Security Road Impa~t Fee Amount $ 850.O0 $ 2,214.40 Existing None Co. Center 11313890032940000000 1131389O032940000000 GROWTH MANAGEMENT IMPACT: HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the pctitioneffs property is located outside ~n area of historical and archaeological probability as referenced on the official Collier County Probability ls~xp. Therefore, no Historicafl/Arehaeologieal Survey and Assessment is ~r~luired. PLANNIIgG COMMISSION RECOMMENDATION: That the Board of County Commissioner~ approve the issuance of Comm~l Excaw. fion Permit No. 59.639 (no offs'itc hauling) for the project known as "Gr~ Oaks Phase 1-B Lakes 26 and 27, and an addition to Lake 22" with the following stipulafiom: ~ APR 2 8 1998 1. A copy of South Florida Water Management D/strict Permit of Early Work Permit (with staff report) or Florida Dep~imem of Environmental Protection P=m,lt which~.-~ter is applicable is required prior to ~cav'ation permit issuance. 2. The lake littoral zone shall be created and planted as indicaied on the Plan of Record. No vegetation other than that approved for planting shall be used in the littoral zone. 3. All provisions of Collier County Ordinance No. 92-73, Division iLS, shall be adher~ to. 4. No dewatc'fing shall be allowed for the excavation activities. 5. No blasting will be permitted unless issued a separate permit by Collier County Project Plan R~'iew. 6. No excavated material shall be removed from the project site. PREPARED BY. ~ / £/Z,//" .. STAN CHRZAN.OWSKI, P.E. SENIOR ENGINEER CURRENT PLANNING MANAGER COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE SC/h:/EX SUMMARY/dca 2 EXECUTIVE SUMMARY. A RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN (HAP) FOR FISCAL YEARS 1998-1999, 1999-2000 AND 2000-2001 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHW) PROGRAM; A MAXIMUM AWARD SCHEDULE; APPROVE INCREASING APPRO'~q31G ADMINISTRATIVE COSTS OF THE HAP TO A MAXIMUM OF TEN PERCENT OF THE TOTAL ALLOCATION; AUTHOI~W~ING SUBMISSION OF THE HAP TO REVIEW AND .oos G CO.O O CHAIKMAN OF THE BOARD OF COUNTY COMMISSIONERS, ArrKov~t~, THE INTER-LOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AND APPROVING THE EFFECTIVE DATES. ~ To have the Board of County Commissioners approve a resolution which adopts an updated Housing Assistance Plan for fiscal 1998-1999, 1999-2000 and 2000-2001, authorizes an increase tn the percentage of funds '.o be allocated for administrati'~'e costs from 5% to 10%, establishes a maximum award schedule, a cost per unit and a maximum cost per unit for eligible housing pursuant to the State Housing Initiatives Partnership Program. CONSIDERATION: On July 7, 1992, the State Housing Initiatives Partnership (SHIP) Act Was signed into law to provide additional funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida to provide initiatives for affordable housing. An estimated $1,240,387 per year over the next three years will be awarded to the County with $135,698 allocated for the City of Naples and $1,104,689 for unincorporated Collier CounW. On April 13, 1993, the Board of County Commissioners enacted Ordinance 93-19 which established a local Housing Assistance Program; created a local Affordable Housing Assistance Trust Fund; created an Affordable Housing Advisory Commission; and designated the program administration and implementation respons~ilities. On that same date, Collier County and the City of Naples entered into an Interlocal Agreement to jointly receive SHIP rituals. The Agreement also established the County as the implementing agency. As a part of this program, the County, as implementing agency, is required to develop a Housing Assistance Plan (HAP) identifying the strategies that will be implemented to address affordable housing needs. The State of Florida requires each local govc resolution establishing a maximum award schedule, an average cost per u cost per unit for eligible housing benefiting from awards pursuant to Initiatives Partnership Program. he Sf~Te'"l~lOa's1~g- APR 2 8 1998 Pi._ \ ,. In addition to the requirements stated above, the Program allocates a minimum of five percent fund allocation for administration. By resolution, communities may increase that allocation to a maximum of ten percent to cover all administrative expenses. All of the necessary requirements have been addressed in the resolution being considered under this Executive Summary. Accompanying this resolution establishing an updated HAP is an Imerlocal Agreement between Collier County and the City of Naples that jointly addresses county-wide affordable housing needs. The updated Hous'mg Assistance Plan provides for the following strategies: Impact Fee Reliet~ Housing Rehabilitation; Downpayment & Closing Cost Assistance; Land Acquisition/Transfer; Demolition with New Construction; Pre-Approved Plans; Special Needs Housing; Emergency Home Repair, and Expedited Permitting for Affordable Housing. FISCAL IMPACT: All loans will be paid from the SHIP Affordable Housing Trust Fund - Fund 191. An estimated $1,240,397 per year over the next three years will be awarded to the County with $135,69g allocated for the City of Naples and $1,104,659 for unincorporated Collier County. GROWTH MANAGEMENT ~PACT: The updated proposed Housing Assistance Plan will further the goals of the Housing Element of the Collier County Growth Management Plan. The HAP will allow Collier County and the City of Naples to enhance the development and rehabilitation of affordable housing. RECOMMENDATION: That the Board of County Commissioners adopt the proposed resolution establishing a new Housing Assistance Plan, a maximum award schedule, an average and maximum cost per unit for eligible housing, an increase in administrative costs to a maximum of ten percent of the annual SHIP allocation for administrative costs. Additionally, that the Board of County Commissioners re-enter into an Interlocal Agreement with the City of Naples to joimly receive and administer ~unds under the SHIP Program and authorize the Chairman to execute the sam SUBMITTED BY: Date:  .,r l- / a~i Urban Impww-ment APPROV q) BY: ¢: Division of Commm0t7 Devel~t and Em'ironmental Servi¢ $ NO. APR 2 8 Lqg8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 RESOLUTION NO. 95-__...__ RESOLUTION APPROVING THE LOCAL HOUSrNO ASSISTANCE PLAN FOR FISCAL YEARS 1995-1999, 1999-2000 AND 2000-2001 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES (SI[IT) PROGRAM; APPROVINO A MA)GMUM AWARD SCHEDULE; INCREASING ADMINISTRATIVE COSTS OF THE LOCAL HOUSING ASSISTANCE PLAN TO A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF COLrNTY COMMISSIONERS; APPROVING THE INTER- LOCAL AGREEMENT BET%VEEN COLLIER COUNTY AND THE CITY OF ,XAPLES: A;~D APPROVING THE EFFECTIVE DATES. 39 40 41 · ~Vi-~R~AS, the Florida State Legislature enacted the William E Sado~'ski Affordable Housing A~ on luly 7. I~2 (the "A~"). S~ion 420.~7. ~ ~-. Rod~ Sta~ ~pt~ 91-37. Ronda Admini~t~ C~e. ~ a ~mpreh~ ~ing package for ~ate and 1~1 h~sinS pro,ams to ~t~ ~ble I~ 8~s to ~ th&r res~nsibiliti~ ~or affordable housins in a~rdan~ ~th thor ~mpreh~si~ plans. ~d ~AS. pursuant to the Act. the State ~It ~te a ~nion of n~ a~ ~in8 d~m~ta~ ~amp t~x~ on d~s to I~ 8o~mints for d~'elopm~ and ~~ ~or~ble housins; and ~. t~ Bo~d of C~ C~o~ of Cofli~ C~. Ro~d~ ~ ~Hi~ ~nU ordin~ No.93-19 ~ ~i 13.1~3 ~blis~n8 the CoHi~ C~ ~ H~sin8 ~s[~ Pro~ ~ ~rdan~ ~th the ~; ~d ~S, t~ R~I~ 93-159, ~ ~ of C~ C~ssion~ APR 2 8 1998 ..... , ~,VI-~REAS. the Act requires in order to qu,,qfy for additiona] SHIP Funds, local governments must develop a new one to three year Local Housin$ Assistance Plan outlining the local 8overnments' use of SHIP Funds; and IATI:EREAS. the Act also requires the local government to adopt a maximum award schedule, an average cost per unit. and a maximum cost per unit for eligible housing, benefiting fi.om SHIP Awards. and W'r~REAS, the Act limits the administrative costs of the Local l-{ousing Assistance Pro,ram to five percent (5%) of the total SI-1~ allocation unless the Board of County Commissioners, by this resolution, increases the percentage to a maximum of 10 %; and ~,TI:EREAS, it is in the best interest of Collier County to qualify for the SHIP Funds. and alt action taker, b? the County in furtherance of such qualification is for a ~'alid 12 13 county purpose 14 NOW, TH~R~FOP~, be it resolved by the Board of County Commissioners of 15 Collier County, Florida, that: 16 1. The Board of County Commissioners hereby approves the Three Year Local 17 Housin8 Assistance Plan for fiscal years 1998-1999, 1999-2000 and 2000-2001. 18 2. T~e maximum award schedule for SH~ Funds under the Local Housing lg Assistance Program shall be S 15,000 per eligible housing unit. 20 3. The a,-erage cost per unit t'or ¢li~ble housing benefiting from sl-m> A~rds 21 shall be $65,000. 22 4 The maximum cost per unit for eligible housing benefiting from awards made 23 pursuant to the SHIP program shall not exceed S 118,264 for ecistin8 eli~'ble housln$ units 24 and S106,365 for newly constructed etig~'ble housing units. 25 5. The annual administration costs ofthe Locs~ Housing Assistance Program shall 26 be increased to a maximum of' 10% of the local SH]P allocation. 27 6. The Chairman of the Board of County Commissioners is authorized to 28 submit the Local Housing Assistance Plan, a ropy of wt~ich is att~ APR g 8 1998 1 2 3 part hereof, to the State of Florida Housing ~qnance Corporation for its re~tw and approval. 7, The Chairman of the Board or' County Commissioners is authorized to execute 4 the certifications annexed to the Housing Assistance Plan on behalt'ot'the County. 5 8. The Chairman of the Board or' County Com~s~oners hereby approves the 6 lntcr-Local Agreement between Collier County and the City of Naples. 7 9. This Re$olut{on shall take effect immcd~atclY upon its adoption. 8 This Resolution adopted aRc~ motion, second and majority vote favoring same. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DATED ATTEST: D'~'IGHT E. BROCI~, Clerk Appr?ved as to form/and, legal su~ciency Assistant County Attorney BOAR.{) OF COUNTY COk~flSSlO.~'ERS COLLIER COL,'NTY. ~LORIDA BY: BaFoara B. Berry, Chairman APR 2 8 1998 COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (SHIP PROGRAM) · Prepared for Collier County and the City of Naples · APR g 8 1998 SECTION I II III IV V VI VII VIII IX X SUBJECT PROGRAM DESCRIPTION General Information Proposed Use of S.H.I.P. Funds Public Input Plan Implementation Responsibilities LOCAL HOUSING PARTNERSHIPS Housing Partnerships HOUSING ANALYSIS SUMMARY Background Rental Housing Housing Units Substandard Housing Employment & Wages PROGRAM STRATEGIES AND SUPPORT Impact ~ee Relief Housing Rehabilitation Down payment/Closing Cost Assistance Land Acquisition/Transfer Demolition with New Construction Special Needs Housing Emergency Home Repair Expedited Permitting for Affordable Housing Plan Affordability Non-Discrimination Advertisement and Outreach Support Services Administration Three Year Budget TABLES HOUSING INCENTIVE STRATEGIES HOUSING DELIVERY GOALS CHART TIMELINE CERTIFICATION INTERLOCAL AGREEMENT r'A _. ES 1 1 1 2 3 5 5 : 6 7 7 8 9 10 11 12 13 14 15 16 16 16 16 17 19 20 APR 2 8 1998 GENERAL INFORMATION. Collier County, in conjunction with the City of Naples, is the requesting applicant for funding assistance under the State Housing Initiatives Partnership (S.H.I.P.) Program Collier County, a non-entitlement community, contains a population of approximately 203,112 (1997). Naples is a city of approximately 21,332 (1997), and has been a Community Development Block Grant entitlement city since 1986. The City of Naples' entitlement status qualifies the City to receive automatic funding assistance annually from the U.S. Department of Housing and Urban Development (H.U.D.). The Housing Assistance Plan (H.A.P.) is a three (3) year plan beginning with fiscal year 1998-99 and ending on June 30, 2001. Estimated resources available for the countywide program is $1,240,387 FY 1998-99, with $135,698 allocated to the City of Naples and $1,104,689 for unincorporated Collier County. These figures are based on the December 1998 S.H I.P. Program allocation report and are subject to additional funding by the State Legislature in the Spring of 1998. This Housing Assistance Plan sets forth the goals and strategies for increasing the supply of affordable housing throughout Collier County. This Plan meets the provisions of Chapter 67-37 of the Florida Administrative Code, State Housing Initiatives partnership Program. The City of Naples and Collier County has entered into an Interlocal Agreement providing the County with the authority for the Iocai administration of the S.H.I.P. program. Both communities view affordable housing as a community-wide problem with no jurisdictional boundaries. Housing assistance provided through this program benefits the entire community and not just the jurisdiction in which the housing activity Occurs. PROPOSED USE OF S.H.I.P. FUND_S Collier County, noted as one of the fastest growing communities in the United States, has a need for housing that is affordable for the lower income families in the area. This Local Housing Assistance Plan is designed to increase the availability of affordable · tilizin various strategies· The strategies available under this Plan h-°-US--~-cJ b-Y~,-~tanc: to very-low and Iow income fam,hes: Al! e!,g,.ble !am~,l_i_e,s:__w,l,l,,~e~ ~1,~ · * * ° * * * / prowuu .-, . · ...... ~,,, ,-,--icinatin~ in the one of the strategies tn ~ecuu~ ~,~ ,., able to receive aSSlStaH~-~ ~,y ~,~',' ~' ~ this Housing Assistance Plan. PUBLIC INPUT The Collier County Housing and Urban Improvement Department (H.U.I.) prepared this Plan with input from the public and the Affordable Housing Commission. Public input was solicited at the January 12 and February 16, 1998 Affordable Housing meetings regarding the S.H.I.P. Program. The meetings on the Housin. Plan were advertised in the local newspaper of general circulation. 1 PLAN IMPLEMENTATION RESPONslBIUTI~=s- The Collier County Housing and Urban Improvement Director and his designee will be responsible for the implementation of the strategies identified in this Housing Assistance Plan. When applicable, the H.U.I. Director will work with the various, local financial institutions in an effort to promulgate and implement the strategies which may require the applicant to secure a loan in order to qualify. Additionally, the H.U.I. Director will be soliciting other' county departments, the City of Naples, local builders and contractors, and other housing entities for assistance in the implementation of the strategies. The total cost for coordination and administration of these strategies will be funded by the S.H.I.P. funds and wiil not exceed 10% of the total allocation. 2 HOUSING PARTNERSHIP_ Collier County has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the S.H.I.P. program documents. Representatives of these groups are routinety invited to attend public meetings regarding the development of the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. A few o.f the existing groups who have been consulted are: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Collier County Banking Partnership. Salvation Army Transitional Living Center. Collier County Extension Service -- University of Florida. Affordable Housing Task Force. Habitat for Humanity. League of Women Voters. Alliance for the Mentally Ill. Collier United for Rights and Equality (CURE). Housing Committee - Chamber of CommercelEDC Coalition. Family and Consumer Sciences Advisory Committee. Community Housing Partnership of Collier County. Inc. Saint Matthew's House. Collier County Housing Authority. 14. Collier County Housing Finance Authority. The primary group providing assistance with the development and implementation of · ams is the Affordable Housing Commission· The the County's housIng..progr -; ..... ,,,~,- un of citizens represenbng lending. Commission ~s an aowsory co. ~,~,--, ,..,,..,,~,,,., d service organizations, ano institutions, developers, commun~ty-,.,ooeU ,,.,,,o,,,~ an providers of professional services relating to affordable housing· This group functions as the Local Housing partnership for Collier County and the City of Naples. The Commission holds monthly meetings that are open to the public. Responsibilities of the Commission include monitoring the City and County's Growth Management Plans. identifying opportunities to network and brainstorm for ideas and solutions to the affordable housing situation. Both City and County staff participate in monthly meetings to provide technical assistance. Other non-profit organizations and individuals are invited to render their advice and suggestions. Recent highlights for the promulgation of housing services within the area include: centl rovided a $60.000 deferred loan to the Community · Collier County has. r_..e .. Y--P --- ,-- ~,-- *~e rehabilitation of affordable h~_ · Partnership ot (jollier ~,ounty, ~-~...,~, ," resentation on affordable hou in 't . County and Y ....... ~,. r~.,,,,~, ~ment Counc, I of C;olher C°[; i~'gAj~l~ t~ej998 /- units,cit staff are preparing a p . Chamber of Commerce ano ecu.,.,,,,,,., ,-, .... .... · In fiscal year 1997, the Collier County Loan Consortium, Inc., in partnership with the Collier County Extension Service and County/City Government, approved 131 mortgage loans through the Home Loan Program valued at 9.89 million dollars. Allocations for fiscal year 1998 have increased to 11 million dollars. The Home Loan Program is designed to assist very-low, Iow and moderate income residents who are interested in purchasing a home in Collier County. Program benefits include: free home buyer education programs, no private mortgage insurance required, Iow market interest rates, fixed rate/fixed terms and just a 3% requirement for down payment. · The Collier County Extension Service, with support of Collier County government and the City of Naples, is interested in creating a newsletter to provide various information on housing, issues, home repair ideas, , financing, etc., to all S.H.I.P. legatees. The newsletter will be mailed quarterly to approximately 400 recipients. is 'leadin the way' in seeking membership in the National partners · Collier County. !.g . - ; shi is a public-private in Homeownershlp. Nation.a! Partner_s__~n...H°me.°wne~,.,sr~ Pnities in America The partnership formed in 1995 to increase homeownershlp opp,.,.,u . partnership consists of over sixty five national organizations representing real estate professionals, lenders, home builders, non-profit housing providers and federal, state and local governments. 4 APR 2 8 1998 BACKGROUND The Housing Analysis Summary has been included in this Local Housing Assistance Plan to identify the current housing situation in Collier County. An analysis of the local housing conditions for very-low, Iow and moderate income households housing can assist us in the identification of future needs within the County. Affordability is defined as, "a unit with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of thirty percent (30%) of an amount which represents fifty percent (50%) for very-low income, sixty percent (60%) for low income or eighty percent (80%) for moderate income of the median adjusted gross annual income." Utilizing the 1990 Census Income Data, as well as the 1998 median income data for Collier County, we are able to identify that a four (4) person family earning <~ $27,050 would be considered very-low income. A four (4) person family earning ~ S43.300 would be considered Iow income (see Table 1). The 1990 Census also reported on the affordability of housing by identifying the total number of households living in non-affordable housing units. Of the households earning less than 80% of the median income for Collier County, 10,705 households, or approximately 17% of the total occupied units, were reported as living in non-affordable housing. The need for affordable housing was classified for all areas of the County: CENSUS DESIGNATED AREAS East Naples Golden Gate Immokalee Lely Marco Island Naples, City of Naples Manor Naples Park North Naples Palm River VERY-LOW~ LOW, & MODERATE UNITS 1,089 1.231 1,161 291 598 1,249 299 728 1,178 213 RENTAL HOUSING There are 5,579 rental units within apartment complexes within the coastal urban area (see Table 2) and 1,192 rental units in the Immokalee area. These units were examined in an effort to determine their affordability for very-low, Iow income persons. The maximum rent limits allowable under the St~ Incentive Loan (S.A.I.L.) Program, the Low Income Housing Tax Cre. 5 ,nd ~ ~te Ap ~[r~h'i~ht'.,' Program and the Collier County Affordable Housing Density Bonus Ordinance were utilized, respectively, for this study. Of the 5,579 aforementioned apartments, 1,218 (21.8%) units ere affordable for the very-low income households. At the Iow income level, there are 2,589 (46.4%) apartment units identified as affordable housing. The number of units available to the very-low and Iow income households has improved significantly since these figures were last reported in the previous Housing Assistance Plan. Of the 5,052 apartment units recognized in the previous Housing Assistance Plan, there were only 435 (8.6%} affordable units for very-low income households. At the Iow income level, there were only 1,562 (30.9%} apartment units identified as "affordable." The Department of Housing & Urban development is presently updating the apartment inventory of the urban area. Updated 1998 information will be available in the fall. An increase of 1,515 apartment units will be evinced in the update. The number of affordable units for very-low and low income households will also be shown in the fall of 1998. Figures will show an increase in the percentage of affordable units for both very-low income and iow income. The median rent for rental units in Collier County in 1996 is $700 per month (see Table 3). The most common rental range was between $400 and $600 per month (39%), followed by S600 to $750 per month (25%). Tenure patterns in the County indicate that there are approximately 18,384 persons paying a monthly rent. On the other hand, there are 43,319 homeowners in the County (see Table 4). All units investigated meet the affordability criteria at 80% of income households There are limited incentives available for moderate income households ,.,~cle[ me S.A.I.L., L.I.H.T.C. or Collier County Impact Fee Waiver or Deferral Ordinances The 1990 Census provides us with an inventory of units and illustrates the occupancy status for those units. In Collier County, as much as 34.5% of the total units are vacant at one point in time during the year. Nearly 70% of those vacant units are reserved for seasonal residents. It is estimated that during peak season in the coastal urban areas, the seasonal population is approximately one-third greater than the permanent population. It is also estimated that the Immokalee Planning Community experiences an influx of approximately 12,000 people during the winter months which is an increase of nearly 90% of the permanent population POPULATION AREA 245,746 COASTAL URBAN 33,899 IMMOKALEE HOUSING UNITS_ in the year 2000, it is estimated that Collier County v.,ill have 156,97~ (see Table 5). Based on the 1990 Census and the high-range popula by the County, the number of housing units in the County was genera 6 APR 2 8 1998 the high-range population projections by person, per total dwelling unit figures from the 1990 Census. In 1995, the median value of all single-family homes in Collier County was $136,483. The majority of those homes (30%) were valued at $200,000 and higher (see Table 6). Household sales information can be found in Table 9. SUBSTANDARD HOUSING An important component of the housing market in Collier County which Affects the INability-status is the age of the structure. Repairs and rehabilitation costs rise as the age of the structure rises. 989 to March 1990 ......................... ! ................................................. ~.:..2.5.~ .................................... ................................................................... 19,980 985 to 1988 ............... ~ 21,127 1980 to 1984 ~.~ 1970 to 1979 ~ 30,099 .... ....... 9 i 10,760 ~U [O 1 ~O .................................................................................................................................... ":~ '~-C~'~--~'~I-~~~ ........................................... i 3,416 1940 tO 1949 727 ............ Prior to 1939 801 EMPLOYMENT AND WAGES The employment base in Collier County has increased over the years coinciding with the population growth. The majority of the work force is employed in the retail trade and service industries (see Table 7). The Florida Department of Labor reports that in 1996, the total labor force in Collier County was estimated at 81,500. The service industry has an employment of 24,392 and the retail trade industry employs 18,807. In 1996, Collier County's unemployment rate is 6.0%. A steady decline in the unemployment rate since 1992, when 9.4% of the people were unemployed, has made the County a more attractive place in which to locate a family and/or a business. Income rates vary throughout the County (see Table 8). In 1996, the majority of households earned $50,000 or less. Twenty eight percent of the households earned $25,000 or less, .while 36% earned between $25,000 and $50,000. 7 STRATEGY I: IMPACT FEE RELIEF DESCRIPTION: Homeownership; Impact Fees imposed on new construction of single family units for ;very-low and Iow income first time home buyers~ may be waived or deferred provided the applicant meets all the qualifications established in the Collier County Impact Fee Ordinances. The participant must occupy the home as his/her/their permanent place of residence. The maximum amount of S.H.I.P. dollars allotted per unit is $6,500. The assistance is in the form of both a waiver and/or a deferral, no recapture is required. The average amount of home ownership impact fee relief paid with S.H.I.P. dollars is estimated at $6,000 per unit. This strategy is an ongoing policy and is functioning as intended. ~ A first time home buyer is someone who hasn't owned a home as their principal place of residence in the past three years. 8 STRATEGY I1: HOUSING REHABILITATION DESCRIPTION: Homeownership Repair,: The Housing Rehabilitation Program is targeted for very-low income homeowners throughout the County. The program encourages the use of volunteers and skilled labor to completed the needed repairs in order to help minimize costs. All identified repair work will include improvements needed to correct housing code violations and/or deferred maintenance. Funds for homeowners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment upon sale of the property, loss of homestead or refinancing. The maximum amount of S.H.I.P. dollars loaned per unit will be $15,000. The average amount of homeowner rehabilitation paid with S.H.I.P. funds is estimated at $10,000 per residence. Rental Repair; Funds will be available to property cwners to correct housing code violations, provide handicap modifications and rehabilitate property. Funds will be available in the form of amortized loans for up to twenty (20) years, with an annual interest rate of five percent (5%). Property owners will be required to provide two dollars ($2.00) o~ private funds for every one dollar ($1.00) of S.H.I.P. funds contributed. Other funding sources, such as Community Development Block Grants (C.D.B.G.) may be sought to supplement this program. Landlords must rent their units to very-low and Iow income persons for a minimum of 15 years, or the duration of the loan, whichever is longer. Compliance will be monitored annually by the County. The maximum amount of S.H.I.P. dollars provided per unit will be $15,000 for homeownership and $5,000 for rental properties. The average amount of rental rehabilitation paid with S.H.I.P. funds is estimated at $3,500. State mandated maximum price per unit: The averaqe pr[ce per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 9 APR 2, 8 1998 STRATEGY III; DOWN PAYMENT/CLOSING COST ASSISTANCE DESCRIPTION.' Down payment/closing cost assistance will be available to very-low income first time home buyers in conjunction with rehabilitation or emergency repairs for any existing dwelling unit. Additionally, down payment/closing cost assistance will be available to very-low and low income homeowners participating in the Demolition or Land Acquisition/Transfer Programs. This is available for single family, villa, duplex and condominium units. A deferred payment loan of $2,500, with zero percent (0%) interest, will be provided to first-time home buyers for assistance with their down payment and/or closing costs. In addition, a deferred payment loan of $2,500 with zero percent (0%) interest will be provided for rehabilitation or emergency repairs for the qualifying unit. The combined deferred loans of $5,000 will be secured by a mortgage to be paid in full to the Affordable Housing Trust Fund when the dwelling unit is sold, a loss of homestead or refinancing. The terms of the loan are indeterminable. A deferred payment of $5,000 with zero percent (0%) interest will be plovided to homeowners participating in the Demolition or Land Acquisition/Transfer programs to assist with the costs of new construction. All recipients must declare the dwelling unit as their principal place of residence. State mandated maximum price per unit; $118,264 (Existing Units) S106,365(New Construction) The averaqe price per assisted unit: $65,000 10 APR 2 8 1998 STRATEGY IV; LAND ACQUISITION/TRANSFER WITH NEW CONSTRUCTION DESCRIPTION: Collier County has recently initiated a land acquisition/transfer program. The initial focus of the program is the acquisition of vacant land which can be developed for affordable home ownership opportunities. Some of the acquired properties will be obtained by the County through delinquent property taxes. The funds will be applied to the cost of clearing title and/or purchasing property and increasing the scope of the program. Acquired lots will be made available for purchase by very-low and iow income families and non-profit organizations. Those very-low and Iow income families who qualify for the program will be permitted to take advantage of either the Impact Fee Relief or Down payment Assistance opportunities. Commencement of construction for owner-occupied dwellings will be required within twelve (12) months of closing on any acquired parcel. The maximum amount of S.H.I.P. dollars provided per property shall be $5,000. No provisions are required for the recapture of the funds. State Mandated maximum price per unit; $106,365 The averaqe price per assisted unit: $65,00O 11 APR 2 8 1998 L.._..Po. STRATEGY V:, DEMOLITION WITH NEW CONSTRUCTION DESCRIPTION: Collier County, through the Housing Assistance Plan, has initiated a demolition program in conjunction with new construction. A deferred payment loan of $5,000 witl~ zero percent (0%) interest is provided to very-low and Iow income homeowners of substandard mobile homes or single family dwellings found not to be possible or cost effective for rehabilitation. The initial loan will be applied to the costs of demolition. The County is presently exploring the possibilities of donating selected substandard mobile homes to local scrap metal or recycling establishments in an effort to reduce the costs of demolition. In addition, participants qualifying for this program will be allowed to take advantage of either the Down payment Assistance or Impact Fee Relief opportunities. As a result, the participant may have an increased chance in securing a loan for new construction. State Mandated maximum price per unit: $106,365 The avera,qe price per assisted unit: $65,000 12 APR 2 8 1998 .,,o_ //~ STRATEGY VII,'. SPECIAL NEEDS HOUSING DESCRIPTION: Down payment assistance will be awarded to not-for-profit organizations serwng special needs clients for the purchase of homes, apartments and/or land. The not-;or- profit organizations will be selected on a first come-first serve basis. The assistance will be in the form of an interest free deferred loan. The non-profit organization must rent the units and/or make them available to very-low. Iow income and special needs residents for a minimum of fifteen (15) years. Compliance will be monitored annually by the County. All strategies of the Housing Assistance Plan are available to those persons with special needs. For example, special needs individuals may participate in the Rehabilitation and Emergency Home Repair programs in an effort to make housing modifications such as handicap ramps, grab bars, guard rails or other necessary additions and/or repairs. Individuals are accepted on a first come-first serve basts The maximum amount of S.H.I.P. dollars provided per unit will be $3,000. 13 APR 2 8 1998 ~STRATEGY Viii.'_ EMERGENCY HOME REPAIR DESCRIPTION'. Collier County will initiate a program geared toward emergency home repair. The Emergency Home Repair Program targets very-low and Iow income' home owners who will be accepted on a first come-first serve basis. Priorities will be given to elderly and handicapped home owners whose homes need repairs to correct life threatening, health and/or safety defects and energy efficiency. Corrections will also be made in order to alleviate exposure to natural environmental elements. Funds for home owners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment in full upon the sale of the property, loss of homestead or refinancing. No provisions are required for the recapture of the funds. Terms of the loan are indeterminable. The maximum amount of S.H.I.P. funds to be loaned per unit will be $5,000. Funds shall be utilized to pay the cost of actUal emergency repairs and other associated expenses necessary to assuage the urgent housing repair needs. State Mandated maximum price per exlstin.~ unit; $118,264 The averaqe price per assisted unit.[ $65,000 '14 1998 STRATEGY IX:, EXPEDITED PERMIT PROCESSING FOR AFFORDABLE HOUSING DESCRIPTION: Collier County has contrived an incentive to builders, developers, etc., for the creation of affordable housing. The Housing Element of the Collier County Growth Management Plan states that the number of affordable housing units shall, be increased to meet the housing needs for all residents of the County. in an effort to promulgate affordable housing, Collier County Ordinance Number 89-39 was adopted on July 18, 1989 by the Collier County Board of County Commissioners. Guidelines were established to provide for the expeditious processing of development orders and permits which specifically address the housing needs of very-low, Iow and moderate income persons. The process of expedited permit processing for affordable is ongoing and functioning as intended. 15 PLAN AFFORDAelLIT~, All strategies relating to home ownership will comply with the income limits adjusted for family-size, established by the Florida Housing Finance Corporation. The monthly mortgage payments, including allowance for taxes and insurance, meet the affordability criteria (housing costs should be approximately thirty percent (30%) of the households gross monthly income). The rental units receiving assistance under this Plan will comply with the rental rates of units adjusted to bedroom size, established by the Florida Housing Finance Corporation. N ON-DISCRIMINATION Discrimination is strictly forbidden on the basis of race, religion, creed, color, age, sex. familial status, marital status, handicap or national origi~'~ in the use of S.H.I.P dollars PLAN ADVERTISEMENT AND OUTREACH. The Department of Housing and Urban Improvement will advertise the availability of the Housing Assistance Program at least thirty (30) days prior to the beginning of the application period. The Department will publicize the S.H.I.P. Prugram via newspapers, public service announcements, lenders, realtors and various neighborhood organizations. SUPPORT SERVICES,. The County and the City provide information to all participants of the Local Housing Assistance Programs regarding other existing community services that may be able to provide additional assistance. These supportive services can include home owner maintenance, money management services, transportation assistance, etc. Job training opportunities are also available through the Collier County Cooperative Extension Service. Some of the support services available to S.H.I.P. recipients in Collier County include: 2. 3. 4. 5. 6. 7. 8. 9. Job Training Partnership Act/Workforce Council of Southwest Florida Meals on Wheels Help on Wheels Good Wheels The Collier County Division of Social Services Better Living for Seniors The Collier County Council on Aging Tri-County Nutritional Program Tri-County Senior Services (Our Place Senior Center) 16 10. 11. 12. 13. 14. Senior Friendship Center-Health Services Senior Community Service Employment Program Consumer Credit Counseling Service Paint Your Heart Out Naples Collier County Extension Service ADMINISTRATIVE EXPENSES. The administrative responsibilities for the S.H.I.P. Program are to be completed by the Collier County Department of Housing and Urban Improvement. Ten percent (10%) of the total S.H.I.P. funds that will be used for the administration of the program. The resolution stating the percentage adjustment is attached to this Plan. The funds will be used for employee salaries, office expenses and any other expenses required to facilitate the implementation the strategies indicated within this Plan. In addition, some of the funds will be used to produce a questionnaire-type survey that will be targeted at the local builders and developers in an effort to provide the citizens of the county with a list of single-family units priced between the $50,000 to $80,000 range. The information collected from this survey will be included in a brochure and made available to potential very-low and Iow income first time home buyers and a~' other interested parties. 17 ADMINISTRATIVE COST BREAKDOWN, Figures are listed as percentages .::~,,~C~TI~r~,~.~:~I :~:.:.,,..~.~,~.998/.,~999~ I~?~:~1999/2000~=~. ?~;~';~::~2000/2001 1. Staff Salaries 54 54 54 2. Other StafP 16 16 16 3. Office Supplies 17 17 17 & Equipment 4. Advertising & 8 8 8 Copying 5. Miscellaneous' 5 5 5 TOTAL 100% 100% 100% Other staff includes Social Security, regular retirement, health & life insurance, etc. Miscellaneous may include encumbrances for studies, surveys, travel, etc. 18 APR 2 8 1998 PI)...~ _ 0 APR ~ 8 1998 SECTION V TABLES APR 2 8 1998 I ,'=. ,,,27 _ APR 2 8 199p. e:._jJ ~ i iii I I IIII IIIIII IIIIII c~ 0 0 APR 2 8 1998 ITl Z C:: I'rl ;;0 Z APR ~, 8 1998 ,,. . ~/~ TABLE 5 HOUSING UNIT PROJECTIONS AREA I ~SSS I 2000 I 2005 I 2010 Unincorporated Total 104~325 139,889 179,910 224,515 City of Naples 16,124 16,874 17~624 18,374 Everglades City I 206 212 2171 223 County Total ~ 120,655 i 156,9751, 197,751 243,112 29 APR 2 8 1998 Retail Trade Wholesale Trade Agriculture Serwce Industry Construction Government Manufacturing Financial Services ITl APR 2 8 1998 APR281998 [. .o.. ~/o _j SECTION V! HOUSING INCENTIVE STI:~TEGIES APR 2 8 1998 OI~IN~¢E NUMBER 94-3! -. HOUSlN~ INITIATIVE P~~H~P [SHIP] PROG~ ~ P~VIDIN~ FOR TI~ ~O CITATIOn, PROVIOINa ~%~---'~J~ FOR ~TION ~O ~O~ION OF THE ~ .~ ~ FFO~AB= HOUSING INC~TIVE P~ AS REQUI=D -a~ ~HIP] P~; PROVIDING FOR DEC~TION OF ~~, =he Board of County Co~issioners of Collier County, Florida, enacted Collier County Ordinance No. 93-19 on April 13, 1993, as amended by Collier County Ordinance No. 93-33 on June 22, 1993, establishing the Collier County Housing Partnership Program; and WHEREAS, the Ordinances were forwarded :o :he Florida Department of Community Affairs for approval; and ~rHEREAS, :he Departnent of Community Affairs has approved the Collier :County Local ~ouslng Ass:s:amce ?lam amd :he Coun:y's participation in :he State Mous!-,j initlatlve ?ar:nership [SHIP] Progran; and ~H£REAS, the William E. Sadowski Affordable Housing Act enacted on July 7, 1992, Sec:ion 420.907, et. seq., Florida Statutes, Chapter 91-37, Florida Administrative Code, as amended, requires each County or eligible municipality participating in the State Housing Init!a:ive Par:nersh:p :SMZP] Program to adopt an Affordable Housing Incentive Plan ~i:hin twelve months after the date of :he adoption of :he Or~£nance establishing the Local Housing Assistance Program; and WHEREAS, :he Affordable Housing AdVisory Commi:tee held a public hearing on April 14, 1994 and adopted the final Affordable Housing Incentive Plan for recommendation to :he Collier County' Board of County Commissioners; and I WHEREAS, immediate enactment of this Ordinance pursuant to Sec:ion 125.66(3), Florida Statutes, is necessary to meet the deadline of June 21, 1994 set by the Department of Community Affairs; and - I - APR 8 1998 Po. o x)~J . · WHEREAS, the County risks losing the SHIP funds if £mmediate enactment is not completed. NOW, THEREFORE, be it ordained by the Board of County Co~issioners of Collier County, Florida :hat: SECTION I: Title and Citation This Ordinance shall be known and cited as the .Collier County SHI~ Affordable Housing Incentive Plan". SECTION. II: Adoption of Housing Incentive Plan The Housing Incentive Plan is hereby created and adopted. A copy of said plan is annexed to :his Grdinance and adopted by reference and made a par= of this Ordinance. All recommendations ~rovided in the Housing Incentive Plan are subject =o adoption by the Board of County Commissioners by Resolution or Ordinance / after appropria:e public hearings, prior to implementation. SECTION III: Conflict and Severability In the event this ordinance conflicts with any other ordinance of Collier County, the norm res:rictive shall apply. if'any phrase or portion of this ordinance, or :ha par:itu!ar application thereof,, shall be held invalid or unconstitutional by any court, adminis:ra:ive agency or ocher body wl=h appropria:e Jurl~diction, the remaining sec:ion, subset:ion, sentences, ~lauses, or phrases and their applioa:ion shall not be affected :hereby. SECTION IV: Declaration of Emergency The Board of Coun:y Commissioners does hereby declare that an emergency exists and that immediace emac:men: of =his Ordinance is necessary, and the Board of County Com.~issioners, by no less =ham four-fifths (4/5:hs} vote of the membership of the Board of County Commissioners of Collier county, Florida, does hereby waive notice of in%em= to consider =he Ordinance. SECTION V: Effective Date A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board of County Commissioners of Collier County, Florida, with t~e Department of State of the - 2 - APR 2 8 1998 $~&~e o~ ~o~lde~ as soon &~e~ en&c~ma~t as ~s prac~c&b~e by deposit~ng the sa~e vith the postal authorities of the government of '~he 'Un,ted States for special delivery by registered nail, postage prepaid, ~o the Florida Department of State. This Ordinance shall become effective as provided in Section 125.66(3), F~orida Statutes. PASSED AND DULY ADOPTED by the Board of ~ount¥ Commissioners of Co11Ler County, Flor£da this 14ch . day of _ 1994 · . ...' :,,~..,~.¢/ ~£si: '9'".'~. · D~IGHT '£.:'B~O~K, CLERK '~'7 :':~~~ ~ Approved as =o fo~ and legal sufficiency: Assis=an= Coun=y eO~~~OrCCco.~]£R CO~,~ CO"~ZSSZ~.Z-C~:D~ Oa£RS - 3 - APR g 8 1998 INCENTIVE PLAN RECOMMENDATION WORKSHEET I. Name of Local Entity: ¢911ier Countv II. Incentive Under Consideration:_ fl The affordable housing d~finition in the appointing resolution. III. current Status: The local government currently does not have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: It is important to have a standard definition of what affordable housing is in order to develop programs that will target very low, low, and moderate income families. SH~ funds in Co!l~er County may be used to provide housing for very low and low income families. At least 30 percent of the units assisted with SHIP funds must be for very low income families and an additional 70 percent must be for low income families. Under the present definition, affordable housing is a unit with a monthly ren~ or monthly mortgage payment, including property taxes and insurance, not in excess of 30 percent of an amount which represents 50 · percent (for very low income), 80 percent (for low income), or 120 percent (for moderate income) of the median adjusted gross annual income for households in the ccunty. v. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive: 6dvantaqgs: The Affordable Housing.. provisions of the Impact Fee Ordinance defines affordability In an identical manner as the Housing element of the Comprehensive Plan, which is defined as housing where the occupant is paying no more than 30 percent of income for gross housing costs, including, for owner-occupied units, principal, interest, taxes and insurance, .mnd for renter-occupied units, rent plus utilities. The u6e of 30 percent to define affordable is especially useful in ~in%~i~ing consistency with the private lending industry% The typical underwriting limit used in the private sector for housing costs is usually less than 30 percent of income. The implementation of Collier County's down payment, closing cost and impact fee waiver and deferral programs are greatly facilitated by this definition as the programs function as a public-private partnership. Pisadvantaces: Not Applicable. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. penefits:. The definition allows participants in the program to retain a significant portion of their income for other expenses such as medical treatment, child care, food and transportation. Negligible Effects: None Known. APR281998 I Housing Incentive Plan VIIo Housing Cost Reduction Anticipated Recommendation: None. VIIIo Recommendation of Advisory Committee: effect. IX. Recommended Schedule for Implementatlon~ from Implementing this Definition already in Already in effect. $igne4 :~ Date: Chair~erson, Advisory Com~ittee APR 2 8 1998 iNCENTiVE PLAN RECOMMENDATION WORKSHEET Name of Local Entity: Collier County II. Incentive Under Consideration: #2 The Expedited PFocessing o~ Permits for Affordable Housing projects III. Current status: this incentive. The local government does have a program for IV. Explanation of Existing Regulations Regarding This Incentive: Collier County has adopted expedited processing procedures to speed the rezone and approval and permitting~of developments for affordable housing in Ordinance No. 89-39 adopted July 18, 1989. The affordable housing committee has held discussions with representatives of each of the County development services departments involving additional expedited processing regulations. Explanations of Advantages/Disadvantages of Changing or Adopting of This Incentive. Advantages: Any reduction in time it takes to process a permit for an affordable housing project, whether it is for a single home or several hundred units result in reduction in the selling price of the home. waiting for permits, resubmitting rejec:ed applications and coordinating with multiple regulatory agencies is time consuming. This translates ~nto dollars when considering that during this period the land payments and interest are accruing and personnel must be paid to process the permits. Each additional $1,000 in cost resulting from permitting delays will add $2,768 to the cost of the home over the lifetim~ of the mortgage. (Thirty Years A.P.R. 8 1/2%) , ~- Disadvantages: If affordable housing projects are f~rther expedited in the permitting process, it is likely that non-affordable developments may take longer to process. vi. Provide an Explanation to as to the Negligible Effect or Benefit to the Public Health, Safety or Welfare. Demerits: Any reduction in the cost of housing makes more housing available to more people, especially those with lower incomes. VII. Housing Cost Reduction Anticipated From Implementing This Reco~unendation: $2,768 and up depending on how much additional time can be reduced from the permitting processing time. APR 2 8 1998 Housing Incentive Plan #2 VIII. Recommendation of Advisory Committee: If applying for an affordable housing density bonus which does not involve a rezone, go directly to the Board of County Commissioners for review and approval without requiring public hearing by the Collier County Planning Commission. If rezone is required for affordable housing, set aside two slots at every planning commission meeting for affordable housing issues receiving priority treatment. Decrease the amount of processing fees for rezone applications. Also, decrease fees for site development plan~. If rezoning PUD for affordable housing, amend section 2.2.20.2.4~ of the Land Development Code regarding minimum area required; 10 acres - if affordable housing, no minimum area required. Decrease landscaping requirements and parking requirements for affordable housing projects. Minimize stipulations for approval regarding roadways, traffic lights and other developmental stipulations for affordable housing developments. Develop a model set of PUD plans that are sealed and approved to ~rovide to interested developers of affordable housing developments. IX. Recommended Schedule for Implement~t/on: Ongoing. Chairp/r%on,Advisory Committee. INCENTIVE PLAN RECOMMENDATION WORKSHEET I. Name of Local Entity: Collier County II. Incentive Under Consideration: f3 Modifications of Impact Fee ~equirements III · Current Status: The local government does have a program for this incentive. IV. Explanation of Existing Regulations Regarding This Incentive: Ve Impact fees for affordable housing are waived or deferred under impact fee ordinances. All impact fees are-~aived for very low income first time home buyers, 50% are waived and 50% are deferred for low income first time home buyers, add moderate. income first time home buyers can receive a 25% deferral of their impact fees. Impact fees for rental housing are deferred for either a six or fifteen year period with various deferral options depending on the percent of very low income and low income tenants. There are repayment requirements and deferrals must be repaid either in six or fifteen years depending on the options selected by the developer. Rental projects must be maintained as affordable housing for a minimum of fifteen years under these programs. Explanation of Advantages/Disadvantages of Changing or Adopting This incentive. VI. Advantages: Currently, iF. pact fee~,for a single family dwelling unit are between $4,300 - $6,300 depending on where the unit is located within the county. Multi-family impact fees are between $2,300 - $4,300 per unit depending on the the location cf the unit within the County. These fees are a substantial proportion of the cost of affordable dwelling units, and any red~c~ion of these fees increases the economic feasibility of pro'~ldlng affordable housing. ' Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety or welfare. Bene$its: A reduction in impact fees will increase the availabillty of newly constructed housing for very low, low, and moderate income families. Neqlicib_~_e Effects: Ncne Known. VII. Housing Cost Reduction Recommendation: Anticipated From Implementing This Up to $6,300 per unit is realized from infrastructure impact fee relief. Additional affordable housing could be built with additional impact fee waivers and deferrals. APR 2 8 998 Housing Incentive Plan VIII. Recommendation of Advisory Committee: Collier County should increase the amount budgeted to reimburse the impact fee funds for fifteen year deferrals for affordable housing projects. IX. Recommended Schedule for Implementation: Define funding source and budget funds for granting flfteen year impact fee deferrals for affordable housing for very ].ow and !ow income families, by December 1994. Signed:~ Committee Date: UAPR 2 8 ]998 INCENTIVE PLAN RECOMMENDATION WORKSHEET III · IV. VI. Name of Local Entity: Collier County Incentive Under Considerati°n: ~4 The Allowance of ~ncreased Density Levels. Current Status: The local government does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an affordable housing density program as a portion of the Land Development Code. This program provides increased density for housing that is affordable to yery lcw, low and moderate income families. This program has been used for the development of both rental and ownership affordable housing with increased density levels. Explanations of Advantages/Disadvantages of Changing or Adopting This Incentive. Advantages: The affordable housing density bonus program does not need to be amended. The incentives are very good and the procedures are not difficul~ to use. DisadvantaqesL Not Applicable. Provide and Explanation as to the Negligible Effect or Benefi% to the Public Health, Safety or Welfa~ew ~ The affordable housing density program allows for additional units which increases the supply of safe, decent affordable housing for very low, low or moderate income families. Continued marketing of the program should make it more used in the future. VII · Neqliqible Effects: None. Housing Cost Reduction Anticipated From Implementing This Reconzmendation: A value of approximately $4,000 - $8,000 per unit is saved as calculated by the cash contribution factor of the affordable housing density bonus program. The market value of the affordable housing density bonus allows reduced rents or reduced land costs for home ownership uni%s. APR 2 8 1998 PR. S~:~ '_~ Mousing Incentive Plan #4 VIII. Recommendation of Affordable Housing Committee: Continue to aggressively market the affordable densicy ~onus program. IX. Recommended Schedule for Implementation: Ongoing. signed:~ . Chair~erson, Advisory Commlttee APR 2 8 1998 INCENTIVE PLAR RECOMMENDATION WORKSHEET I. Name of Local Entity: Collier County II. Incentive Under Consideration: ~5 The Reservation o~ Infrastructure Capacity for Housinq for Very Low and Bow income persons. III. current status: this incentive. The local government does not have a prograr, for IV. Explanation of Existing Regulation Regarding This Incentive: Collier County, as well as other Florida communities, is subject to the provisions of the Growth Management Ac~~ (Florida Statutes, Chapter 163, Part II) which requires that public facilities and. services, i.e. "infrastructure" be in place "concurrent" with development. The result of this requirement is that all new development must be located where existing services are available or where there are funds readily available to pre.vide these services. In Cc!!ier County, a final development'order cannot be issued for any develcpment unless ti~e followir~ facilities are available in a capacity sufficienu to service the future development. * Roads * Drainage * Parks * Water * Sewer * Solid Waste The Collier County Comprehensive Plan, provides the desire~ level of service for these facilities that must be present in crder for development to occur in any given area. For every development order application (including single family permits), ah anai~'sis is made as to whether these facilities are available for uhe new development. The availability of these services, both ~ow. and in the future, is dependent on the Capital Improvements Program, which is a funding plan based upon anticipated revenues and the estimated costs to provide the services at the desired level of service. The types of Infrastructure that are of primary concern for affordable housing is that of potable water and sanitary se~er. These forms cf infrastructure are provided by governmen~-c~ned and private uni!~v, le~. The capacity of these uti!i%ies is closely mon~tc~ed by the county through the i~suance cf development crders. APR 8 1998 Housing Incentive Plan #5 Infrastructure is provided upon demand through density levels. It is the connection fees that is a major cost to any type of development. Due to bond convenants, it is not possible to waive or discount connection fees to any type of development, such as affordable housing. It would be possible to consider amending existing bond convenants, or to provide that future bond convenants allow for a deferred connection payment or a discounted connection fee for affordable housing projects. In a deferred situation, the developer would be required to pay the fees at the time of certificate of occupancy rather that plat approval for affordable hcusing. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive. ~ Advantaqes: A deferral or reduction in the payment for infrastructure connection would result in varied savings depending on the time of deferral and construction permitting. Disadvantaqes: There would be a minimal impact capitalization cf infrastructure project funding. on the VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: Any cost saving in the provision of affordable housing should result in a reduction of the sale price of homes, which would benefit very low, low and moderate income families. Negliqible Effects: None known. VII. Housing Cost Reduction Anticipated from Implementing. this Recommendation: Variable depending on time of deferral or discount amount. VIII. Recommendation of Advisory Committee: Consider amending existing bond convenants to al!o'.,' for deferrals and discounts in the payment of sewer and water utility connection fees. Consider allowing for deferrals and discounts for affordable housing projects in future bond convenants and for infrastructure connection fees that are not governed by bond convenants (if applicable). IX. Recommended Schedule for Implementation: Consider legal implications of amending existing bond ccnvenants by December 1994. Chairp/rson,- Advisory' Committee APR 2 8 1998 ,,,. ,55 . INCENTIVE PLAN III. IV. Name of Local Entity: Collier County Incentive Under Consideration:_ #6 Traps~er O~ development riohts as a financing mechanism for hQgsinq for very low incQme and low ~ncome persons. current status: The local government currently does not have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: V® VI. None. ~ Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive: Advantage: The Transfer of Development Rights ("TDR") concept is based on the premise that development rights may be separated from the total "bundle" of property ownership rights of a parcel and traded within the limits of the governmental jurisdiction. The environmentally-sensitive, or other public interest area, from where the development rights may be severed and sold, is called the "sending zone" The associated area where property owners .nay p~rc?~ase the separated rights and use them to increase density on their land is the "receiving zone" The parcel owners in the sending area receive monetary value for the rights sold and their parcels are restricted to commercial, or agricultural use in perpetuity. , Specifically, the requirement to provide funds for affordable housing could be imposed upon the sender, or receiver of TDR, or both. The magnitude of the contribution could either be. a. fixed amount per TDR unit, or a sliding scale which would man~'fest the concept of a volume discount. In many ways, this mechahism wcfuld be analogous to the linkage concept utilized to generate affordable housing funds from the developers of Qom~ercial projects. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. VII. None. Housing Cost Reduction Anticipated From Implementing This Recommendation: Variable depending on density invoicing allowed. APR 2 8 1998 Pg...-~_.~ Affordable Housing Incentive #6 For example, let us assume that the Affordable Housing Contribution ("AHC") would be a flat fee per TDR unit. Consequently, anyone desiring to increase the density on a particular parcel would have to pay: 1. the owner of the sending property whatever compensation he, or she deemed appropriate; and 2. an AHC to Collier County in the amount equal to the per unit fee times the number of additional TDR unit~ actually approved on the receiving property. In practical sense, such an approach wo~d likely lead to transfers occurring primarily from the eastern portion of Collier County to the coastal areas. It would, therefore, seem logical. that some limit would be required on the TDR, either on the basis of: 1. the establishment of a maximum number of development rights, specifically equal to or greater than, that which could be transferred to any particular property; or 2. a limit on the TDR to certain geographic areas within ten (10) miles; and/or 3. an annual limit for all of Collier County. VIII. Recommendation of Advisory committee: The TDR concept is just one more planning tool. As such, it could be very effective in prctecting open space, agricultural lands and/or environmentally sensitive properties. However, without proper controls, this tool could create an imbalDnce of development in the coastal areas of Collier County. W~ believe that a well thought out TDR ordinance could serve~ the .~al purpose o~ saving sensitive development parcels, while' also serving as a source of funding for affordable housing. XI. Recommended Schedule for Implementation: Consider developing program by December 1994. chairperson, Advisory'CoMmittee APR 1998 III. IV. VI. Name of Local Entity: Collier County Incentive Under Consideration: ~7 Reduction of parkin, o and setback requirements. Current status: The local government currently does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has reduced parking and setback on low and affordable housing on an individual project basis. Explanation of Advantages/Disadvantages of Changing or Adopting. this Incentive: Advantaqes: Not all projects are reviewed as Planned Developments. It is reccmmended that the Land Development Code be amended to allow for administrative approval of parking and setback relief for all affordable housing projects. Disadvantaqes: There are some affordable housing projects that do not fit the mold of most developments - such as elderly housing. Projects for the elderly must either provide excessive amounts of parking or undergo a variance procedure that may or may ncr allow a reducticn. Building the parking or undergoing the variance procedure adds both time and money to the cost of t-he project. These costs mus~ be borne by the development which must then increase %he cost of the units to the recipients. . Provide an Explanation as to the Negligible Effect or Be~it to Public Health, Safety, or Welfare. " Benefits: The relief of parking and setback require~en=s can reduce costs of housing and therefore increase the number of available units and lower the final cost of the housing =o the occupant. VII. Neqliqible Effects.[ None Known. Housing Cost Reduction Anticipated Recommendation: This depends on the size of the project. From Implementing This APR 2 8 1998 Affordable Housing Incentive #7 VIII. Recommendation of Advisory Committee: After reviewing the handout regarding the reduction of parking and setbacks requirements and the Collier County Land Development Code, we submit the following recommendations: 1. Allow for elimination of stripping of general parking areas over five spaces or skip spacing .(one line for every two spaces). 2. Increase compact car spaces from 25% to 35%. More and more people are driving smaller autos. The auto industry is gearing itself for additional compact~D~roduction. Parking should be reflective of this change. 3. Allow for "Multiple Parking Areas" or common lots. 4. Promote the shared parking concept where applicable. 5. Maintain 1.5 parking spaces per unit for multi-family. 6. Allow secondary parking areas to be constructed of a limerock base and surfaced with mulch. This acts as a porous base that assists in drainage and is less costly/expensive to install and maintain. 7. Allow administrative parking variances especially for Senior Establishments. 8. Promote the use of one way streets to reduce paving areas. xI. 9. Reduce right of way widths. oo 10. Rear and side setbacks of the project should be r~uced in cases where the project abuts a similar project. ' '° 11. Encourage parallel parking in areas along roadways.. Recommended Schedule for Implementation: chairper/on, Advis%ry Committee APR Z 8 1998 DOCUMENT MISSING ITEM # 16A2 Page 60 DOCUMENT MISS1NG ITEM # 16A2 Page 61 INCENTIVE PLAN RECOMMENDATION WORKSHEET me III · IV. Ve Name of Local Entity: Collier County Incentive Under Consideration: #10 The estab~shment o~ a process by which a local qov~¥DmeD% ¢onsi~eFS. before adoption. Policies. D¥ocedures, o¥~Dan~es, yequlations, or plan provisions that have a siqnificant ~mpact on the ~Qs% Q~ housing. current status: The local government currently does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an executive summary and fiscal impact statement (ESFIS). The intent of the ESFIS is to provide more information for the board and affected citizens with regard to the purpose, need and costs of proposed resolutions and ordinances of a regulatory na=ure. Under the ESFIS, a consisten% format is used that requires the first four sections of the ESFIS ke completed and approved by the County Commission, pzior ~o the staff drafting any new regulations relating to the Comprehensive ~lan and Land Development Code. This pre-review process is aimed at correcting instances where staff uses a great deal of resources in developing proposed regulations, when there is a · lack of firm Board direction and consensus as to the need for the proposed regulation. The first four sections of the ESFIS that are required prior to the county directing staff to draft new regulations, does not include information that pertains to the fiscal impac=s that the proposed regulations will have on the cost of housing. Fiscal Impact is dealt with in section 5 of the ESFIS. In the pas= this has resulted in much staff time needlessly expended on ~unpopular proposed housing regulations. , ~o Explanation of Advantages/Disadvantages of Changing and Ad~pting this Incentive. ' . ' Advantages: The current process established accomplish its objective. (ESFIS) should Disadvantaqe: The primary fiscal objective of the ESFiS is to determine the fiscal impact on County resources. For the ESF!S to function under the intent of the SHIP program, those policies procedures, ordinances and regulations that have a significant impact on the cost of housing, need to be considered in the initial four sections of the ESFIS. APR :)8 1998 Housing Incentive Program #10 VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, of Welfare. None. VII · Housing Cost Reduction Recommendation: Varies reduced by this process. Anticipated from Implementing this depending on how regulations can be VIII. Recommendation of Advisory Committee: The current ESFIS should be amended as follows: 1. What new or changed conditions c~e~ae IX. the need for. implementing this regulation at this time? 2. Does the proposed regulation duplicate, parallel or expand upon any existing local, regional, state or federal regulation? 3. Does the pruposed regulation significantly affect the c~s% of housing. 4. The Housinq and Urban Improvement Department will b9 responsible for receivinq, before adoption, procedures, ordinances, requlations, or plan provisions to determine if there may be a siqnificant impact on the cost housinq and submit findinqs tO %be Board of count~ commissioners. Recommended Schedule for Implementation: Signed: Chairperson, Advisory Committee Date: APR 2 8 1998 INCENTIVE PLAN RECOMMENDATION WORKSHEET III · IV. Name of Local Entity: Collier County Incentive Under Consideration: ~1~ Preparation of a ~r~n~ed ~nventory of Loc$%ly Owned ~ublic' Lands Suitable for Affordable HousinG. Current Status: The local Government currently does not have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Ve VI. None. '-~ Explanation of Advantages/Disadvantages of Changing or Adopting' this Incentive: AdvantaGes: An inventory of parcel~ suitable for affordable housing will be classified, maintained and managed. It will return non-revenue generating and non-tax producing properties to a profitable status. It will also stimulate the economy with the production of jobs and help assist the County in providing affordable housing. DisadvantaGes: If a land bank is to rely on tax delinquent properties, the maximum processing time can take two - five years. Cost in conveying property coupled with quiet title action must be funded. Tax deed sales are unable to give interested parties complete contrO'l, over the conveyance process due to open bidding at tax sales. Provide an Explanation as to the..Negligible Effect or Benefit to Public Health, Safety, or Welfare. ;- °' Benefits: Adequate sites for affordable housing wi)i increase the supply of housing available for very low, low, and moderate income families. VII. Neqliqible Effects: Not Known. Housing Cost Reduction Anticipated from Implementing Recommendation: $3,000 - $10,000 per unit. Land costs reductions from low cost acquisition or donation. this VIII. Recommendation of Advisory Committee: 1. Start a land bank program for suitable affordable hcusing properties. 2. Provide preapproved house plans and other permits ~c home owners and single family builders who will produce housing affordable for very low, low or moderate home buyers. APR 2 8 998 Housing Incentive Program #11 IX. Recommended Schedule for Imglementation= Develo9 land banks suitable for affordable housing by December 1994. Chair~rson, AdviSory Committee APR 2 8 1998 SECTION VII I HOUSING DELIVERY GOALS CHART APR 2 8 1998 II 0 0 0 SECTION VIII TIMELINE APR :e 8 1998 -..-~" ~~ ! I 1998 SECTION IX CERTIFICATION APR 2 8 1998 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Goverr:nem: COLLI£R County/City (1) The local government will advertise the availability of SHIP .funds pursuant to Florida Statutes. (2) All SHIP fxmds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or origin. national (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or count?' has developed a qualification system for applications for awards. (5) Recipien:s of funds .`,.'ill be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local goven,..ment {or interlocal entity) ,,,,'ill be unable to comply ,.,.'it!: the provisions the plan. (7) The Local Housi:: Assistance Nan shall provide for ,l.e expendS,, '" ofSHIF' :::nds ~.`i~hin months follow,n,=, the end of the State i;.sca! ~ e'.:r in wi:ich :hey' are received. (g) The plan conforms to the Local Gover::mem Comprehensive Plan. or that an :,mendmen: .:o the" Local Government Comprei~ensive PiN will be initiated at the next available opportunity to insure conformance with the Local Housing Assist~ce Plan. (9) ..-Mmendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days afl`er adoption. ti 01 The trust fund shall be es:ablished ,,vid: a qualified depositor.,,, for all SHIP fun:is as well as moneys generated fro::: ac::~ :tScs such as int~'r:s: earn. ed on loans. .Amounts on deposi: in thc local hous:ng assistance trust fund shall be invested as perm. meal b.~ (12) The local housing assistance trust fund shall be separately stated as a special r=venue fund in the local governments audited financial statements, copies of the audits will be forv,'arded to the Corporation as soon as available. ~_ (13) An interlocal entity shall have its local housing assistance trust fund separat, state fiscal year. and :he a,-.,~it forwarded to :~..,~ Corporation as soon as possible. Page 2 Certification (14) (15) (16) (17) SHIP funds will not be pledged for debt sen, ice on bonds or as rent subsidies. Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with ti~e income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. Loans shall be provided for periods not exceeding 30 ye:,rs, except for deferred payment loans' or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least a~'~ually for 15 years for compliance with tenon~. income requirements and afford~bility requirements. Witness ChiefElected Official \\,'imess Barbara B. Berry, Chairperson Type Name ~ld Tide OR Attest: (Seal) APR g 8 1998 SECTION X INTERLOCAL AGREEMENT APR ~ 8 ]998 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of April, 1998 by and between Collier County, a political subdivision of the State of Florida~ acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of F!crida, acting by and through J. ts City Council (the "City"): WiTNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP"), authorizes moneys in the Local Government Housing Trust Fund (the "Fund") to be distributed to approved councies and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHERF. AS, the County and the City have determined that SHIP funds can be more effectively and efficiently utilized and managed when the County and the City work cooperatively to address the community's affordable housing needs. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual APR 8 1998 covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the moneys in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 10.94% Ccunt'f 89.06% For Fiscal Year, 98-99 the State allocated 10.94% of the SHIP runes %o the City and 89.06% to the County. Therefore, no !ess than 10.94% of the total allocation will be earmarked for the City of Naples in any given year. These percentages are b.~sed upon the January 1998 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Hous~ng Assistance Area as defined in ,-b~ J';!y 1994 in~_.local, .=- Agreement adopted by Ccilier County and [he City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with ~[he distribution of moneys in the Fund which are to be allocated between the County and the City. This Interlocal Agreemen~ entered into this day of April, 1998 shall expire on the 30th day of June, 2001, unless at such time the City and County mutually agree to extend this Agreement or 2 APR Z 8 1998 terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the moneys in the Fund in accordance with this Interloca] Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The moneys distributed will be deposited in the below listed Depository Account or Accounts: Nations Bank Acct~ 0000005193 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account is maintained for the parties hereto they agree to pay their pro-rata share of the cost of an audiz based on the same percentage as the SHIP program allocation'distribution schedule. 5. Provided this Inter!ocal Agreement remains effective between ~he City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 6. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. APR 2 8 1998 7. The parties to this agreement recognize the contributions of the joint City/County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee in accordance with the SHIP requirements in 420.9072 (2) (b)4. and 420.9076 (2), Florida Statutes and County Ordinance No. 93-!9, as amended. ~he County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance '.,~th 420.9075(6)and County Reso!u~n ~c_ "he Czun%v will establish, administe: :r.: a.~,:l' a Local Houslnc Assistance Trust Fund in accordance w~th Ordinance No. 93-19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. if a~ any time during the term of this Interlocal Agreement, ~he 'Ci'~y or the C~unty which are the parties ~o this Interlocal A~:e.~.~n~ believe ~:a~ the in~ent of the par=~es as se= forth herein's not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective en the first day cf the next fiscal year. If the parties are ~nable to so renegot~ate the terms and provisions of this Interloca! Agreement ur~o~ %o the commencement of the next fiscal year, the APR 8 998 noticing party shall cease to be a party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statutes. 9. If either party ska!l cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the ~. CO! ~.,',~l~.'.,.~ 10. For all purposes of this Interlocal Agreement, the term "Interlccal Agreement" shall mean this Interlocal Agreement. 11. Attached to this Interloca! Agreement are copies of the SHIP enabling ieq~slation and the rules promulgated to implement same. Ro~h par~es acknowledqe that the Statute and rules are incorporated here~n as if they were reprinted. 12. Attached to this In~erlocal Agreement are copies of the Ordinance No. 93-19, as amended which creates the Collier County Housing Assistance ~rogram, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance wi~h ?icrida StatuTes and Florida Administrative Code. 5 IN W~/TNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATE D: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,. FLORIDA DWIGHT · ~-.O,oK, CLERK BARBARA BERRY, CHAIRMAN APPROVED AS TO FOR~4 AND LEGAL SUFFICIENCY: HEIDI F. ASHTON ASSISTANT COUNTY A~'TORNEY DATED: CITY OF NAPLES, a municipal corporation ATTEST: TARA A. NORMAN, CITY CLERK By: BILL BARNETT, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: KENNETH B. CUYLER, CITY ATTORNEY APR 2 8 998 State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan Program Information Sheet Please comRle te the following information: LOCAL GOVERNMENT: CtIIEF ELECTED OFFICIAL: AI)DR.ESS: 3301 Collier County B. Berry, Chairperson Barbara Tamiami Trail East Naples, Florida 34L12 TELEPIIONE:041 ) 774-8097 FAX:(941 CONTACT PERSON: Gr__qf.~_Mihalic_j_ Director~ ADDRESS: 2800 North Horseshoe Drive 774-3602 Urban Improvement Naples, Florida 34104 TELEPl:rONE:(941 ) 403-2330 FAX:(941 ) q03-23~1 INTER.LOCAL AGREEMENT: YES/NO (If yes, list other participant* in the interlocal agreement) City of Naples ('Fhe followi~,g i,~or~,ation re,ts/befitrnished to the Agency before anyfimd$ can be disbursed} LOCAL GOXrERNMENT EMPLO.YER FEDERAL ID NUb.{BER: 59-6000558 MArl. DISBURSEMENT TO: Collier County Finafice Department - Court Plaza 3 ADDRESS: 2671 Airport Road South Naples, Florida 34112 Attention: Kelly Jones APR 2 8 1998 / ~ TO ACCEPT AN ALTERNATE SECURITT FOR WATERWAYS OF NAPLES UNIT T~O, AND ENTE~ INTO A NEW CONSTRUCTION AND M~ A~E~MENT WITH T~ DE~ELOPER To accept an alternate security for Waterways of Naples Unit Two, and enter into a new Construction and Maintenance Agreement with the developer. CONSIDEKATIONS~ On February 24, 1998, the Board of County Commissioners approved the final plat of Waterways of Naples Unit Two, and entered into a Construction, Maintenance and Escrow Agreement as security for the required improvements. The developer would like to post a Maintenance Bond in place of the escrow agreement and have the funds from the escrow agreement released. This would be in conformance with Section 3.2.9.1.5 of the Land Development Code. The security document has been reviewed and approved as to form by the County Attorney's office. FISCAL IMPACT: The fiscal impact to the County is as follows: The security amount is $ 30,150.89. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $ 5,665.30 MANAGEMENT IMPACT: None RECOMMENDATIONs i ) That the Board of County Commissioners accept the alternate security and enter into a new Construction and Maintenance Agreement with the developer. Executive Summary Waterways Unit Two Page 2 2 ) AuChorize Che release of funds from the Cons~ruc=ion, Maintenance and Escrow Agreement. PREPARED BY: John R. Houldswor=h Engineering Review existing Date REVIEWED BY: ~homas E. Kuck, P.E.-- Engineering Review Manager ~o~'ert Mulhere, AICP Planni~rvi. ces De. Director Vincent A. Cautero, AICP Administrator Community Development & Environmental Services Date Date Date Community Dev. and Environmental Svcs. DIVISION APR :e 8 199 TO SCALE .... -~- ROAD · ~ GOLDEN ~ OAIE ':'"'"'"":'"'"' CITY SITE LOC TION IMMOKALEE ROAD OIL WELL ROAD RANDALL BOULEVARD GOLDEN GATE BOULEVARD ALL I GAT OR 'ALLEY :_.'I NT APR 2 8 1998 · 'RST ATE 75 COLLIER COUN1~ LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDrVISION IM. PROVEMENTS entered into this day of , 19 ,~l~t' (~/e~'~ hereinal%er referred to as "Developer," and the Board of County Commissioner~ of Collier County, F]o~da~ hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously wi~ the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known B. Division 3.2 of the Collier County Land Development Code require~ the Developer to post appropriate guarantees for the construction of the'improvements required by said subdi. vision regulations, said guarantees to be incorporated in a bonded agreement for the construc. tion of the required improvements. NOW, THEREFORE, in consideration of the foregoing p/emises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: /o,, $ o--,r'/ Supp, No I within /~ months from the date of approval said subdivision plat, said improve- ments hereinaRer referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (at- tached hereto u Exhibit "A" and by reference made a part hereof) in the amount of SO~0./J"O ~ which axnount represents 10% of the total con. tract cost to co~nplete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land De- velopment Code, Collier County, may call upon the subdivision perfor- mance security to insure satisfactory completion of the required improve. ments. 4. The required improvements shall not be considered complete until a state. merit 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 ofreceipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, there- with specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. Ho veve~.~~ ' LDCA:IO APR 2 8 1998 i._ Pi)**_ '~' ,_ APPENDIX A-STANDARD LEGAL DOCUMENTS event shall ~he Development Services Direc~r refuse preliminary ap. provai of the improvements if they are in fact construct~d and submitf~-~l for approval in accordance with the requirements o£ this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one yem- ~er preLlminm'y approval by the Development Set- vi~es Director. After the one year maintenance period by the Developer has terminated, the Developer shall petRion the Development Services Director to inspec~ the required improvement~. The D~velopment Set. vices Director or his designee shall insp~ the improvements ~nd, if found to be still in complianc~ with the C~llier Oounty Land Development Code. as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Devel. · oper's responsibility for maintenance of the required improvements shall continue unless or until the Board acoepts maintenance responsibility for and by the Count~'. ; 7. Six ($) months after the execution of this A~reement and once within every six (6) months thereafter the Developer may request the Develop- ment Services Direc~r ~o reduce the dollar amount of the subdivision performance ~ecuriw on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for r~ view by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Ad- ministrator may call upon the subdivision performance security to secure satisfactory complecion, repair and maintenance of the required improve- ments. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, 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, engineering, legal and contingent costs, together with any damages, either direct or consequentia'l, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained m~ an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS W'HEREOF, the Board a~d the Developer have caused this Agreement to be executed by their duly authorized representatives this day of . Supp, No. 1 [.DCA: 11 APR 2 8 1998 COLLIER COUNTY LAND DEVELOPMENT CODE SIGNED, SEALED AND DELIVERED IN [Developer Name] Printid or Typed Name ATTEST: DWIGHT E. I~ROOK,'CLERK Prin_ta4 or ~ Nmne / ' Title -"-' / BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Appr£ved ~t~ to ,~n,,~d legal suMciency:~ By: Chairman Supp. No I LDCA:I2 AiR 2 8 1998 COLLIER COUNTY LAND DEVELOPMENT CODE ONE YEAR M~INTENANCE BOND ~ 1217.413 97 K.NOW ALL PERSONS BY THEgE PR~SI~qTS: lhet R.D.N.C., · ~. (hereinafter referred to u "CONTRACTOR") and .____. 61615 ~:hareln,.fler rererrmt to es "a~aty") --o hoed &nd firmly bound unto Collier County, Floride, (herelnefter reforre~! to al "County") In tho torsi .giresatc ~um of ~h._.~rt.,,.X_.~ _ ~,-,j,a-d, cra ~ ~ ..m .,fj.~__ ....... Dollt,rl (S~,uu.eo) Iff Ilwl~l money ortho United Steles, for the payment or which aura well &nd truly to be mede, wa bind ourselves, orr hairs, executors, edmtnls~ton, successors Ind assigns, Jointly .nd severally, firmly by those proscnls, Contraotor, Owner and Surety ,.re used for alngul~ or plural, es tho oontext requires, THE CONDITION OF THIS OBLIOATION Il ~uch thtt were&s, thc Owner, Waterways Joint Venture, hu submltled for approval by tho Baud a certain subdivision plat ne'nad r,o,~xs ~ZT ~ _. and that certain ~ubdlvlslon shall Inolude specific improvements whloh ~e required by Co}liar county Ordinance ~nd R,oludon.~ (hereinafter "Land Development Regul~tionV'). Thls obligation of the Surety shall commence on the date this Bond Is oxeout,d end ~hsll continu, until tho date o£flnel e¢oept~c, by the i~oard of Count7 Corn,mlllioners of the Ip~Olf~o improvements deicrlbed in the Lend Devdopmcnt Regulations (l'~relnaflor tho "Ouer~ty Pariocl"), This Bond covera the one (I) ye~ malnten~nco period until lnspoction .nd epprovel by Collier County. NOW, THEREFORe, if'ho Owner and Central:tar sh~ll wclI, truly &nd faithfully perform leg obligations end duties Iff eccord~co with the Lind Development Regulations during the 8u&tanty period established by tho County, ~d thc Owner end Conuactor ahall setlsfy all claims a~d demtnds Incun'ed lu..d IhllI fldly IndemnliS. and ,ava htrmlese the County from tad egalnst all costa ~nd damages whloh it mey suffer by reason orOwncr's and Contrector's failure to do ea. and shall reimburse a~d tel)ay tho County all au. slay and expanse wh. loh the County may Snout in making load any de~ult, then ~hls obllgetlon shall be void, otherwise to remain In full for~ and effect, PROVIDED, FURTHER, that the said Su~a~, for value r¢colwd hereby, stipulates and agrees that no ohmic, extension of lima, alteration, addition or deletion to the proposed spaclflo Improvements ,hall In on), way ILffool ltl obligation on this Bond, ~d h deal hereby waive notice of~y such ~hanse, extenJlon of time, alteration, addition or deletion to the propo~ed s~clfio hnprovement,, PROVIDED FURTHER. that il i~ expressly ,~ree~ that the Bond ~hall b, deemed ~ended automatically and lmm~intdy, without re.al and separate an ..... APR 2 8 1998 hlr~to, to u to bind th, ConL. lotor, Owr~r sd the Surety to ~e ~ll ~d ~! ~rro~ in ~r~ ~th ~ ~ D~elopment ROlUl!~ou, A~W~ ~endment," ~K u~ In ~e B~d, ~d ~r ~,~l to ~!~ SOHO, or o~or ~~te ~1 ~olude ~ ii.don, i~idon ~ m~ifloetlon o~ ~ ~e~ ~tlo,ver, · ' ' - Re.sidenL )~:jenr. (941)275-6226 NOTARY A! TO CONTIb~CTORt k~TATE OF FLO~DA. The forqoln$ I,,trumant wu e0knowlod,ad b4t'or~ mt thll_ l'~ day o~~ by ~~...~sl_ ~~__ of'R.D.,.C.,' Inc. ~ls ~rsqn~v kn~ tn m~, _ or htl pr~uold ~ , ~o~c ~ )etlon. · lg~o NOT,~R¥ Al 1'0 COUNTY OF ~r'at.rw~'Jolu NOTARY At TO SUP~TY: ITATB OF FLORIDA OOUNTY OF. ~ ,~,z~ WENDY L HINGSON -~ mi ~ l~a,m~ld, AY23,2001 NOTARY AS TO OWqqF.~ STATE OF FLOR/DA COUNTY OF COLLIER The foregoing instrument was acknowledged before me th/s ~"1 day of~, 199~_., by Richard Davenport, as Presidcnt of Waterways Development, Inc., · Flor/da CorpOration, Genel'al Partner of Waterways Joint Venture who is ..~" personally known to me, or hss produced I,~ ~w ~,, u identification. APR g 8 1998 POW3ER OF ATTORNEY mow M,n th,,. P,,,o=,,: SeND NO. 2 2 8 6 8 ~t ~ ~er of A~m~ ~ nm v~d or ~ eff~ ~esl at~ched to ~e ~nd w~ch R au~o~s ex~ ~t my ~ d~ ~ ~e apprn~g offi~r ~ d~. ~ ~~~. u~l~.~rl~JOa<d~l hereby m~e, ~MUtute ~d IpN~t D. ~ Vl]~ Jomuy or ~liy Fo~ M~ ~uH~ ~ ~e Cl~ of . ~m of ~d lu~ofl~ h~eb~ ~ ~ ~ ~, n~l~ge ~d deUver for ~d ~ ~ ~ ~ ~. ~e fo~ d~ ~n~ by ~o~ ~ Pl~nt ~ ~ ~ ~ or ~ntenu~ or ~pply ~ Bid ~ ~g ~e ~d ~ ~e ac~l~gement ud ex~ cd n~ ~nd ~ ~e s~d Attomey-~*Fa~ s~ ~ ~ b~g u~n ~s Comfy u ~ ~ ~nd bed ~n tx~t~ ~d I~ow~ ~ ~e r~lfly el~ orfi~rs cd ~ Comfy. The RLI INSURANCE COMPANY fuflher cor~ffiel thlt the following is a true and exact copy o! the Resolution IdOpted by the Board of Directors of RLI Insurance Company, and now In force to-wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secre~er% Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasmer, may appoint Auomeys-in-Fact or'Agents who shall have authority to issue bonds, policies, or undertakings In the name of the Company. The corporate leal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney. or other obligations of the corporation. The signature cd any such officer and the corporate seal may be printed by fac~imUe.' (Blue sblded ores ibove indicates ~uthentlclty) IN WITNESS WHEREOF. the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this ~$~ day of March. 19~6. State of Illinois ) ) SS County of Peoria ) On this ,.,,]st day of March , 19~..~, before me, a Notary Public, personally appeared Jona~. who beinf by me duly sworn, acknowledl~ed that he siened the above Power cdAttorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edfed said instrument to be the voluntary act and deed of said corporation. ~-. ota ce ,ic RATHY A. YESKE ~OTARY PUBLIC, STATE Of: ILLI~OI! PlY COPIdlSSION EXPIRES 03/22/99 ,,,~ ..¢ ....... <;.. { ~ -. iL ~ ~ President CER~ I, ~e unde~ifned o~cer cd ~ Imu~ Com~, a st~k co~- ~ofl cd the S~ more, t~t the R~u~ ~ ~e ~ ~ ~t ~ Jn ~ P~F cd Atto~, j~ fl~ ~ad and the APR 2 8 Ptuident pg~. / / ___ SPA015 (~, ADOPT A RESOLUTION AUTIIORIZING TItE ACQUISITION OF LAND BY GIFT OR PURCIIASE OF FEE SIMPLE TITLE INTE~ AND/OR NON-EXCLUSIVE PERPETUAL, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE, DRIVEWAY RESTORATION AND TEMI~RARY CONSTRUCTION INTERESTS BY EASEMENT FOR GOLDEN GATE BOULEVARD PROJECT, CIE NO. 62. ~ To obtain authorization from the Board of County Commissioners (the "Board"), W acquire by gift or purchase all rights and interests in real property which are requ/red for the construction and maintenance of transportation improvements and related facilities for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard. CONSIDERATION; On October 28, 1997, the Board adopted Ordinance No. 97-55 therein · establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62 for CIE No. 62. On September 3, 1996, the Board adopted Resolution 96-396 authorizing the County Staff to acquire by gift or purchase certain easements, and fee simple title to the property and pwperty interests required and necessary for the four-laning roadway improvements of Golden Gate Boulevard between C.R. 951 and Wilson Boulevard. On December 9, 1997, the Board approved an Agreement between the City of Naples and Collier County to redesign and make appropriate changes to the Golden Gate Boulevard Improvement Project necessary to allow the City of Naples raw water main to remain in its current location.. Adoption of the at~ached Resolution shall provide the Board's directive and author/zation to staff to acquire the necessary easements and/or fee ~imple title for the Golden Gate Boulevard four-laning improvements l:~ween C.R. 951 and Wilson Boulevard (hereinafter referred to as "Project"). FISCAL IMPACT: Total acquisition costs are estimated at $1,833,595, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Golden Gate Boulevard Four-Laning Project. Pursuant to the Interlocal Agreement between Collier County and the City of Naples which was approved by thc Board of County Commissioners on December 9, 1997, the City of Naples will subsidize $165,644 of the Condemnation Cost. In addition, the City and County should share equally any costs in excess of the fixed amount of $165,644 and applicable to the Properties on the south side of the existing road R/W. ~ts,~ ~, Pa~e 2 Golden Gate Boulevard Executive Summary Funds s~ available FY 98 in the amount of $1,833,595 in: Fund: Cost Center:. Project.' 313 - Road In,act Fee (I 'U'ict 163673 - Road I_ .m~-t Construction 63041 - Golden Gate Project ~ROV/TH MANAGEMENT IMPACT: r~c~m~nend~tion is consistent with the County's Growth Management Plan for CIE ~62. As a Capital ~vernent Element project, the RECOMMENDATION: That the Boa~l ofCotmty Commisaione~: (1) Adopt the attached Resolution authorizing the acquisition by gift or purchase the fee simple inter~t and/or non-exclusive, perpetunl road right-of-way, sidewalk, utility, drainage, maintenance, driveway restoration nnd tempora~ ~ction interests by ~en! required to complete the Golden Gate Boulevard four-laning improvern~ts bet~veen C.R. 951 and Wilson Boulevard; and (2) Authorize ~e Chairman to execute the attached Resolution. Wllma Iverson, Senior Specialist Real Property Management Department REVIEWED BY: ~ Richard Hellrlegel, Senior Prat Manager Office~of Capital Projects Management REVIEWED BY: Adolfo g. Go~zalez, REVIEWED B~ Public Work~ Division cc: Dick Garti, Director, Engineering Department, City of Naples DATE: DATE: I RESOLUTION NO. ~- __ 2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR. 3 PURCHASE OF FEE SFMPL£ TITLE INTERESTS AND/OR NON-EXCLUSIVE, 4 PERPETUAL. ROAD RIGHT.OF-WAY, SIDEWALK, UTILITY, DRAINAGF~ $ MAINTENANCE, DR. rvrEWAY RESTORATION AND TEMPORARY CONSTRUCTION 6 Z]~TTERESTS BY EASEMENT FOR TTTE CONSTRUCTION OF THE FOUR-LANTNG 7 IMPRO~ FOR GOLDEN GATE BOULEVARD BETWEEN C.R. 9:51 AND S WILSON BOULEVARD, CIE NO. 62. 9 ~'HEREAS, the Board of County Commissioners ('Board), on October 28, 1997, adopted 10 Ordinance No. 97-55 therein establishing Ihe 1997 (Seventh Annual) Capital Improvement Element of I 1 the Growth Management Plan in order Io establish priorities ~'or the design, acquisition and 12 construction of the various capital improvement projects. T~e Transportation Element of the County's i 3 Comprehensive Plan was adopted in Ordinance No. 97-62; and 14 ~,V1-1EREAS, the ~'our-laning roadway improvements lo Golden Gate Boulevard between C.R. I $ 951 and Wilson Boulevard arc component pans or'the Transportation Element or'the County's 16 Comprehensive Plan; and 17 ~,~,TIEREAS, alternate locations, environmental factors, long range planning, cost variables, 18 concurrence, sa~'ety and we! fare considerations have been reviewed as they relate to the implementation 19 of said transportation improvements; and i~ has been recommended by County Staffthat it is necessary 20 and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of' 21 property rights required for the construction ofthe £our-laning roadway improvements for Golden Gate 22 Boulevard between C.R. 951 and Wilson Boulevard, hereinafter referred to as "Project" ss identified 23 en Exhibit "A" attached hereto and incorporated herein by ret'erence; and 24 V, rHEREAS, the design and construction of said transportation improvements and related 25 facilities have been determined by the Board Io be necessary and in the best interest o£Collier County; 26 and 27 WHEREAS, the construction oflhe transportation improvements and related facilities 28 contemplated by the Projecl are necessary in order to protect the health, safely and welfare of thc 29 cilizens of Collier Cot~nty, and will assist Collier County in meeting certain concurrency requirements 30 of lhe Growth Management Plan for Collier County. -Page APR 2 8 1998 i NOW, TITER.E~OR.E, BE IT RESOLVED BY THE BOARD OF COUNTY COM~[ISSIONT. RS OF 2 COLLIER COUNTY, FLORIDA, that: 3 I. The Board hu considered the envlmnmental factors, safc~y factors and fiscal cons/dc'rations 4 relating to the final adopted location of Ihe transportation improvements and related facilities. ' 5 2. The mad fight-of-way, sidewalk, utility, drainage, maintenance, driveway res~oratlon and 6 tempom'y cons~oc~ion intel-ars by easement and/or the tee simple title acquisitions identified on 7 Exhibit "A" are the mos~ t'casible locations, beth necessary and consistent with the pmjec~ 8 requirements, in order !o permit the construction and maintenance or the transportation improvements 9 and related facilities For the Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE No. l0 62. 11 3. The Board h~ dc~ermined that the cons~'uction and maintenance of the four-laning transpot- 12 ration improvements and related facilities are necessary for a public purpose and is in the best interesl 13 o£Collier County. 14 4. The construction and maintenance of'the transportation improvements and related facilities are ! 5 compatible with the long range planning goals and objectives of the Growth Management Plan for ' 16 Collier County. 17 5. It is necessary and in the besl interest of Collier County for Ihe Board to acquire the road 18 right-of, way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary 19 construction interests by easement and/or the fee simple title identified in Exhibit "A'; and County 20 Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road 21 right-of-way, slope, sidewalk, utility, drainage, maintenance, driveway restoration and temporary 22 construction interests by easement and/or fee simple title on the properties identified in Exhibit "A". 23 6. The C'~airman ofthe Board is hereby authorized to execute Appraisal Agreements with the 24 appraisal firm(s) selected from Ihe list of firms pre-qualified by the Board of County Commissioners. 25 The Board f'urther directs staff to usc appraisal repons or internal compensation estimates as staff 26 dc~errnines is necessary to best serve the needs of Ibc Project in a timely and cost-effective manner. 27 7. The Board, in accordance with the provisions of C'hapter 125.355, Florida Statutes, hereby 28 formally waives the requirement for a formal, independent appraisal report for the purchase of a 29 property where the purchase price of the parcel (Ihe compensation duc to Ihe pmpcny owner) is less 30 Ihan One Hundred Thousand and 00/100 Dollar~ ($100,000.00). in lieu ofthe independent appraisal -Page 2- APR 2 8 1S158 ! 2 3 4 $ 6 ? 9 10 II 12 13 15 16 !? 19 20 21 22 23 2~ 25 26 27 28 29 rqxa~ a~l'is he~ amhoriz~! to make pu~,hue ofTcT3 ~or the ~i~ t~ ~I1~ ~ a~e ~ ~luc ~ ~ ~ ~in~t to t~ ~bj~t pa~cls. , 8. ~ ~ ~1 ~ ~ C~ A~s 0~ ofall ~ ~ f~ t~ ~bj~ ~ ~i~fi~ R~I ~ M~g~t ~l ~ffis h~r~y di~ to off~ ~iate dcli~ m ~ ~i~ ~ ~ oft~ ~ll ~m~fi~ (u ~lish~ by ~i~! ~ ~~t~ ~ in ~ance ~th the ~si~t of ~t~ ! 25.355, ~o~da Statute). in ~ for I~ imm~iate ~d pmp~ ~uti~ of lbo ~ive ~ts, or de~s ~ ~h oth~ l~al d~um~ ~d'or a~daHts u the C~ A~om~s O~ app~ate in o~ to ~t~t the inlet of the Count; and the Boa~ h~by aut~fi~ its ~ai~ ~ any ~u~t ~ai~ f~ lhe life of the Pmj~l, to ~ute any in~m~ts which have b~ ~rov~ by the O~ce of the County AHomey, to remove the li~ of any ~cumbrance and ~or any ~cb olb~ pu~se as may ~ ~ui~ for the acqui~ mad fighl~-way, sid~a]k, utility, d~inage, maint~ance, d~v~,ay ~tontion and t~ra~ con~ction in~s by ~s~t ~or f~ simple title. 9. In tho~ in~c~ where negot~at~ ~t]~ts may ~ ob~ain~ ~a the '~hue or 'Eas~t A~t' m~ani~, the Di~tor of the O~ce ofC~hal ~j~ts Manag~t, or his d~i~. is cha~ ~th the ~nsibili~ f~ completion ofva~ous c~ital impmv~t and is he.by delegal~ the authofi~ to ~mve the pu~ha~ of land int~ a~ve the comp~sation ~t~mate or a~ised value and pay no. ally ~lat~ co~s wh~ it is in the ~t of the Pmj~t, ~thin the p~nta sha~ of thc land rights acquisition budg~ for the panel acqui~d, only wh~ the d{~nce b~ t~ pu~hase p~ce and commotion ~imate or vague is I~s than Fi~ ~ou~nd a~ ~/! ~ ~lla~ ($15,~.~) or thc cu~t pu~h~ing limits ~tab]ished by the Colli~ Coun~ Pu~h~ing D~a~m~t; provided, Pmj~t ~nding is available. 10. ~at ~e g~l~t ~proval autho~ty is delegat~ by the Boa~ to the ~t~t that ~ch approvals do not conflict with the ~sions of S~lion 125.355, ~o~da Starts. 11. ~e ~ai~an of lbo Boa~ is h~by autho~z~ to ex.ute Eas~t A~ts ~d A~ts wh~e the land ~ h~ a~ to sell the r~uir~ land fights to the Coun~ at its '-Paqa 3- APR 2 8 1998 11 12 13 14 l? lg 2O 21 23 24 2~ 26 2'7 28 29 30 ~0q'aised ~lue or at th~! amount considered the 'Administrative Settlement ~ount" as such term is internally used by the admin~s~tive agencies of' Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or 'Easement Agreement"), to convey a necessary interest in real property to the County, and upon thc , proper execution by the prope~ owner of those easements or tee simple title, and such other legal documenU u the Office ofthe County A,omey may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property cramer(s) ofrecorcL in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staffcompensation estimate in accordance with this Resolution and the provisions of Section ! 25.355. Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners. as the governing body of Collier County. Florida, a political subdivision of the State of Florida. and as such, s~affis hereby authorized to record in the Public Records of Collier County. Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from thc acquired properties. 14. This Resolution supersedes Resolution No. 96-396. THIS 1LESOLLrTION ADOPTED on this day of majority vote. ATTEST: DV~IGHT E. BROCK, CLERK ,1998, after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLfER COUNTY, FLOR.IDA By: BARBARA B. BERRY, CHAIRMAN Clerk Approved as to form and legal suffici .ency: Heidi F. Ashton Assistant County Attorney -Page 4- APR 2 8 1998 GOLDEN GATE ESTATES UNIT 3 ~E£ C-OLiN 6ATE ESTATES ~IT 4 13.. APl< 2 ~ lgY8 GOLDEN GATE ESTATES UNIT 4 F: ~ 60L[]EN SA~ Es'r4~ H4'E 6OLIN SATE EST~,TES ~IT ~7 £ - - iiiii --- IIIII I I II II IIII I II IIII IIIIII I I II IIII I - ' GOLDEN GATE ESTATES UNIT 5 GATE ESTATES LR~IZT G '" i~. .~,.,,, '" '""~''" '"""' .... '"" ' , . . ,. . · , i , · ii ~ :'- ~ : - OD ' "I .-,,.T_, ,., ~,-~ mi~ OD-, " ~ ,.t (2~ ~ I ~ (q3::D ,~D :'- OD - (EZ) ~ ,, :~, GE~ I ~(::~ ~ - (~:D ~ "'(~:D ~ OD ', ~: ~ (:CE) ~ ' ' ~ C3~ ~! OD · C3D ~ ~ ~ , ~ , m ,~ : ~ -~ ~, - ~ : . ~' -,' ... . . ~ ~ ~ m ~m ~ m ~ ~ ,F i ,,~ ~l.-~ ':- ~.~ ,,-~ - ~ ~ ,~ ~ . , t GOLDEN GATE ESTATES UNIT 6 mm .. n. m. (ZZ~ i SEE C-OLDEN GATE ESTATES ~IT 5 GOLDEN GATE ESTATES UNIT 7 SEE ~.DEN GATE EST*TES LN~f ~ ............................................. 2 8 1998 GOLDEN GATE ESTATES UNIT 8 GATE ESTATES L~T 7 SEE GOLDEN GATE ESTATES LICIT GOLDEN GATE ESTATES UNIT 9 ,-dP hi SEE GOLDEN GATE ESTATES t.,ldZT 293 ~IB,r]' APK 2 8 1998 GOLDEN GATE ESTATES UNIT 10 LL SEE GOLDEN GATE ESTATES UNIT EXNIBIT GOLDEN GATE ESTATES UNIT 11 SEE GOLDEN GATE ESTATES UNIT 29 ,, ~ ,, ,,, ~ , , SEE GOLDEN GATE ESTATES UNIT 12 GOLDEN GATE ESTATES UNIT 12 .h_ SEE GOLDEN GATE ESTATES UNZT nC~ t3i C~ SEE ~6-4g-27 APR 2 8 1998 GOLDEN GATE ESTATES UNIT 13 F' SEE GOLDEN GATE ESTATES UN2T 14 .....~ SEE $5-49-27 t.t ~ ldO' J~AZP(AGE J'JSfl4~t, rl" APH 2 8 1998 GOLDEN GATE ESTATES UNIT 14 .J w SEE GOLDEN GATE ESTATES UNIT q~ ~ .-, .~,~. - ~ .... SEE GOLDEN GATE ESTATES UNIT EXHiBiT "A" EXECUTIVE SUMMARY APPROVAL OF A RENEWAL OF SOVEREIGNTY SUBMERGED LANDS LEASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ~.i~t~: Approval of a Renewal of Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (State), as Lessor, to allow the County use of property for the Caxambus Boat Ramp and Park. CONSIDERATION: Collier county entered Into a Sovereignty Submerged Land Lease with the State effective ~orii 6, 1993. The Lease provided for an initial term of five (5) years with the option to renew for an additional five (5) years provided said renewal was approved by the State. The County requested approval of the renewal by the State in January 1998 and as a result the State has approved said renewal by forwarding the attached Renewal of Sovereignty Submerged Lands Lease fo~' execution by the collier county Board of County Commissioners as Lessee. The renewal shall allow the County to continue the County's operation at the park site. The attached Renewal provides for an annual rental rate of $253.12 which is due and payable upon execution of the attached renewal. Any adjustment in rent shall be pursuant to provisions of Section 18-21.011, Florida Administrative Code. The State shall notify the County in writing of any change in the annual rental amount. The Office of the County Attorney has reviewed and approved the attached renewal. FISCAL IMPACT: The annual rents shall be withdrawn from the following account: 001-156332-649050. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Renewal of Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and authorize its Chairm/an {o-e~e same. PREPARED BY: y . lire/~/', Rea~l ~ ~ Department SandraLT-a Ior,'Dire , Real Property a ement REVIEWED BY: M~d'a-Ramsey, 'Direct~P-a-r~s and Recreation Depaft~;ent APPROVED BY: .~._.~,,*~,~.-~ ~"~ '"'""-'/ DATE: ¥or~'Oilif~, Adm~nis'~or, Public Services Division 39¢G Coannmuw~ld~ Boule~rd '[Mblmme, ~ $2399 OP SOVT~.~,~IOI, rl~ S't,TaM'r,~O[I~ LANDS LIASI T~b P. enewll of the So,,~mSmy Subn~led L~mh Lease is .,,~d into this ~i da), of b~,b. 19~..L by md Imween ~e Board of Tn,sues of ~e Interf~l Impr~t ?nm Puml of ~he Sum of Florkh ('Lmor~, and the [~ntrd of Counr~ Cornrnitsmnefs of Colhet Cou~r~. a ~oli~i~al sl]~l¥ltlOfl of' t~e S~tle of ~oyl~B ('~Je~"). W'I'~P,.EAS, the Lessor did IT~fll m the Lessee, ~'~! CCnlm SoyL"~iln~/Su~ ~ Leto ~o. I 10534215. to ~ e~ec~ve ~om ~1 6. 1~3 ~h Ao~l ~. I~S (~ "~')~ ~ WHEKEAS, the Lease was Kcordcd on ~usust 29. 1995. in Official ~K~ds B~k 2~3. Pale ~ Publm Recmds of Collmer C~n~, Florida: mhd NOW, ~E~O~, ~ ~s~ ~ ~ IS~ ~ roJlo~: 2. All of~e ~linal ~ ~ co~i~ of~ ~ shll m~ m ~11 f~e ~ effKI ~ ~ of Collier C~fl~ w~tfl f~neen (I ~) ~ abet receipt of I ~ully ex~d bise by ~ Les~ ind Les~. ~t ~ ia cnt~e~ ~h c~u~ ~e O~cial R~m~ ~k ~ ~lfl at wh~h ~ ~ ~1 n F. xecumd on d~e day ,~ ~lr tint abo~e wrinen. [021 APR 2 U 1998 pg. Typed/Prm~d ~ of W~ BY T~ Name of wnncss 'q__ __I~'~:OR' STATE OF FLORIDA COUNTY OF LEON Th~ fo~.$.oin~ ~ wu ~ befoet n~ Iht~ dayof .19 ,by Para CK~rd. Phrmim~ M~-~. Bureau of P~bl~c Land Ads~n-mon. Drvis~Ofl of Sta~ Lands. a~ m~t-m for ar~l off behalf of ~ Board gf Trusses oflhe ~ lmnrnwme~ TFus1 Fund of the Siam of Fleocb. who il Nomry ~ Sm~ of Florda DI~~ Anomey No. WTTt~SSES: I ~htY-al s~bdtvi~ion or,he S~a~e of Florida ISEAL! C)rilinal Si~n~mt~ T~xc~mtt~ Name of W~me~ Ch,.ilmal Sil~atu~ BY...._= Onlmal S~umz't of ExeCUUfll AmhOr~y Typed/Printed Name of Exeomn[ Aud~x~ T~e of F. xeomns ^ud~x~y ~ l~bl~c, Sm~ of No. Pare :2 of.2_ Pa~es Sov~eJSn~/ Sutm~-rled Land ~ No. I 10534215 EXECUTIVE SUMMARY AMENDMENT TO THE HAZARDS ANALYSES UPDATE AGREEMENT ~ To gain Board of County Commissioner's approval for an amendment to the Hazards Analyses Update Agreement #95CP-3V-09-21-22-005. (~0NSIDERATION; The Board of County Commissioners entered into an Agreement . with the Florida Department of Community Affairs for the completion ora biennial update of the Hazards Analyses at those facilities, within Collier County, that store Extremely Hazardous Substances (EHS) above the threshold planning quantity. Collier County has agreed to accept the sum of $21,299. The amendment to the Agreement merely establishes due dates for product submittals to the Department of Community Affairs. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIO,N: That the Board of'County Commissioners approve the attached Amendment to Agreement #98CP-3V-21-22-005. SUBMITTED~ Date: .~'x,~;enneth F. Pineau, Emergency Management Director A.PPROV~D BY: ' j . ' L-eo C~ch~', Jr., ~Suppon Services Administrator APR 2 8 B98 ~ENDMENT BETWEEN T~E STATE OF FLORIDA COLLIER COUNTY THIS AMENDMENT, entered into between the State of Florida, Department of Community Affairs (the Deparr. ment), and Collier County, herein referred to as the "Amendment" amends Agreement (the "Agreement") Number 98CP-3V-09-21-22-005. WHEREAS, pursuant to Article IV, MODIFICATIONS, either .party may request changes to the Agreement; and WHEREAS A~TICLE IX, STANDARD CONDITIONS, provides that the County agrees to be bound by the provisions included in the Standard Conditions attached to an incorporated by reference in this Agreement; and WHEREAS, the parties to this Agreement concur that the following modifications need to be made to Article II, COMPENSATION AND FINARCIAL REPORTING REQUIREMENTS: C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 1998 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 1998. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 1998 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circus, stances and granting extension~ to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The County shall submit an Attachment C, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable. The county emergency management director, or an 1 official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV, Amendments A, B and D, and this Article. In the event that the County submits less than fifty (50) percent of the hazards analyses on June 1, 1998 o= on August 1, 1998, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The no=ice will be sen= by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. The Department shall immediately notify the County by Certified Mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. 2 APR 2 8 1998 WHEREAS, the parties to this Agreement concur that the modifications need to be made to Attachmen~ A, SCOPE OF WORK ARD SCHEDULE OF PAYMENTS, HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES. (The entire modified Attachment A follows). Attachment A pE$CRIPTION OF WORK TASK 1: Review and Update of Hazards Analyses A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency Response Commission (SERC) that they have 9resent ~hose specific Extremely Hazardous Substances (EHSs} designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ). It is =equired that each Attachment B facility be contacted by written survey, telephone or on-site visit to ensure accuracy of hazards analysis· Each facility hazards analysis must include, but is not limited to, the following items: Hazard Identification a. Location of the facility and SERC Code Chemical identities Type and design of storage container or vessel Maximum quantity on-site and amount in largest vessel (or interconnected vessels) ee Nature of the hazard Transportation routes to the storage facility Evacuation route(s) directions from the Vulnerable Zone (VZ) based on wind direction Vulnerability Analysis a. The extent of the VZ that may be affected given a worst case release scenario. This analysis shall include a map and a north arrow with a specific scale (bar, numeric, or word) which clearly identifies the site and VZ boundaries and, where necessary, an awareness of contiguous states or counties that would be affected by a spill or release. b. Identification of critical facilities or sensitive institutions located within the VZ and an estimate of each critical occupancy. 3 facility maximum exp ~--~.ok ~ | APR :2 8 1998 l,,.. An estimation of the total exposed population within the VZ. (This total should reflect the combined total of critical facility maximum populations plus the residential/commercial population within the VZ.) 3. Risk Analysis a. Probability of release b. Severity of consequences of human injury Severity of consequences of damage to property d. Severity of consequences of environmental exposure e. Historical Accident Record Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the S£RC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. Facility is not physically located in the County (indicate appropriate county location, if known). Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: ae A Statement of Determination from the facility representative for the previous reporting year; and bJ A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 2: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: Ae Notification of the County's contact person, address, telephone number and software utilized within thirty (30) days of the execution of this Agreement, as outlined in Article IV. Submission of one completed hazards analysis by December 31, 1997 for review for consistency with the established planning criteria. 4 ~ De participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. Submit a list of facilities in the County believed to have present EHSs as designated by the EPA in quantities at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. Notify response agencies within the County of the availability of hazards analyses information and make information available upon request. TASK 3: A. On-Site Visits Conduct a detailed on-site visit for at least thirty-five (35) percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 1). Prioritize the facilities to be visited based upon the following criteria: 1.New facilities as evidenced by the "Date Notified" column on Attachment B. 2. Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receives an on-site visit. This will allow for the achievement of the 100 percent on-site visitation goal desired by the SERC. B. Submit a site plan' map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C. List facilities on Attachment B for which an on-site visit was performed for the required thirty-five (35) percent. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department- 5 APR 2 8 '1998 Iio $~EDULE OF PAYMENTS The first paymen= of =wenty (20) percent of the fixed fee amount may be made within ~h£r=y (30) days of ~he execu=ion of ~his Agreemen~ dependent upon receipt of items listed in Article IV.B. of this Agreement. After the initial payment, the payment percentage will be made on a performance basis tha~ is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachman~ C, Financial Invoice. Ce Twen~y-five (25) percent of ~he fixed fee amoun~ will not be released until the final work product is completed and de=ermined to be acceptable by the Depar~men=, within the time frames provided in this Agreement. #HEEF~S0 the parties to this Agreement concur that the modifications need to be made to Attachment D. (The entire modified Attachment D follows). Attachmen~ D Provide the following information for each facility listed in Attachment B. 1.0 Facility Information 1.1 1.2 Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment B listing. Facility Emergency Coordinator Provide the name, title and telephone number (including 24-hour) of the designated facility coordinator. 1.3 Transportation Routes List the main routes used to transport chemicals to and from the facility. 1.4 Evacuation Routes Based on wind direction, identify the route(s) to exit the largest VZ. 1.5 List of all gHSs On-site Provide a list by Chemical Abstract Service (CAS) number of all EHSs used, produced, or stored at the facility. 1.6 Facility Identification SERC Code and geographic coordinates (latitude and longitude). 2.0 Hazard Identification Provide the following information for each EHS at or above the TPQ at the facility 2.1 Chemical Identity Provide proper chemical name, CAS number and natural physical state of each EHS according to Exhi .b~ r A~ the Technical ~uida~ce for ,azards Analysis.~ ~.~° ? . I APR 2 8 1998 2.2 Maximum Quantity On-site Express in pounds the maximum quantity of each EHS the facility would have on-site at any given time. 2.3 Amount in Largest Vessel or Interconnected Vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. 2.4 Type and Design of Chemical Container Indicate the storage method for each EHS, i.e., drum, cylinder, tank, and their respective capacities. 2.5 Nature of the Hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3.0 Vulnerability Analysis 3.1 Extent of the Vulnerable Zone (VZ) Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. 3.2 Critical Facilities List facilities and their populations within the VZ which are essential to emergency response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. 3.3 Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst case release. 3.4 Estimated Facility Population Provide an estimate of the number of employees for the facility. 8 4.0 Risk Analysis 4.1 Probabili=y of Release RaCe =he probabili=y of release as Low, Modera=e, or High based on observa=ions a= =he facili=y. Considera=ions should include history of previous incidents and curren= conditions and controls at the facility. 4.2 Severi=y of Consequences of Human Injury RaCe =he severi=y of consequences if an ac=ual release were to occur. 4.3 Severity of Consequences of Damage to Property Describe =he po=eh=iai damage to =he facili=y, nearby buildings and infrastruc=ure if an actual release were =o occur. 4.4 Severi=y of Consequences of Environmen=al Exposure Describe =he poten=ial damage =o =he surrounding environmentally sensi=ive areas, na=ural habi=at and wildlife if an ac=ual release were =o occur. 4.5 His=orical A¢ciden= Record Describe any pas= releases or inciden=s =ha= have occurred a= =he facili=y. Include da=e, time, chemical name, quan=i=y and number of persons injured or killed (This informa=ion is available from =he facili=y). Ail ocher provisions no= inconsis=en= wi=h =his amendmen= shall remain in full force and effect. TEKMS AND CONDITIONS IN WITNESS WI-I~REOF, the parties have caused this Amendment to be executed by their undersigned officials as duly authorized. FOR ~ COUNTY: COLLAR COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Authorized County Official Barbara Berry, C~ Board of County Commissioners NameYTitle Date: BY: Date: Authorized Department O~cial Name/Title 59-6000;5;58 Federal Employer ID Number DWIGHT E. BROCK, CLERK BY: (Deputy Clerk) Approved as to Form and Legal Sufficiency _ ThOmas C. Palmer, ~kssistant County Attorney 10 EXECUTIVE SUMMARY AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE DEVELOPMENT OF A UNIFIED MITIGATION STRATEGY FOR COLLIER COUNTY AND ITS MUNICIPALITIES QBJE(~i'TIVE; That the Board &County Commissioners approve the attached Agreement #98-LM-44-0921-01-011 between the Florida Department of Community Affairs and Collier County, and accept the sum of $108,000 for the successful completion ora local Hazard Mitigation Strategy in accordance with the attached Scope of Work. (2ONSIDERATIQN: Several recent natural disasters have saliently illustrated the need to mitigate against potential losses. This fact, coupled with sky-rocketing insurance costs and an increase of the at risk population, compel communities to develop mitigation strategies. The United States Department of Energy and the Federal Emergency Management Agency, in partnership with the Florida Department of Community Affairs, have authorized funding for the preparation ofa Statewide Mitigation Strategy. Collier County's portion &the funding is $108,000 ofwhich $30,000 will be subcontracted to the three municipalities for their assistance in developing a unified strategy. In addition to the obvious benefit of reducing property losses and saving lives, there are other significant reasons for developing a strategy: I. Post-disaster funding will be received more quickly by pre-identifying mitigation projects. 2. Those communities with a strategy will be entitled to receive Hazard Mitigation Grant Program funding. Substantial savings will be realized because the costs &mitigation are less than the costs of recovery and rebuilding. AG~ NOA. IT£M no... //4' z. AP~ ~8 19~8 pg._ 4. Existing County and City pa:tnerships will be strengthened through the sharing of resources. Since local jurisdictions are obligated to provide a match of 12',6 % for all Public Assistance disaster costs, the lower the damages the less the County pays. By accepting this Agreement, the County agrees to complete all Scope of Work requirements by August 31, 1999. FISCAL IMPACT: S108,000 in additional revenues in: Fund 118 Emergency Management and Fire Grants Organization: 144210 Emergency Management Administration Object Code: 334245 Department of Community Affairs Project Code: 33779 Local Mitigation Strategy ,,~ROW'FH MANAGEMENT [MPfi(~T: Objective 12.2 of the Conservation and Coastal Management Element states that the County shall ensure that building and development activities are carried out in a manner which minimizes the danger to life and property. RECOMMENDATIQN: That the Board of County Commissioners approve'the attached Agreement between Collier County and the Florida Department of Community Affairs for the development of a unified Local Mitigation Strategy and approve the necessary Budget Amendment. SUBI~LITTE~ Date: ~ ~ F. Pineau, Emergency Management Director APPROVED BY: Leto Ochs, Sr..'~?~ $&rvices Admmistrat°r lao. lc- D APR 8 lgS8 Contract lquznb~. 98-LM-4H-0921.OI-011 CONTRACTUAL SERVICF~ AGREEMENT THIS CONTRACTUAL SERVICES AGREEMENT is entm~d into by and b~w~n ~e Stste of FIortds, Department of Community Afl'airs, with he~lquanen in Tallahass~ Flor~ (hereinafter r~ferred to as the "Depariment"), and Collier County (h,~-imt~ referred to as the THIS AGREEMENT IS ENTE~ INTO BASED ON THE FOLLOWINO FACTS: A. WHEREAS, the Federal Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding for the preparation ora S~de Mitigation Strategy project, including the development of Local Mitigation Strategies and pre- identification and pHoHtization of Hazard.Mitigation C-rant Program projects to become a pan of the Storewide Hazard Mitigation Strategy; and B. WHEREAS, the Conwactor represems that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the Local Mitigation Strategy services identified herein, and does offer to perform such services; and C. WHEREAS, the Deparlmen! has a need for such services in order to formulaIe the Statewide Mitigation Strategy, and does hereby accept the offer of the Contractor upon the terms and conditions hereina~er set forth. [remainder of page intentionally left blank] NOW, THEREFORE, the Department and the Contrac~r do mutually ~r~ ~ follow~: 1. SCOPE OF WORK. The Contractor ~ fully perform the obligations ia ~ordaacz with tbe Scope of Work, Attachment A of this Agreement, to the ~atisfaction of the Dcpat~ent. The ~on of m fa ry pe ormaace be the o1¢ tion ofthe Dexmrnne . 2. INCORPORATION OF LAWS, I~ULES. REGULATIONS AND POLICIES. Both the Contractor and the Depaxu~ent shall be governed by applicable S~*_e and Federal laws, rules and regulations. 3. PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end August 31, 1999, unless terminated earlier in accordance with the provisions of paragreph (9) of this AgreemenL No deliverables shall be accepted after August 31, 1999 and no request for payment nor invoices shall be accepted after September 30, 1999. 4. MODIFICATION OF CONTRACT: REPAYMENTS. Either party may request modification ofthe provisions of this Agre~-m~ Changes which are mutually agreed upon shall be valid only when reduced to writing, duly s~gned by each of the parties hereto, and attached to the original of this AgreemenL Ail refunds or repayments to be made to the Department under this Agreement are to be made payable to the "Department of Community Affa/rs," and mailed directly to the Department Cashier, Department Of Commutlity Aff~ Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 2 at the following address: APR.. 2. 1S 8 I~CORDKEEPING. a. All oril~nal records pertinent to this A/~ement shall be retained by the Contractor for three years followini~ the date of termination of this Agreement or the submi~ion of the last deliverable, whichever is later, with the following exccptions: (1) If any litigation, claim or audit is started before the expiration of the three- year period and extends beyond the three year period, the records will be maintained until all litil~ation, claims or audit findini~s are resolved. (2) Records for the disposition of non-cxpcndablc personal propcrty valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. (3) Records relatinl~ to real property acquisition shall be retained for three years after closing of tide. b. All records shall be sufficicnt to dctcrminc compliancc with thc requirements and objectives of~e Scope of Work - Attachment A - and all other applicable laws and regulations. c. The Contractor, its employees or a~cnts, including all subcontractors or consultants to be paid from funds provided under this Al~rcement, shall allow access to its records at reasonable limes to the Department, its employees, and agcnts. "Reasonable" shall be construed accordinl~ to thc circumstances but ordinarily shall mean durinl~ normal business hours of 8:00 a.m. to $:00 p.m., local time, on Monday through Friday. "Agents" shall include, but ,~ot be limited APR 2 8.1998 I to, auditor~ tetak~ by the ~~t. a. The Contractor shall provide the IX'pal~ent with the repons identified in Attachment A, in accordance with the dates specified therein. b. If all r~luired reports and copies prescribed above ar~ not sent to the Deparlment or arc not completed in a manner acceptable to the Depariment, the Department may withhold fvrther payments until they ar~ completed or may take such other action as set forth in paragraph (9). Thc Department may terminate the Al~'ccmcnt with a Contractor if reports arc not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with sencrally accepted principles and is consistent with the Scope of Work. c. Upon reasonable notice, the Contractor shall provide such additional program updates or information as may be required by the Department. ?. lflD_IEcT_QliIN_~. The Contractor shall constantly mon/tor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attaclunent A to this Agreement. S. ~. a. Except as otherwise provided in subparagraph (b) below, the Contractor shall be solely responsible to parties '~th whom it shall deal in carrying out the terms of 4 this Agr~ment, and shall save the Department harmless against all claims of whatever nature by third panics arising out ofth.e p i'on=ance ofwork under this al~ement. For purposes ofthis a~reement, the Contractor a~'ees that it is not an employee or Rent of the Department, but is an independent contractor. b. Any Contractor who is a state ~enc~ or subdivision, as defined in Section 768.28, ~ atrees to be fully respons~le for its negligent acts or omissions or tort. ions acts which result in claims or suits agnlr~_~ the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immun/ty by any Contractor to which sovereign immunity applies. Nothing herein shall be consu'ued as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. DEFAULT: REMEDIES: TERMINATION. a. If the necessary funds are not available to fund tiffs Agreement as a result of action by the Legislature, the Office of the Complroller, I:EMA, DOE, or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terrn[n~,te. The Department may, a! its option, exercise any ofthe remedies se~ forth herein and the Department may make any payments or parts ofpayments after the happening of any Events of Default without thereby waiving the right to exercise such · remedies, and without becoming liable to make any f-unher payment: APR 1998 bo (1) If any warranty or representation made by the Contractor in connection this Agreement shall at any time be false or misleading in any respect, or if the Contractor shall fail to keep, observe or perform any ofthe terms or covenants contained in this Agreement and has not cured such in timely fashion, or is unable or unwilling io meet its obligatio~ thereunder, (2) If any material adverse changes occur in the finan¢i,,~ coition of the Contractor at any time during the term ofthis Agreement as indicated by the financial condition revealed in any repons filed or io be filed with the State of Florida or another source, and the Contractor fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (3) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information. (4) Ifthe Contractor has failed to perform and complete in timely fashion any of the services required under the Scope of Work (Attachment A). Upon the happening of an Event of Default, the Department may, at its option, upon written notice to the Contractor and upon the Contractor's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: Co (2) (4) Terminate this A~-eemen~ provided thst the Coo~ is ~iven st ~ thirty (30) days prior written notice of such teflllinatioD. The notice shall be effective when placed in the United States mail (first class), postage prepaid, b~ registered or cerlified mail-r,~im receipt r~xtuested, to the address set forth in parapaph 10 herein; Commence an appropriate legal or equitable action to enforce performance of this Alp'cement; Withhold or suspend payment of all or any part of a request for payment; Exercise any corrective or remedial actions, to include but not be lirnitcd to, requesting additional information from the Contractor to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if thc situation is not corrected, advising the Contractor to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Contractor to reimburse the Department for the amount of costs incurred for any items determined to be noncompliant; and (5) Exercise any other rights or remedies which ma~ be otherwise available under law. The Department may tcrlTtinate this Agreement for cause upon such written notice as is reasonable under the circumstances. Causes shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws sad regulations; failure to perform in a timely manner;, and refusal by the Contractor to 10. de permit public access to any document, paper, leiter, or other material subject to disclosur~ trader Chapter 119, ~ as amended. Suspe~ion or tetmi~tion constitutes final a~cacy sction under Chapter 120, ~ as amended. Notification of suspension or tetminalion sludl include notice of administrative proc_-~_ ~-~ rights and applicable time frames. The Contractor shall rentrn funds to thc Department if found in non-compliance with law~ rules and regulations Sovcr-ln$ the use of the funds or this Agreement. This Agreement may be t~inated by the written mutual consent of the parties. It is agreed that such mutual consent shall not bc unreasonably withheld. In the event of termination Contractor may bc paid for all noncancellable costs and obligations incurred in performance of this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Contractor. The Department may withhold any payments to the Contractor for purpose of set-off until such time as the exact amount due the Department from the Contractor is determined. NOTICE AND CONTACT. a. All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, mum receipt requested, to thc representative identified below at the address set forth below and said notification attached to the original of this Agreement. ll. The name and ~ldres~ of the Department contract manager for this Agreement ~: Daniel Arlotti Depar~ent of Community Affairs 2555 Shumard Oak Boulevard. Tallahassee, Fl 32399-2100 The name and address of the Representative of the Contractor responsible for the administration of this Agreement is: Robert Fernandez, Adminiswator Collier County Board of Commissioners 3301 Eas~ Tami~r~ Trail Naples, F1 33962 d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of~e name, title and address of t~e new representative will be rendered as provided in 10.a. above. OTHER PROVISIONS. a. The validity of this Agreement is subject to the truth and accuracy ofall the information, representations, and materials submitted or provided by the Contractor in this Agreement, in any subsequent submission or response to the Depaz~ent's requests, or in any submission or res~nse to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack ofaccuracy thereof or any material changes shall, at the option of the Department and wi~in flfirty (30) days written notice to the Contractor, cause the termination of this Agreement and the release of the Department from all its obligations ~o the Contractor. 9 APR 2 8 1998 p,. // This Agreement shall be conslrued under the laws of the State of Florida, and venue for any actions arising out ofthis Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be de~med null and void io the ~'xtent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by ~e Contractor shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent defaul! by the Contractor. Any power of approval or disapproval grar~ted to the Department under the terms of this Agreement shall survive the terms and life of th. is Agreement as a whole. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. The Contractor agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 ~ see_.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, lransportation, State m~d local government services, and in telecommunications. A person or affiliate who has been placed on the convicted vendor lis~ following a conviction for a public entity crime may not submit a bid on a contract to provide lo 12. =ny goods or serviccs to a public entity, may not submit a bid on a contract with public entity for tbe construction or rcpair ofl public building or public work, may not submit bicis on leues of real propew/to ~ public entity, may not be awarded or perform work u a contractor, supplier, subcontractor, or consult*~t under ~ contract with a public entity; and may not trimsact business with any public entity in exce~ of Category Two ($15,000 in S~nber, 1996') for a period of 36 montl~ from the date of being placed on the convicted vendor list. U CO rrR CTS. a. If the Contractor subcontracts any or all of the work required of the Contractor under this Agreement, the Contractor agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal law~ and regulafiom and the terms and conditions of this Agreement, and (ii) the subcontractor shall hold the Department and Contractor harmless, consistent with Paragraph 8 agreement, against all claims of whatever nature arising out of thc subcontractor's performance of work under this Agreement. b. This Agr~ment contemplates subcontracts with municipalities within the Contractor's county. Attachment A describ~ item.~ to be included in the Scope of Work for those subcontracts. The Scope of Work for subconn-ac~ shall not be modified withou~ wri~n authorization fi'om the Ik-parnnent. The contractor shall provide copies of those subcontracts with the municipalities to the Department within ten (10) days of execution. 11 APR 2 8 1998 ! P,. DOCUMENT MISS1NG ITEM # 16D2 Page 14 identification ofpartici~g and non-participating municipalit/es, in order to reflect the r~-vised contract amount rep~ the tev/sed total nllocation to the Contractor. 16. STANDARD CONDITIONS. The Contractor agrees to be bound by the following standard cond/tions: a. The State of Florida's performance and oblipfion to pay under this Agreeme~ is contingent upon an annual appropriation by the Legislature, and subject to any modifi~tion in accor~ce with Ch~ter 216, l:lOrid~ Stattrtq or the Florida Constitution. b. This agreement is not renewable. c. All bills for fees or other compensation for services or expenses shall be submitted in deta/l sufficient for a proper pre-audit and post-audit thereof. d. Travel expenses are included in the total compensation provided herein and shall not be separately compensated. e. The Department reserves thc fight to unilaterally cancel this Agreement for refusal by the Contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Staivtes and made or received by the Contractor in conjunction with this Agreement. f. The State ofl:lorida will not intentionally award publicly-funded contracts to any contractor who knowinl~ly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act C'INA")]. The Department shall consider the employment by any contractor of unauthorized 13 APR 2 8 g98 pg. . aliens n vio¼tion of Section 274A(e) of the ENA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA ~ be grounds for u~l~teral cancellation of this Agreement by the Department. 17. ~;TATE LOBBYING PROI-ffBITION. No funds or other resources received fi'om the Depm'tment in connection with this Agr~ment may be used directly or indh'ectly to izu'luence legislation or any other official action by the Florida Legislature or any state agency. 1 Ii.COPY'R.tGHT. PATENT AND TRADEMARK a. If the Contractor brings to the performance of this Agreement a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides other~vise. b. If any discovery or invention arises or is developed in the course ofor as a result of work or services performed under this Agreement, or in any way connected herewith, the Contractor sha]l refer the discovery or invention to the Department for a detern~tation whether patent protection wi J1 be sought in the name of the State of Florida. Any and all patent righ~ accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, rnanuais, films, or other copyrightable material are produced, the Contractor shall notify the Deparlznent. Any and all copyrights accrt~ng under or in connection with the performance under this Agreement are hc~'eby reserved to the State of Florida. c. With~ thirty (30) days of execution oftl~s A~eement, the Contractor shall 14 I~l~, /:- L.' .o APR 2 8 1998 ,,o.. disclose all intclleci~ properties relcve~ to tbe pcrt'~ of O~i~ ~t which hc or she knows or should know could ~iv¢ ri~ to & paten! or copyright. intellectual prol:~ which is so disclosed. Failur~ to disclose will indicaIe that no such propcr~ exists. The Department shall then, under Paragraph b, have ibc right to ~ patents end copyrights which occur dur/ng performance of the Aireemcnt. Thc Contractor shall be granted a royalty-free noncxclusive license to usc patented or copyrighted material for research or educational ptnlX,ses. 19. LEGAL AUTHORIZATION. T~c Contractor certifies with respect to th/s Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Contractor also certifies that thc undersigned possesses the authority to legally execute and bind Contractor to the terms of this Agreement. 2O. VENDOR PAYMBNTS. Pursuant to Sect/on 215.422, Flor/da Statutes. the Department dutll issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue thc warrant within forty (40) days shall result in the Department paying interest at a rate as established pursuant to Section $$.030) Flor/da Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant 1S Vendors experiencing problems obtaining timely payment(s) from a state agency nay receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State Comptroller's Hotline at 1-800-845-3792. IN WITNESS WI-~REOF, the panics hereto have caused this contract to be executed by their undersigned officials as duly authorized. FOR ~ COUNTY: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Authorized County Official Barbara B. Berry, Chairman Board orCgun~y Commissioners Name/Title Date: BY: Date: Authorized Department Official Name/Title SAMAS Number 159-6000558 Federal Employer ID Number DWIGHT E. BROCK, CLERK BY: (Deputy Clerk) A~ved as to Fo~v~_gal Sufficiency Tl{omas C. Palmer, Assistant County Attorney 16 APR 2 8,1998 ,,.. // ATTACItMENT A SCOPE OF WORK LOCAL MITIGATION STRATEGY The Conlractor shall develop a Local Mitigation Strategy (the LbtS) using the Deparlment of Commurdty Affalrs'(DCA) publication The Local Mitigation Strategy: A Guidebook for Florida Cities and Counties, here. a.eter referred to as "the Guidebook, "as well as other applicable guidance. Contra~or shall solicit municipal participation ia this process, through subcontracts with each municipality within the county, in order ~ achieve a single .nified, LMS. Subcon~ract~ with Munici_ualifies The Contractor shall solicit the participation of each municipality in the county, in the preparation of a single, unified Local Mitigation Strategy, by written communication to the Chief Adminis~tive Official of each municipality. That communication shall reference the Department's notification to the Contractor and the municipalities regarding the Local Mitigation Strategy and shall advise of the availability of the Local Mitigation Strategy funding for the municipality, in an araount identified by the Department. The communication shall include a subcontract between the Contractor and the municipality for the municipality's review and execution. The subcontract shall include appropriate terms and couditions and a scope ofwork supplementing the Contractor's work, as described hereafter. The Contractor sha].l supply to the Department copies of executed subcontracts with municipalities within ten (10) days of execution. The Contractor shall be paid an amouat equal to 10% of each subcontracting municipality's allocation from the Department (the administrative fee), to compensate for the expenses of srlmlnlstering the subcontract In the ev~t that a municipality declines to participate through the subcontract, the Contractor will not receive the administrative fee for that municipality but the Contractor may retain 50*/, of the municipality's allocation from the Department, to compensate for costs ass~iated with hazard identification and vulnerability assessment. If the Department determines it necessary, the parties agree to amend this Agreement following the Krst contract period, and identification of participating and non- participating municipalities, ia order to reflect the revised contract amount representing the r~vised total allocation to the Contractor. Payment and Deliverables Schedule This is a ~xed-fee contract. The Dcpax~cnt will pay compensation at the end of each contract period, based on completion of activities identified in the scope ofwork, the submission of all deliverables listed below within O~e scheduled time frame, and a determination by the Department that Contractor has satisfactorily completed the pertinent activities and deliverables. At the end of 17 APR 2 8 t998 ! ,,.=/¢_ ! thc first contract p~fiod the Contractor may be paid 20% of the total contract amount, 20 % at the end ofthe second contm~ period, 4(P,4 at the end of the third contract period, ~nd the remaining 20% of the total contract amount at the end of the fourth and final contract period. Contractor shall submit 811 deliverables in a typewritten and bound formal Thc final deliverable shall be a compiled Local Mitigation Strategy document. All submissions to the Department shall be addressed to thc ~ent Contract Msmger. Contrsctor shall provide three (3) copies of all deliversbles. I. 1st Contract Period -Deliverables due .Tune 30. 1998 On or before June 30, 1998, Contractor shall, as discussed in Sections I and 2 of the C~idebook, establish a Working Group to oversee the development ofthe local mitigat/on strategy, and designate ,, contact person for this group. Broad representation of interests should be evident in the membership of the Working Group. It should include local government representatives, citizens, and adjacent community representatives, representing a broad range of interests, organizations and agencies. The Working Group shall include a representative from each subcontracting municipality, and should include a representative of each municipality, regardless of whether the municipality enters into the subcontract. Contractor shall establish a regular meeting schedule for the Working Group, providing, at a minimum, for quarterly meetings of the Working Group. Subcontracts with municipalities shall provide for municipal participation in the Working Group by at least one representative from the subcontracting municipality and shall designate that person or persons. The designated municipal representative(s) shall be responsible for supplying information required from the municipality by the terms of this Scope of Work and the terms of the municipal subcontract. On or before June 30, 1998, Contractor shall provide the Department with the following deliverables: A listing of all executed subcontracting agreements between the Contractor and participating municipalities, identifying the municipal contact person for e~ch subcontract. Contractor shall also provide a listing of those cities that have elected to have the county complete planning efforts associated with the development ofthe Local Mit/gat/on Strategy, and a listing of those municipalities that have elected not to participate in the LMS process. A listing of Working Group members, identifying the name and sf~iliation of each member, and identi~ing the Working Group contact; A schedule of Working Group meeting dates; Minutes from all Working Group meetings held during this period. Be On or before June 30, 1998, Contractoz shall, as discussed ia Section I of the Cruidtboo~ identify and list procedures to resolve conflict between governmental entities that may arise from the development of the Local Mitigation Strategy. The Worlcing Group may use the processes included in the Intergovernmental Coordination Element ofeach local government 18 APR 2 8 1998 [ Comprehensive Growth Management Plan, or other appropriate alternatives. Contractor shall submit the listed procedures to the Department on or before June 30, 1998. Municipal subcontr~--ts shall require that the municipal r~presentative to the Working Group actively assist in the development of these procedures. As discussed in Section 3 ofthe Guidebook., estabUsh evaluation criteria and procedures to regularly review, update and revise the Local Mitigation Strategy to ensure it remains current and reflects cf:ranging conditions within the community. Evaluation criteria and procedures shall provide for review, update and revision ~tivitics using a Working Group establi.~bed -nd popuiated ns provided herein. Municipal subcontracts shall require tl~t the municipal representative to the Working Group actively assist in the development of these criteria and procedures. Written evaluation criteria and procedures shall be submitted to the Depax'anent on or before June 30, 1998. As outlined in Section 4 of the Guidebook, initiate development of the Community Guiding Principles. First, identify and list government entities that perform hazard mitigation functions, including those at the federal, state, regional and local levels. List the functions that these agencies provide. List and describe all existing county, regional and municipal policies, ordinances, and programs that affect hazard mitigation activities, including, but not limited to, those found in the pertinent local government Comprehensive Growth Management plans, comprehensive emergency management plan, the emergency management 5-year strategic plan, local floodplain ordinances, stormwater management plan policies, and local building codes. Finally, evaluate these existing mitigation policies, ordinances and programs to determine their effectiveness at reducing the potential for loss of life and property as a result of a disaster. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these Community Guiding Principles. Municipal subcontracts shall also require that the municipality submit the following to Contractor reasonably, as determined by the Contractor, in advance of the Contractor's June 30, 1998 submission to the Department: The listing of municipal agencies and the mitigation functions they provide. Include a narrative description of how these agencies help reduce losses from hazards. The listing of existing municipal policies, ordinances and programs that affect mitigation; An evaluation of exis',ing municipal mitigation policies, ordinances and programs, describing their effectiveness at reducing losses of life and property. The Contr~tor shall compile comparable information for unincorpontted areas ofthe County, and combine it with information submitted by or pertaining to all municipalities, for submission to the Department by .lune 30, 1998. APR 2 8 1998 II. 2nd Contract Period .Deliverables due by October 31. 1998. As outlined in Section 4 of the Guidebook and drawing fi'om the evaluation ofexisting mitigation policies ordinances and programs completed in the previous contracting period, provide the following to DCA by October 31, 1998: A single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation. An analysis of how existing policies, ordinances and programs could be ~engthened to achieve the mitigation goals and objectives of the community. Municipal subconu'acts shall require that the municipal representative to the Working Group actively assist in the development of the single list of mitigation goals and objectives and in the analysis of the s~engthening of policies, ordinances and programs. Co Begin ha?ard identification and vulnerability assessment activities as outlined in Section $ of the Guidebook and as described in the Hazardldentification and VutnerabilityAssessment supplement. Provide the Department, by October 31, 1998, with an inventory of the data which ,,,,'ill be gathered by the county and participating municipalities. Identify responsibilities for collecting all data and identify potential data sources. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist ia the county-wide hazard identification and vulnerability assessment activities and, in particular, be responsible for a:rsia~ the identification of municipal data sources and the provision of all municipal data and data regarding municipal facilities necessary for performance of the Hazard Identification and Vulnerability Assessment. As outlined ia Section 2 of the Guidebook, identify private sector interests who would benefit fxom participation in the LMS process and identify how private sector involvement in LMS activities will be accomplished. Establish contact with relevant interests in the local business community and appropriate citizen groups to foster, encourage and obtain their participation. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of private sector interests and methods for private sector involvement. Submit the followiag to the Department by October 3 l, 1998: Identify the private sector interests that are participating in the LMS process. Identify roles and responsibilities to strengthen private sector involvement in the LMS process. As discussed ia Section I of the Guidebook, by October 31, 1998, submit to the Department procedures to prioritize both municipal and county mitigation initiatives. Include how the LMS Working Group will use hazard identification and vulnerability assessment data to 20 Anad~m~t A - Scow M'Wad: identify potential mitigation initiatives. By October 31, 1998, submit Working Group meeting minutes to the Department for all meetings occurring during this period. 3rd Contract Period -Deliverables due by_ A_oril 30. 1999: Complete the hazard identification and vulnerability assessment activities as outlined in Section 5of the Guidebook and ~ described in the Hazard Identification and Vulnerability Assessment Supplement. By April 30, 1999, create a county.wide multi-hazard map based on the information supplied ~ the County by the Department. To ~sis~ the Contractor with this task, the Department will provide the following: Paper maps of the county-wide hazard areas vulnerable to storm surge, inland flooding and wind, *long with tables listing ~e results of the risk analysis providing, in particular, an estimate of potential costs and the likelihood of specific ~'opical cyclone events. 1. A CD-Rom containing the following: a. the results ofthe risk analysis for tropical cyclone events in a dBASE III format, and b. the demographic and property data on which the risk analysis was based. Municipal subcontracts shall require that the municipal representative to the Working Group be responsible for gathering and supplying Contractor with the following information: Municipal critical facilities invemory (see auached lis~ of critical facilities and categories compiled by the Department) Lisl/ng of other municipal public buildings and facilities Repetitive loss data for slructures within the municipality's jurisdiction Hazardous materials sites within the municipality's jurisdiction (facilities requh~ · to report under Section 302 of the federal Emergency Planning and Community Right-To-Know Act, 42 USC 11001, et seq, and implementing regulations) C. Historical flood data within the municipality's jurisdiction Contractor shall compile comparable information for the unincorporated areas of the County and combine it with all municipal data described above for submission to the Department on ot before April 30, 1999. D. Coutractor shall submit GIS information to the Department in completion of the 21 APR 2,,8 1998 Ho following deliverable requirements in a GIS ARCView "shape ~e' or ARCInfo "coverage" format. The Contractor shall compile and submit the following to the Departmem by April 30, 1999: GIS rata indicating critical facilities (including latitude and longitude coordinates), repetitive loss property data, hazardous materials sites (inclua;~ latitude and longitude coordinates and identity of facility), and designation of areas that historically flood. Text shall accompany all data explaining the conditions (rainfall, river gauge measures etc.) accompanying any historical flood data. Conwactor shall submit a list of potential mitilation initiatives as discussed in Section 6 of the Guidebook to the Department by April 30, 1999. The list shall be based upon the Commuaity Guiding Principles and Hazard Identification and Fulnerability Assessment data developed in preceding contract period and compiled through the procedures established in the second contract period. The list shall include potential program, project, and policy initiatives at the county and municipal levels that have the potential to reduce losses of life and property from natural disaster events including but not limited tO: 2. 3. 4. initiatives to reduce vulnerability studies (including engineering studies) to identify cost beneficial mitigation activities existing mitigation initiatives identified in existing local government Capital Improvements Plans for future funding consideration recommended program and policy actions and revisions to further promote effective hazard mitigation. By April 30, 1999, Contractor shall provide a progress report of private sector participation into the LMS process. By April 30, 1999, Contractor sho, dl identify potential funding sources for the list of potential mitigation initiatives. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of potential funding sources. The identification of these potential sources shall be included as an attachment to Working Group minutes submitted to the Department by April 30, 1999. By April 30, 1999, Contractor shall submit Working Group meeting minutes to the Depmtment. Meeting m;nutes shall include the presentation and acceptance of the following by April 30, 1999: 1. all baT:ard identification and vulnerability assessment activities 22 ,,o. APR 2 8 2.. ~c 1~ of potential mitigation initiatives Ce 4th Conlract Period -Deliverables due by Au_mts't 31.1999: Contrec~r shell submit the Working Group meeting minutes to the Department by August ~1, 1999. Contractor shall provide a final prioritized list of mitigation programs and initiatives, coupled with potential funding sources and recommended dates for implementation, to the Dcparunent by August 31, 1999. - Contractor shall submit the ~ Local Mitigation Strategy as a compiled document to the local governing body for formal adoption. Contractor shall ensure that document includes the list of policy recommendations and prioritized mitigation initiatives that have been agreed upon by the Working Group. Contractor shall provide three copies of the document to the Department by August :31, 1999. Contractor shall provide the Department with copies of any action taken by the local governing body upon consideration of the Local Mitigation Smategy. [Remainder of Page Intentionally Left Blank] 23 leo. / ~ ~r~.-,. _ 2.. the list of potential mitigation initiatives 4~h Contract Period -Deliverables due by Aunust 31.1999: Contr~'tor ~ submit the Working C-toup meeting m~utes to the Department by August 31, 1999. Contracurr shall provide a fiaal prioritized list of mitigation programs and inifiativex, coupled with potential funding sources and recommended dates for implementation, to the Department by August 31, 1999. Contractor shall submit the final Local Mitigation Strategy as a compiled document to the local governing body for formal adoption. Contractor shall ensure that document includes the list of policy recommendations end prioritized mitigation initiatives that have been agreed upon by thc Working Group. Contractor shall provide three copies of the document to the Dcpartment by August 31, 1999. Contractor shall pwvide the Department with copies of any action taken by the local governi,~g body upon consideration of the Local Mitigation Strategy. [Remainder of Page Intentionally Left Blank] 23 Auachment B Federal Lohbyin~ Pro~'bitions 'me Con~,actor ce'tifies~ by ~ signature to this Agreement, tim to the best ofl~ or her knowled&e and belief: (e) (0 No Fede~ sppro~d funds have been paid or wR! be paid, by or on hal--If of the undersigned, any ~ for i~uencing or attempting to influence an offkzr or employee of any a&ency, a Member of Con[~, an offic~ er employee of Congres~ or an employee of a Member of Congress in ceanect~a w~ the awtrding of any Federal oontract, the m~dng of any Fede~ the making of any Federal loan, the modification of any Federtl contract, ~ant, loan or coope~tive a~reement. If any funds other than Federal appropriated funds have been paid or wig be paid to an), penon for influencing or attempting to influence an officer or employee of any a~ency, a Member of Congress, an officer er employee of Con~ress, or an employee of a Member of Con~re~ in connec~on with this Federal conwack Irant, loan or cooperative agreement, the undersigned ~ complete and submit Standard Form- LLL, 'Disclosure Form to Report Lobbying," in accordance with its instruc~ons. The undersigned shall require that the language of this certificatien be included in the award documents for aU sub-awanls at all tiers (including subcontracts, sub-grants, and contracts under ~rtnt~ loans, and coopera.qve agreements) and that all sub-recipients shall certify and dL~:lose accordingly. This certification is a mater~al represen~tion ot' fact upon which reliance wa~ placed when this transaction w~s made or entertd into. Submission of this certification is a prerequisite for m~ing or entering into this tr'~sac~ion imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification s~all be subject to a civil penalty or'not less than $10,000 and not more than $100,000 for each such failure. Contractor Name and Title 24 Aen 2 8 998 I I Auacinnent C I~0 St~d~d Cond~tiom A. Contractor shall assist the Department in complyinl with the Sta:e Energy Couserva~on Pros;ram as dcscn'b~ in the Code of'Federal Re~lations, Title 10, Parts 420 and 450 and ~idance issued by the U.S. Department or Energy and subsequent guidance L~ued by the U.S. Department of Energy; the Financial Assistance Rules descn'bed in Title 10, Part ~0, u well u those regulations and agreements concemin$ the use ofoil overcharge recovery (Peu~leum Violation Es:row) funds. In particular Con~ractor ~ a~ist thc Depmmient in complying with M.D.L. no. 378 Settlement As;r~,ment and any subsequent orders of the Court or guidance or dL-'~tt~s ~:~m the Federal Deparuneat of Ener~,. B. The Con~'~.'tor ~ to comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employmexrt Opportunity,'* as amended by Executivt Order 11375 of(k~ber 13, 1967 and as supplemented in Department of Labor regulations (41 CFR. Part 60). In accordance with the above laws and regulations, the Contractor agrees to ~ to the extent of the coverage of this A~reement, that no person in the United Stat~ shall, on the grounds of r~c~, color, national orisin, sex, age, or handicap, be excluded ~ particil:mflon in, be denied the benefits of, or be other, vise subjected to discrimination under any program or a~vity in which the Dep~r~ment receives federal assistance from the Depatmient of Energy. C. Thc Contractor shall permit the Department, or is duly authorized repr~-ntative, to monitor the project perta~ninS to this Agreement as deemed necessary by the Department The Recipient will monitor its subcontractors. D. Thc Contractor certifies that neither its orsanizatlon nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor may not make any subcontract to a debarred or suspended party. A current lis~g of such parties is mainta~ed by the Depa:*~ment for review by Contractors. E. If this ^grccment or any resulting subcontract is for an amount in excess of $100,000, the Recipient mu~t comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. IS57(h)), Section 508 of thc Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 2S APR 2 8 | Attachment D Critic~! F~cllities Listin~ Emergency Medical Services F~ Stolon Hazard Material Site Hospital Florida Highway Paltol Land~ - Active Landfill - Inactive Landing Zone Military Base Nursing/Convalescent Police Department Potable Water Radioactive Site Red cross Refuge of Last Resort School Shelter Special Needs Shelter Sheriff Department Sewage Treatment Facility Tr.n-~poration Facility Water Treatment Facility Attachment E Local Mitigation Strategy Funding Allocation Collier County Jurisdiction Grant Award Everglades 7500 Marc~ Island 7500 Naples 15000 Unlnc 75000 Total Award: $105,000 The total award listed above will be committed through a contract between the Department of Community Affairs and the County. Ail awards are intended to address activities outlined in that contract and in the Department's publication, The Local Mitigation Strategy: A Guidebook for Florida's Cities and Counties. As a condition of accepting this award, the County shall subcontract the municipal awards identified above. The final deliverable of all contracts shall be the development of a single, unified mitigation strategy. In addition to the total award listed ab~.ve, the county will receive an amount equal to ten percent (10%) of each subcontracted municipal award to assist in the coordination and administration expenses associated with this project. 26 SUMMARY BZCO~ATION TilAT Ti~ BOABD Olt COUNTY COMMISSIONERS AWARD BID $~-2791 ltOit BO~ IAGilTING IN PELICAN BAY AND APPROV~ A BUDGET AMENDMENT FOR 'rRANS~R Olt FUNDS FROM CAPITAL OUTLAY TO OTHER OI~RATING ~ of tl~ fuml~ ftmn ~ Orally to Other Operating Suppli~ (Fund 778 1~2701 65299o). TI~ GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners sward Bid ~98-2791 in th~ ammmt of S~,74o.oo ~o Sto~Sh~ Corp. fo~ ~m~meat ~'d lishts within ~ l~y mi · ~ Ammda~ tramfe~ring funds from Capital Outlay (Fund 7'/S 182701 763502 0) to Other Operating Supplies (Fund T78 182701 652990 0). PRt~ BY: ~ REVIEWED BY: ~, . DATE: Steve ~mell, o Pm'cl~siu{ Director AUg:bcd: Bid T~bulsfion APR 2 8 998 Pa / _ TABLrL~TiON£OR. BZD "/9~ i~STI'NGDATE: Ma~rch I~ 1995 'BOLLARD LIGETING' OPENING DATE: APRIL l, 1995 INVITATIONS SENT TO: ~0 V~dors Prompt pa.-.-ment Terms: Addenda Ac~owledged: "No Bids" received from: Net ~0 days Net 30 days Net ._~ days Ne~ ~0 da.','s ~ NO YES NO YES NO YES NO WIT%'ESS: t6WA1RD PROC£DURE: Copies of all Pr~ and Tabul~ons for this bid have been forwarded to the initiating depzrzmem. ~ all proposals at~ evzluated, me r~ammendation of sw~d will be posted (typically on Wednesday. or Thursday) outside the offices of the Pm, chasing Deparune~ prior to the pnms~adon of mm'srd to the Board of County Commissioners. Parties interested in the status of the ~-ard process m~.' contlct the PLm:huing ~c~t st 941/T'/4.-842~ to verily ~c officiai sums of each contrlct. Subsec~t to mvard, the a~lrdee ~'ill be notifie~ by r~lease of a purchase order or vc~elpt ora conulct for stgnat~.. API~ROVAL OF BUDGET AMF. ND~ ~ ~ - Gm T~ (Fund aunt Snm~m~ No. 9S-209 APR 2 8 ~998 ~.~! BOARD OF COUNTY COM3~SSIONEI~ MISCELLANEOUS CORRESPONDENCE APRIL 28, 1995 FOR BOARD ACTION: 1. MiS~JI=LLANEOUS I~EMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Affordable Housing Advisory CommiUee - minutes for Jnnuary 12, 1998. Referred to BCC. B. Airport Authority - agenda for April 27, 1998. Referred to BCC. C. Beach Renourishrnent/Maintenance Committee - minutes for March 5, 1998 and agenda for April 2, 1998. Referred to BCC. D. Code Enforcement Board - South - minutes and agenda for January 9, 1998. E. Emergency Medical Services Advisory Council - minutes for February 25, 1998. Referred to BCC. F. Environmental Advisory Board - minutes for March 4, 1998 and agendas for March 9, 1998, April 1, 1998 and April 13, 1998. Referred to BCC. O. Golden Gate Beautification Advisory Committee - minutes for February 12, 1998, March 10, 1998 and agendas for March 10, 1998 and April 14, 1998. Referred to BCC. H. Hispanic Affairs Advisory Board - minutes for February 11, 1998. Referred to BCC. I. Historical/Archaeological Prcscrvation Board - minutes for March 20, 1998 and agenda for March 20, 1998. Referred to BCC. Immokalee Beautification M.S.T.U. Advisory Committee - minutes for February 18, 1998 and March 18, 1998 and agendas for March 18, 1998 and April 15, 1998. Referred to BCC. K.Isle of Capri Fire & Rescue District- minutcs f°r February 5, 1998, Refcrrcd to BCC. L. Lely Golf Estates Beautification Advisory Committee - minutes for February 13, 1998, March 13, 1998 and agenda for March 13, 1998 and April 10, 1998. Rcfcrred to BCC. AGENg~ ~.~'EIq NO._ [L--,-~ · APR28 1998 Pg. No Oo Ro Other Bo Library Advisory Board - minutes for February 18, 1998 and Director's Report for March 18, 1998. Referred ~o BCC. Ochopee Fh'e Control District Advisory Board - minutes for January 5, 1998 and March 2, 1998. Referred to BCC. Parks & Recreation Advisory Board - minutes for February 25, 1998 and agenda for March 25, 1998. Referred to BCC. Pathway Advisory Committee - minutes of February 20, 1998 and agenda for March 29, 1998. Referred to BCC. Pelican Bay MSTBU Advisory Committee - minutes for March 4, 1998, March 17, 1998 and agendas for March 4, 1998, March 17, 1998 and April 1, 1998. Referred to BCC. Planning Commission - minutes for February 19, 1998, March 5, 1998, March 19, 1998 and agendas for March 19, 1998, April 2, 1998 and April 16, 1998. Referred to BCC. Public Vehicle Advisory Committee - minutes and agenda for December I, 1997. Referred to BCC. Productivity Committee - minutes for March 2, 1998. Referred to BCC. Water & Wastewater Authority - minutes for February 23, 1998. Referred to BCC. Memo from Charles Konigsberg, Jr., M.D., M.P.H., Collier Health Department Director - Health Unit's Fourth Quarter Contract Management Report - October 1, 1996 - September 30, 1997. Referred to BCC. Letter from Terry White, Executive Director of Area Agency on Aging for SW FL, Inc. - Quarterly Monitoring Visit Report - December 18, 1997. Referred to BCC. AGEI~)A ,,T,T EM APR 2 8 1998 , ~ TI~T ~ BOA~.D OF COUIITY CC~IZSSZCI~fe3t.q ~IIDO~.SE T~ ~Z~ ~ ~Z~'~ OF~Z~ ~ ~PLZ~TZ~ ~R ~~ ~R ~ STA~ OF ~R~, D~~ OF ~~ ~F~R'S ~X-D~ A~ FO~ ~ ~~. ~ TO obtain the Collier Co~=y C~ssion' s e~orse~n~ o~ ~he Sheriff's 0~ice gr~ application for f~ding fr~ the Florida ~pa~nt of C~ity Affairs' ~ti-D~g ~use Act Fo~la Gr~t Pr~ram for the Serious ~itual Offender C~rehensive Action Pi~ (SHO~) Pr~ram. CC~BID~ATIO~z At the request of the State Department of Co~,unity Affairs, the Collier County C~,~&ssion agreed robe the coordinating unit of government for local applications for the Anti-Drug Abuse Grant application ((April 1, 1997) Agenda Item 16 (H)I. The Collier County Sheriff's Office requests that the County Co~,~dssion execute the necessary documents to allow the formal application to be submitted for supplementary second year grant funding made available to the Sheriff's Office by DCA for one investigator, one vehicle, one personal computer and one printer for the SHOCAP Program. FISCAL IMPACT= Seventy five percent (75% or $46,012) awarded by State and twenty five percent (25% or $15,338.00) local matching funds from Fund 602 (Confiscated Trust Fund reserves 602-919010- 991000). ~OWTH IMPACTs This grant is a continuing four year grant program that requires reapplication each fiscal year. If the grant funds are terminated or other grant funding is not available at the end of the fourth year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION= That the Collier County Commission endorse the Anti-Drug Abuse Act Formula Grant application for supplemental APPROVED BY= fihcal year 1997/98 funding. .REPARED BY, ~~~ Captain Pa~Jc.a~.ady Youth & Pr~e'ent~ve Services Division Sheriff April 10; 1998 ITEM NO: FiLE NO.: ROUTED TO: DATE RECEIVED: DO ]~T W~ITE ABOVE T~/$ SPACE RE.ST FOR LEGAL SnVICES (Please type or print) Date: A~ril 10. 19~ To: Office of the County Attorney Attention: Thomas Palmer. From: Crystal K. Kinzel~ , (~a~e) Sheriff' s Offic~ (Divieio~) Re: Anti-Drug Act Formula Grant (Su.b~ect) , Finance Director (Title) Finance Division (Department) Program application BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background informatio~ . be specific, concis,, and l.-~i~ulate). On April 1, 1997 Agenda Item 16 (1), the Commissioners agreed to act as the local coordinating unit of government and endorsed the Certification of Participation in the Department of Community Affairs' Drug Control and System Improvement Program of the Byrne grant been made available application (Edward Byrne grant). The Sheriff is seeking endorsement for additional second year funding that has for the SHO.CAP program. {Are there do~uMnte or other information needed to review this Information). Ce~cification of Par~icipatlon THIS ITEM HAS/~ BEEN PREVIOUSLY SUBMITTED. (If previously m~b~ltted, provide County A~torney'l Office file number.) ACTION REQUESTED: (Be vez-y epecific. Legal approval of OTHF. R COMMENTS: C: Identify exactly what you need in the way of legal services. grant application. Don Hunter. Sheriff All requests must be cogied to ¥~ur appro~ri&~e Division Heed or Co~mtitu'.ional Officer.) ih~&: 1 esexe If yes, attach and reference thAs SFY 1~8 . ~ Cc~trcl ar, d-q)~ce,~ Irr~r~m~nt ~. ul~ Grar, t Prc~-~r~ 77~.tec~ t~ [~e c~tmd b~,~m Sub~,rantme: T/~i~ secc'~n ~ ~ con',p/ete~ l%r BC.,4: Nat're of Chief Elected C~Jal: Barbara B. BetTy T~e: Chairmanvoman, Collier County Commission Adc~e~: 3301 East Tamiami Trail, Building C~. Sate. Z~ Co, e: ~-e~ C~e/Phone No: (941) 774-8393 Naples, Florida 34112 $UNCOr"I No.: 774-8393 IArea Coc~e/T-ax Phone No: (941) 774-3e0 2. C'~;e~ Pi~cial Officer. Nz,"re ofCh~f~nanc~ C~ce.'. James Mitchell T~e: Finance Director, De,outy Clerk Address: 3301 East Tamiami Trail, Court Plaza III/2 .Cfi,. $:a'_-. ~o Code: Naples, Florida 34112 Area Code/Telephone No: ISLJNCOM No.: [~'e~ Code/F-ax Phone No: (941) 774 - 6179 !774-6179 ! (941)774 - 8356 3. Im~e.me,~n~:k~er, cv. (Go~mrnentA~encv Resoons~e for Pro[e~% Name of Chief ~xecud~ ~: Don Hunter'. Teds: Sheriff, Collier County Address: 3301 F~ast Tamiami Trail, Buildinc~ "J" C~y, State. Zip C, ode: Naples, Florida 34112 A~a Co~. e/Telephone No: ISUNCOM ~.: ~a C~ P~r~ ~: 941)774 - ~ [ 77~ 1(941) 774- 5735 4. Project Director ~ Contac:, Person. hr diEerent fi'om Pro]e~ Direr:or. (Employee of Govemrr.~n:al Imole.me,~ni: T~e: Captain, Youth and Prevention Services ~d~ss: 3301 ~s: T~i~i ~ail, Buildi~ "A" C~. Sm:e.~p Cede: Naples, rlori~ 34112 ~ ~9~ele~h~ ~o: iSUNCO~ No.: I~a Ccde~ F~ne No.: (~4i),,4 - ~z~ ] 774-92~ I (941)774 - 9168 N~e ~d T~e of ~oa~Fe~o~ Joyce Houran, Gr~: C~rdinator ~dress: 3~1 ~s: T~i~i ~ail, Buildi~ "J" C~. State, ~pC~e: ~oles, Florida ~112 · e Pg. ,,%c:~n II. ,ajoef I c! l F Serious F_~_Mi~ O~fet,zlet CcmFrehe~ive Action Plafl (SHOCJ~) l>ro~ram I"~r Pe,.gxt I'.lonth D~ - Year 8e~t-~nf 6 1 98 Er~nf 9 30 98 Abuse P~~' Eoa~, ~n, or ~ounc:~.' ¢~ me fro&ram o~~J gYes ONo I. If o~',ere'~u:the C~f ~ C~er) Ren'aWa'r~tto: ~llier ~t~ ~eriff's ~fice ~ui~din~ J - F~n~nc9 Division N°t~:7 jf me t~nCer o~m. rei~~m ~ ~ ~ ~ ~ ~er e~. Vendor · 59-6CX30-558 J 4. ~ · (Enter ~'~u ara a sm*,, a~encA: 5. V~ the Projec e~'n Project Generated Income (PC;O? O Yes Z~ No (See Sect;on H., Pam~"~p~ I ~r for · de~;n/~on or' PGI.) 6. VV'di ~e a~¢2~ ~ mques~nj an adv'~ce o~'fede~ funds? 0 Yes E~ No (if'Yes. a le.-~r ot'reque~, mu~, be ~ed.) AFR 2 1 D. Pro~,~'n I~t~ FF~' I PP7 8CA Cron= I~n~.emwn'~ Tm:t'.K, al~w VV'orlah~p IW. msu~. Set, nS. Use you in cornp~e6n~ ~ D. P,-c:~e,'n fde,',~:2~. 8riet~, describe a specie peobiem to be add~ssed wi~ ~ fbnds. Il'you att seekinf ~ ~ continue exJs'~f ~ ~. your' pr'ol:~rn s'~Mf'nent must a/so l:x'cMde · ~ SEE PAGE 2 OF INSTRUCTIONS ON ITEI~ TO INCLUDE S~ ~e~ow ~n~ ~re con~%e6~n ~.~s ms neces~ PROBL~ In early 1996, the Collier County Sheriff's Office initiated steps in developing and implementing a new program that would be instrumental in reducing the growing juvenile crime problem faced by Collier County. The program was called S.H.O.C.A.P. S.H.O.C.A.P. is an acronym for Serious Habitual Offender Comprehensive Action Program. The Florida S.H.O.C.A.P. Initiative is initiated and supported by a statewide partnership consisting of the Florida Department of Law Enforcement, the Department of Juvenile Justice and the Florida Department of Education. They provide training and guidance to any community wishing to implement their own S.H.O.C.A.P. program. S.H.O.C.A.P. is defined as being a legislatively designed program which creates a legal entitlement for various government and private agencies within a co~.~,unity to share information about juveniles who fit the cot,~,~unity's Sho-subject criteria. With this ability, the various community agencies in Collier County entered into a legal contract or interagency agreement that provides for this sharing of information. As it is compiled, this information is then utilized to make informed decisions concerning those criminal juveniles so that we can address their specific needs, implement a measure of accountability and afford the highest levels of protection to the community. In order to implement the S.H.O.C.A.P. Initiative in Collier County, the Sheriff's Office obtained grant funding through the State of Florida, Bureau of Community Assistance, Department of Community Affairs. This grant funding along with matching funds paid the salaries for four, full-time staff members as well as vehicles, office equipment, computers and cou~,,unication equipment. The first year of this grant has been successfully completed and the grantor has approved second year funding. Each community that implements S.H.O.C.A.P. c~a~s--e~ program that is different fr. om each other commun~.~y,~]~~-- Goals are based upon community needs and strateg~ a~e ~~ depending upon con~unity resources. Consequently, there is no model from which a co~T~nity can duplicate a successful program without making alterations to fit the needs of that specific c~,~unity - i.e., you learn and make alterations as you go. There is no model to duplicate. The Collier County S.H.O.C.A.P Initiative completed a very successful first year of identifying, assessing and prosecuting both habitual and first time violent felony juvenile offenders. In reassessing our program needs for our second year of operation, the Collier County S.H.O.C.A.P. team has realized that there is a greater need than originally anticipated for manpower hours to be spent in the field monitoring these juvenile habitual offenders that remain within the c~,~unity. The S.H.0.C.A.P. Supervisor and Investigator currently provide a portion of the time that is spent in monitoring these certain juveniles. Due to the Supervisor and Investigator's diversified duties such as court appearances, co,~,tunity partnership meetings, training and presentations being provided to the co~m~/nityand law enforcement, parent conferences, school visits, information gathering and documentation requirements, they cannot physically work a full-time day schedule and then go out every night and monitor 15 - 30 juveniles. In addition to not being cost effective, it is also inherently dangerous for these people to maintain this type of physical schedule on a daily basis. The daily monitoring consists of checking on juveniles who have been placed on court-ordered community control, home detention, or house arrest. These juveniles have specific requirements that they must meet on a daily basis. The current S.H.O.C.A.P. staff insures that the juveniles follow these requirements which may include, but are not limited to: remaining in the residence, keeping specific curfew hours, preventing associations with other criminals, and obtaining samples for random drug screenings. The current staff also makes assessments concerning home, work and family conditions as well as interacting with the juveniles on a daily basis. This constant supervision which is done at random hours also demonstrates to the juveniles they are no longer anonymous in their criminal lifestyles and will be held accountable for their actions. Furthermore, due to the geographics of Collier County, the staff is required to drive distances as much as 40 - 50 miles between cities in order to accomplish the daily monitorings. This monitoring is crucial to the success of the S.H.O.C.A.P. Initiative's goals and the rehabilitation of the juvenile offender. To augment our current efforts, the Sheriff's Office provides unbudgeted assistance in the form of two Youth Relations Deputies to work overtime to assist the current S.H.O.C.A.P. staff. These Deputies assist with all of the above mentioned duties. The Sheriff's Office has additionally instructed that the Patrol Division assist in these monitoring efforts wh~l~_ver ti~ is ay~slable bet~eep ca~ls for service. Unfortunatei~,--~-6~a-~=~l.~s e££orts cannot De oepended upon to be consisten~ a~ service are their primary mission. This extra support has kept the S.H.O.C.A.P Initiative productive and successful. Excluding the overtime hours currently utilized by the S.H.O.C.A.P. staff, an average of 50 - 60 hours of additional time is spent each pay period in order to conduct monitoring requirements. Although these efforts have temporarily relieved the problem, all concerned realize this is only a band-aid solution. In order to achieve the long-term goals the unit must be expanded to include another full time investigator. The primary focus of this investigator will be the growing requirements of Sho-subject daily supervision. It is with this purpose in mind that additional grant funding in the amount of $46,012.50 to implement or start up this position along with the necessary support equipment is requested. This funding would cover the time period June 1, 1998 through September 30, 1998. A local match of $15,338 from the Confiscated Trust Fund will be added to grant funds of $46,012 to total $61,350.00 for this enhancement to the program. The immediate needs are for all costs for a full-time investigator, a vehicle, radio equipment and a personal computer/printer. This funding will provide seed money to support enhancement to the S.H.O.C.A.P. Program until other funding is received or additional Byrne Grant appropriations are available next fiscal year. The Collier County S.H.O.C.A.P. Initiative is developing into a successful deterrent to the growth of juvenile crime. The Sheriff's Office is removing the habitual juvenile offenders from the community and rehabilitating our first time violent felony offenders. The continued success of this program will be contingent upon our ability to meet our current needs and adapt to future change. jh/a:SHPI PROGRAM DESCRIPTION On November 15, 1995 Collier County was selected for inclusion in the Florida Serious Habitual Offender Comprehensive Action Program (SHOCAP) Initiative. On October 1, 1996 the first grant funded fiscal year of the SHOCAP initiative began in Collier County, Florida. Collier County Sheriff's Office Captain Paul Canady is the Collier County SHOCAP Coordinator. SHOCAP is an information and case management program on the part of law enforcement, probation, prosecutors, social services, corrections and other co~nunity service organizations. SHOCAP enables the juvenile justice system to give additional focused attention toward juveniles who repeatedly commit serious crimes with particular attention given to providing relevant case information for more informed dispositions. In order to continue focusing upon the magnitude of the serious, intense and time consuming efforts needed to increase the number of prosecutions and convictions, continued grant funding is required to support the existing unbudgeted positions and equipment. Funding is necessary to add one (1) additional Investigator to the presently BYRNE grant funded SHOCAP program's Section Supervisor, one (1) Investigator, one(l) Analyst, and one (1) Data Entry Clerk/Secretary positions. The existing staff and the additional investigator will continue to augment the current juvenile programs that are reactive by performing additional, specialized tasks geared to increasing the number of serious habitual offenders that are arrested, identified and prosecuted. The basic strategy will continue to be coordinating and strengthening enforcement and prosecutorial activities at key points in the juvenile justice process. Early identification, enhanced tracking of serious habitual juvenile offenders and elevating their cases to a high priority will continue to be the cornerstone of this strategy. The program also includes early identification of pre-SH0 habitual juvenile offenders for intervention and prevention of their becoming serious habitual offenders. The SHOCAP Section Supervisor is responsible for supervising all members assigned to the SHOCAP Initiative. The Supervisor also conducts inspections to ensure that each file contains the required proper documentation. The Supervisor publishes monthly a complete list of all juveniles that have been identified as serious habitual offenders. The lists are distributed to all law enforcement agencies and other community partners on an "as-needed" basis. The SHOCAP Section Supervisor and Investigator and future investigator use the powerful impact of visual aids n~pe.~&,~{~ of the co,~u,,unity and all of the co~,unity partner ~. effort is made to educate government, the business co6~unity and the private sector about SHOCAP so that they can participate in the program and enhance its abilities. The primary responsibilities of the SHOCAP Investigator is to create files containing an accurate profile or case history, perform post arrest case enhancement, appear at court proceedings, assist in formulating informed sanctions and perform intense monitoring on the identified serious habitual juvenile offenders. The Investigator compiles, from c~,~t~unity partners and other sources, any information pertaining to identified SHO-subjects. This information is placed in the subjects file and the Go-Trak data base to document his/her history for later use by the courts. In addition, the Investigator creates documents that identify serious habitual juvenile offenders and distributes them as part of an ongoing effort to share information between community partners. The Investigator acts as a liaison between the SHOCAP office, the co~%~%unity partners and the juvenile justice system in order to maintain a constant exchange of information. The Investigator, Department of Juvenile Justice case managers and the prosecuting attorneys will examine each SHO-case in detail. They will consider the quality and legality of the evidence, strengths and weaknesses of law enforcement and civilian witnesses, technical problems, gaps in documentation and possible defense strategies. The Investigator assists with any post-case prosecution needs as well as attending all SHO-subject court appearances. The Investigator provides the court with a comprehensive history on all SHO-subjects and assists in formulating informed sanctions upon conviction that are in the best interest of the juvenile and the community. The Investigator also assists the Sheriff's Office Victim Assistance Bureau and Court Liaison Section. The Investigator ensures that all victims and witnesses on SHO cases are confident, well-informed, comfortable and available when needed. The Investigator assists with questions, courtroom and procedure orientation and transportation to and from court appearances. The SHOCAPAnalyst conducts daily screenings of juvenile arrests to identify serious habitual juvenile offenders. The Analyst then obtains the juvenile's criminal history and evaluates it by entering it into one of the SHOCAP databases. When the Analyst identifies a new or previously identified SHO-subject, she creates a file or retrieves the existing one on the subject. The Analyst then makes the basic information entries into the Go-Trak database system and the file before passing it on to the SHOCAP Investigator. In addition, the Analyst obtains subject photographs the notification form sent to the States Attorney'~ them of a subject's classification as a SHO. and creates Further, the Analyst collates all of the collected information on SHO-subjects and completes analysis on their trends of criminal activities. The Investigator and the co~,m~unity partners utilize this information to assist in pro-actively monitoring the SHO- subject's activities. Both the Analyst and the Investigator maintain a strong working relationship with the co~,~unity partners in order to encourage a continual and efficient exchange of information on SHO-subjects. The SHOCAP Data Entry Clerk/Secretary is responsible for all necessary data entry tasks on SHO-subjects. These areas include but are not limited to past arrests, field interview reports, school attendance, grade and discipline reports, contacts with the Department of Juvenile Justice, Children and Family Services and any other data necessary to create a complete profile on the serious habitual juvenile offenders. The Data Entry Clerk also assists the Analyse in the preparation of SHO-subject profiles. Her primary responsibility in this area is in the maintenance of the computerized and hard copy files kept by the SHOCAP section. In Su~='~mry, the Collier County Sheriff's Office proposes that one additional Investigator, a fully equipped/maintained vehicle, and a personal computer and printer be added the current BYRNE grant funded SHOCAP program. jh/a:sprdes ~_.-o,;7-4m Ot4eC.'v~.~ ~e,d PeF.¢ .r-ri'. ,trice hle~sures ~:e un:Form I:,'cD'~m ob~-c'.:'~s and pe~om'ance treasures (Fou~ in ~c. oe ~5,', V 1 ~r the au, bho4zed I:~O~'~rn area you w-~nt to in'i:~ement. Your al::pG:ndon is not corr~.Jete without them and an incorrxc;ete appF, c~'J~n ~ll ret be ccns;gered for suL-,~r~nt If the ~ area you selec:ed ~oes not have un~n'n ~c:~n-~rn ob~ec"Jves pub. Jisl'~d in this document cr ~f 7ou cannot retmte 7our o~ec'J~s to tbc~ ¢,ated. corrr~ct Tom P,,ishop at ~O4/488.D016 fcr ins',"~C'jons. CK~ NOT mix obiec'j-ves Dom d~erent Pro[~"~rn COMBINED WITH 98-CJ-8C-09-21-060 PROGRAM OBJECTIVES AND PERFOR3,£42qCE ,MEASURES Program Objective 16.A. 1 To review 1000 juvenile criminal cases and, using SHOCAP criteria, identify offenders who meet these criteria. Program Objective 16.A.2 To investigate, track, and monitor 50 juvenile SHOCAP offenders, especially those who are on community control. Program Objective 16.A.3 To charge and prosecute 20 juvenile as SHOCAP Offenders. Program Objective 16.A.4 To meet monthly with community partners to exchange information on SHOCAP offenders including criminal activity, school attendance, discipline problems, etc. Program Objective 16.A.5 To publish a listing of SHOCAP offenders, updated monthly, and disseminate it among community partners. A. :,_..,-:A Ii.c; .$, ,, APR 2 1 i5-q~/ Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local ,4$$i~tance Program) F. Project Budget Narrative IYou must descrilx line items for each applicable Budget Category for which you are] subgrant funding. Provide sufficient detail to show cost relation,nhips to projectl [requesting In addition, describe specific sources of matching fuada. activities. 1 Start below and use continuation pages a~ nece&Iary. Regular Salaries Overtime Incentive Social Security (7.45%) Retirement - High (27.10%) Health Insurance Life Insurance (.33%) Workers Compensation (3.52&4.63%) Total Salaries $23,680.00 1,190.00 560.00 1,940.00 6,880.00 3,500.00 100.00 39.000.00 EXPENSES: Auto expenses -gas/maintenance Total Expenses 1,000,00 1,000.00 Vehicle PC/Printer Portable Radio 15,000.00 3,050.00 3.300,00 21.350.00 GRAND TOTAL 61,350.00 These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carr~ out overall responsibilities. Pursuant to Section 932.705 (4)(A) Florida State Statute, matching funds of 25% of the project's cost will be provided by the Confiscated Trust Fund. Purchasing methods conform to existing policies, regulations and procedures. Net of all applicable credits does not apply. Allowable project costs will be expended or obligated during the approved subgrant period. JH/A:SBN3 Su~rant~Hcatlon Overtime in the Salaries and Benefits Category line item in Section G includes both salary, overtime and benefits. The position continues the net personnel increase established during the initial year of the grant program. ~--------._ A~.E: nAtIEM ,... _t 0 Sea~n H- 6 Ill I I I II II I II I ..... ' IIIIII I .c;y I,C,08 Dru~ Colll:rc~l ~nd ~¢y~,-.~n Im~r~e.m~nt f-crm.,u/~ ~n~ £rOj'~fn (E~',wan~ Syrne Memcr~ $~ ~d t~c# A~-ance frcf',w!.; P,-ci~ct E~;--t Schedule % ]'ne Projec Bud[et ~dule ~nck,:~es sFx E~iet Cam~s (~s ~nd Ee~?~. Con--al ~er~es. T~ or PHnt ~r ~un~ On~ h ~ia~e ~teDHes ud Lea~ ~e~ ~Wn~. B~et C~te~ Federal ~ To~l 5~es ~ Ee~ 29,250.~ 9,750.~ 39,~.~ Ccc~c~l Se~es O. ~ 0.~ O. ~ Ex~es 750.~ 250.~ 1,~.~ O~ng ~p~ ~y 16,012.50 5,337.50 2i, 3~.C0 Dam Pmc~g 0. ~ 0. ~ 0. ~ Irjim~ Co~ 0. ~ 0. ~ 0.~ To~s 46,012.50 15,337. ~ 61,350. ~ PROJECT BUDGET NARRATIVE SALARIE~ & BENEFITS= INVESTIGATOR $39,000,00 The SHOCAP Investigator (Certified Deputy) will be responsible for: identifying serious habitual juvenile offenders, tracking the designated SH0 juveniles, aid in preparation of trial mediums, monitor and support other bur- eaus or agencies, perform post-arrest case enhancement, appear at court pro- ceedings, follow the records of convict- ed juveniles into and out of juvenile justice system, examine SHO cases in detail, investigate the quality and legality of evidence, of police and civilian witnesses, technical problems, gaps in documentation and possible de- fenses, provide comprehensive profiles for the juvenile justice system, align with prosecution to project a respon- sible and unified posture to the Court, the defense, the jury and the community, appear at hearings, arraignments, trials and sentencings, seek bonds, commitments, and courtroom assistance when appropri- ate, work with Victim Assistance Bureau and Court Liaisons. The $39,000 salary/ benefits for this position is for eight months. A request will be made for a four month extension through January, 1999. SALARIES AND BENEFITS EXPENSES: S39,000.00 GAS/AUTO EXPENSES $1.000.00 This expense is for the everyday up- keep of the SHOCAP vehicle. The costs will include gasoline and main- tenance expenses. EXPENSES OCO: QNE UNHARF_~D VEHICLE FQR INV~$TI~ATOR An unmarked vehicle is needed by the Investigator as the certified officer will be spending a majority of the time out of the Section Office. $15,000.00 QBE PERSONAL COMPUTER $2,500.00 Rapid accurate information is needed by SHOCAP Section Investigator to link agency members to intelligence, Agency records, data bases, criminal and civil court records, to state and national criminal history files, to track information for profile data, for word processing, etc. One AT&T Globalyst 730 PC or comparable will be purchased with Pentium 100 MHZ, 3.5" 1.44 MB Video Memory, 16 MB SIMM Memory, 1.6 GB EIDE Hard Drive, 4x IDE CD-Rom, 16-Bit Sterio Sound Card, AT&T Talkback Speakers, DOS, Windows, Mouse, Keyboard, 1 year Warranty, 14" SVGA Color Monitor. ONE INK JET PRINTER One ink jet printer is needed by the Investigator in order to provide pro- fessional quality printed documents. The printer will be a HP DeskJet 1600C Self Test Page with 12 Megabytes RAM or comparable. $ 550.00 ONE 8O0 MHZ CAR RADIO The Investigator will spend a considerable amount of time in their assigned vehicle traveling around Collier County interact- ing with Community Partners, SHOCAP sub- jects and performing other law enforcement tasks. The requirement of having good radio communication abilities with all aspects of law enforcement is paramount to both the safety of the investigator his/her ability to efficiently receive and disseminate crit- ical information in a timely manner. The purchase of this radio would greatly enhance the Investigators' ability to communicate while in a mobile state. $3,300.00 OCO S21,350.00 TQTAL jh/a:spn3 COLLIER COUNTY SHERIFF'S OFFICE SALARY AND BENEFIT DETAIL S.H.O.C.~.P. Investigator INVESTI- CATEGORY GATOR TOTALS Salaries $ 23,700 $ 23,700 Overtime 1,200 1,200 Incentive 550 550 Health Insurance 3,500 3,500 Life/DSM 100 100 Retirement 6,900 6,900 -High Risk (27.10%) FICA 1,900 1,900 (7.45%) Workers 1,150 1,150 Comgensation (3.53% & 4.63%) TOTALS $ 39,000 $ 39,000 Byrne Grant Excess Funds Application 11/24/97 jh $ · Ogr% grsprde% dy SkY I g98 Dr~ Control ¢nd System Improvement Focrnut~ Gr~nt Pro~ (~dv/ard Bp'ne PlemcvCa/ $~ate ~nd toczl A~ir. ance Pro~-~n) Accectance and A~reere~nt h~l Persons involved in or havi.n, ~ ad. ~inlst~tive respo.ns, ib~lity for ~,.e.s.u_bgra.nt m,? read these '/-cceptance and hgr~e_ ment" conditions. Tn,s ~:~eo1~nce anc~ ,~reement ¢Secbon part of the comoleted a6°lication. · ndltJon No 13' Only project costs incurred on or after the effectJ,ce date o( this ~te~ Cme°nt and on or pdor to the termination date cfa redpient'$ project are eli§ible for reimbursement. Concrdons of A&~eement Upon ~ orthis sub~nt, the approved appl_ic~tion and the following terms of conditions will become binc~ng. Non-compliance will result in project costs being disallowed. The term 'department', u.ljss otherMse stated,, re,r. ers to ~ ~Dep~r~..nt.of.C:o....n~unity Al~rs. The term 'Bureau', unless otherwise s'.~ted, refers to We bureau or ~.ornmunrb, ,~ss~stzrce. The term "subg-~t recipient' refers to the govemin8 body otrz c;~), or a county or an Ind'~n Tn"ce which "irn~lernentJn~ a~ency' which is a suborainate a~ency or a c~7. county _or ~n~,~n the 'direc'Jon o~r,~ elected official (For example. Sheriff or Clerk ct'the Court). Repons a. Project PecFormance Repons: The redpient shall submk department ~uarteH)' Project Performance Repor~ to the bureau by February I, Hay I, Augu¢, I, znd within fcrty-t'rve (45) days aP~er the subgrant termi~don date. The redrlent ~aJi st:brr~t an/vt, nu~/P~,/ect PenD, m'unce Report. for the 'cn~'naf'project period. This report shall be submitted to the bureau within forty.five (45) days a~ter the end of the rri~ir~l proje~ period. The 'on'g~l°prrje~ per. cd is generally for twelve (I 2) months. In addition, if the subD-ant award period is extended beyond the 'ori~ir~l' proje_~ period_, a, dditirn~l Ouartedy Project Ped'orrnmnce ReporZ shall be submitted as well as a Rna/Project k'enon'nance P~pc~ The i~zer report shall cover the entire ~rne fi'ame of proje~ acdvi6es and is due within for:y- f'~e (45) days a~er the end of the extended period. b. Rnandzl Reports: The recipien: shall have a choice of submi~ng either h~on~/k' or ~uarteHz_ kTnar, da/CTa/m one (3 I) days ~er the eng..o.t '~.e re.po~.ng pen. oR..~uaner[~, r.e~m.ou~?~l .. .. ( 1-3] are due ~irty-one CJ ~) ~a'~ after :ne ena ot ~e repo~ng pence. ^ bureau within forty-five (45) days of the suO~r'~nt terrr~na~on Penoa. :~ucn identified as 'tirol'. .. Befoce the "final' rbim will be processed, the redpient must submit to the department ail ou~s'~nc;'~' project repons and must I-~ve satisfied all spedal conditions. Failure to comply with the above pro,4sions shall resuk~ in forfeiture ot' reimbursement date coveHn~ sub,rant project ~enemtea ~ncome &na expena~ures aunn~ me pre~u~ ~1~' ,~'. ~--- Par~ph 14. Program Incom~.) $~'Y !))8 Dru~ Contel ~nd .~Xst~m lmprov~rr~nt Formula Stent Progr-em The recipient shall submk o:her reports as rr~y be re~sor~bly r~quired by :he bureau. /.Jl r~quired reports, ins-'u'uc*Jons, and forms sl~ll be d~ribmed w/:h the sub~-~nt award. Fiscal Control and Fund AccountJng Procedures The redp~ent sh,gl es:abr~ fiscal control and fund accounting procedures that assure proper disbursement ~ a~ng ot'sub~-~t Fur~s ~x~ r~uired non-fede~ expend'rtures. A/1 fun~s spent on this pro~ect sh~ll be disbursed accor~ng to provisions of the pro, eot budget as approved by the bureau. Ail expend'~res ~ cost. accounting of ~nds shall conform to C~.~:e of Jus'dce Pro .~-~ns. ' ~Tnenc~/ U.S. Dep~r~rnent of Jus'dce Co~,m,~r~, ~n ~e [or S~te ~nd Local l%~gement ~ Buarget's (O/~'s) O~ub~;A-2/, ~.~7, end~.//0, in their engmty). All funds not spent ~ccording to this agreement, sh~ be subjec~ to repayment by the. reciplenL Compliance wi~ 'Consu~nt's Com~e~ Ne~ot/et;on,~' The recipien~ ~en appli~b~, a~ees to ~ all requi~men~ prodded in ~e~n 28Z055, ~o~de ~es. ~wn ~ ~e "Consu~nt~ Com~ Ne~D~n ~ ,~¢provaJ of Consu~nt Con,ets The del~r*u'nent sharl renew and approve in wri6n~ ~1 consu/t~nt comrac'~, prior to e~np.l?y?e, n~o_.f a constant. Appro~ shall be b~sed upon :he contacts compliance w~h requ~remems found of Jus~Jce Programs' ~Tnend~/Gui~e, U.S. Dep~rtment of Jus'Jce's C-c~en'men~', ~ in appE:~b~e s~t~ st~tes. The del~r'u'nent's approval of:he recipient a~reement dfes not cons~ute appro~l of consu~nt contac'ts. 5. ,Nlowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Prir'~les of Allowa~r~ and Standards for Selected Cost Items" set forth in the ofr.:e of Justice Programs' ~,.tencM ~u/~e, U.S. Del~rtrnent ofJus*~e's Con','non Rule [or~eteAndLcx'_elCo~mmen~and federal O~B's CT~'u/e~No. A-~7. 'Cost Principles for State and Loc~ Governments'. or OHB's ~u/er/Vo. A-21. 'Cost P~nciples for Educational Ins~,utions'. All procedures employed in the use o! fede~ funds to procure services, supplies or equipment sl~ll be accorff~g to ,U.S. Dep~nent of Justice s Con~x~n Ru/e [or Stere andtoc~l C-ovemmen& or A~.~chm~nt '0" of OMB s ~rcu/er No. A-//Oand Rorida Law to be elig'ole for reimbursement. 6. Travel ~J1 t~vel reimbursement for cUt-Of-Slate or out-of-grant.specified work area shall be based upon wr~en approv31 of the department prior to commencement of actual travel, · The cost ofaJI tr3vel shall be reimbursed according to local regulations, but not in excess olr provisions in Se~on ! 12.061, r'7oHda Ail bills for any t~-~vel expenses s~ll be submitted according to provisions in .,cec'~n 112.0~1, ,:7¢dde S~u~es. 7. Wrfften Approval of' Changes in :his Approved Agreement Redplems sha~ obtain approval from the department for major changes. These include, but are not limited a. Changes in proje~ ac'~kies, designs or research plans set forth in the appro~mene---~----- J # ,,, ,."./.. I....~, j Sec~ll. P,~e P~fl7 i .... ? =. .1.%_. . ,., .... ' SF~' I .°98 Dru~ ConO'ol arW System Improvement Formula Grant £~ Sr"'Y' I p~8 ~ ~Xrne ~4e~nor/a/$~te a/~ I. oca/,e~'~e b. ~u~et ~e~a~ns ~ ~o ~ ~et ~ follo~n~ ~e6~n. ~ is. a ~dp~m ~ay ~ns~er ~s ~e~een ~ ~te~es u ~n~ ~ ~e to~l a~un~ of ~er b~[et E~ ~ or, c. T~nsCe~ o[ fu~s a~ ~e ten (I O) ~rcent ~p s~ll ~ ~de on~ ~ ~ re~ed b~et ~ appr~d W ~ de--mt ~r~, ~~ ~ ~n ~=ng ~a~ ~y ~ ~me ~~ ~ ~ ~,~, ~ 8. p~m~e~nt 5ubje~ to A~e ~n~s ~ ~ ~ S~ ~~ mi~e ~cipJen~ for inked co~ ~ su~ to a~ble fe~eml ~-~ ~e ~ ~nds. 9. ~e ~ ~n~ ~ ~~ ~~-~ ~5) ~e~ of~e ~de~ ~ for ?~ pmje~ ~c~ De~ent of J~e s Co~n ~ br Sate ~ Z~/ ~m~n~ ~ ~ a ~p~nt u~n a.~n mque~ to ~e (e~e~n~ ~ ~d fo~.s~_~s. ~is req~, indud~n8 ~e ju~fi~on, s~ll ~ ena~ea ~ ~ suo~m app~uo . I O. Com~e~nt of Projed E ~ ~je~ h~ not ~n ~.h~n s~(6~) 4~ a~r accep~e of ~he suO~t a~. ~ mapmnt s~ll se~ ~ ~r~ ~ ~au ~ ~ ~ ~m ~ pmj~, ~m for de~y ~d re~ ~ ex~ed ~je~ ~n[ d~. ~ ~r ~r to ~e ~m~u, ~n ~inin8 m~ for de~y ~d mque~ a~er re.ed pro~ ~n8 da~. or shall, at ~ ~s~Uon, um~V te~m ~s a~e~nt a~ ~om~m e~end ~ ~ng date of ~e ~je~ ~ ~ nbe~ ~0) I I. ~ensbn ora Con~ for Con~al Se~es ~e~n o¢ a con~ for co~ se~es ~en ~e ~dp~nt and ~ con~r (~ i~es.a~ ~= ~t ~m~) ~ ~ in ~ng ~r a ~ ~tto exceed same te~ and co~o~ ~t [o~ in ~ in~l co~ On~ one e~e~ a=e~, unless ~ilu~ to co~te ~ conn~ ~ d~ to e~ ~nd ~ tonal of~e con~or. 12. ~ce~ ~ ~s~ ~ de~u~ of consu~n=, ~ mdp~nt s~ ~t are no~ limed to a~ of ~ or of~ publk ene~, a~ of =o~ ~m~, ~, ~' e~, ~~ ~s, ~kes,,~,ght se~ ~a~r, ~ ~n e~ ~ ~e ~dure ~ ~no~ small ~ ~~~1~o~ Cc. nO'cC arx~ Syrt~rn Improvement Fon-nula Grant Program If ~re to peni:w'rn is ca..~ed by f~ure, ora ccnsul'~nt to pen'orrn or make progress, a~.d ~'such failure arises o~. of causes beyond the control cf redp;ent and consul,ant, and without fauk or negt;gence of' e?,,her oF ',hem. the recipient shall not be deemed in defautt, un/es~ a. Suppi;es or services to be fumished by the consultant were obtainable from other sources. b. The deparm'ent ordered the recip;ent in wridng to procure such supplies or services From other sources, a~ c. The recipient failed to reasonably comply with such order. Upon request of the redpient, the department shah ascertzin the facts and the extent ofsu~,h f~lure, and if the department determines that any f'4~ure to perform was occasioned by one or more saki c~uses, the delivery schedule shall be revised accordingly. 13. Obfl:gatJon of laedpient Funds Pedp;ent ~r'x~s shall not under any clrcum~ances be obligated prior to the effecdve date or subsequent to ~e term;hatCh date of the grant pe.'~. Only project costs incurred on o¢ after the effective date and on or prior to the termination date of the recipient's project are eli§ible for reimbursement. A cos:, is incurred when the redpient's err~loyee or consulta~ peMom'~ required services, or when the re~l::;ent receives goods, notwkJ'~t~ndin[ the date of order. 1 4. Program Income (also known as Project Generated Income) ProD~m income meansthe gross income earned by the reclphent dudn[ the sub[,r'4nt period, as a direct result of the sul:~a~ award. Program into ,me shall be handled accordin~ to the Ofl'~e of JucJce Programs' F. nar~ ~--u.L-ve, U.S. Department ofJuCJce s Corrrnon Rde lotS:ate an~Loc~l Government Eeference: The Cash Management/mprovefl~ent~'-~ of 15. Pe6orrnance oFAgreernen: Pro.ions In the event ofde6uk, non-ccrr~ence or violation of any provision ot'th~s agreement by the redplenr, ~e redplenfs consu~nts and suppliers, or both. the department shall irrkcx~se sanc6ons it deems appropriate !nd,Jdin[ wkhholdin[ payments and cancella6on, terrnina.~.on or suspension tithe agreemem in whole or ,n part. In such event the depa~d'nent shall not, the reop~nt of'ks derision 05/rty'(3'O) da, v~ in advance of the effec'Jve date oF such sanc~on. The redpient shall be pa~d only for those services sa~factor'~ per;on-ned prior to the effective date of such sanction. 16. Access To Records The Depar'u'nent of Commun~,~-,~rs: she U.S. Department ofJus'dce. C~ce ofJusice Pro~r'~'ns. Bureau ofJus'Jce Assismrce: and, the Audkor Genera/or'the State oF Florida. the U.S. Comptrofler General or an)' oFl~'~ir duly autho6zed representatives, sha/~ have access to books, documents, papers and records of'the reo'pient irnplerrerrJng a,ge~ncy and cont"actors for the purpose ora ~u~,d, it and examlnaSon according to :He OEce of JucJce Programs F--rurx~Gu~e, U.S. Department of Justice s Con'v'non/~. lo, State andtccd ~;ovemfr~nt. The department reserves the right to un~terally terminate W;s agreement if'the redpient, irnplerrantJng agency or contractor refuses to allow public access to all documents, papers, letters, or other materLaJs subject to provisions or' ~pter I1~, fT~rida ~e$, and made or received by the redpient or ks cont~ctor in conjunc6on with this agreement a. The recipient shall provide to the department one copy of an annual audit conducted in compliance with The ~,~/eAud/tActofi~B~, P.L ~$.$02. The audit shall be performed in accordance with the federal OMB s CTmu/a~A-liSand other applicable federal law. The contract for this agreement shall be ident~d with the subject audit in The ~chedu/~ of Fede~lF~andalAs~Mance. The contract shall ! i Pg. _ : 998 Dru~ ContzW end $,~tem lntorovement ~??c, fa Gmnt £ro~?wn ~ B/m~ I~¢rnoWel Sm~ ~nd LocalA~sMenc. ~ con~ nu~r, C~A numar, a~ a~unt, con~ ~H=d, funds receded and disputed. ~n ~, ~e mdp~nt shall su~ an annual fi~ aud~ which mee~ ~ I 1.45 ~ 21~.349. RoHdz S~t~es: and, Chapte~ 10.550 and ~0.6~, ~les ~¢~e b. A complete auWR m~ ~ich co~n any ~on of~e e~eC~ ~tes o[~ agme~nt su~ ~h 30 ~ ~r ~ ~n. ~ ~ ~r ~n se~n ~ ~n~s ~er ~ a~ ~. In ~erto ~ c~te. ~ su~d re~ s~ll i~e ~ ~nage~nt ~n ~s~d se~te~ ~ ~~nt's ~n. res~nse to a//~n~. ~ a~R ~ a~ ~~nt ~?r z~n~. I~m a~ m~ ~ ~t ~ accepted ~ ~ de~nt ~ ~1 ~ ~ed to ~ e~er a Ce~6ed Pubf~ ~coun~ or a ~ensed Pu~ re~ ~ i~es of ~o~e ~ fede~l ~ ~ ~~. e. The recipient s~! e~u~ ~at au~ ~ng ~n a~e ~e a~fab[e ~esig~. u~n ~q~ for a ~o~ of f~ (S~ yea~ fro~ ~ date ~e au~ ~ ~ ~sued. unless e~nded in ~ng W ~ de~nt f.If this ~ee~nt ~ dosed o~ wP~o~ ~ ~u~. ~e de~ent resets d~dco~ ~en[[ed in ~n ~ comple~d ~r su~ doseo~ [. The competed ~ud~ re~ s~uld ~ sent to ~e fol~n8 ~ddress: ~ce ~f~d~ Se~es 2555 Shuma~ Oak Boule~ ~dows~ Building Taft.see, AoHda 3239%21 ~ 18. P~cedures for C~im Reimbursement All claims for reimburserr'~nt of redpient cos'ts shall be subm~ed on the DCA.q Fon'n3CA-G), Rev~eo'6W/~6, prescd, bed and provided by the bureau. A recipient shall submk either monthly or qua,-terl), claims in order to report current proiect costs. Ail d~Jrm for reimbursement shall be submklad in suf~dent deta] for proper pre-audit and post-audk. I c). Retention of Records The redpient shall r~ntain all records a~l documents for a minimum of three (3) yeas from the date the find fina,'x~ statement, and be ava~bte far audit and public disclosure upon request of'duly authorized persons. 20. Ownership of' D~t~ ~nd Creative Plateful Ownership ot'rn~mrid, d'~x~,eries, inverdons, ~ msu~ developed, produced, or discovered subordln~te to th;s a~reement is ,~ovemed by ~he terms of the ~e_ of Jus'dce Programs' FFnen~,W ~,uW~e:. u.s. Del~rtment of Justice s C'on'rr~n Ru/e ~ $~e end locW Co~mme~ or the federal OI'IB s C/,,"~e.; 21. Prope ~-/A:coun~bilky The mdplen~ a[rees to use ~ non-expendable property for criminal justke purposes during ~ useful life or request, dep~rtrnent disposition. The redplent shall es~blish ~ administer a system to protect, ~reserve, use. rn~in~in and dispose of any proper~y furnished ~o it by the del:~'m~e, nt .or pu .n:h~s~ed pursu. ~reen-ent,~l~l~ ~o federal SF~' I))8 Dru~ Conzrol and S)~rn Irr~ro~rnont P-onr~a Grant 22. 2.3. 2.4. 2.5. £~dda ~min~ C~e. ~ilure to ~p~l w~in ~s ~ f~ conr~es a ~i'~r of Fr~eedin~ ~der ~pter I20, Eo~6a 5mt~er. Conrere~es and Ins~on of Wo~ ConCerences ~y ~ held at ~e reque~ or,ny ~ to ~b a¢ee~nC ~ any L~e bureau, o[~ U.S. De~nt of Juice's Bureau ofJ~ce ~si~ce or ~s~jng ~e ~o~ s~e ~ ~nkor, ins~ and ~sess ~ ~ffo~ed under ~b Publ~¢on or Pdn'Jng of a. ~fom ~n or pd~n~ z ~1 draft of ~y re~ required under or ~;ning to ~is ~reem~nt shall ~ sent to ~e bureau for ~ renew ~ co--nc b. Publ~dons or p~n~d re~ covered under a. a~ s~ll include ~e fol~ng co~r ~ge: (I) 'This rein ~ pm~ed for ~e ~z ~~nt of Comm?~ ~i~, J~s F. ~, ~, b ~on ~ ~e U.S. ~r~nt orJ~, Bureau ofJ~e ~s~nce. ne~ pdn~d ~ shall ~en~ ~e ~n~ ~d year ~e re~ ~ punched. i~udes ~e Bureau ofJ~ce Su~, ~1 I~e ot Juice, ~ce o~j~n~ae J~Ce (3) 'P~ o¢~w, opinio~, and con¢l~b~ e~s~d in ~b ~a~ do not neces~ly represent ~e o~d~ ~on or ~r~es o[~e 5~te of 8o~a De~nt or Co~n~ ~, ~ U.S. ~~ ofJ~e, ~ce or Juice P~[~: or of~e ~te or fede~ Equ~l ~o~nt Op~un~ (EEO) ~ ~n, on ~ ~u~s o¢ ~ce, ~eed, color or nado~[ od[in s~ll ~ exalted ~ m~d ~ner~ of, or o~e~e su~e~d to d~~n under ~ a~rded ~uant~ ~ 89-564, ~~ ~qui~n~ of ~e ~-O~e ~ of I ~n~ 28 CFR Pan 42. Sub~ O 0 ~ F G and Y. ShY I gg8 Drug Control and S)~tem Improvement Formula Grant Pro, ram ~ Byme MemotiW Stat~ ~ Lock--ce Pro, ram) ~ ~clent and a crim[na[ ius~ce a~ency that is the jrnp~en-~nt~ng a£ency agree to cer*d~/tha~ they either end Safe Streets 4ct of IP68 a~ emera~edand that they have or have not formulated, implemented and malnta;ned a current EEC) Program. Submission of this certification is a prerequisite to entering into this agreement. This cern is a material representation of'fact upon which reliance was placed when t,his agreement was made. If the recipler~t or implemen, tlng a_[e...nc~/, meet ~ c.r~eri~ but have not [crmulated, implemented and maintained such a current w~'ten I:~.) yrograrn, they nave 120 da~; a~ter the date thLs agreement ~ made to comply ~ the Act or face loss oF federal funds sumac*, to the sanc~ons in the/ust.~e .q)~tern /rnpn~vernent ~t o/'/~?~, Pub. /- (P~rerence Sec6on 80] Ce) or the Act, 42 ~.S.C ]78] ('a) end C~ Sect/on 42.207 Com~'~nce Information). subrrit the~' equaJ e~nt opportun~ plan, and/or the.most .recent u.~aze, wr~n.me,r app,caaon, ,or subrr~l to the U.S. Department of Justuce, Bureau ofJus*uce Ass~'~nce ~or approval. 26. Americans w~ Disabil~ies ~ 1990 Sul:~t-~ mu~ comply w~ ~ requirements of tJ'~ Ame6cans with Disabil~es Act (ADA), Public L~w 101-336, whk:h prohib~ discrimination by public and pr~ate ent~Jes on the I:~sis of dlsa~lity and requires c~rta~n ac:~t~ons be m~e w~h regard to employment CT'rUe I), state and local government services and t~ns~-n:~rtation (Tit!e II). public accommodations (Ti'Je III), and telecommunlcat/ons ('Title IV). 27. Criminal Intelligence System TI-~ purpose of the fe~e~ regula~n pu~shed in 28~~- ~/nte~e 5~e~ O~n( Pcl~/es is to usum ~t mdpien~ of federal ~n~ for ~e pHnciml ~mre of o~mdng a cnm~ in~di~n~ ~em under ~ O~/bu~ Cn~ Con~/ and ~afe S~e~ ~ of l ~6~, 42 U~ ~ ]701, et seq.. ~' z~e~ ~t~b. L. F0-~51, a~ ~e~ed by Put. L 93~3, °ub. L 93-415, Pub. L 94-430. P~. t. 94-503, Pub. t. 95- //5, and Pub. t. 96-/5~. use ~ose ~nds in con{o~nce ~ ~e ~ ~d anc/ Sa~ 5ree~ ~ct of l ~68 as amended andcomply with cr~ena as set forth ,n z o t.~ ra~ za - ~ Pores. and in the u?eau l .u TJ 'ce. A.u' arse's . Cran ?rozgm 6'u~ance. Submission O[th~s cerUt~caUon is a prerequisite to entenng into m~s agreement. This certification is a material representation of fact upon which reliance was placed when this aD'cement was made. If the redpient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation crke6.a, .th?~, ~ indicate when .they pi.an .to come. into co..mp.r~.~e. F-~¢e~l law requires a su .b~ant-funded c:nrr~r~ ~l:elhgence sys~e~ m p?l.ect t.o be ,n co.rnpl~.nce, wrth m.e ~ and ~ederal regulation ,oho? ~ the award of federal funds. The reopmnt s responsive for me conl/nuea zdherence to the regulation governing the operation of the sy~em or faces the loss .o~ federal fund~. ~ department's approval of the recipient agreement does not constitute approval of' ~e subgrant ,undea de~,elopment or'operation of ~- criminal intelligence system. .. 28. Non-Procurement, Debarment and Suspension 85, ~ 85-~10,/~dpant:~/~esponsi~7/desfl. Th~se procedures require me redpient to certify k s:'~ll not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntan~/excluded from ~'t/cipating in this covered transaction, unless authorized by the departn~nt 29. Payment Contingent on Appropr~t/on SPt' 199& Set, rant ,a~:p//oUon Pacific (T-a~e~ ~Xrne Pfer~or~ $~e ar~ Loca~ A.~:6'zance Prc~arn) 30. Federal Res',6ctJons on Lobbying 'F~ mcipi~nt aD'~es to comply with ~ec't/cn .,?1~ cfPubl/~ L~w 101-121 set forth in 'NewF~s"~Jons cn L~bbZ;'n~, /nt~rirn £r~l Rul~, ·publIshed in ~he FebruaO' 2 ~, I ))0, Federal Re~is'te4 Ench person shall file the most current cd,on oir th~s Certif~cation ~r,d D~sdosure Form, ~ap~lic35t~, wi'~h each submission that in,ares agency consideration o(such person for awaxd of federal contract, D3nt, or c~operativ~ aD'cement o($ 100,000 or mom: or federal loan oF$ I $0,000 or mom. This certJt',:ntion is a rn~ter~l representation of ~ct upon which rerance was placed when this aD'~ernent was made. Submission of this certification is a prerequisite to entering into this agreement subject to cond'~ and penaJties imposed by Sect~bn 1352, T'~e 31, UnitedStat~s Code. Any person who fm~s to file the required certjrK:ZtJon is subject to a c~l per~zJty ~ not less than $10,000 and not mom than $100,000 for each f~ure to file. 31. The undersigned cer6fies, to the best o¢ his or her Icnowledge and belief, a. No federally appropriated funds have been paid or shall be paid to ~ny person I'or influencing or attempting to influence an ofr~.~r or employee of' any federal agency, a member of' congress, an o~-.e r or employee of'con~'ess, or an employee ora m~mber of'congress in ccnnec*.Jon with the awarding of' any federal Ioe. n, the entering into of' ax~y renewal, amendment, or m~c~;f'~catJon of any federal cont.~ct, granL loan or cooperatJve aD'eement. b. Irony non-Cederal funds I~ve been pa;d or shaJI be paid to any person for influencJn~or attem~lJng to influence an ot~.~r or employee of con. ss, or an employee of'a mernber ot'con~ess in conr~c'aon with f.,SA' federzl contr3ct, grant loan, or cooperative agreement, the undersi~-<:l sh~l complete and submit the standard form, D;sctosu~ of' Lobbvin? ~-tMtles, according to its instructions, c. The undersiD~ed s,~ll require that th~ ~nD~a~e ofthls certification be included in award documents for all sul:~rr3nt, aw3rds at all tiers and that all sub,r-ant recipients shall cerd¢,/, and d;sdose accordingly. State PaCu'i~ons on Lobbying In add.on to the provisions contained in Paragraph 30 of' Section H, Acceptance and Agreement, the expenditure of' funds for the purpose of' lobbying the le~slature or a s'.~te agency is proh~ited under this contract. 32. Stztement oir Federal Funding Percentage and Dollar Amount VVhen issuing statements, press relea.~s, requests loc proposals, b~ solicitations, ~ other ~nts describing projects or prog~ms funded in whole or in part with federal funds, all ~ntees and redp;ents receMng these federal funds, including but not limited to sate and local governments, shall dea,,5/r~te: a. The percentage of the to~ cost of the ~ or project that shall be finar~ed with federal funds, and b. The dollar amount of federal funds tc be expended on the pro~ect or program.. 33. Project Closeout Proiect funds which h~ve been properly obligated by the end of the sul:~-ant funding Period will hav~ ,¢~ da~' in which to be liquidated (expended). Any funds nc~t rquidated at the end o~'the YO-¢'aype~ will lapse and revert to the department A ~c%~rant funded project will n<~tbe dosed out unt~ t~a mdpient has sa6sfied a//doseout requirements in or~ ~n~/sub~rant doseout pad(age. 34. Background Ched( It is stron~ty recommended that all proD3ms targeting juveniles, implemented by other than a swcm law enforcement offx:er or i:rogt3m kensed by the Department of Hea~3~,~,.l~habilitatJve Services. conduct bacJcground checks on all personnel providing direct services. SFY I ~8 0n~ ¢on~l ~.¢,v~'tem lawn. at [-c~a ~nt Pn~Er~m (Ea~rd Bxme Mernodd $~te ~nd Locd ~ce Prolr'~n) ;i~'mm Pa~e ~ave reid and ~:ler3'.3nd the aL~reernent 3uthorized ofl'x:ers on the chte. month and year set out beJow. S~te c~ Ao6da Depa~r~ of Comrr~pi~ Af~irs Bureau c~ Comr~nK'y Ass~s'~m~e o By:. Type Name and T~de: Date: By:_ Type Name and T~de: Barbara B. Berry, Chairwoman, Collier County Commission Date: Aoril 28, 1998 FEID Number:. 59-6000558 Impleme~ng Off. iai,/~dministmto~ or D&i~P~presentat~e Date: April 10, 1998 A~t~mnt Coumty Attorne% I APP, 2 1 i~3,.l' $F7' l YY8 DmZ Control and Improvement Form u/a Grant ?ro~ram (Edward Byrne hCemodal State and L ocal Assistance Pro, ram) SECTION III APPLICATION REVIEW CH ECKLI ST Dru~ Con~'ol and System Improvement Formula Grant Pro~?r-~tt (Edw'~d Byrne t"fe.,'no4d S~te and Lc~/ A~$/s'-,.~nce Pro,'ram) /,PPUCATION CHECKLIST I. APPLICATION If ~is is a continua'don project, did you check 'Yes' ~ enter State Prcject ID Number for ~e pre,Aous Nam, ~s end ~::~dresses (Sec'Jori A): ¥ , I. Is the name oF the SubD-antF~dpientCNefDected Offlclal(A.I.)the narr~ ofthe BCCCnair(fcracou~)cr the I~ayor (for a c~)? Is this the same .person who signed the siD'--tum page bt the Sul:D'~nt Re~'~ent.? 2. is the narre of the Chief F~an~ Of~cer (A.2.) con:em, i.e., is this the Chief Financial OfFicer far We Subgt~tee, not. the Implementinj Agency? ¥ 3. Is the name of the Implem~r, tbg Agency Chief Exe.~dve Or~cer (A.3.) correct (e.g., tJ',e Shedff for a Sl'~r:rTs 06ce. ~ Chief for a Poi;ce Depa~.ment. etc.)? Is this the same person who signed the s~gnature page for Implementing Agency? ¥ 4. Does ::ne person identLqed as Pro]e~ Director (A.~..) work for the Implementing Agency in A].? If there is a Contact Person other tha~ me Project Director, did you enter the correct name, t~de, address, phone and f~ numbers in the. application? A~min~.r~t.;ve Dat~ (Set,on B): 1. Does the prcjed: ti'de cons~, cf84 ~e."_-rs ~4 spaces or less? Does :,he ~Je dearly/dent~y t~he prciec: (B. I.), i.e., iF~ is a second-year DAc~ Project. k should re~ect DAI~ II, ~ird-ye~, DA,c~ III, et'..? y 2. Is the correct subg~n: period entered? F~c~J Dat~ (Section C): ¥. I. If payment is not rerr~rtted to t,~ C~,ief ~nandai Ofrncer (A.2. in C. l .. 'R can onlybe rerr~ted t° °ne °f m°se ~enl~ed in A. I., ~.., or 4.: i.e., the Sub~r~t Recipient. Implementing Agency orthe Pro~e~ IDirec*~r. ¥ 2. Is the method of payment, i.e.. mon'~ly or quarterly, reflected in C-2.? ¥. 3. IstheSubgrant~'sFederd~rlde~Number(FDID)re~ectedbC.3.?' Is this same number re.qected in the Subgr~nt Redp;ent bbck on the si~r~Jr~ page? N/R ~.. IF projec: generated income c~n be ezrned from project ac:g~Jes, has 'Yes' been ~ecked in C.5.? ProD-am Oat~ (SectJon D): _ y I. Is t,~e problem to be addressed clea~ and briefly ~ent;f;ed? Y 2. IF this is a continuation p~-oje~ d~ you bdefly descn'be I:~'oject ac~:~vities to date ~ explain ~ ~ bet,.~en current at~ desired results? Are requested resources (personnel, expenses, equipment, etc.) sutT~6ent to a~dress the identical problem. Have you clearly iderrt~ed how these resources v~l be used to address the problem? ¥ 4. Are proposed project a:'Jvkies (what), people to be served and service pn accompi'~g the project (how), se~4ce/~dty Ioc~tJon(s) (where), pr~pos~ deta~s induded? Dru¢ Con¢ol ~nd System Improvement Formul~ Grant Pro, ram (Edward Byme Pie:nodal $~ate and t cca/ A.~is~r4:e Pro. am) If cor. tmc'a~ services ~ be used to ;rnplemen~ any Fart ct' the I:rojecL are I:r~pcsed se.~ces described ~'j~:l? Is ~re a ~c:~s~n ct*why ccnt~a~ng fcr serv~:.-s ;s ~ecessary to m~et progr~n needs and cbje~ve~ If ~'~vel is r~e~ ~a~y to aoS;eve objec'~ves, did you include a fine ~tem fcr travel indcded ;n ~e ex~e~ses 5cdget ca:egory? Ac'D~Jes implem~ntation Schedule (Sec'.ion D Con~nuatJon): ¥. 7. Are key act}vi6es for implerr~ntJng the proposed proje~ Ib':ed? Y 8. Are tJ~e dates filled in correc'dy? Obje~ & Perfon'nance I"leasures ($ec'Jon E): 'Z I. Are the Uniform Pm~-~m Performance I'leasures used in the appllcaSon con-e~ f'cr the federally authorized purpose area for whlch fede~l funds are requested (Al:pendixV)? Have the required perform~3nce b~ic~tors been inserted in the ~proFr;nte blank sp~ces~ 2. ~re ~e numbers in tk~ I:er'~n'rance ir~cators real~? (For continua*3on project, use d. zta in currer, t quar:,eHy repor~ as a N1/_~. 3. Have seE-generated objec'Jves specific to ff~e pro, ct been ir~uded? Are these self-generated ob~ec';~es worded to provide numerical (measu~ble) performance indicators? Budget Narrat}ve (Sec'don F): ¥ I. If ¢.~aL~es and Bene.~s are included in ~-~ I:~clget, are sabry figures re~.sonable and consi~ent with a salaries paid for sin~r work? 2. ~re F~nge BeneFrts identified and calculated correctJy? ldo calcula:Jons using ~enti~ed percen'~ges eqt.~l the 3. If Ove~m~ is a line kern in the Sala~es and Benei'~s Category. is it stated that the amount indudes both saL~, and beneFns, salary and sped~ed bene£~s or salary only? ¥ 4. Is the net personnel increase r.~tement induded in the Budget Nan-~e.~ (For th, e first year of'a project, s'~e :hzt the proposed pos~ns a;e new and wa msutt in a net personnel increase to the agency. For ~. condnu-~cn pnoiect, s'~ate that thb continues the net personnel increase established durbg the inkial year oF the grant progr-~m.) If 5. ~ job du6es b6etly descn'~ed For ~ requested positions? ~' 6. Have services been iden~Jfied and described? N/A 7. if Contractual Serve:es are serv~.e.based, is the unk of serv{ce defined, and the number of unks and ccst per unk ;ndicated? hl/k B. IfOPS personnel are included in ~ Cont~ctud Services C.~tegory, are job duties brletly described? y 9. If'funds are in the Expenses Category, are de~3ed llne ~ms es'ablbhed? ~./zl0. Il'trips are necessary to achieve program objeCJves, has a line kern I:een es~131is'he.cl} J ~..:"::;..7.'..~, i :' .T7 '- ' t ! P,I' f~ ~. I,,.':3 N~AI3. v 14. 17. Dru¢ Con~'ol ~nd Systern Improvement Forrnu/~ ~rant Pro~rn (Edward B),rr~ I~lerr~,ri~l S~te ~rd L~ ~--~e P~) P~qu~ (e.g., ~ ~ pu~ng ~shold b $5~ ~r ~em, ~en on~ in~d~! kem~ c~rdng $5C0 cr m~re ~u~ ~ placed in ~b ~go~.)? If~ ~ ~en~ h ~ I~i~ Co~ ~tego~ and ~e subf~ntee is a ~te agent, dces ~h~ age,c/ha~ a ~en~ app~ved (~ a coolant fede~ agent) I~ire~ Co~ P~? Is k If~ ~ ~ ~ ~ ~ Co~ ~m~q ~ ~ ~e g a ci~ or count, does ~g ~e co~ ~s ~ appr~d ~te in ~ p~ ~ ea 8u~t ~ ~d~e a ~ea: ~e push.lng me~ ~ ~ used confo~ I~ s~l equlpm~n: ~II ~ purch~ed, does ~e ve~l ~e include · desertion of equipment ju~on for ~e ~ecess~ o~ ~is equipment ~ a~ieve pro]e~ ~es :~ B~: ~ ~e~ ~ s~C ~rce of~bg ~r.~ for the proje~ (e.g., bud~e:e~ revenues)? Is all ~:~ in me fo~ of ~h? B~dge: Schedule (Section G'): Y I. Is each Bud[et Narrative Category total correc'dy placed in the appropriate space on the Budget Schedule~. ¥ 2. Is match calculated correcdT? Are matching funds a minimum of 2.5% (percent.) ot'the total budge: amount? ¥ :3. Is the federal amount total the sam~ amount as the federal amount for this projeC, in the 51% y 4. Do ali columa~ add across (Federal + I"m:ch -' Total). as well as down (Federal column, I'd:ch column, To'~ column)? ¥ I. Signature Page (Section I): Are there two signature pages w~th original signatures by the Chlet' Elected Off~__,al identified in A. I. ~c:[ ~.* Iml:lem~n6ng Agency (::hie{ Executive Off'.:~ identi.qed in K3. of Face Page No. I. kl/A 2. If any signature does not rnztch the persons iden:ified in ~ I. or ~3. ot' lace Page No. I. has a CernmJssion Resotu~n or c~r S',gna:ure ~ Authorlmticn from the appropriate oRid~J for the signer(s) be-.n included? Y 3. Are signa~dre dates filled bt. Is ~.e C~ er County Fede~ Employer IdentificaSon Number (FEID) filled int. Is ~is " the same number identified in C I .? Y 4. Has this rage been checked to be ce~-mln ',F~t there are no wh~-oms, cross-outs or typeovers,t II. SPECIAL CONDITIONS Oru~ Con~'ol and System Improvement Forrnul~ Gr~nt Pro,r-am (Edward Byrra Plemcrial State ar~ Local t~ssis~nce Pro.~'mm) Are ~he tet'.~rs ;n ~ req~red fern-a: (A74:enc"0~ r). lls'Jng each appllca*Jcn w~hin the county amount! Is the arnc~nt ~der:~f~d ~r ~ prc~e~ ~e same as the federal &maunt on the Proie~ i~ucs., (Federal column tod.) 3. Is e-~c~ le~er si[ned by ~e Chief Elected Oflid~! (e.g., BCC Chair For County. I"tayor for e,.d'~ C~)? ~. H~ve requested funds for ~ proposed subK~ants ~n t~he county been totaled azx~ ~s th~s equ~l to cr less '~-~ the total ot'~ll funds alice:ed to the count),? Equ~i Ernplo)~nent OpportunkTs ¥ I. Is the Equ~l E~ployn'ant Opportunky (E~) Ce~fr,.ation Letter (~per~ ~ for ~ Su~nt ~dp;er.t cc~ ~ c~ s~ ~ I~~ngAge~ b a S~fiFs ~. Ponce ~~nt or ~y o~r ~ ~e a~. ~ ~e EEO Ce~fi~on Le~er for ~e Cdmi~l J~e Imple~n~ng Agen~ completed. s~ed and y 2. I-I~s the EEO Ran been re,~ewed to be cer'~in that k meets requirements in the t'ede~ Eure3u oi'J~ce hssis'~.nce (BJA) Seven Step Guide? N/A 3. Ifd~s project proposes to exper~ S.SCO.CK30 or more. ~s a copy or' the subD-~ntee EEO Prog~n F~n and/ct n'~ recent update in this ~ppl~cadon pac~se so the BCA can subrr~ it for ~pproval by the Con~r~ed Services: ~/~ I. If' ccntrac[uaJ se.~ces are included. ~s a 'boilerplate' contract at'~ched for BCA review and approv'eJ? [Ices k include Se=don H. A:ceptance and A[reemant, in full or by reference? (Required.) Automated Data Processin~ (Computer) Equipment: y I. If computer equipment or sof:w~re will be purchased, has an ADP Equlpm~nt Form (~pper~ix Iii) l:een comoleted si[ned by an au*d~odzed si[ncr ~ enclosed ~ the applicat~0n? y 2. is there ~ s~tement or response to all kerns on the ADP Equlpmant Form? .~/A 3. If sol:ware will be developed, is an analys~s of developing sofk~vare as opl~x~sed to purchasing pre-p~c~ed soF[ware written and ~s this make/buy ana~s~s bwduded wkh the ~:)P form? Does the an~b/s~s pro,Xde ~mple j~.~'1~fica~/on to indicate the advantages of'development over a pre-I:eckaged purchase? Sole Source Jus't/fication: NIA I. If equipment or services (including ADP equipment and software) will be purchased from z Sole source and the amount k S 100.000 or more. is ~ completed, si[ned Sole Source Justification Form (Appendix II) ind~uded w~h this ap~:ation so that it can be submitted to the BJ~ For approval~ N/.~ 2. Does the Sole Source Jus~ca'don form respond to all oFthe required items from the perspective of the County or C/t), subgr-~ntee (not the proposed contractor)? Is the form signed by an authorized signer? Tzsk Force: If this law enforcement application will use g~nt funds to implemant a Tas~k.' Force ~roieCL ~ in..fg.O:l:~on descn~';n~ Task Force a~ency rr~rnbership, ~drnin~!J-~tJve tx~rd, current s'~ff ~n~.e.,r..d~_ .~,b. be. eD ,ndu~ed ,- I L;~u¢ Con~'oi ~nd S,~-~ern Improvement Formu/~ G~ant Pro~rn (Edu~rd BxFr~ Merncn'd $~te and tccd Canfk~entJg FurioUs: N/.._._~A i. IF'bls law enforc,,ment lppllc~'Jon induc~es ConF'~entJal Funds ~ · I~'~ i.em in ~e Expenses C~:e~,'..zy. F~s ~ Certification of Con~endal FUnds (Appendix Vii) been si~ed by ~e zppropri~e l,.l:to'~ ~ ~ Comrnunk¥ OHented Poi;rinD proje~ does the a~ency h~ve an app?o~cl Co~ Or:~..rr, ecl PoFxSr.~ P'.~'~ ~.'~d does 6'he . sec'Jon ~ddress how the I::raposed pra~'t, wll imple~ d~s Criminal Imelligence Systems: If this I~w enforcement a~cr.r~on w~l use ~.~ ~unds to im.~.rne~ ~ ~ ope'z:,) · ~ intel[~ence system, has t~ Criminal Intelligence Sys:em CerCSa~ and ~ ~.nc~ STs:~n P~ checld~ been requested from the EC_A. completed a.-~l n:'~--he~. III. SPECIAL CONCE~%~ ¥ 2. Y 3. y 4. If tJ~e ~e has any curmn~ prcje:'.s in progress, h~ve ~11 cu*~-~r~ng Special Coc~r~or~s a,~r P1crY~ar~.g Cond'~ons been satisfied for tl-~se projects? If' this ~ppi',:~'don ~s for fec~e~ funds to continue · current suL-'gra~ I:~oject. have all fir~-~aJ performance mquirernents for th/s project been met (e.~., ~'~ the (~)ua~erly Reports and Rn~-.dd ~ up ~o da:e.~? If the officials iden~ed cn the siD~zture page will not conduc: dm'h/p'oject business ~nd wish t~ designate s~natum autt'~'~ to ~,e Project Dime'.or ~ ancO. ~. r age.n? errq=by~ to conduct the bus,ness o[ the grant, has a letter desiD~ting si:D~ture authority been included m the appf',:~'Jon padca~. Does th~s le~er include signatur~s of both the persc~ gMng si~tum au'~c~ (.v~o s;~ed the aD',ement s;~n~tum pa~) and the redp~en~ ofth~s si~ure authorfly? ~ all s'endard a~ spedd c~nE~x~s ide.,~ed in the Pro~-~n Announcement and in sub[rant ap~cmion and corm-act information been reviewed to assure that the proposal meets requ~rements.~ ¥ 5. y 6. y.. 7. _.y_ 8. H~s Section H. A:cepta~e and Agreement. been included as part of the appl'cation? Has ~is AppllcatJon Review Chedd'~ been completed and enclosed with the appFcatJon! Are two complete copies oft~e application w~th original signatures being submitted? Is the application being rr~led so that k will arrive at the BCA no later than the ao01ication due date! Is the applic~tJon p~ckage being rt~led to the current BCA address (e.g.. 255S Shurn~rd Oak ~ouleva'd. Tallahassee, Florida 32399-2100)? . Collier Counb/Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 April 10, 1998 State of Florida Department of Community Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Mr. Clayton H. Wilder Re: Byrne Grant · Signatory Authority Dear Mr. Wilder: Pursuant to the referenced Grant, Captain Paul Canady has my permission to have signatory authority on any applicable grant document s. SIGNATURE ~ apC~P C aul Canady If you need further information, please feel free to contact me. J/4/A:ssa2 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 Mr. Clayton H. Wilder Cou~f~unity Program Administrator Bureau of Community Assistance Department of Court, unity Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I. the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Sub~rantrecipient X ,,Do~ meet Actc~t¢fia. Do~ not meet Actcritcria, I affirm that I have read the Act criteria set forth in ~ Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient .... X,.H~ acu~entEEO Pm~am Plan. ,Do~ nothaveacu~entEEO Pmgram Plan. I further affirm that if the recipient meets the Act criteria and does not have a current writtenEEO Program, federal law requires it to fo~,aulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Don Hunter. Sheriff Collier County. Florida JH/a: see2 Date: April 10. 1998 t ~ S. Mac'lC~ D~ict 4 Mr. Clayton H. Wilder Conmmnity Program Administrator Bureau of Co~nity Assistance Department of Co~nity Affairs 2555 Shu~rd Oak Boulevard Tallahassee, Florida 32399-2100 3301 East Tan~amiT~ · Na~es. ~ 34112.4977 (94~) 774-a097 · F~x (941) 774.3602 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. ,,Does not meet Act criteria. I affirm that I have read the Act criteria set forth in ~ Instructions. I understand that if the subgrant recipient meets these criteria, it must fo£~ulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry. Chairwoman Board of County Commissioners Collier Countv.'Florida By: JH/a:seex RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE ~RANT APPLICATION FOR CONTINUED FUNDING FORT HE STATE OFFLORIDA, DEPARTMENT OF COHMURITYAFFAIR'S ANTI-DRUG ACT FORMULA GRANT PROGRAM. Q~ To obtain the Collier County Con~nission's endorsement of the Sheriff's Office grant application for funding from the Florida Department of Co~',~unity Affairs' Anti-DrugAbuse Act Fo£mula Grant Pro~ram for the Street Gang Prevention and Apprehension Program. CONSIDERATION= At the request of the State Department of C~m~mity Affairs, the Collier County Con~nission agreed to be the coordinating unit of government for the local application for the Anti-Drug Abuse Grant application (April 1, 1997) Agenda Item 16 (H)i. The Collier County Sheriff's Office requests that the County Commission execute the necessary documents to allow the formal application process for supplemental first year grant funding offered by DCA for surveillance and data processing equipment ~ncluding digital and 35 MM cameras, a notebook computer and printer for the Street Gang Prevention and Apprehension Program. FISCAL IMPACT~ Seventy five percent (75% or $19,972) awarded by State and twenty five percent (25% or $6,658) local matching funds from Fund 602 (Confiscated Trust Fund reserves 602-919010-991000). GROWTH I~PACT: This grant is a continuing four year grant program that requires reapplication each fiscal year. If the grant funds are terminated or other grant funding is not available at the end of the fourth year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. ~ECOMMENDATION~ That the Collier County Co,m~ssion endorse the Anti-Drug Abuse Act Formula Grant application for supplemental fiscal year 1997/98 funding. PREPARED BY~ APPROVED BY: C~yst~ K. Kinz'el, ~ April 10. 1998 j h/a: xs. gax - REQUEST FOR LEGAL SERVICES (Please type or pr£nt) Date: April 10. 1998 To: From: Re: office of the County Atto~ey, C~stal K. Kinzel -, Sheriff's office --[Divisl~) (S~Ject) Attention: Thomas Palmer. EsQ. Finance Director {T£tle) Finance Division BACKGROUND OF REQUEST/PROBLEM: (D~ocribe probl~ aha give background infcrm~t£on - ]~ specific. ~oncis~, and ar%Iculatg) · On April 1, 1997 Agenda Item 16 (1) , the Commissioners agreed to act as the local coordinating unit of government and endorsed the Certification of Participation in the Department of Co~m~unity Affairs' Drug Control and System Improvement Program (Edward Byrne grant) . The Sheriff is seeking endorsement of the Byrne grant application for additional first year funding that has been made available for the Street Gang Unit program. (Are there documents or other info~na=ion needed to revie~ this ~a~ter? If yes. attach and reference this information). THIS ITEM HAS/~ BEEN PREVIOUSLY SUBMITTED. (If pr~viously sub~itted, provide Coun=y i~:orney's Office file number.) ACTION REQUESTED: (Be very specific. Legal approval of OTHER COMMENTS Identify exactly what you need in the way of legal services.) attached document s. 3301 I:isl (g41) 774-8097 · Fax (g41) ?74-3G02 CERTIFICATION OF PARTICIPATION Mr. Clayton H. Wilder Department of Community Affairs Division of Housing and Co.unity Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: This is to inform you that the Board of County Co~nissioners accepts the invitation to serve as the coordinating unit of governmen= in the Department of Community Affairs' Drug Control and System Improvement Program (Edward Byrne). For purposes of coordinating the prepara=ion application(s) for grant funds with the Bureau of Assistance, we have designated the following person: of our Community Name: Jo¥ce Hour~ Title: Grant CoordinatQ~ Agency: Collier County Sheriff's Office Address: 3301 Tamiami Trail East ~uildin~ J - Finance Division Naples. Florida 34112 Telephone: 941-793-93~6 Sincerely, Timothy/L. Hancock Chairman, Board of County Commissioners 5f-~' 1998 Drug Control and System Improvement ?ormu/a Grant Program (Edward B, vme Nemorial 5tare and £ocalAssistance Program) SECTION II SUBGRANT APPLICATION I. Sub.~"~nt I:Led:~enL Nan',.e cfCNef~e-"-,ec~ G~dd: Ra~bara B. Berry Chairm. anwcman, Collier county Commission 3301 East Ta-,,iami Trail, Euilding "F" Cc/. Su~'_-. ~-'; Code: Maples, Florida 34112 (.94!) 774~393 774-8393 I (D41) 774-2602 Na~e cf~fK~ ~c~ j~es Mitchell ~-~e: Finance Directcr, De~ut,v Clerk Adfr-~s: 3301 East Tamiami Trail, Court Plaza III/2 C~v. $~te. Z]c Cc4e: No?les, Area Ccde/Te[e~hca`- No: (941) 774 ' 6179 Florida 34112 iSUNCO~ No.: j~rez Ccde/F~x Fhcn`- No: 774-6179 J (941)774- 8356 imclemen~n~AKencv. (Govemm.`-ntA~rc/P~sc~ns~le ofChiefExecut~eC)~..d-m]: ~cn EunCe~. Sheriff, Collier Co~Cy , Addre~: 3301 ~s~ T~i~i ~ail, Buildin~ "J" C~y, Sm'--, 71p Ccd'-: Naples, Florida 34112 A~e,. Code/Telephone No: (941)774 4434 JSUNCOM No.: 774-4434 { A~ Ccde~..x Fhone No: (941) 774- 5735 Project IDi _mc_~r ~ Conm~ Perscn, if c~rT~mnt fi'om Praie~ OireC. or. (Employee of Govemr'.e.',~ Imcle."n~n~n~: AKencv'~ Will Sargent ~e: Lieutenant~ Criminal Intelligence Bureau '~d~: 3301 East Tamiami Trail, Buildin~ "A" C~/, Sm:-.. ~p Code: ~ Code~Tele~hone_No: ~41 )793 '9346 C~/. S.':,te. 7~p Code: Naoles, Florida 34112 ,"',"e=~ Ccde/'Fe!esi'x~ne NO: ISUNCOM No.: IAr~a Code/F'~.x F,hone No.: (94].)774 : 9279 1774-92 J (941)793 - 9124 Nam~ &r.d '~e of Conmc~, ?~o~. Joyce Hour, an, Grant Cccrdinator Address: 3301 ~t T~.~iami Trail, Buildinc: ISUNCOM No.: I,~. Ccd~ ! ,93- 346 I ) ' 9c0s,. .,. . $~r~ec C, ar~ prevention anct Apprehension pgoqram i Co Fee - ~ .. ---~- ,---lemendnoA~--tv a Member cfz Local Ctlrr,~nd Jus'gc-. ~orl C:u.-.¢i ce F~ Dam I. ~Fc~zr~n~e ~efEr~ ~car~ ~m~W~to: Zuildinc ~ - Finance Divisicn 3. Vendor ~ fEe~r ~deml ~w, cIc~r Idea.{on Numar cf SuSpect: ,, J 59~558 4. SA;~S · FE~er ~'~u am a mt, a~e.',~l: ,] I SFY I ~98 Dru~ Cont;ol ~nd S,~m I~¢woven~nt ;brrnul~ G~nt D. Pro, mm D~ta Refer to th~ Fb'Y 1~7 8CA G~n~ l~n~£~rn~n't Technic~lA~sirmnce Wc~l~hop ~anc.a4 ~e~on ~. Us~ P~m l~n~t~. B~e~ ~ a s~ ~m to ~ a~ssed ~5 sub~ ~s. If~u are see~ ~s to con,hue ex~ ~ ~. ~u¢ ~m ~te~nt mu~ ~so p~ a s~o~ su~ of ~ cu~ent ~m a~ ~e~ any ~ ~en ~ent an~ ~esired p~ resu~. P~m ~~. B~~ ~w ~ ~s ~ add, ss ~e ~rge~d ~b~m. Des~be ~o ~11 ~ w~t. ~en. w~m a~ h~. SEE PAGE 2 OF I~TP,~IO~ ON ITEMS TO INCLUDE PRQB~EM IDENTIFICATION The specific problem to be addressed with grant funds is the stree: gang problem in Collier County. Collier County 'is located in Southwest Florida on the Gulf of Mexico. Collier County encompasses 2,025 square miles, making it the largest county east of the Mississippi River. The demographics of the County are diverse. The bulk of the County's population is concentrated within 5 miles of the coast. This part of unincorporated Collier County is home to many of the area's middle class citizens. During the past 25 years the County has undergone tremendous growth, increasing from 38,040 persons in 1970 to an estimated 194,036 persons in 1996. In addition to the increase in the permanent population, each winter brings an influx of seasonal residents. Population in the City of Naples and the coastal sections of Collier County increases by approximately 33% during the winter months. The agricultural community of Immokalee is located about 25 miles from the Gulf of Mexico. Permanent population of Immokalee is about 18,622. During the winter harvest months an additional 12,000 migrant farm workers reside in Immokalee. The remainder of Collier County is comprised mainly of Federal and State Parks. During 1995 Collier County had the highest median family income in the State of Florida. This high median income, however, hides the contrast between retirees with large investment incomes and seasonal workers earning the minimum wage. Despite all of the demographic differences, public safety is one issue that impacts all elements of the population. In 1996, the crime rate in Collier County was up 13.7% from the prior year. Each crime is significant to the Sheriff's Office and its victim. Street gang crime is a growing concern. Gangs and gang-related activities have filtered in ~%.~ei~h~iz~_counties and are increasin9 in nu~er. :..:,. ~,.[~./ ~ Since 1992, when street gangs were first identified in Collier County, gangs have grown to the extent where they are seriously degrading the quality of life in Collier County. Innocent citizens have been shot, raped, assaulted, and intimidated as a result of gang related crimes. Experts in the field have observed that Collier County is at the threshold of a street gang problem that could become impossible to control if it is not soon thwarted. Street gangs are now deeply entrenched in the neighborhoods of Naples Manor, Golden Gate City, and parts of I~okalee. Deputies have been shot at, assaulted, and threatened by gang members while performing their duties in these neighborhoods. Most ominously, the leader of a Naples Manor based street gang took out a contract against the Senior Investigator of the Collier County Sheriff's Office (CCSO) Criminal Intelligence Bureau (CIB) Gang Unit (hereinafter Gang Unit). There are about 600 identified gang members that can be placed into 35 street gangs. This number is expected to grow as intelligence gathering on gang activity continues. It is estimated that each street gang member has an average of 3 felony arrests. Violent priors include homicide, rape, robbery, and aggravated assault. Other offenses are narcotics-related charges, burglary, and theft. The average age of a Collier County street gang member is estimated to be 16 to 18 years old. Actual ages range from early teens to the early 30's. About 50% to 60% of the known gang members in Collier County are Hispanic males. The Collier County street gang with the most documented members is the LaRaza. Approximately 100 individuals have been counted as belonging to this organization. The LaRazas are based in the Collier County neighborhoods of Golden Gate, East Naples, Immokalee and Bonita Springs. Gang members have been involved in armed burglaries and narcotics. The Latin Kings, based in northern Collier County and southern Lee County is believed to have about 100 members. It is speculated that the Latin Kings have ties with other gangs outside of the area. Members of the Latin Kings have been implicated in weapons violations and narcotics. An additional Gang Unit investigator has been added this year as a result of Byrne grant funding. However, due to cutbacks, appropriations are not available for equipment that is needed by the grant funded Investigator and other staff members and liaisons of the Street Gang Suppression Program. A document that defines the purpose of the liaisons to the Street Gang Suppression Program is attached. Computer, surveillance and camera equipment is essential to support the efforts of the CCSO program to eliminate gangs in Collier County. jh/a:gxpi pRQ~P3~4 DE$CRIPTIQN The Collier County Sheriff's Office Criminal Intelligence Bureau was established in 1992. The initial task of the Investigator assigned to this unit was to assess the extent and nature of the gang situation in Collier County. During this planning and analysis phase which lasted approximately 3 years, the Investigator documented the existence of organized street gangs within Collier County and identified approximately 100 members. Many of the gangs identified had their origin or received their inspiration from street gangs found in larger metropolitan areas. Concurrent with this finding, the Gang Unit Investigator was called upon to present his discoveries, first to law enforcement, and later to the public. The drawback in giving these talks was that they came to consume the majority of the Gang Unit Investigator's time. The presentations, however, communicated their conclusion that a gang problem existed in Collier County and ultimately lead to an expansion of the Gang Unit. A Senior Investigator and two Investigators currently staff the Gang Unit. These three officers are currently responsible for all gang-related intelligence gathering, graffiti investigations, presentation to law enforcement and non-law enforcement audiences, maintaining a liaison program with Uniform Patrol, media interaction, gang suppression efforts, pre-gang intervention, and counseling. Gang Unit investigaaors also work with Criminal Investigation Division (CID) investigators on many cases in which crimes are thought to have been committed by gang members. In addition to their other duties, members of the Gang Unit are currently engaged in the time consuming task of entering street gang information into a computer database. There is still a great call within the agency and from the public for street gang information. This demand has again escalated due to several recent gang-related episodes. Because of this demand for news, the Senior Investigator must spend his time giving gang presentations to various audiences and preparing gang bulletins. These duties leave little time for the Senior Investigator to participate in other gang-related efforts. Consequently, operational tasks fall to the Investigators. The CCSO fiscal year 1998 Byrne Grant funds one of the Investigators in the Gang Unit. This additional Investigator has increased the effectiveness of the Gang Unit in that two officers are always available to engage in operational tasks. With this enhancement to the Gang Unit, more proactive activities have been undertaken and more gangs and members discovered. A secondary benefit is that more time is available to Gang Unit investigators to present street gang information to law enforcement and the Existing liaisons have been strengthened by the addition of the second Investigator. New associations, intelligence gathering and attention to underserved areas have been a positive result. These activities will lead to increased arrests of gang members. The extra investigator has further strengthened the liaison program with Uniform Patrol, CCSO Drill Academy staff, Youth Relation Division (YRD), and Serious Habitual Offender Comprehensive Action Program (SHOCAP). Deputies in these units have been briefed on known gang members and indoctrinated in gang behavior. The goal is for deputies in these units to identify actual and potential street gang members. YRD deputies is also being asked to help with the task of transporting truant and suspected students who are gang members. The Gang Unit now works more closely with the CCS0 community oriented policing (COP'S) initiative in identifying environmental factors that facilitate street gang activity and growth. A part of this effort is assisting the appropriate branch of County Government in the enforcement of various nuisance ordinances. Improved identification of street gang leaders and members will result in the purchase of the surveillance equipment. The equipment needed ~.ncludes a ~ig~ta~ ca~er~, eighty i ~o 35-70 cameras, two digital mica, two concealed belt mica, twelve digital tapes, two remote switches, four camera equipment cases, 700 rolls of film, two digital recorders, one communication switch as well as data processing equipment including a notebook computer. The equipment will give the Gang Unit the means to implement other methods of suppressing gangs and prosecuting gang members. Tactics such as street sweeps, roadblocks, and the invoking of RICO or federal firearms statutes stand a better chance of being successful if members can be identified. There is a need for the equipment to improve the effectiveness of the Gang Unit to quickly apprehend and prosecute street gang members who commit a crime. Visual impact evidence about the activities of the street gangs is needed and not currently available. With the assistance of different types of cameras, evidence will be available to provide additional information to be abstracted as proof in street gang-related cases. Sheriff Hunter has appointed agency certified Law Enforcement Officers to participate in a special Street Gang Liaison Task Force. Each member has been selected to participate because of their proven abilities as Law Enforcement Officers. Seventy eight officers have received intensive training concerning street gangs and their related activities. The effect of the Liaison's participation in gang suppression in Collier County will be increased as a result of using specialized equipment to track and document gang activity. The major sources of information that the Gang Unit will use in the apprehension and prosecution of street gang members in Collier County will come from information provided by the 78 Gang Liaison Task Force and the public. The Gang Unit's ~fo~6~.~ ; , will be enhanced by additional evidence provided as a result of the purchase and use of specialized equipment for the Gang Unit and Task Force. Each member of the Gang Unit and Task Force is responsible for obtaining gang intelligence and reporting it to the Street Gang Unit Coordinator. Each member of the Unit and Task Force will be supplied with a waterproof 35 mm camera and 10 rolls of Kodak film. Each liaison will receive training for the use and care of the cameras. Other requested equipment will be available to all Gang Unit and Task Force members. The effectiveness of th~ ~nit and Task Force will be enhanced by increased surveillance, evidence, apprehensions and prosecutions. The combination of more effective Gang Unit and Task Force information provided by the public, will further support CCSO's zero tolerance policy toward the existence of street gangs within the community. In conclusion, the addition of the 'equipment requested will significantly increase the effectiveness of the Gang Unit and its internal and external collaborative partners at a time when street gang suppression activities will have a critical impact on crime in Collier County. a:~xpi d SkY I gg8 Drug Contrcl ~r.d System lrnpro~.ment Fcx~nul~ ~r-ant Program and Lcc.~ A=~,ce E. Pro,?am Ob;eCjves and PeW. crrrar~e I~ea~ures Complete uniform I:~O~'atn ob}ec'~ives and perf, orrrar4e measures (found in ~l;c~ncrrx V) l'or t,%e feder'aJ%, authoriz-.d program a~ea ),ou want to implement Your application is not complete wi'J'~u~ them ar~l an incomplete aFpIkaScn wll not be considered for sub~-ant funding. tithe p~g-a'n area ),ou selected does not have uniform pro,-am objec'Jves published in tY.~s dccJment or if you cannot relate your ol:jec"Jves to those ~'ated, conta~ Tom Bishop at 904/488-8016 for fur~er ins'u'ucJons. DO NOT mix objecSves from di,~erent ProE"~n Areas. IN CONJUNCTION W/98-CJ-SC-09-21-01-061 PURPOSE AREA 24 - GANG ABATEMENT HIGH RISK/GANG PREVENTION PROGRAMS PROGRAM' OBJECTIVES and PERFORMANCE MT. ASURES Law Enforcement Objective 24.11 Objective 24.12 To identify, collect, document, track, maintain, and distribute gang intelligence information to law enforcement units on known 900 gang members using automated data processing equipment during the grant, period. To arrest 150 gang members and gang wannabes on various law violations including responding and assisting law enforcement units in gang- related arrests during the grant period. Objective 24.13 To transport 75 gang members wannabes who were truants or students during the grant period. and gang suspended Objective 24.14 To educate and train co~,~Lunity on gangs. 1000 members of the Objective 24.15 To publish _m~ issues of enhanced gang intelligence (including pictures) to be distributed to all local LEO's. jh/a:gxobj The specific goal of purchasing the requested equipment is TO ENHANCE THE EXISTING CCSO STREET GANG SUPPRESSION PROGRAM by reaching the following objectives: '- 1. Assess the activities of gangs in Collier County by the use of equipment for surveillance and documentation. 2. Improve the description of gang members to insure an accurate and positive identification for apprehension and prosecution. 3. Increase the representation of law enforcement officer involvement in the activities of the Gang Unit's apprehension and prosecution of crimes committed by gang members. 4. Improve the timeliness of apprehension of street gang members that have committed crimes. 5 Expand the effectiveness of the Gang Unit and th~. Street Gang . Liaison Task Force. ~ ~...~~..:..,, ........ .. Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) Project Budget Narrative IYou mu~t describe line items for each applicable Budget Category for which you are requesting ~ubgrant funding. Provid. e sufficient detail to show cost relatior~hips to project activities. In addition, de~:ribe spec,ftc source~ of matching fun~. Start below and use continuation pages as necessary. SALARIES & BENEFITS~ Total Salaries $ 0.00 ~XPENSES; 1-Color Bubble Jet Printer ~-Digital Camera 76-35-70 MM cameras 2-digital mits 2-concealed belt mits 12-digital tapes 2-remote switches 4-camera equipment cases 700-rolls 35 MM film Total ~xpenses 300.00 1,200.00 10,000.00 550.00 620.00 150.00 170.00 140.00 1,600.00 14.730.00, OCO: 1-notebook computer 1-ScanJet 2-digital recorders 1-communications switch Total OCO 4,100.00 800.00 3,300.00 9.700.00 GRAND TOTAL $26,630.00 These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. Pursuant to Section 932.705 (4)(A) Florida State Statute, matching funds of 25% of the project's cost will be provided by the Confiscated Trust Fund. Purchasing methods conform to existing policies, regulations and procedures. Net.of all applicable credits does not apply. Allowable project costs will beexpended or obligated during the approved subgrant period. JH/A:gsbn Su&gr~nt Al~llct~n Pa¢ltagt $FF1997 $tctton Il. 6 PROJECT BUDGET NARRATIVE ~ALARIES & BENEFITS= 0.00 I - COLOR BUBBLE JET PRINTER One color jet printer is needed by the grant funded Gang Unit Investigator to provide professional quality printed documents. The printer will be a Canon BJC-80 Color Bubble Jet or comparable - up to 720 X 360 dpi in black and color and up to 4.5 ppm in black, 2 ppm in color. This printer is portable and will be used in the field to aid with investigations. Previously scanned photos of gang members can be distributed immediately in the field during critical incidents. 300.00 DIGITAL C~%MERAS 1.200.00 The digital cameras will allow the Gang Unit staff to photograph, document and store crime scene and gang graffiti photographs digitally in the data base. This method allows for easier courtroom presentations as well as a training tool. The camera will be an Epson PhotoPC or comparable digital camera with 24 bit color high resolution-640-480 images with a built- in image storage of 30 images at 640X480 and 60 images at the standard resolution of 320X240. 76 - 35-70 MM CAMERAS 10.000.00 The liaisons are responsible for every- day field investigations involving street gangs. The cameras will allow those liaisons to photograph gang members during street encounters. They would also be able to document tattoos and graffiti which is essential for gang enhancement statutes. The cameras will be Olympus Stylus Zoom Quartz Date or comparable with a 35-70mm 1 zoom, spot mode for focus, night scene flash and quartz date. ~ - DIGITP~L MICS Two mics are needed for use with the digital recorder law enforcement system. The mics are easily concealed and necessary for safety. 2 - CON~_I~D BELT MICS Two concealed belt mics are needed for use with the digital recorder law enforcement system. These belts are used along with the digital recorders to conceal the records during under- cover operations. They are essential to conceal the recorders for the f~ of the officers. The concealed belt mics will be SME NT-BC stereo digital microphones with edge port openings which are adapted for recording speech frequencies while eliminating most undesiraDle noises. The microphone elements are positioned to maintain the maximum achievement of quality audio in unfavorable conditions, such as a noisy environment or simultan- eous recording of several sources. 12 - DIOITAL TAPES Twelve digital tapes are needed for use with the digital recorder law enforcement system. These tapes are used with the recorders. SWITCHES The remote switch can be put into vehicles and residences when recording is necessary. The switches allow In- vestigators to turn the digital recorders on and off from remote locations. This allows the Gang Investigator to conceal the digital recorders easily. The remote switches will be used with the SME NT-2R digital auto-reverse micro recorder with a "Bad Guy" on only remote record switch (for informant use) and "good guy" on/off remote record switch which allows the user 550.00 620.00 150.00 170.00 to turn the recorder on to the record posi- tion and turn it off to the stop position. 4 ' ~ EOUIPHENT CASES Four camera cases are needed by the Street Gang Unit staff - one each for the Bureau Lieutenant, Gang Unit Coordinator, and two Investigators to conveniently accommodate various camera equip- ment when on the road. The cases will be QLL-MS or comparable leather look maxi system cases (4@35). 140.00 700 rolls - 35 MM FILM Film for the camera equipment pur- chased with this grant funding is needed by Gang Unit and Street Gang Liaison Task Force staff. 700 rolls of Kodak 200 speed 12 exposure film will be purchased. 1,600.00 TQTAL OPERATING $14,730.00 3 OPERATING CAPITAL 0ITTLAY~ I NOTEBOOK COMPUTER 4,100.00 One notebook computer is needed by the grant funded Gang Unit Investigator in order to input and receive informa- tion from vehicles, other office sites, at home at any time, and for presenta- tions. The portable computer has enough memory capabilities to bring all stored intelligence to the streets during investi- gations. The computer, along with the portable color copier is vital to share information instantly with field Investi- gators at the crime scenes. The notebook computer will be a Dell Inspiron 3000 Multimedia Notebook or comparable and will provide the multi-media performance needed by the Investigator with 233 MHz Pentium processor w/MMX technology, 13.3" XGA Active Matrix TFT Color In 233xt- (220-0987) and 16 MB RAM upgrade to 48 MB RAM total 32S - (340-0650~ and 4.0 G~g Hard ~r~ve. i - ~CANJET - COLORED $ 800,0~ A high quality scanner is needed by the grant funded Gang Unit Investigator to rapidly scan documents for presentations and court cases. This single pass scanner scans for print, screen, or electronic filing and has the capability of scanning photo transparencies and overhead slides. The ScanJet will allow the Gang Unit to scan and store photographs of gang members, their vehicles, and tattoos into the al- ready existing gang data base. ~is in- formation can then be taken into the field to assist in investigations. The scanner will be Hewlett Packard ScanJet 6100C or comparable flatbed, color, single pass scanner with native optical resolution of 600 dpi, and an enhanced resolution of 2400 dpi.The scanner automatically optimizes, scans for print, screen, or electronic filing. 2 - DIGITAL RECORDERS S 3,300.0~ Two digital recorders are needed by the Street Gang Unit Investigators · 4 as a surveillance recorder. The Unit enables the agent to record two con- tinuous hours of information gathering. The digital recorders are used by gang Investigators who are operating in a covert manner. These recorders will be used in undercover operations that are conducted by the Street Gang Unit. These types of operations are increasing as our gang members increase in number and sophistication. The digital recorders will be SME-NT-2 state-of-the-art sur- veillance recorders that will enable the Gang Unit Investigators to record two continuous hours of pure digital stereo recording for information gathering, and will operate over 6 hours on one battery. I - COM~I]NICATIONS SWITCH The switch allows the Investigators to block caller ID in all phones including cell phones. It also allows the under- Cover gang officer to put in phone numbers while contacting targets so they believe the call is coming from a different number. This switch is a very important safety tool. 3.700.0Q TOTAL OPERATING C~ITAL OUTLAY TOTAL BUDGET $11,900.00 $26,630.00 JH/A:BUNAR 5 The Prolec, Budget 5~edule ir~udes six Eudget Catego~s (~s ~ Ee~F~. Con~al ~er~es ~s. ~g ~ ~y (OCO). Oaa Pr~es~ng Se~es. a~ I~ire~ Cor~) ~ To~ Pr~ Co~. To~ L~I ~t~ m~ ~ a ~nim~ of 25% ~ To~I 8~L Ty~ or P~nt Do~r ~unu O~ ~ ~pli~ ~te~s a~ Lea~ ~em E~nk. 8~get ~te~ Fede~l ~ To~l ~ala~es A~ Eeraf~ O. ~ O. ~ O. CO C,~nt~a~l Se~es O. ~ O. ~ O. CO E~r~s 511,047.50 S3,682.50 $14,730.~ C~ng Cap~l O~y $8,925 .~ $2,975. ~ S 11, ~.C~ Dam Pmcessin~ O. ~ O. ~ O. ~ Indire~ ~orJ O. ~ O. ~ O. ~ To~ $19,972.50 $6 &57.50 $26,630.~ SFY' i P~B Oru~ Cc~t and ST~em I~ven~nt Formula Grant Program (~dward Byrn~ M~rn ~l St~ ~ ~ ~d £ ocal A~sLc~n ¢ ~ Pro~-~rn) ~. Acce='~nce and A~?eernent A1 persons involved in..or havlng_, adminb':rative· responsibil'~'7 for the sub~L,t~nt_, mus': read these ',~'r.,',,n,-,... .... and AeC..me~ condmons. Dart ot the comoleted aoolicabon. - ' Note Condition No. 13: Only project cos'~s incurred on or after the effective date of this agreement and on or prioc to the termination date or' a recipient's Droiect are eligible for reimbursement. - ' ' ° Cord'dons aA~ment. ~ ~ ofthls s.u.b~mant. ~ appr. o .ved al~.~c~n and t~e t'ollov,4n[ terms ot'co~itlons will become c~,n~. [won-comp,ante ~ result ~n project cos'ts bein8 disallowed. The t_e_rm 'dep~u'nent'. unless otherwise s'~ted, ret'ers to the Dep~rtment o~' Comznun~ AFfairs. The term Bureau, unless o~er,v~e ~'.~ted. re.ers to l~e Bureau of Commur,~y A~s~s'~nce. The term 'sul:~-ant.... recipient'. . re/em to, the goveming, body ot'a dty or a county or an Incran Tr[~. which performs criminal jus~ce funct~ns as cetermmed by the U.S. Secre~ry of ~e Interior. and includes an ~mplementJng a[ency' which ~ a subc~nate a~ency ora csty. county or Indian Tnbe. or an agency under the direction of an elected oF,,cial (for example. Sheriff or Clerk of the Court). ao Reports Project Ped'orrnance Re~::~r'm: The reticent shall submit department Ouart, e#y Pro~ec~ Pen~ormance/~t:~ to the bureau by February I, May I, AuD.~'t I, and within forty-five (45) days a~r the subgra~t termination date. The redl:~ent ~%~I1 subrr. ~¢ ~n,a.~ne~/P~/ectPe~nce P~po~ for the 'cH2fnal"r. roje~ pericd. T:n~ report shaJl be subrr~.ed to the bureau vAthin forty.five (45) days a~er the end of the orig~nel I::.'ojec period. The ~n~ba/'project per:od is [e~r'a~ for' twelve (12) months. In addi'Jon. ~' the subgrant award period is extended beyond the 'originaJ' proje~ per;od, add?jcnaJ (~uar'terty Prq/ect Pen'orrnance/~porz~ shall be su~d as well as a F'm/a/~ro/~ct Fe~o/-.w,,,ance ~-4't.qc~ The latter report shall cover the entire t~rne frame of' projec: activ~es and b due w~',h;n f'cr~- f'rve (45) days aher the end of'the extended perk:~. Finandal Reports: ,,o?.,,(.~ ~) aa, ys .,~he. r. me en,~., ,o! ~e re,.po~ng period..~uarterl), I~imbursement Claims (, ~ -.~) are aue mir'~-one (J ~) aays after the end of me reporting period. A Oai~ Re.l:~.rt. and aOi,'ni~l/~"~ice C'on:ct (,r~a,-x:a/) C:b$~t,°ac~,~ shall be ~ubmk:ed to Be[ore the ~n~? claim wfll be processed, the redpient must submk to the department a~l project reports and must t-~ve satisfied all special conditions. FaBure to comply wfth the above provisions shaJl result in forfeff, ure of reimbursement. The recil~ent shaJi subm/t de ,partr~. nt ~ P.ro~ct ~enerated/.ncorne Report' to the bureau by February I, May I, Au~.~'t I, Ina wimin ~orty-hve (45) days after the subgr~nt termination date covering subgr'ant project generated income and expend?tures during the previous quarter. (See Paragraph 14. Program Income.) o1'17' .. The r~dl:ie.':t shall sut;n'A other repo~ as may be reasonably required by ',he bureau. All reports, ins,ructions, mhd forms sh~l be db'lnl~uted v,~th the subgr-ant award. 2.. Flsc~J Control ~ Fund Accounting Procedures T}'~ redl:~ent shal establbh fiscal cont-ol and fund accounting procedures that assure proper d~sbursement and acc__c~rt~ng ~subran: funds and required nc~federd e.x~n6tums. All funds spent on ~is project shall be disbursed according to provisions of the pro~ect l:~dget as mppro~d by the bureau. A1 ex~encF~ures and co~, accounting of funds shall conform to Off,~e of Jus'tice Prograt~' ,G-~tr~/ U.S. C)epartment orJus'Jce Common Pyre/c~Sr~te anc~LccalC, ovemment~, and in federal Ofl',~e of I~nagement and Budget's ('OM~)~') C/rc~b~ ,4-2 /, A-87, a~/A-//D, in their entirety). All funds not spent according to this ,-greement shall be subiect to repayrr~nt by the recipient. 3. Compliance whh 'Consu~nr'~ Com~e:":/ve/Ve,~o~on The recipienL when appl;c~ble, a~ees to satbfy all requirements prov(ded in ~cec:bn 287.05.,¢, ,9:a nyre s. known as the 'Ccn~'/:an: s Co,pet~r/ye/Ve~ot~t/on 4.. A.~provaI or Consukant Con:facts The department shall review and a.~prove in writJn~ aJI consultant contrac'j prior to e~nployment or a consu~unt Ai:~roval shaJI be based upon the contacts compliance with requirements Found in the O~ce oF Jus'Jce Programs' FT~r~'a/6'u~L~e, U.S. Depa~nt ot' Jus~ce's Corrrnon t~/e 6r ,Crate and C~ve. ,~,r~.~?, ~nd in aF~'Ji.'c~ble s!-~te s~bY~s. The deDartment's approval oft.~e ~c;,Nent agreo..'n.e~' not cons*dtute approval of consul,tnt contracts. $. Al!owab~e Costs Allowance for costs incurred under the subgrant s~ll be determined according to 'General P~rz:iples of Allowability and Standards for Se.l~cted Co~ hems set forth in the Off'ce oirjustice Programs' ~'u~b~, U.S. Department ofJus'Jce s Common t~y/e/'or'~crate And/oca/C-ovemmen~and federal OMB s ~r'ccgrAlo. A-~7. 'Cost Prbciples for State and Local Govemments', or Ol~lB's ~rc'darNo. A-21. 'Co~ Prindples for Educational All procedures employed in the use oF fede~ Funds to procure services, supplies or equipment, shaJl be .a~cc, c~, ~g to ,U.S. Depanrrent dJus'Jce's Ccvrrnon t~/e fo~$rate a~toca/Goverrrnent~ or Arachm~nt 0 OrOMBs ~rcdarNo. A-I/Oand Iqor~cb Law to be eli~ote for reimbursement All t~vel reimbursement for out-of-state or out-of-grant-sped6ed work area shall be based upon wrf:ten approval of the department prior to commencement of actual travel. The cost Or all travel shall be reimbursed according to local regulations, but not in excess or provisions in ,¢ec~n //~.6~/, floricO .fra~4es. All bills for any travel expenses shall be submitted according to prov(slons in Sec~n 112.~1, P.:r/d~ Wrhten Approval of Changes in this Approved Agreement Redi:;ents shal obr~n approval from the department for major changes. These include, but are notlimited to: a. Changes in project, actjvhies, designs or research plans set forth in the appro~ea a ,g~.,e..r~.,..~.~..'..\; :.~. ;~, \ :. 998 Dn~g Cobb'o/anU 5kstem l~orovement Focmula Grant Prog~m Budget dev~tlons that do nor meet the foilov~ng crher;~n, l'hat is. a recipient may tra, nsfer furds between budget catego6es as long as the total amount of' transfer (increase or decrease) does exceed ten {I O) per:ent cf the total a~ budget category and the transfer is re-,de to an ~pproved budget line hem: c. Tr3nsfers oF funds above the ten ( I O) percent cap shall be made only E a revised budget is approved by the department Under no 6~ces can transfers oF funds increase the total l:~xfgeted award. Transfers do not a~ow for increasing the quantitative number of hems docurrented in any approved budget line item, ~-cr exarr'4~e, equil:rr~nt hems in Operating CapheJ Out!ay or Expense categor:,es or s'a~ pos?ions in the Salaries ar~ BeneFns category.) 8. I:~irebursernent Subject to Available Funds ~ o~ga'Gon of'de State cf Ro6da to reireburse redpients for incurred costs is subiect to available federal Anti-Drug Able ~ funds. 9. Advance Funding ~ funcfu~g is author(zed up to twer~y-6ve (25) percent of~e fede~l a~3~ for ~ach pmje~ acco~ing to Ee~n 2 l~.151(/ ~ ~o~a E~e~ (l~/J ~ ~ce orJ~ce Pro~m~ F~/ Gu~e, U.S. De~ent of J~e s Co~n ~e ~r ~te ~ t~/ ~~n~. ~e ~ng ~ ~ ~ ~ a ~p~nt u~n a ~n mqu~ ~ ~e de~nt ~ng t~ ~ed For s~ ~s. This req~, i~udmng ~e ju~h~6~, s~ll ~ end~ed ~ ~ sub~t appli~on. I 0. Cornn~ncement of Project Ifa l:~ject has not begun wi'~hin s~ ('60yl Uak~ after acce .prance of the subgr~t award, the recipient s,hall send a letter to the bureau indioing steps to ini'date the project, reasons for delay ar~ request an expected project stardng date. Ifa ~ h~s not begun wkhJn n~e~(~) c~7s'after acceptance of the subg~ant award, the recipient send another le:er to the bureau, ag'6n ext:daining reasons for delay and reque~, anotl-~r revised 1:~ sta~ng date. I I. Ex'ten6on d'a Co~:ract For Co~ Services E:~ter~ion of a conty~ct For contractual serv~es between the re6pient and a contrector (which includes a,l project budget catego6es) s%ail be in writing for a perk)d notto exceed s6~(6) monL6sand is subject to the saree terms and cond)6ons set forth in the in/t~J correct Only ~ extensk~n o~ the contact shaJl be acceptable, unless ~lure to complete the cc~tract is d~ to events beyond the control of the contractor. 12. Excusable Delays Except wkh respect to defaulls of consultants, the redpient shall not be in default by reason of any f~lu~e in performance of thls agreement according to its terms (including any fmlure by the redp~ent to make progress in the exeoYdon of work h.e. reunder whlch endangers su~:h performance) if such ~lure arises out of causes L'eyond the control and wi*J~ut the fauh: or negligence of'the recipient Such c~uses indude but are not limited to acts of Ccd o?.o.f the public enemy, ~_c~_ of the govemn~nt in either ks sovereign or contractual capadty, fires, flocx:!s, el:~em~, qusmn6ne re~, strikes, freight embargoes, and unusually severe weaff'~r, but in every c~se the failure to perform shall be beyond the con. troLaod...w~.out the fault or ne~igence o~the red~nt i ~'[.: ::-': .............. AI: 2 ' '"' ShY' IgC8 Dru~ C~'~t ~ S, vs~m irr~rn~nt Fet'rnula Gt~at Prc~ (Ed~ 8,rme /'4emc~ $:a~e and Loc~ ~.~nce o~t c~ c~uses beyond the control ot reop, ent ~nd consur~nt, aha wr~out tau~ or ne~gence c;~ e~Lher o~ lb, em, t. Se redpien~ shall not be deemed in de~auR, un/es~ ~. Suppl;es or services to be furnished by the consukant were obtainable from oO~er sources, b. The de~rtment ordered the redr~ent in vn-i6n~ to procure such sup~dies or services kom at,her C. The redp~nt Fa~d to reasonably comply with such order. Upon reques~ of the rc-dplent, the del:~r~-nent shdi ascert~ the f~cu nnd the extent of such and ~f tJ~e de~n! de~ermJres tha! any f~ure ~o I:erfc~rn wa~ ~ned ~ ~ or mom causes. ~ dd~ve~ sd~eduae ~ ~ re~d 13. Ob~Dat~on of Redplent Funds ~nt R~'xSs ~ not under an), circu _n'Ls~.~s .be o.~ga~ed, pdor to ,tl-~ efl'ect~e, da~ or s_ .ul:~que. n.t.to '~e terrrina~on date o~the ~r~nt re. cci: Oni. y pr.qect costs ~ncurT. e.a o.n or a .r~er me en~ aa. ze and on or prior to the term, nation clare of the reop~ent's pro~ect are e~,g~o~e ~or reimbursemenL A cos:. is incurred when the recipient's employee or consukant perforrr~ requ?red services, or wt'~n ~e re~p~ent receives gaods, notwithstanding t. he date or'or, er. 14. ProD-m'n Income (also known as Pro, eot Generated Income) Program income me,n,',.he gross in.come ea.,ned by th~ recipient during t~. su._lj?ant..peri.od, ~, dire~ r~_sdt of~ subgrant award. Pro~r~ r~.o ,me shall be handled according to t~ u._ce c~ jus'oce.r .rograms ~ ~..~-'~. U.S. Deoar',ment ofjus*uce s Common nu/e fo, ~r~te ~ Lr'c~! .~o~.,.ntr~nt. ~e~erer~e: The Ce.ch/~/eneEement Impm~ement 4ct of I ~0). 15. Performance of,~greement Provisions In the event of default. ~e or vioLs~n of a~y provision of th~s agreement by the redp;ent, t~ records cortsult~nts and suppi'~rs, or both, ?~e de~nt shall impose sanct~ns k deems appropriate th~ etTecdve d~te of such sancr, on. The reap,ent shall be pakl only for those serw:es satis~c~on~' performed prior to the effective date. or'such sanction. 16. Access To Records The del:~trnent reserve, s the right to un&TteraD/terminate this ~greement ift~e, recJpient. '.rnplemen?.g agency or co~tractor reluses to allow pubr~ access to all documents, papers, letters, or other materials subject to provisions of CT~p~er ~IR F/oH~a ~ta~ums, and made or received by the recipient or ks contractor in conjunction with this agreement. ao The recipient shall provide to t~e del:k~znent one copy. of ~n annual audit co.nducted in com~ ,w~ 7~ .,~,L~,e,eud;t,4cto,"iP84, P.L P8-$02. The aud~ sF~ll be performed .~ accordance with. fede~ OhlB's ~,~A-128~d other apprcable fede~ law. The contract for this agreement st~aa · I',F?, ',' t .CLy"M~I.P,~j~ I! ~'17 ShY ! ,~8 Dru~ Control er~ System Improverr~nt Formuf~ Grant the contact number, CFDA number, award amount, cont,~ct period, funds received ~nd &sbumed. When app~s~, the mciplent shall subm~ an annual fir-~nci~l audit whL-'h m~e~s the requirements cf SecG:ms I 1.4S nnd ]2 r 6.349. FloHc~ S~tu~s: and. Chapters 10.550 and 10.600. F~ules Auditor Gen~r-dJ. A corr4~lete audit report which covers any por'don of the eEec'Jve elates of thb a~ement m~,~t be, s~ w~thin 30 c~ys mJ~er ~ comple~n, but no later than seven C~ months ~Fter the audit period. In order to be cornl~te, the subrr~ed report shall include art/mmnagerr~nt letters ~ued separmtely Incomplet~ aud'r~ repods w~ nc~ be accepted by ~ del:~ztment ~ will be returned to ~ ru~Jl~nt, . c. The rt~c~ent sh~ have m~ a~ completed by an independent public accountant (IPA). The IPA sh~ll be ehher a Certified Public Ao:ountm~t or a Ucensed Publ'~ Accountant d. The ru-,~Splent sh~'nlc~ ~ ~ ~don within six (6) montJ~ ofthe issue c~te oFthe aucfr~ report ~n i~s olr noncompl'~nce ~ t'eder-~l laws and re~ula6ons. eo The recipient shall ensure thmt ~uclit v~rking I~pers are rr~de a~ilable to the departrr~nt. ~r i~ designee, upon request for & period of Rye ($) yea~ from the date the audit repo~ is issued, unless ex~nded in writing by the dep~ment f. If this a~'eement/s dased out w~out an aud~ t~e department reserves the right to recover may d/~//ow~dcos~ identified in ~n audk completad af*~r such doseout g. The com~rJeted audit reports should be sent ~o the following Office of Audit Services 2555 Shurmrd Oak Boulevard Sadowski Buflding Talbhassee. Florida 3239c).2100 18. Procedures For C~im P~imburserr~nt Afl claims for reimbursement oF mdplent costs shall be subrr~,~ed on the OCA-C/ t?e~ed ~y~, proscribed and provided by the bureau. A recipient shall subrr~t e/ther monthly or quarterly claims in order to report current project costs. Afl c~ms for reimbursement shall be submi~ed in su~dent det~l for proper pm-audit and po~-aud~. 19. i~tenrJon oF F~cords The redpient shall rr~int~in all records ~ documents fora minimum oFthree (3) ye~'s from ~e date of the find [r'~dd ~t~ment and be av-~l~ble For audit and pubr,: cr~;dosure upon request of dui7 authc~ized 20. Ow~rsh;p oF Data and Creatjve i~ter~l Ownership of material, cFr~oveHes, b~n6ons, mad results developed, produced, or cl'~covered subord;nate to this a~r~ement is ,~ovemed by the terms oF the O~ce oF Jus~ce Pro~mrns* ?'~nc~/Cu~e, U.S. Department of Jus~es Common Rule R>r Stete and loc~ Govemmenr) or the federal OMB's A-/ I O, ,,~c~ment N,, P~.-~.~.~,~ £~t (8). 2 I. Propert'yAccoun~bfl~ The recip;ent agrees to use ~ll non-expendable property for crirn/nai justice purposes during its useful life or request departrr~nt disposition. The redpient shall ~ rand admin~er a system to protect, preserve, use. maJnt~in mad dispose of~ny property Furnished to it by the dep~rtment or purchased pursuant to this a~eement acco..r~?,n~ to federal property management standards set forth in the C)ffk:e of .,l~'pro~. :~;~-~i! O'ce~'e, U.S. i i ! ,4 ,... :... · l De.oartrn~nt of' Justice's Ccr~"non F,u/e £¢rS~ anc'/.oc~/Gov~mn';ent)or the FeEer-41 OiVl,~'s C,~',ubr A-IlO, ,4~chment N. This ¢l=l;~atJon continues as long as the re~pient retains the I:roperty, notwithse~nding ex~imtJon cFthis a~reement. 22. Disputes and Appeals The del~r',m~nt shall 'rr~ke its decision in wr~ng when responding to any d'~putes, d'~aD'~emants or questiom of~t ar~ under th~s aD'eemant and shall dis',n"oute ~ response to all concerned i~rde$. The recip;ent shaJl prcx:eed dili[entJy wkh the performance ot'this agreement according, to the de~rtn'ent's the mdpient appeals the department's decision, it s~ll be made in wr~.'ng within twenty-one ca/end~'da)~to the secret~ry oFthe dep~rtrr~nt, whose decision is final. If'the redpi~nt appeals the department's decision, it also shaJI be rn~de in writing vathln ~ng,-one c~/enc~r d~Zs' to the dep~nt's clerk (asency clerk). The reclplent's risht to appeal the decision is contained in Chapter 120,/gon~'a Statutes. and in procedures set forth in Pule z$-$.20-~1., FFo/'~a ,4~rn/n/s~a~ Code. ~ilure to appeal within th;s time frame conzJt~,es a w~iver of' proceedin~s under Chapter 120, r"loHda 23. Conferences and InspectJcn of Wo~ Conferences may be held at the reque~, oF any pa~y to this aD'~emant. At any time. a rep~esenta'Jve oF ~,e bureau, oF. the U.S. Departrr~nt oFJus'Jce's Bureau of Justice Assistance or both h~ve the prb~]e.ie of vising the project s~te to monitor, inspect and assess work pefforrned under this a[ree6nent. 24. Ful~c3tion or PrintJng of Reports Before pubF~:ztJcn ar ;:4ndnF,, z ,=~'~J dm,", o: ~;y report required under or Per'~ning to t~s a[.~e.ment shall be sent to the bureau for ~ review and com~nent b. Pul~ic3tions or printed reports covered under a. above shall include the fcllo~ng statements on the cover page: 'This report was prepared for the FloF4~a D~partrn~nt of Commun;~ ASairs. James F. P'~rley. Secmtax7. ~ cooperaSon with the U.S. Department of'JusSce, Bureau of'Justice Assistar~e.' The next printed line s.haIl identify lhe month and yezr the report was pubr~hed. 'This po&n-am w3s SUl:~Ojled_ by D'ant # awarded to the Depa.-tn'ent of Communky AT-aim. State of Florida, and by the Bureau c~J~ Assk'ance (BJA). C)Ex:e ct' Justice Pro~.x~s (OJF), U.S. Del:ertrrent of Jus'Jce. The B,IA is a component of OJP which also includes the Bureau of Justice Sta 'tLstk:s, N~tional Inst~ute ofJus'dce, Of~ce ofJuverule Jus'Jce and Delinquency Prevention, and the Of~e for V'~-tims of Crime.' 'Points oFview, opinions, and condusions expressed in this repo~ are those olrthe recipient and do not necessarily represent the oflr~jaJ pos~Jon or porKjes of' the State of I~lorida Oepar~'r~nt of Co~ AFters, the U.S. Depar'u'rent ofJus'dce. O~ce of Justice Pro~mrnsj or any other agency ofthe state or federal ~ovemment. ?.5. Equal Employment Opportunity (EEC)) No person, on the &n'ounds or' race, creed, color or national oH[in shall be exduded From ~rtidpation in, be refused benefits of. or otherw4se subjected to discrimination under D-~nts awarded _pursuant to ?ub/Fc 1~w ~9-564, Non.~~on /~quiremen~ of flsa Anf-Dru~',4/x~e Act ofl988: /~'~hts 4ct of 1964; 5e.,z/on 50~_ of t6e R~6ab/t~t/on 4ct of 1973 ~ amended; T/tie/XofE~e .Educ3Gon A,x~ndment~ cY' 19/'2: 7'~ A~e DFsoYrnina~on Act o/'1975; ~ ~anYnent ofJus~ce Non-ObcHn'~'na~on ~e~u/at/e~s 28 CFR Pan 42, 5ubFar~ C, D, E F, G endH. k?;', 2 1 C;¢/ ;' .. F;.__ .... ShY' ! gg8 Dru~ Con'/c/~r~f S,v~em Impro~rnent Formula G~nt Pro~cmm ~-dward Byme M~moWal Sure a~d tocal A~sis:ance Pro~r~n) ~ mc~pler~ a~d a criminal jus~ce agency ~nt g :he im~rem~n~ng ~$en~ agre~ to c~ ~t ~ey e~er do cr do ~t ~et ~ ~ ~da ~ ~t Er~ ~ ~ 501 cf rne Federal 0~,~ ~ ~o~ and~afe 5~e=~ ~1~68~ a~eda~ ~t ~ey ha~ or ~ ~t fc~lated, imple~nted a~ ma;n~in~ a ~nt EEO P~. Submission of ~k ce~tion k a prerequ~ke to ente~ng into · k a~n~ ~k ~~ k a ~1 mprese~n of~ u~n ~ ml~ ~ ~ced ~n this agreement ~ ~de. If ~e rec;p~nt or implem~n~n[ a[~ meat ~ ~ b~ ~ not fc~ubted, im~e~nted ~d ~in'~ned s~ a ~nt ~en E~ Pmg~m, ~y ~ /20da~a~er the da~ ~ a~ee~nt ~ ~da to co~ ~ ~e ~ or ~ce bss of fede~l ~ su~eC to ~ (~[e~nce Se~ 803 (a) o[ ~ ~ 42 ~5C ]78] (a) a~ C~ ~e~n 42.207 Com~e Any state agency, county ar ok7 receiving $500.000 or more in federal XnU. Dru~e X~funds shall subn~ the~ equal e~nt opporttmity plan, and/or the most recent update, with their a~plicat~on, for subn'~al to the U.S. Department cf Jus~ce. Eureau ofJus~ce Assls-t~ce for approval. 26. Americans wi~ Disabilities Act 1290 Subgrame~ rnu~ comiC/with the requirements oi' ~ge Amer~ans ~h Dkabil~es ~ (~k), Pubrk ~w 101-336, ~ ~ d~m~on ~ ~k and ~te en~ on the ~;s of d~T~ ~d requires ~ ~om~m ~ ~e ~h m~ to em~lo~nt ~e I). rate and J~ ~m~nt se~es and ~ns~ ~e H). ~ubl~ accom~dations ~tJe III), and telecommuni~ons ~e ~. 27. C6rn;nal Intelligence System ?re pul:x:~e of the fede~J regulation pub~hed h ~ ~ ~ ~ . Po/kie~ k to ~sum ~t md~enm o~ fede~l ~nds for ~e in~rli~nce ~em under ~ O~l~ CH~ Ccn~land ~fe f~e~ of lg~8, 4~ ~ 3701, et · eq., ~ a~ed (Pub. L 90-]5/, ~ a~ed by Pub. L 93~3, Pub. t 93-4/5, Pub. L 94. 43~ Pub. L. ~4-50~, Pub. ~. ~- //5, and Pub. L 96-/5~, use those ~nds con~o~l Hgh~ oF The redplent atcl a crirri~ jtm~ce a~rcy ~at is ~ implementing agency agree to ce~ that they operate a ch~inaJ ~e~ence sTs~rn ~ ac¢_~anc~ w~h ~ 802(~) and 818(c) or,he Ornm~ CHine ConoDI · ~d~e So-~.~ctof1968as amended andcomply with crftefa a~ set for, h in 28 CFRPa~23 - CHin/hal /n_te~'~nce_5~.e.m.t.Ope~'n.,~Po&c"e.~.and in the Bureau of Justice Ass~tance's Form~.. G~t Proem ~u/dance. Submission or tn~s ce~ncation is a prerequisite to entering into this agreement. This cerdf"cat;on is a material representation of fact upon which reliance was placed when this agreement was made. I~the redpient or criminal justice agency operates a criminal intelligence system ~ does not meet Act and federal regulation criter~...th~.~ ~ indicate when .they i:dan to come into coml::R'ence. Fede~ law ~ a subira~4unded crim~ ,~tell,gence system pro. ~. ct t? be in compr~nce with th~ ~ct arcl federal mgulal~on pn~ the award of federal funds. The reolment ,~ respons~%~e fo?the continued adhererx:~ to the regulation governing the operation of the system or faces the loss ot'lrederaJ funds. The department's approval of the redp;ent agreement does t~t cons~tute approval of the subgrant development or operaEon ora criminal intelligence s~-tern. 28. Non-Procurement. Debarment and S~.~pen~ion The redpient agrees to COml~, wkh Ex-ecu0~ Order 1254R l~ebat'tr~ntandSu~pen~bn (~4 CFR. Fart 8~, 5ec:~ 85J10, ~t~ F~emon~?/0~s). These i:x'ocedu?es require the re6p;ent to ce~/it shzll not enter into an), lower tiered covered transact]on with a person who is debarred, s~pended, declared ine[i~ble or' is voluntan~/excluded from Far'~dpating in this covered transact~n, unless aut~Hzed by the department. 29. Payment Contingent on Appropr~t~on 'i'ne $~'te of 1:toHda's performance a,.x:l cld'rga'6on to pay under this agreement is contingent upon an annual appropHadon by the Florida Legislature and S/~n I~pro~n~nt Formula ~nt ~rn 30. Federal Fu~s'~c'dons on Lobbying The reciplen: a~ees to comply with Section $/.~ c/'?ub//¢ L~v/0 L~bbyin~,, Imerirn fTr~l Rule. ' pu~'shed in ~6e ~eb.~a~ 26, 1 ~90, ~edeml ~ ~n 5~ file ~e ~ ~ent cd,on oF ~is Ce~ifi~tion A~d ~sc~osure Ko~, if appli~ble, w~ e~ sub~sbn ~t inkiates a~e~ considem~n o~su~ ~(~ca~ o~ fede~l con~=, ~nt. c~m~ agree~nt o~ $ I ~,~O or ~m: or federal ban of ~ made. Su~s~n oF ~ ce~n ~ a ~emqu~ke to en~eHn~ ~~ ~ ~s i~sed ~ Se~bn/352, ~We 3/, Un~dSmms C~e. ~y ~mon file ~e required ce~f~n ~ sub~ ~ a ~1 ~ of ~t kss ~n $10,~ a~ ~t ~m ~n $1~,~ for ea~ ~ure to file. ~e u~emi~ed ce~fies, to ~e ~ o~ his or her k~ed~e ~ ~lieC a. No federally approp~ted fu~s have ~en ~id or s~)l ~ ~id to any ~mon for infl~ndn~ cr a~ to ~e an o~r or e~lo~E o~ any ~edemJ a~en~, or e~e oF con.ss, or an employee of a ~m~r ot con~ress ~n conne~on oF any federal Io~, ~e ente4n~ into of any rene~l, a~nd~nt, or mud;fi~Uon oF any federal con~, ~nt, ~an or c~b~ a~reement. b. If~ ~n~e~l ~nds ~ ~en ~ or s~ll ~ ~id to any ~n for infl~ndn~or ~emp6n~ to influm~ an o~r~ employee oFcon~ss, or ~ em~yee ora ~m~r oFcon~ss ~n con~n ~ ~bFede~l con~, ~nt roan, or c~~ ~e~nt submk ~ ran~ fo~, D~dosum of Lob~n~ ~es, acco~n~ to ~ ~ns. c. T~ u~emi~ed s~ ~uim e4. ~ ~e oF ~is ce~JG~6on ~ ;~luded in a~ d~u~nu Far a;I sub~nt a~s at all tiem and ~t all su~nt recipienm s~ll ce~ ~ disclose acco~in~. 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of' Sec'don H, Acceptance and AD'eement. the expendkure or' funds for the purpose oF Icbby(ng the legislature or a s',ate agency is proh~hed uno, er this ¢~ntract. 32. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press relesses, requests for proposals. ~ solicitations, and other documenis describing pro~ects or prowams lunched in whole or in part w~th fede~l fun~. all gr'antees ~nd recipients receMng these fede~ funds, including but not. limited to s'tate and local ~ovemments. shall dearly sure: a. The percentage of. the total cost of the pro&n-~m or project that shall be financed whh federal ~unds. anc) b. The dollar amount of federal funds to be expended on the pro,eot or program.. 33. Proiect CJoseout Pro, eot funds wh~..h have been I:~'operly obli&nsted by the e..nd .of the sul:~'ant funding period will h?ve ,cO W~' in which to be F,:luldated (expended). Any Funds ~ot I,quidated at the end of the ~O-c~),pe6c~ lapse and revert to the deparbn'e~ A sub~,r-~t funded pro)ect w~ll notbe dosed out until the redplent has satisfied ,~'doseout requirements in one f~/subgr-~t doseout package. 34. It is ~tx~n~ty recorru'r~nded that a~l proD-an~ t,~r~etJng juveniles, implemented by o~er~than, a sworn ~w background checks on all personnel providing dJrect serve:es. ..: . ' ' :,'::; .... 3.5. StY ! ~$ On~ Consol and S~m Impro~n~nt ~'~,rqtu~ Pa~ In ~ whemc~. ~he F4u~ies aSrrn ~y e~ch have read and a~re~ to concr~Jons s~t ror'~ in this have read and unde~ ti'~ ~D'~em~nt in ~ en~y ~ hav~ e~r~o, rt~d ~ agreement by autho~-_cl ol~cers on the d~te. month a~l year set ou~ be~. Correct'ohs indud/h~' s~,~Tc~ov~,-s-, wh/t~ou~, etc., on ~i.r pa~ ar~ not accep~ble. D~part, rne~ c~ Co'rrnu~ Ar'airs Eur,~u d Corr~x~nity Assize By:. Type Nzme and TrtJe:, Type Narr~ ~d 'Crde: Barbara B. BerT, Chait~cxnan, Collier County Cc~ission Date:. Aocil 28, 1998 FEID Numbe~ 59-6ooo55~ · lmplemerd_'ng Agency  ~D~d,~J, Adminis~tc~ c~ De, grated Representative Type Name · . nter, Sheriff Date: April 10, ~95 Al)provecl u ~o [or~ & le~.l mu~/i,iia~}, SkY/998 Drug Contro/ and System /mprovement Fomnula Grant Program {Edward Byrne l~lemor~al 5tate and t ocal Ass/.~tance Program) SECTION I!1 APPLICATION P,,EVIEW CHECK! IST Oru~ Con~'oi and STs'tem Improvement Forrnul~ Grant Pro~r-~rn (Ed~rd BTrr~ IWe.,r~f~l $~te ~n~ Loc~l As~is'~t~e APPLICATION CHECKLIST I. APPUCATION Ifthls is a continuation projec~ did you aheck 'Yes' az~d enter $~te Project ID Numi:er for the I:rev~o~.~ yea'.: Narr',~s and ,~dresses (Section A): _.y,_. I. ~t~enan~fthe~u~:~a~dpientCJ~efE]e~tedC~c~(A.~thenan~ftheB~r(~rac~r the I'~yor (for a dt'/')i~ Is this the s~me .person who si~d the si~'~tur~ pa~ for the Suk~a~t F~c~.~ent ¥ 2. Isthenarne~ftJ~eC~ef~~f~cer(A.2.)c~n.ect.i.e..isthistheC~niefF.u.~:-;a~r'~cerf~rt.~eSub~*ntee. not the Implementing Agency? ¥ 3. Is the name of the Implementing ~ger~-y Chief Exe,-'ut~e Officer (A.3 .) correct (e.g.. the Sher?T C)f~. ti-~ Chief for a Po[ce Depar,-nent. etc.)? Is this the sarr~ person who si~d the s~D~a:ure Implementing Agency? y 4.. Does the per,on ~enti~ecl as Project Director (A.4.) wo~ for the Implementing Agency in A2.? If ~.ere is a Con, ct Person other than me Pmiem Direr, or. did you enter the con-em r~ne. ti'~e, adclress, i:l'~ne ancl ~x numbers in the application? A:~minis:ra~ Data (~ec'~on B): y. 1. IDoes the projectti'~ec:x~':cf84~e"-~rsat'x:lsr-~-ces°rless? Does the tJ-,'e dearly ~entify the ~.mie~ ~.l .). i.e., if'/: is a second-year DARE Project, i'. shou~ refleX, DAR~ II, third-year, DARE III, ¥ 2. Is the correct subD'ant period entered? Rscd Data _¥. I. (S~ction C'): if payment is not rerr~tted to the Chief Financial C)~er (A.2. in C. I., k can only be remJ:t~ to c~e of t~'~se identified in A. I., 2., or 4.: i.e., 'dm Subgrant FLedpienL Implemen~ng Agency or the Proje¢'., Dire~.:r. Y 2. Is the metJ~ocl of payment, i.e., n-4~n~ly or qu~terly, reflected in C.2.? ¥ 3. IstJ~Sul:~r~n~l~dl:~r~'sF~~~e~Nurr~r(FiDD)r~flectedinC'3'?' Is this s~-. ~ number reflected in the Sul~'~nt FL~dl~r~ blcx~ on the si~ure pa~e? 4. If proiem ~ner~ted income c~n be e~'ned from pro, ct activ~es, h~s 'Yes' been ~e~Sced in C.S2. Program Data (Section D): " y I. Is the problem to be addressed dea4y znd briefly identified? y. 2. If this is a continuation pr~jecL did you bdeHy describe project activities to elate ~c~ expl~n any ~r"s bet,veen current and desired results? ¥ 3. Are requested resources (personnel, expenses, equipment, et~) suff'~ent to address the identi~ed problem. H~ve you dearly identified how these resources w]l be used to address the problem? m~thcdclo~ ¥, ~. ~ proposed pr~ect active;es (w~t), people to be served and ser~e prov~ers (who). for accomplishing th~ project (how). service/activity Ioc~6on(s) (where), I:~'p~o~.~ .sc~..u.~(s) (when) ? Dru~ Con~'ol ,znd SZs'tem Improvement Formula G~nt Pro~t-a~n (£o~ B, vrr~ /~*4y~l S~te ~nd Loc~ As~is'~r~e N/A 5. If con.crud ser,~c~s ~ be ~se~ to ~mt:leme~t any ~ ~ the ~roje~ are ~r:~sed se~es de~ ~ · ~ct~es Irnplementat~3n ~.hedule (SecSon D , y 7. Are key ac'jvfdes For imp!err~ntJng ti'~ proposed project F~ed? ¥ 8. Are the dates filled in correc'dy? CYoje~ & Performance hleasures (Section E): Y I. Are the Uniform Program Perforrrance Measures used in the application correct fcr the fe~e.-gly authorized I:urpose area for which fede~ funds are requested (Appendix V)? Have the required perr~rrr~e ir~c~tors been inserted in the apprOl:~te blank spaces? V 2. ~re the haw.bets in tJ'~ pe_r~:rrr~r~e ir~catcrs real.Jcl (For continua*ion p~iec*.s, use dz~ in curre,'.t ciu~e~ repor'~ as a basis.) ~ 3. Have self-generated ~ speC-~ ~ ~e pro, ct been included? Are t~se self-~er~rated cbjecJves worded to provide numerical (me~surable) performance indicators? Budget N~'rnt}ve (SeCJon F): N/A i. If ~ and Bene~s are i~guc~ed in ~e I:~get are sabu~ figures reasonable a,-'4:l consir, ent w~'.~ agency salar:~s paid for simi~ wo4c.~ ~ 2. Are FHnge BeneFrts identified and c~Iculated correct}x? Do caJculatJons using idend6ed percentages eq~.~J the 3. If Ore,me is a I~ne kern in the Salaries ~nd Benef'~s Cate~wT. is it s't3ted that the amount indudes both s~ and beneF~s, salty and speckled benefits or saJary only? N/A 4. N/A 5. ~ 6. Is the net personnel increase raternent included in the Budget Narra~? (For the fin't ye~ ora p~ject s'a~e tt~t the I:mposed po,J6om are new and w~ resdt ;n a net personnel increase to the agency. For a con6nu~5on project, s~te that this continues the net personnel increase estal:~shed du~ng the inh~J year of the gr~nt program.) Are job duties briefly descrroed for all requested Have services been identified and described? N/A 7. IfComr'a~___~J Services are service4:~sed, is the unit oFservice defined, and the number ofunhs and cost, ~r unit ind'ce, ted? N/A 8. ¥ 9. ~!~10. flOPS personnel are included in the Contractual Serv(ces ategory, are job dudes b4etly descnZ~ed) If funds are in the Expenses Categor/. are de~ed line items estabr~hed? are necessary to achieve progr'~m objectives, has a I~ne kern been er~bl;sheclf " ~on~'oi ~nd SA,stem /mprovement Forrnul~ ~r-ant Pro~'r~'n (Edward B),rr~ Plerr, cn'a/ S~te ~nd Loc~/ ~$i~e Pro~'r~rn) If R,~ds are in t~ Optratlng Capital C)u~y Categcry, are line items in confo~ with County cr C~y Put:basing la~u~rements (e.g., ifa purchasing threshold is $500 per item, then only individual kerns cos'jng S.:CO er m~re would be placed in this category.)? t~/.~ 12. If fur'~ ~re ident~ed in tJ'e Ind'rect Cos: Category and the subgrantee is a r~te agency, c~¢es this aF, en~/have a currentJy approved (by a cognizant federaJ agency) ln~rect Co~ F~? Is it at'.~c,hed? N/Al3. lt'R~s a~e ide~ in the Ir~'~'t Cos:, C,,~gory and the subg-antee is a city or county, does th~s agency have a c~mem ~ ap1:t~ved Ir~r~ Cos':, Ran? is it included w~,h the applicrJon~. Is the co~ correc'Jy c~!¢J!ated on the cos:, bas~s and appro~d rate in '~e r.~n.~ y . 14. Does the Budget INI~,~ ir4~ude a s'~temem ~at. t~ purd~asing rr~thod to I:e used confom',s to e~s~ng laws and regulations? ¥ '~ $. If special equipment ~11 I:e purc?~sed, dces the verbal na~'r-atJve include ~ desc:~pSon cf equiF, mer.: ~.'4 jus~fic~'~on for the necess~ cf tJ'~s equipment to achieve project objectives. Y . 16. Does ff'~ Bud~--: h~.m'adve ~ent~X:.~'~ sp~dfic source cFrn~'~'hlng fi~r~Ls for the proje~ (e.g., l=ud[e~e~ general revenues)? Is all m~'~h in tge form cf cash? ¥ 17. bce ~ malf~ernaSc~l c:~cula~ns correct.? Are al kerns p~ in corre~ budget ca:egorles? Does ver"~ natraSve infom'~don correspond with each ca:egoty.~ Budge: Schedule (Se~on G): ¥ I. Is each Budget Narrative Category to~ correc'~y pieced in ~ zpprcpri~te space cn the B~Ee: Sched. u~e? ¥ 2. Is match c~culated correc'Jy? Are m,~td'.bg funds a minimum of 25% ~-~en:) cf the total budge: ~'n~un:? ¥ 3. Is the feder'aJ arrx~unt total the szme amount as the federal amount for this Proie~ in the 51% le.':.ers? ¥ 4. Do ail cc:bm, ns add across (Federal + I~,a:ch -- Total). ~s well as down (Federal column. Ha'~:h cclurr~, Totals cclumn)? S~gnature Pa~e (Section I): ¥ 1. Are there two signature pages ~ original signatures by the Ch;er Eleczed Off, al identified in A. I. and the Implementing Agency C~iet' Executive Offi~ iden~d in A.3. of Face Page No. I. N/A 2. If any signature does not mz:ch the persons identJfied in A. I. or A.3. of Face Page No. I. h~s a Ccmm~ss';c:n Resol~ or o~her S'~,r~.:um. h~J'~x~y Aumc:riz:c~n from She ap~:~-opria:e off~daJ for th.e signer(s) been ¥ 3. Are ~ dates filled in? Is ff'~ C~ cr Coumy Federal Employer Identification Number (FDID) filled in? Is this the same number identif'~d in C. I ..~ Y 4. Has this page been chewed to be cer.~in t~: there a~e no white-outs, cross-outs or tyl~eovers? II. SPECIAL CONDITIONS Letters or'Agreement: Are Letters of,Agreement (Appendix I) from at least, 51% (percent) of local govemments represemin~: z: le,_st 5 I% (percent) of the po~ ind'ca~g agreement on exl~nd'rture o~ta%e county's ~ocation in this al:p&:~tlon! Each apprK:atJon must include a full set of letters. GRANTS ?_.ANN.OT-BE.,. AWARDED., ~AffT'HOL~ THESE LETTERS. I ;' ' ~ ....' "' ; ~,T-t~ -, .-. %. . .. . .~ I., i~ :: '~ ;.,.. ~c~,~.~,~:~ · '~'~ : ¥ 2. y 3. Dru~ Con~-ol and Sys~ern Improvement Formula Grant Pro~rn (Ede~rd B, vrne hCern~rial State and Loc~l,4ss/s--~n.¢e Progr-~n) Are d'~ letters in the required forest (~xcpend'oc I). r~-'Jng each ~ppfica'Jon v4thin the county with ccn'e~ amcunt? Is tJ~e aznount identJSed ~r~s prcje~ the same as thru fede~ ~rr~unt on ff'~ Projec: Bud~ (Federal column to~.) Is emch letter si~ed by the Chief Elected Official (e.[., BCC Chair t'cr County, I~yor ~cr e.,ch C~/)! I-bye mques'.~d Lc~ds for di proposed subD-~nts in the county been touled and is this equal to cr less t,~.n the toUl air raj1 funds aJlccnted to ',he county] Equal Employment Oppor~unk~c. Y I. Is the Equal Et:nployment Oppor~nky (EEO) Cert~ation Le:er (Appendbc IV) for the Sub~nt Pecipient c:onT,~L-,cl ~'d ~ s'~'~:f~. If~ Imf:lemerrdn~A~ency is ~ SherifFs Ofnc~. Po~:e ID~i:~"-~n~nt or ~ other ~ justice ~ncy. is th~ E,~D Certific~n Le,'t. er for the C6rnbd Jus'~ce ImptementJn~ A~..r~y complet_--d. siD~<l ~nd ~t~ched!. ¥. 2. Has the EEO Ran been reviewed to be cer~sin tJ'at it meets requimments in the federal Buresu of Jus':~e Ass~s'~.nce (B.IA) Seven Step C-ulde? N/A 3. ff figs p'ojec: propcs~ t~ ~.xper41SSOO.OCX) or more, is a copy of :.he subKranme EEO Proi,-am I:~n ~d/or t,h~ ~ recent uF.x:late in this appllc~tion pac~e so ~e BCA c~n submfl: it for approval by ~'~ t3JA~ Concr~c',ed Sem4ces: N/A I. If ccntmc~ual services are included, is a '~e~ate' con~ a~ed ~r B~ m~w ~ ~pm~ ~es k ;cd~e Se~on H. ~cep~e ~ A~e~nt in ~fl or ~ referee? (~quired.) ~r~omated Daa Processing (Compu',er) Equipmentz y I. y 2. · N/A 3. If computer equlpmerrt cr ~o~,*'~', v~ll ~ purchase, has an ADP E~pment Form (~cper~lix Iff) been completed, sidled by ~n autho6zecl si~ner and en~osecl with the appika'don? Is there a s-~ternent or r,sl~nse to a~l kerns on the ADP Equ~xt'ant. Form] If so~:wam will be developed, is an ~nal,/~ of deveb~ng so,ware as opposed to ~mg pre-padca~ed software wrf:ten ~nd is this ~ analysis included with the ADP form.~ Does tJ-~e anaJysis provide zmple justific~n to indicate t~e advan~ges ofde~loprr'~nt over a pre-padcaged purchase.~ Sole Source Jus'dF~5on: N/A !. If e~r~ or services (inducting ADP equipment and soEw'~m) will be purd'.u~d from a sole so~e ~ t~e arrount is S I00.000 or mo~. k & completed, si~ct Sole ~ource Jus"Jfx~f~n Form CApper~0c Irj induded with this appa:a'6on so that itcan be s~ to ~he B.IA for appmv~ N/A 2. Does the Sole Soun:e Jus'~:atJon form respond to all otrthe requ;m,'J kerns from the perspective of the County c~' City sub[~ntee (not the proposed contractor)? Is the form si[ned by an authorized si[~er? Task Force: ~z/a, I. It' this law enforcement appf'cafon wit1 use gr-~nt func~s to implerr~nt a Task' Force project, has introrn~tion ~Task Force agency m~rr/c~rship, adrninlstralJve board, current s'-~and c~1:l~[r, d~ been included in the ProD'am Data? · ... Oru~ Con,roi ~nd System Improvement Formula Grant Pro~cr'~rn (Edward B, vrne t'lerr~n'N State and £cc~/ Assis~nce Pro~'rarn) Contldentjai Funds: ,~/& I. Iftln~s bw eniro~e~nt appl'~t~=n inciudes Con~en~l F-~Jnds ~ · l~ne item in ~ ~es ~gc:~, ~ ~ CertiF~:~tion ot' Cont'~ential F-un~s (A~pend'n( Vl~ been si~ned by the appropriate author~ and at'.~ched) Comrnunb/OHentmd Pol~cini: Crimi~ Intelfi~ence Systems: N/!k I. It' ~is law enforceme~ application ~11 use ~ fur~.s to implement (pu~ ~or o~.'~te) a ~ int~lli~er4e system, hes the Cdmlnd Int~lli[ence System Cer'~Fx~tion ~ Crimln~l Int~lli~nce Sys'~m Pavlew chec~q~ been requested Dom ~e BCA. completed ~! attnched?. III. SPECIAL CONCERNS I. IFff-~ sul:~rar~e has an7 currant projecs in progress, have ali o~ing SpedaJ ConcFdons and/er CondhJons been satisfied For these pmiects? this appr<ntJon is for t'ede~ funds to CO,hUe a current sul~t-~t pro, eot l~ve ~11 fin~J ~'~ proD-~n perforrr~nce mqulremen~s for this projec~ been met (e.g.. ~'~ the Qu~t~rty F~por~s ~1 ~'~r~..~J C~_'_.-ns up to date?).) ¥ 3. If the oi~idals iden~ed on the si~tur~ pa~ will not conduct c~ly project bu~ness ~ wish to c~es~ a letter desiD~atin~ siD'~tum muthod~ been included in the appl'c~t/on padcm~? Does ~ le~er inducle sigr~ums oF both the person ~4ng si~tum authority ( .w~o signed the agmeme~ si~-~tum pa~e) rec~ent oFtJn~ signature y 4. H~-v~ ail ~ ~J spedal co~ iderd~cl in the Pro~-~rn Announcement and in sub&,r~nt mppr,=~on and corrb~ct information been mviewed to mssure that th~ proposal meets requimmentsT ¥ 5. H~s Section H. A:cep'mnce ~:1Ag~eeme..~. been induded ~s ~ or'the ~opl'~:~n? y 6. Has this Application F~vlew Ched~ been completed ~d enclosed wi~h the appr,:~6on.t ¥ 7. Are two complete cop/es oFthe appG:z'Jon ~ original s;D~etums being sub~tted? y 8. Is the appllc~tlon being rr~ed so that it ~ a~ at the B~ no later than t~ aooli~ti~ d~ date? Is the ~ppli~don ~ge ~ing ~d ~ ~e ~e~ B~ ~ (e.g.. 2555 ~ ~ ~~. Tal~h~see. Rodda 3239%2 I~)? April 10, 1998 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 State of Florida Department of Community Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Mr. Clayton H. Wilder Re: Byrne Grant Signatory Authority Dear Mr. Wilder: Pursuant to the referenced Grant, Lieutenant Will Sargent has my permission to have signatory authority on any applicable grant documents. SIGNATURE If you need further information, please feel free to contact me. JH/A:ssa2 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 Mr. Clayton H. Wilder Cou,LLunity Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in SubqraDt Instruction~. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Don Hunter. Sheriff Collier County. Florid~ By: JH/a:see2 Date: April 10. 199~ John C. Distdct 1 Para.la $. M~c*Kie District ~5 Co~nity Pr~ram Administrator Bureau of Co~unity Assistance Department of Co,unity Affairs 2555 Shu~rd Oak Boulevard Tallahassee, Florida 32399-2100 3301 Eas! Tmmlaml Trail · Naples. Florida 34112.4977 (941) 774-~097. Fax (941) 774-3602 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Sub, rant Instruction~. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient .... X H~ a cu~entEEO PmgramPlan. Does nothaveacu~entEEO P~gramPlan. \ I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry. Chairwoman Board of Countv Commissioners Collier County. Florida By: JH/a:seex A.uj3~ov~ as to form Date: